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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2016 - 10/18 - RegularOctober 18, 2016 PLANNING AND ZONING COMMISSION Regular Meeting October 18, 2016 CITY OF ALLEN ATTENDANCE: Commissioners Present: Jeff Cocking, Chair Ben Trahan, Iv Vice -Chair Stephen Platt, Jr., 2"d Vice -Chair John Ogrizovich Luke Hollingsworth Michael Orr Shirley Mangrum Absent City Staff Present: Chris Flanigan, PE, Director of Engineering Lee Battle, AICP, LEED AP, Assistant Director of Community Development Brian Bristow, Assistant Director of Parks and Recreation Madhuri Mohan, AICP, Senior Planner Meredith Norge, Planner Julie Dosher, 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 I. Action taken on the Planning & Zoning Commission items by City Council at the October 11, 2016, regular meeting, attached. Consent Agenda (Routine P&Z business. Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a Commission member or member ofstaff.) 2. Approve minutes from the October 4, 2016, regular meeting. 3. Capital Improvement Program (CIP) Status Report. Motion: Upon a motion by Commissioner Mangrum, and a second by 2"d Vice -Chair Platt, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Consent Agenda. The motion carried. October 18, 2016 t Regular Agenda 4. Combination Plat—Consider a Combination Plat for Watters Office Suites Addition, Lots 1& 2, Block A, being 3.389+/- acres; generally located west of Watters Road and north of Bethany Drive. (FP - 8/8/16 -67) [Watters Office Suites Addition] Ms. Norge, Planner, presented the item to the Commission. She stated that the item is a Combination Plat for Watters Office Suites Addition. She said that the property is located west of Watters Road and north of Bethany Drive. The property to the north is zoned Planned Development PD No. 55 Office/Multi-Family O/MF. The property to the west is zoned Planned Development PD No. 55 Community Facilities CF. To the south, the property is zoned Planned Development PD No. 55 Garden Office GO. The properties to the east (across Watters Road) are zoned Planned Development PD No. 55 Office O and Planned Development PD No. 55 Light Industrial LI. Ms. Norge said that the property is zoned Planned Development PD No. 55 Garden Office GO. A Site Plan for an office development is currently being reviewed. Platting the site is the last step in the development process. Ms. Norge explained that a Combination Plat is submitted as the tract of land is subdivided into three lots or less, there is no change in street locations, and the requirements for both the Preliminary Plat and Final Plat are met. The Combination Plat shows approximately 3.389± acres subdivided into two (2) lots. Lot I will develop for the office use. Lot 2 is a floodplain to be dedicated to the City. There are two points of access - one on Watters Road to the east and one through a firelane, mutual access, and utility easement on the south. The plat also shows various easements required for development of the property. ' The Combination Plat has been reviewed by the Technical Review Committee and meets the requirements of the Allen Land Development Code. Motion: Upon a motion by 2"^ Vice -Chair Platt, and a second by Commissioner Mangrum, the Commission voted 7 I FAVOR, and 0 OPPOSED to approve the Combination Plat for Watters Office Suites Addition, Lots 1 & 2, Block A, being 3.389+/- acres; generally located west of Watters Road and north of Bethany Drive. (FP -8/8/16-67) [Watters Office Suites Addition[ The motion carried. 5. Preliminary Plat— Consider a Preliminary Plat for Angel Field East, being 29.001+/- acres; generally located at the southeast comer of Bethany Drive and Montgomery Boulevard. (PP- 8/16/16-72) [Angel Field East] Ms. Norge, Planner, presented the item to the Commission. She stated that the item is a Preliminary Plat for Angel Field East. She said that the property is generally located at the southeast comer of Bethany Drive and Montgomery Boulevard. The property to the east is zoned Planned Development PD No. 99 Mixed Use MIX. The property to the south is zoned Planned Development PD No. 121 for Single -Family Residential R-7, Multi -Family Residential MF- 18, and Corridor Commercial CC. The property to the west (across Montgomery Boulevard) is zoned Planned Development PD No. 105 Single -Family Residential R- 5. The properties to the north (across Bethany Drive), are zoned Planned Development PD No. 26 Single ' Family SF and Planned Development PD No. 55 Community Facilities CF. October 18, 2016 ' Ms. Nurge said [hat a Planned Development amendment was approved by City Council in September 2016, to establish design standards for a new residential community. Preliminary platting is the next step in the