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Min - Planning and Zoning Commission - 2009 - 01/06 - RegularI I V_ CITY OF ALLEN Commissioners Present: Robert Wendland Jeff Cocking Douglas Dreggors Alan Grimes Marcelle Jones Shirley Mangrum James Rushing Commissioners Absent: None PLANNING AND ZONING COMMISSION Regular Meeting January 6,2009 City Staff Present: Ogden `Be" Bass, Director of Planning & Development Lee Battle, Assistant Director of Planning & Development Kevin Laughlin, Attorney Tiffany McLeod, Planner Call to Order and Announce a Quorum is Present: With a quorum of the Commissioners present, Chairman Wendland 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 from 12/09/08 Council Meeting Director's Report is attached. Consent Agenda 1 Approve minutes of the November 18, 2008 meeting. Motion: Upon a motion by Commissioner Rushing, and a second by Commissioner Jones, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda. The Motion Carried. Regular Agenda Agenda Item #2: Public Hearing/ALDC Amendments — Conduct a Public Hearing and consider amendments to the Allen Land Development Code by amending the Allen Land Development Code Article VII, Section 7.04.1 Parking Requirements and Section 7.07 Fences & Walls. Lee Battle, Assistant Director of Planning & Development presented the item to the Commission. Changes are sometimes made to the Allen Land Development Code to reflect changes in the community and new development trends. In addition, specific cases can bring to light the need to review and update specific requirements in the code. The proposed amendments are a result of the review that took place for the recent Harvest Oaks Baptist Church specific use permit case. The current puking requirement for churches/religious facilities is 1 space/3 fixed seats. The proposed parking requirement for churches/religious facilities is 1 space/3 fixed seats plus 1 space/300 sq.ft. for additional building areas other than the main sanctuary/assembly area. The purpose of this amendment is to ensure that there is adequate parking provided to meet the need of the development and prevent overflow parking that will negatively impact adjacent properties and neighborhoods. The second modification proposed is to the screening requirements for non-residential developments. Currently screening is required between single-family and commercial and industrial uses. The proposed requirement is for screening between single-family and non- residential uses. The purpose of this amendment is to ensure that adequate screening can be required when non-residential uses develop adjacent to residential. The proposed standards would only apply to site plans and/or SUPS for a new church or expansions of an existing church. Staff recommends approval of this item. Chairman Wendland opened the Public Hearing. Chad Selph, 204 Willow Creek Circle, Allen, pastor of First Baptist Church of Allen, spoke in opposition of the request. He is concerned with the parking requirement. He questioned what was considered parking impact space when determining the 1/300 sq.ft. requirement. Would encourage the City and the church community leaders working together to find a solution. Bryce Greene, 708 Franklin Drive, Allen, representative of Cottonwood Creek Baptist Church, spoke in opposition of the request. He is concerned with the puking requirement. The parking requirements of neighboring cities are tied to the number of seats in the worship area. He states that the proposal may have some unintended results; such as having to meet requirements for additional handicap spaces, landscaping, irrigation, screening, storm drainage, etc. He recommends talking with the church leaders to find a solution. Robert Reeves, 900 Jackson Street Suite 160, Dallas, representative of The Harvest Church, spoke in opposition of the request. He is concerned with the parking requirement. He questions the need to revise the code if the market is already handling the need to provide additional parking. He is concerned that the religious community was not informed of this proposal. He recommends the City and the church community leaders work together to find a resolution Rex Taylor, 26 White Rock Trail, Lucas, representative of Greenville Oaks Church of Christ, spoke in opposition of the request. He is concerned with the parking requirement. He believes the I space/300 sq.ft. of additional building area is excessive. Ken Crawford, 1526 Prairie View, Allen, pastor of Forest Grove Christian Church, spoke in opposition of the request. He is concerned with the parking requirement. He would hope that the City would communicate with congregational leaders to come to a resolution. With no one else wishing to speak, Chairman Wendland closed the Public Hearing. Lee Battle was invited to respond to the speakers' concerns. He stated that shared parking agreements are also an available opportunity to address puking issues. He continued by stating the gross area of a building falls in the 1 space/300 sq.ft. requirement. The calculation takes into account the spaces of a building that do not impact parking. The challenge of establishing one requirement is having the understanding that each church is different. The parking requirements of over 15 surrounding cities were looked at and they were all different. He concluded by stating the City is always willing to work with the community to come up a solution that makes the most sense. Commissioner Jones asked what the City's ability would be to enforce more parking if the minimum parking requirements have already been met. Mr. Battle answered that the goal is to be pro -active and set requirements that allow a development to function properly in order to avoid an enforcement situation. The City does not have a mechanism to require additional parking if minimum standards are met. Motion: Upon a motion by Commissioner Rushing, and a second by Commissioner Jones, the Commission voted 3 IN FAVOR, 4 OPPOSED, to approve the parking requirement proposal as amended to require additional parking of 1 space/500 sq.ft. for all buildings except the main assembly area and to approve the screening requirement proposal as submitted by staff. The motion failed. Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner Rushing, the Commission voted 7 IN FAVOR, 0 OPPOSED, to sever Item #2 Section 7.04.1 from Section 7.07 for the purposes of further action. The motion carried. I Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner Grimes, the Commission voted 7 IN FAVOR, 0 OPPOSED, to recommend approval of the amendments to Section 7.07 Fences & Walls. The motion carried. Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner Mangrum, the Commission voted 7 IN FAVOR, 0 OPPOSED, to reopen the public hearing on the proposed amendments to Section 7.04.1 Parking Requirements and to table the item until the January 20, 2009 Planning & Zoning Commission meeting. The motion carried. Adjournment Motion: Upon a motion by Commissioner Dreggors and a second by Commissioner Rushing the Commission voted 7 IN FAVOR and 0 OPPOSED to adjourn the Planning and Zoning Commission meeting at 8:38 p.m. These xpin es a0roved this /�� / day of L 2009 bertend nd, Chairman Tiffany McLeod, Planner u I Director's Report from 12/9/08 City Council Meeting Ogden "Bo" Bass, Director of Planning & Development, reported to the Commission. The City Council approved a specific use permit for Harvest Oaks Baptist Church with two conditions: 1 An off-site parking agreement approved by the City Attorney and filed of record with Collin County 2. The provision for off-duty officers for traffic control if special events warrant it. I