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Min - Planning and Zoning Commission - 2015 - 11/17 - RegularNovember 17, 2015 PLANNING AND ZONING L, n� COMMISSION Regular Meeting November 17, 2015 CITY OF ALLEN ATTENDANCE: Commissioners Present: Jeff Cocking, Chair Ben Trahan, 1" Vice -Chair Stephen Platt, Jr., 2n° Vice -Chair John Ogrizovmh Luke Hollingsworth Michael Orr Shirley Mangrum Absent City Staff Present: Lee Battle, AICP, LEED AP, Assistant Planning Director Shawn Poe, PE, Assistant Director of Engineering Brian Bristow, Assistant Director of Parks and Recreation Tiffany McLeod, AICP, Senior Planner Madhuri Rulkarm. Planner Nabiha Ahmed, Planning Intern David Dodd, City Attorney Call to Order and Announce a Quorum is Present. With a quorum of the Commissioners present, Chairman Cocking called the meeting to order at 7:00 p.m in the City Hall Council Chambers Room at Allen City Hall, 305 Century Parkway Director's Report 1. Action taken on the Planning & Zoning Commission items by City Council at the November 10, 2015, regular meeting, attached Consent Agenda (Routine P&Z business Consent Agenda is approved br a single malorav vote Items may be removed for open discussion by a request from a Commission sion member or member ofstgff) 2 Capital Improvement Program (CIP) Status Report 3. Approve minutes from the November 3, 2015, regular meeting. I November 17, 2015 Motion: Upon a motion by 2ntl Vice -Chair Platt, and a second by Commissioner Hollingsworth, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Consent Agenda. The motion carried. Reenlar Aeenda 4. Tabled Public Hearing/Replat — Continue the Public Hearing and consider a request for a Replat for Allentown Office Park, Lots 3R, 4, and 5, Block A, being a replat of Lot 3, Block A, Allentown Office Park; generally located west of Greenville Avenue and south of Allentown Parkway, Allen, Texas. (R-9/21/15-67) [Allentown Office Park] Ms. Nabiha Ahmed, Planning Intern, presented the item to the Commission. She stated that the item is a Tabled Public Hearing and a replat for Allentown Office Park The property is located south of Allentown Parkway and west of Greenville Avenue. It is currently zoned Light Industrial. Surrounding zoning includes Planned Development No. 4 for Shopping Center to the east and Light Industrial to the north, south, and west, Ms. Ahmed stated that the property is currently platted as one (1) lot which is Lot 3, and will be subdivided into three (3) separate lots which will be Lots 3R, 4 and 5. Lot 3R already has an existing building, and a Site Plan for Office/Warehouse buildings was approved in May 2015. Replatting is the last step in the development process i The replat is approximately 11 8 acres. There are six (6) access points; one ( I ) access point on Greenville Avenue, two (2) access points to the south of the property which is a future 24' fire lane, access and utility easement, and three (3) access points on Allentown Parkway The plat also shows various easements and right-of-way dedication required for development Ms Ahmed stated that the replat has been reviewed by the Technical Review Committee, is consistent with the Site Plan, and meets the standards of the Allen Land Development Cade, Commissioner Ognzovmh asked if the treed area that is on the west side of Lot 3R will remain Chairman Cocking stated that Lot 3R will not be changing Commissioner Ogrizovich confirmed that the trees will not be removed. Ms. Tiffany McLeod, Senior Planner, answered correct. The only improvements made will be to Lots 4 and 5 to the east. Chairman Cocking reopened the public hearing. Chairman Cocking closed the public hearing, Ms. McLeod stated the reason the item was tabled in the first place was to finalize easement documents and a driveway agreement She asked that :f the Commissioners approve the replat, then add the condition to require the full execution and recordation of those agreements with the filing of the plat November 17, 2015 Motion: Upon a motion by I" Vice -Chair Trahan, and a second by Commissioner Mangrum, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Replat for Lots 31L 4, and 5, Block A, Allentown Office Park, generally located west of Greenville Avenue and south of Allentown Parkway, for Allentown Office Park, with the provision that the finalized easement and driveway agreement must be executed and recorded with the filing of the plat. 5. Public Hearing/Residential Replat — Conduct a Public Hearing and consider a request for a Residential Replat for Lots 30R, Block A and Open Space Lot 38R, Bethany Mews/Pecan Homes, being a replat of Lot 30, Block A and Open Space Lot 38, Bethanv Mews/Pecan Homes, generally located south of Bethany Drive and west of Claire Lane, Allen, Texas. (RR -9/28/15-68) [Bethany Mews/Pecan Homes] Ms Madhuri Kulkarni, Planner, presented to the Commission. She stated the item is a Public Hearing and a Residential Replat for Bethany Mews/Pecan Homes. Ms. Kulkami stated that the property is located south of Bethany Drive and is currently zoned Planned Development No. 105 for Mixed -Use MIX. The surrounding property to the west, south, and cast are also zoned Planned Development No. 105 for Mixed -Use and part of the Bethany Mews/Pecan Homes subdivision. The property to the north across Bethany Drive is zoned