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Min - Planning and Zoning Commission - 2009 - 07/21 - RegularI ;� CITY OF ALLEN I:\ W I DIcI174V[a) y Commissioners Present Jeff Cocking Douglas Dreggors Alan Grimes Shirley Mangrum James Rushing Robert Wendland Commissioners Absent: Marcelle Jones PLANNING AND ZONING COMMISSION Regular Meeting July 21, 2009 1 City Staff Present: Ogden "Be" Bass, AICP, Director of Planning & Development Chris Flanigan, P.E., Assistant Director of Engineenng Helen -Eve Liebman, Senior Planner 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 1. Director's Report is attached for action taken on the Planning & Zoning items by City Council at the 7/14/09 City Council meeting. Consent Agenda 2. Approve minutes of the June 7, 2009 meeting. 3. Final Plat —Consider a Final Plat for Greenville Center Addition, Lots 5 — 7, Block A, for Whataburger. The property is 5.0607± acres located southwest of Stacy Road and SH5. FP -6/15/09-45 4. Final Plat — Consider a Final Plat for Lot 1, Block 1, TXDC2 The property is 34.0± acres located northeast of Stacy Road and Chelsea Boulevard. FP -6/26/09-51 Motion: Upon a motion by Commissioner Rushing, and a second by Commissioner Grimes, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda. The motion carried. Regular Agenda Agenda Item #5: Public Hearing — Conduct a Public Hearing and consider a request to change the zoning for 6.962± acres out of PD Planned Development No. 6 for SC Shopping Center to CF Community Facilities to allow for a church. The property is 6.962± acres located in Fountain Park #01, Lots IA and 1B; located at the northeast comer of Greenville Ave. and Rivercrest Blvd. Z-6/9/09-43 Helen -Eve Liebman, Senior Planner, presented to the Commission. The applicant, Bethany Worship Center, is proposing to rezone the property from PD Planned Development 6 for Shopping Center to CF Community Facilities to allow for a church. As practice, the City of Allen prefers not to rezone shopping center zoning to a less intense district, however the site is adjacent to Allen Independent School District (AISD) property and is not necessarily considered desirable to various restaurant users or convenience services that may want to sell alcohol. The 1 site also includes a number of existing trees and the mitigation fees associated with developing the site as a shopping center may have seemed financially challenging. The placement of shopping center zoning in a location referred to as "mid block", a substantial distance from major thoroughfare intersections, impacts the location's reduced attractiveness for a shopping center. Based on the location and surrounding land uses a church use is appropriate for this property. There we no special development regulations included in the request and the applicant has been advised of required compliance with the Allen Land Development Code Staff recommends approval Chairman Wendland opened the Public Hearing. Richard and Patsy Conner, 501 Lake Ridge Drive, Allen, spoke in favor of the request. He stated that he hoped as many trees as possible can remain on the site. However he was opposed to the City's requirement for the church to build an 8 ft. masonry wall. Carroll Jungmann, 605 Lake Ridge Drive, Allen, spoke in favor of the request However he would not like an 8 ft. masonry wall behind his home. With no one else wishing to speak, Chairman Wendland closed the Public Hearing. The following people submitted a written statement in support of the request: Robert DeVance, 610 Thoreau Lane, Allen, Texas I I Linda Scos, 603 Lake Ridge Drive, Allen, Texas Joe Hlavenka, 701 Cypress Drive, Allen, Texas The following people submitted a written statement in opposition of the request: Debbie Hoppe and Mike O'Dell, 700 Thoreau Lane, Allen, Texas Ms. Liebman stated that since this is a straight zoning request the applicant cannot deviate from the ALDC requirement of an 8 ft. masonry wall. Commissioner Dreggors asked if the trees on the site will be accounted for at a later date. Ms. Liebman stated that the trees will be addressed at the Site Plan stage. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Mangrum, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve Item 5. The motion carried. Adjournment Motion: Upon a motion by Commissioner Dreggors and seconded by Chairman Wendland the Commission voted 6 IN FAVOR and 0 OPPOSED to adjourn the Planning and Zoning Commission meeting at 7:15 p.m. These mianles approved this { day of ��2009. Robert Wendland, Chairman Helen -Eve Liebman, Senior Planner IDirector's Report from 6/14/09 City Council Meeting There was one item taken to the June 14, 2009 City Council meeting for consideration. The ALDC amendment, clarifying the requirement to relocate overhead utility lines, was presented to the City Council and approved. 1