development process. The subject Preliminary Plat shows 29.001+ acres of land subdivided into 131 Residential Lots and 9 Open Space/HOA lots. There are two primary access points, both on Montgomery Boulevard. The plat also shows various easements required and right-of-way to be dedicated for development of the property. Ms. Nurge said that the Preliminary Plat has been reviewed by the Technical Review Committee, is generally consistent with the Concept Plan, and meets the requirements of the Allen Land Development Code. Motion: Upon a motion by P' Vice -Chair Trahan, and a second by Commissioner Orr, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve a Preliminary Plat for Angel Field East, being 29.001+/- acres; generally located at the southeast corner of Bethany Drive and Montgomery Boulevard. (PP - 8/16/16 -72) [Angel Field East[ The motion carried. 6. Preliminary Plat — Consider a Preliminary Plat for Connemara Crossing, being 20.592+/- acres; generally located at the northeast corner of Bethany Drive and Alma Drive. (PP -8/16/16-71) [Connemara Crossing] ' Ms. Norge, Planner, presented the item to the Commission. She stated that the item is a Preliminary Plat for Connemara Crossing. She said that the property is generally located at the northeast corner of Bethany Drive and Alma Drive. The property to the north is zoned Planned Development PD No. 26 Single -Family Residential SF. The property to the west (across Alma Drive) is zoned Planned Development PD No. 105 Single -Family Residential R-6. The properties to the south (across Bethany Drive) are zoned Planned Development PD No. 105 Mixed -Use MIX and Planned Development PD No. 96 Single -Family Residential R-4. To the east, the properties are zoned Planned Development PD No. 26 Single -Family Residential SF and Planned Development PD No. 76 Single Family Residential R-5. Ms. Nurge said that a Planned Development amendment was approved by City Council in July 2016 to establish design standards for a new residential community. Preliminary platting is the next step in the development process. The subject Preliminary Plat shows 20.592+ acres of land subdivided into 78 Residential Lots and 9 Open Space/HOA Lots. There are two access points into the development; one access point on Bethany Drive, and one access point on Alma Drive. The plat also shows various easements required and right-of-way to be dedicated for development of the property. Ms. Nurge said that the Preliminary Plat has been reviewed by the Technical Review Committee, is generally consistent with the Concept Plan, and meets the requirements of the Allen Land Development Code. October 18, 2016 ' Motion: Upon a motion by Commissioner Hollingsworth and a second by 1" Vice - Chair Trahan, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve a Preliminary Plat for Connemara Crossing, being 20.592+/- acres; generally located at the northeast corner of Bethany Drive and Alma Drive. (PP -8/16/16-71) Connemara Crossing The motion carried. 7. Public Hearing — Conduct a Public Hearing and consider a request to change the zoning from Corridor Commercial "CC" to a Planned Development for a Data Center use and adopt a Concept Plan, Building Elevations, Screening Plan, and Development Regulations for a 12.000+/- acre portion of land situated in the George Phillips Survey, Abstract No. 701; generally located north of Allen Commerce Parkway and west of US Highway 75. (z-9/7/16- 83) [Compass Data Center] Ms. Mohan, Senior Planner, stated that the property is generally located north of Allen Commerce Parkway and west of US Highway 75. The property to the north is zoned Community Facilities CF, the location of the Ridgeview Cemetery. To the west, the property is zoned Agriculture Open Space AO. The properties to the south (across Allen Commerce Parkway) are zoned Planned Development PD No. 102 Corridor Commercial CC, the location of Cisco Data Center, and Corridor Commercial CC. The property to the east is the Town of Fairview. Ms. Mohan stated that the applicant is proposing to construct a Data Center on the 12 -acre site which is currently zoned Corridor Commercial CC. The Data Center will store, manage, and process data and information. She said that Data Centers are quite unique and have very specific regulations. She said that ' the PD Zoning will include a Concept Plan, Screening Plan, and Building Elevations, as well as very detailed Development Regulations. The proposed data center building is approximately 87,000 square feet, to be constructed in three phases. There are two points of access into the development; both on Allen Commerce Parkway, Both entrances will be gated. The entrance on the eastern side is the main entrance for employees. The entrance on the western side is provided