Planned Development No. 105 for Mixed -Use as well Ms. Kulkarm showed the current configuration of the two (2) lots. Lot 38 is the open space lot that runs along Betham Drive and Lot 30 is the residential lot and that is at the intersection of Claire Lane. She then showed the proposed replat. The purpose of the replat is to separate Lot 30 into a residential lot (Lot 30R) and incorporate the rest of the space into Lot 38 (Lot 38R). All other conditions remain the same. There is no impact to the existing utilities, structures, setbacks, or the zoning regulations. Ms. Kulkami stated that the residential replat has been reviewed by the Technical Review Committee and meets the standards of the.9//en Land Develonmen( Code. 2"a Vice -Chair Platt stated that he remembers this getting approved but asked why it was not separated in the beginning Ms. Kulkarni stated that the homeowner does not want the extra land on the eastern side of their property. 2nd Vice -Chair Platt asked if this is the lot where the home already existed. Ms. Kulkami answered yes. Chairman Cocking opened the public hearing Chairman Cocking closed the public hearing. Motion: Upon a motion by Commissioner Ogrizovich, and a second by I" Vice - Chair Trahan, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Residential Replat Lots 3011, Block A and Open Space Lot 38R, Bethany Mews/Pecan Homes, generally located south of Bethany Drive and west of Claire Lane. November 17, 2015 6 Public Hearing/ALDC Amendments - Conduct a Public Hearing and consider proposed amendments EL(, to the Allen Land Development Code relating to Section 4.10 "Residential Accessory Use Regulations", Section 4.15.3 "Schedule of nonresidential height and area regulations" relating to the height of accessory structures in the Office zoning district, Section 4.20.2 "Schedule of Principle Uses" relating to "Medical Clinic" and "Medical and Dental Office' uses; Section 4 20.3 "Schedule of Accessory Uses' relating to the addition of a new use titled 'Telecommunications (Monopole Tower)", Section 7 03.4 8 -Parking lot and loading area lighting", Section 7.09.2 relating to the definition of "Sign Area", Section 7.09.5.10. relating to design standards for certain signs; Section 7.09.9.1 relating to the location of freestanding signs, Section 7.09.11.1 relating to "Temporary Signs", Section 7 09 11.2 relating to requiring permits for permanent institutional signs; Appendix A "Definitions" by amending the definitions of "Medical Clinics," "Medical and Dental Offices," and "Hospitals'; and Appendix C "Trees and Plants" by relating the list of recommended species for new plantings Mr. Lee Battle, Assistant Director of Community Development, presented the ALDC amendments to the Commission. He stated that a few time a year, a set of amendments are brought to keep the ALDC current to keep up with market and technology changes. Residential Accessory Use Regulations Mr. Battle explained residential accessory use regulations and accessory uses (such as items in the backyard, outdoor kitchens, sheds, swimming pool structures, etc) There are three (3) particular amendments, brought up because subdivisions with smaller houses, smaller lots, and smaller yards are continuing to be developed. Some of these items become more critical than they would have been when developers were building slightly larger lots. These items include: - Provision that if there are two (2) backyards against each other, there needs to be 10' in between for accessory structures (5' on each side of the lot line) Air conditioning pads They tend to be 3'-3.5' and can block side yards or interfere with drainage easements Mr Battle stated they have gone through the building permit process to ensure there is distance between A C pads and fences Commissioner Ogrizovich asked how that atTects existing conditions Mr. Battle replied that it does not. This provision would apply at the time of development He elaborated that there should not be many of these conditions because this should have already gone through the building permit process and builders should have already made the adjustments. The third item is regarding swimming pools. The swimming pools are getting closer to the house, not leaving much room to walk between This is especially critical for emergency response, and need to leave at least 5' of separation between the house and the pool Commissioner Mangrum said that she sees this situation a lot and agreed that it is dangerous to walk out in the backyard due to the closeness of the pool Telecommunications (Cell Towers): Mr. Battle stated that when it comes to telecommunications and the need for companies to provide service, the City, over the last ten years, has encouraged co -locating of existing structures He mentioned that Allen has been veru successful in having existing water towers with a lot of antennae, for example. This has minimized the number of freestanding towers that Allen has. Federal law has some provisions that include certain parameters. Allen has allowed towers by right as an accessory use, which have to November 17. 