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Min - Planning and Zoning Commission - 2005 - 02/15 - RegularPLANNING AND ZONING COMMISSION Regular Meeting February 15,2005 CITY OF ALLEN ATTENDANCE: Commissioners Present: Gary Caplinger, Chair Alan Grimes Robert Wendland Douglas Dreggors James Rushing Robin Sedlacek Darion Culbertson Commissioners Absent: City Staff Present David A. Hoover, Director of Planning Sally L. Leeper, Planner Kellie Wilson, Planning Tech Dennis Abraham, Engineering Joe Gorfida, City Attorney Regular Agenda Call to Order and Announce a Quorum is Present: With a quorum of the Commissioners present, Chairman Caplinger called the meeting to order at 7:00 p.m. in the City Hall Council Chambers at Allen City Hall, 305 Century Parkway. Director's Report on February S, 2005 City Council Action • No Planning items to report. • Council did approve a street name change. Consent Agenda Agenda Item 1: Approve Minutes of February 1, 2005, Regular Meeting. Commissioner Wendland clarified a comment that was listed on page 5. The minutes misstated his intent on the "Live Theatre proposed use." Bullet five (5) under Comments from the Commissioners should read "Live Theatre proposed use — maybe too limited as proposed. Suggest allowing independent film theatres, such as the Angelica or Magnolia." PLANNING & ZONING COMMISSION PAGE 2 FEBRUARY 15, 2005 Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Dreggors the Commission voted 6 IN FAVOR, and 0 OPPOSED, with Commissioner Culbertson abstaining, to approve the Consent Agenda with the change to the minutes. The motion carried. Reeular Aeenda Agenda Item 2 Public Hearing — Conduct a Public Hearing and consider an amendment to a portion of Tract A2 of PD Planned Development No. 72 for CC Corridor Commercial to LR Local Retail uses on 7.160t acres of land located at the northeast comer of Ridgeview Drive and Alma Drive. Mr. Hoover presented the request to the Commission. He explained that the applicant has requested this change to allow for a less -restrictive setback. The uses in Local Retail zoning districts are generally permitted in Corridor Commercial Districts. After determining traffic and access issues, adjustments may have to be made. This could change the General Development Plan slightly from the Concept Plan should the request be approved as submitted. However, any changes would be accounted for in the Preliminary and Final Plat stages. Commissioner Culbertson asked what the time frame for development would be from phase 1 and the other phases. Mr. Bob Johnson, representing the applicant, responded by stating phase 1 would start immediately. However, the market will dictate the development schedule of the other phases. Chairman Caplinger opened the Public Hearing. Mr. Lary Vowell, of 1217 Bridgeway, addressed the Commission to ask what types of uses would be allowed with the LR Local Retail zoning. The amenity center for Waterford Crossing is located across the street from this tract. The Homeowner's Association did not want to see a use that allowed gasoline sales. Chairman Caplinger read into record a notice of opposition that was received prior to the meeting. Cindy Harty opposed any construction at this location because of the existing trees. Mr. Hoover addressed the Commission. He stated that should a request be submitted for gasoline sales, the Commission would have a chance to review the request as a Specific Use Permit. The sample list of possible uses could be: • A drop-off dry cleaner, • Insurance Agent, • Walgreens and/or CVS • Other activities that are generally considered to be neighborhood service in nature. Commissioner Wendland asked about the expected build -out right-of-way for this intersection. a Mr. Dennis Abraham, Civil Engineer with the City, stated it would be 130 ft. Commissioner PLANNING & ZONING COMMISSION PAGE 3 FEBRUARY 15, 2005 Wendland stated that the LR Local Retail does allow a smooth transition to the neighboring residential area. Commissioner Grimes commented about the zoning request being done as a convenience to the owner. He stated that if this area needs to be rezoned, maybe the Commission should look at this area as a whole, instead of rezoning piece by piece. Chairman Caplinger stated he would support and consider a rezoning request at the hard comers of the intersection, but would not support rezoning parcels not at the intersection. Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Culbertson, the Commission voted 7 IN FAVOR, and 0 OPPOSED to recommend approval of the zoning change with the stipulation that after staff review of the traffic and access issues, that adjustments be allowed to the Concept Plan. The motion carried. Agenda Item 3: Public Hearing — Public Hearing and consideration of a recommendation to amend PD Planned Development No. 26, Tract 5A, to allow an 80 -foot cell tower, camouflaged as a cross. The property is located at the southwest comer of McDermott Drive and Alma Drive. Commissioner Wendland signed a conflict of interest statement and did not participate in or vote on this item. Mr. Hoover presented the request to the Commission. He explained that the request exceeds the height limitations for a structure adjacent to residential development. The limitation is 45 -feet, with the request being for an 80 -foot structure. The Allen Land Development Code does allow churches to exceed height limits for steeples based on increasing set backs from all property lines. However, this proposal is not for the construction of a steeple. Mr. Hoover stated that staff is recommending denial. Mr. Ryan Ivey representing Sprint addressed the Commission. He stated that this area has a coverage hole. He also stated that he was not aware that the residents of Watters Crossing and City staff did not support the request until a few days prior to the meeting. Mr. Ivey then withdrew this request. Mr. Ivey stated that Sprint will conduct a number of height tests to see if there are other height options, and will meet with the Watters Crossing HOA and City staff, to work on a request that would be supported by everyone. No public hearing was held and no action was required I I I PLANNING & ZONING COMMISSION FEBRUARY 15, 2005 Other Business Upcoming Agenda Items: PAGE • Two (2) zoning requests • A General Development Plan for a day care • Amendments to the Allen Land Development Code • Update on proposed changes to the Property Maintenance Code. (allows for more enforcement tools.) • Preliminary Plat for Emerson Farms — TIA has been done for the commercial tract. Adjournment Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Dreggors, the Commission voted 7 IN FAVOR and 0 OPPOSED to adjourn the Planning and Zoning Commission meeting at 7:50 p.m. These minutes approved this\S� day of 2005. c ary aplinger, anan Kellie Wilson, Planning Technician �