as a secondary, emergency access point. Ms. Mohan said that there is no minimum parking requirement for Data Centers. Data Centers typically have low on-site personal, as evidenced by the Cisco project. She said that the Data Center will have 51 parking spaces. Open Space provided exceeds Allen Land Developmen7 Code standards. Ms. Mohan presented the Screening Plan and stated that the applicant is proposing to secure and screen the Data Center with a combination of screening. Perimeter fencing will consist of an eight foot wrought iron fence with trees and landscaped berms. An eight -foot precast screening wall is proposed on the southern section of the equipment yards facing Allen Commerce Parkway. The remaining screening will consist of an eight -foot black chain link fence enclosing the equipment yards. Ms. Mohan presented the Building Elevations and mentioned that the building will be one story with a general height of 27 feet. The building will be constructed of pre -cast concrete. Ms. Mohan summarized the Proposed Development Regulations: ' = Base Zoning District CC Concept Plan: The Property shall be developed and used only in accordance with the Concept Plan. Building Elevations: The buildings constructed on the Property shall be designed, developed October 18, 2016 ' and used only in accordance with the Building Elevations, Screening Plan: Screening walls and/or fences shall be constructed on the Property in accordance with the Screening Plan. Construction of screening walls must be completed prior to issuance of CO. - Permitted Uses: The Property may be developed with uses permitted in the CC zoning district, for a Data center, and accessory uses to Data Centers. - Minimum Yard Depth and Width: There is no minimum setback for fencing or guardhouses. - Off -Street Parking and Loading: Off street parking and loading shall be provided as shown on the Concept Plan. - Access: Access shall be provided as generally shown on the Concept Plan. - Landscaping: The property shall he developed in accordance with landscaping requirements applicable to the "CC" zoning district. Modifications may be made in order to achieve LEED certification. - Project Phasing and scheduling The property may be developed in at least 3 phases. - Miscellaneous: 1. Lighting: Lighting shall meet the lighting standards in the ALDC, with flexibility for LEED requirements, security for the Data Center, or typical operations of the Data Center. 2. Generators: The operation of generators and emergency equipment is allowed. 3. Detention: Detention shall be provided for and maintained by the Data Center Property and the property to the east. - Wastewater Facilities: An existing 8" wastewater line shall be extended for the Data Center Property. The extension must be completed and accepted by the City prior to a CO for any building constructed on the Property. - Detention Pond Maintenance: Owner shall provide the City a copy of a fully executed agreement that provides for routine maintenance and establishes costs related to the detention pond prior to acquiring a building permit. The PD Amendment request has been reviewed by the Technical Review Committee. Commissioner Ogrizovich asked who the electric provider is for the site. Ms. Mohan stated that the applicant would need to address this question. Chairman Cocking opened the public hearing. Chairman Cocking closed the public hearing. Chairman Cocking asked if the equipment yard would be made of gravel or grass. Mr. Chris Curtis, 14180 N Dallas Parkway, Dallas, Texas, Co -Founder and Senior Vice President of Acquisitions and Development for Compass Data Centers, said that Oneor will be the utility provider for this project. Commissioner Ogrizovich asked if Oncor would be the single provider. Mr. Curtis said yes, Oncor is the single provider and will single feed to the substation to the west. He said that the customer may want a second feed in the future, but they are planning on a single feed for now. Mr. Curtis then stated that the equipment yard will be gravel with concrete elements for equipment and for ' walkway areas. Chairman Cocking asked if there was shielding for the generators. October 18, 2016 Mr. Curtis said that the generators are placed in enclosures that are not noticeable. Chairman Cocking expressed concern that by allowing the Data Center to be base zoned as Corridor Commercial, this may open up issues in the future as data centers have a lifespan of 10-15 years, and typically get converted into call centers or other uses. He said this space could be converted to an office use, for example, but will have limited parking as the Concept Plan for this Data Center shows unique and limited parking that does not follow the Corridor Commercial parking requirement. Ms. Mohan