2015 follow height restrictions in the particular zoning district, which does not prohibit the service, but does narrow down the number of poles, number of freestanding towers, and encourages co -location Mr Battle stated this has been happening for a long time, but it is not included in the use chart This just aligns the code with the policies. The only other change is regarding the maximum height in the Office District, which is 80' A footnote w ill be added stating that the 80' will be applied only to primary structures, not to accessory structures Medical Clinics & Medical Offices Mr. Battle stated that there has been an evolution in the health industry and the types of developments related to the medical field. The definitions in the code need to be updated due to the variety of the medical field. Three (3) categories are proposed - Medical/Dental Office: On one end of the spectrum, this includes medical/dental offices (traditional dental or optometrist offices in an office setting with minimal traffic). The other end of the spectrum includes more intense uses such as bigger buildings and overnight stays and emergency rooms which generates more traffic - Medical Clinics: There is larger variety in between both spectrums, which will be called medical clinics. This can include anything from urgent care facilities, day surgery centers, dialysis centers, etc Since this is a potentially diverse group of uses, these will be through a Specific Use Permit (to analyze on a case-by-case basis). Mr Battle asked for one modification. Medical Clinics are listed as "SUP" through all non-residential districts. He recommended that in the Information Technology (IT) district, this use be permitted by right. This is because the Information Technology (IT) district is what is remaining of Planned Development No. 54 around the hospital, which is the medical area in Allen. Additionally, about half of the properties zoned in Planned Development No 108 (near PD 54) already allow this use by right, so this would maintain consistency in that area. Parking Lot Lighting Mr Battle stated that parking lot lighting is a cleanup of the language in the Code (to remove some repetition). Signage: V -Shaped Signs: Mr. Battle explained the sign section treats V-shaped signs differently than a monument sign with two sides, although they are basically the same thing. Adding a referral in the ALDC to the Building Code regarding to wind loads and structural requirements (there is no need to have a separate requirement in the ALDC because the Building Code addresses this issue) Provision to change freestanding signs to be only 10' rather than 30' from the adjacent property Sign table cleanup to match narrative of the Code for Banners and Grand Opening Permits to be required for Institutional Wall signs (currently not required) jr Approved Trees and Plantings: The approved tree list will be changing for allowed trees Modifications are made to ensure trees are native and do well in the climate, and remove some that have not done well or are disease -prone November 17, 2015 Chairman Cocking said that Section 7.09 11 1 mentions three (3) permits per year/mimmum. He asked if the word "minimum" should be struck. Mr Battle said Nes. Chairman Cocking opened the public hearing. Chairman Cocking closed the public hearing. Chairman Cocking clarified that if a motion is provided, there are two (2) caveats that need to be included: 1) Clinic in Section 4202 allowed by right in the Information Technology (IT) district and 2) remove the word "minimum" in Section 7.09 11 1 Commissioner Hollingsworth clarified that the landscape provisions will only apply to new developments. Mr Battle said this list will be applied at the time of development. Commercial developments are required to do a landscape plan along with the site plan, so the landscape plan will be reviewed for compliance with the tree list. Commissioner Hollingsworth asked about the tree list and its applicability to residential lots. Mr Battle said the tree list does not apply to residential lots Chairman Cocking said when the budding permit is filed, the existing Code applies The projects that have already been submitted are locked in to the current Code at the date of filing or submitting, which guarantees them protection. Mr. Battle said if landscaping dies within an existing commercial property, the City would encourage using the updated tree list, but the approved landscape plan is what they would be bound to. Motion: Upon a motion by 2"" Vice -Chair Platt, and a second by 1" Vice -Chair Trahan, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the amendments of the Allen Land Development Code with the conditions that Medical Clinic be permitted by right in the Information Technology (IT) District and to remove the word "Minimum" in Section 7.09.11.1. Executive Session (As Needed) As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the Citv Attorney on an) agenda item listed herein Adjournment The meeting adjourned at 7:31 p.m. November 17, 2015 q Y These n s pr ed this 2 day of�Um�<V 2015 vw 1 h.,. Mad uri {ulkarm, Planner 0 0 November 17, 2015 Director's Report from 11/10/2015 City Council Meeting • The continued item request to adopt an Ordinance to amend the Development Regulations of Planned Development No. 108 and Adopt a Concept Plan and Building Elevations relating to 8.1421 acres, generally located on the southeast corner of the intersection of Ramtree Circle and Junction Drive for the Alders at Twin Creek, was approved. 0 I