said that if the Data Center was converted to another use in the future, such as office or retail, then the City will have to ensure that the parking spaces are adequate for the proposed use. Chairman Cocking said that with the Data Center being zoned Corridor Commercial, any use could replace it without coming back to the Planning and Zoning Commission. Mr. Curtis said that the life of a Data Center is much longer than 10-15 years as Data Centers are really at the bottom of a technology pyramid and utilized for many operations. Mr. Curtis said that if there was a different use in the future, that the equipment yard well as other areas on the site could be utilized for additional parking. Chairman Cocking asked Mr. Lee Battle for his perspective on zoning the Data Center as Corridor Commercial versus limiting the use to only a Data Center use. Mr. Lee Battle, Assistant Director of Community Development, stated that the Data Center will receive a Certificate Occupancy as a Data Center. He said that if the Data Center use is replaced with a new use, the ' new use will receive a new Certificate of Occupancy and the site will be reviewed at that time. The new use will be analyzed to ensure that it has adequate parking. Mr. Battle said that there are processes in place to address any changes in the future. Mr. Curtis complimented the City of Allen staff and said he enjoyed working with the team. Motion: Upon a motion by Commissioner Orr, and a second by Commissioner Mangrum, the Commission voted 7 I FAVOR, and 0 OPPOSED to approve a request to change the zoning from Corridor Commercial "CC" to a Planned Development for a Data Center use and adopt a Concept Plan, Building Elevations, Screening Plan, and Development Regulations for a 12.000+/- acre portion of land situated in the George Phillips Survey, Abstract No. 701; generally located north of Allen Commerce Parkway and west of US Highway 75. (29/7/16-83) [Compass Data Center] The motion carried 8. Combination Plat — Consider a Combination Plat for Allen Commerce Center Addition, Lots 1 & 2, Block A, being 35.317+/- acres; generally located north of Allen Commerce Parkway and west of US Highway 75. (FP -10/4/16-98) [Allen Commerce Center Addition] Ms. Nurge, Planner, presented the item to the Commission. She stated that the item is a Combination Plat for Allen Commerce Center Addition. Ms. Norge said that the property is generally located north of Allen t Commerce Parkway and west of US Highway 75. The property to the north is zoned Community Facilities CF. The property to the east (across US Highway 75) is in the Town of Fairview. The property to the south October 18, 2016 ' (across Allen Commerce Parkway) is zoned Planned Development PD No. 102 for Corridor Commercial CC and Corridor Commercial CC. The property to the west is zoned Agriculture Open space AO. Ms. Norge said that the property is currently zoned Corridor Commercial CC. A Planned Development amendment is requested primarily for a Data Center use. Platting is the next step in the development process. A Combination Plat is submitted as the tract of land is subdivided into three lots or less, there is no change in street locations, and the requirements for both the Preliminary Plat and Final Plat are met. Ms. Norge said that the Combination Plat shows approximately 35.3171 acres subdivided into two lots. Lot 1 will develop into the Data Center site. Lot 2 is currently vacant and will be developed in the future. There are two points of access into the development; both on Allen Commerce Parkway. The plat also shows rights-of-way dedication and various easements required for development. She said that the Combination Plat has been reviewed by the Technical Review Committee and meets the requirements of the Allen Land Development Code Motion: Upon a motion by Commissioner Mangrum and a second by Commissioner Ogrizovich, the Commission voted 7 IN FAVOR, and 0 OPPOSED to a Combination Plat for Allen Commerce Center Addition, Lots 1 & 2, Block A, being 35.317+/- acres; generally located north of Allen Commerce Parkway and west of US Highway 75. (FP -10/4/16-98) [Allen Commerce Center Addition[ ' The motion carried. 9. Public Hearing—Conduct a Public Hearing and consider a request to amend the Planned Development and change the base zoning from Shopping Center SC to Single -Family Residential R-7, and adopt a Concept Plan, Building Elevations, and Development Regulations, relating to a 19.4817+/- acre tract of land located in the Henry Weisel Survey, Abstract No. 1026, and a portion of Lot 2A, Block B, The Village at Allen; generally located southeast of Andrews Parkway. (Z-6/8/16-47) [St. Andrews Park] Ms. Mohan, Senior Planner, presented the item to the Commission. She stated that this a Planned Development Amendment for a tract of land located in the Henry Weisel Survey and a portion of Lot 2A, Block B, The Village at Allen. She said that the property is generally located southeast of Andrews Parkway. The properties to the north (across Andrews Parkway) and west are zoned Planned Development PD. No. 73 Shopping Center SC, the location of the Village at Allen Development and Top Golf. The properties to the south and east are zoned Single -Family Residential R-5, the Spring Meadow Subdivision. Ms. Mohan said that the property is currently zoned Planned Development PD. No. 73 Shopping Center SC, which allows the following range of uses to time a few: office, retail, restaurant, medical clinic, department or discount stores. The property is considered infill and has remained vacant. The applicant is requesting to change the base zoning from Shopping Center SC to Single Family Residential District R-7 for a single-family residential subdivision, and to adopt Development Regulations, a Concept Plan, an Open Space Exhibit, and Building Elevations for the property. Ms. Mohan said that the proposed development is approximately 19.481 acres. The Concept Plan shows two minimum typical lot sizes, 45'X95' and 50'X90'. A total of 62 front -entry lots are provided (with ' approximately 44% with 45' width and 56% with 50' width). The minimum lot size provided is 4,275 square feet, with a minimum dwelling unit size (excluding the garage) of 1,550 square feet. October 18, 2016 There are three access points for the property. Two primary access points for the development are located on Andrews Parkway. There is also a gated, emergency access drive on Andrews Parkway. A 5' sidewalk is required and proposed along Andrews Parkway, which will connect to the existing sidewalk on the west. The applicant will also provide crosswalk striping along Andrews Parkway for connectivity between this proposed residential development to the adjacent Village at Allen development. Ms. Mohan said that the Concept Plan and Open Space Exhibit show eight Home Owner Association lots. Approximately 1.85f acres of open space is provided, exceeding the required open space requirement, per the Allen Land Development Code Ms. Mohan said a hike and bike trail currently exists around the detention pond to the south. The trail currently continues to the north along the eastern side of the property. This development will remove this portion of the trail and relocate it internal to the site. The trail will continue to the north along Street E, and continue further to the east along Andrews Parkway. Screening for the property will consist of an eight -foot masonry screening wall along Andrews Parkway. An eight -foot masonry or pre -cast screening wall will also be constructed along the western property boundary adjacent to Top Golf An eight -foot brick wall and trees exist along the eastern and southern boundaries of this development - these will remain with this development (and this is reflected in the Development Regulations). Ms. Mohan said that the building elevations show the primary building material as stone, brick, stucco, cement fiber board, and composition shingle roofing. The garage doors will be constructed of carriage hardware design and the driveways will be washed or exposed aggregate. Elevations vary between one and ' two stories. The developer has stipulated that any windows on a second floor of the rear elevation of Lots 1-18, Block E will either be transom windows or constructed of opaque glass (and this is reflected in the Development Regulations). Ms. Mohan summarized the proposed Development Regulations: - Base Zoning District: R-7 - Concept Plan: The Property shall be developed and used only in accordance with the Concept Plan. - Screening Plan: Screening walls and/or fences shall be constructed on the Property in accordance with the Screening Plan. Construction of screening walls must be completed prior to issuance of CO. The screening wall along the eastern and southern boundaries of the subject Property on the effective date of this ordinance will remain and not be demolished, but may be repaired as necessary. - Building Elevations: The buildings constructed on the Property shall be designed, developed and used only in accordance with the Building Elevations. - Lot Design Criteria: Minimum Lot Depth: 90' (except for Lots 1,7,13, Block B and Lots 1 and 7, Block C), Minimum Lot Area: 4,275 sq. ft., Minimum Dwelling Unit Sim: 1,550 sq. ft. (excluding floor area of garage), Maximum Lot Coverage: 65%. - Building Setbacks: Front Yard: 10', Corner Lot Side Yard: 5', Garage Setback: 20' (to face of structure). - Sidewalks: Sidewalks shall be constructed or reconstructed along Andrews Parkway (to be completed prior to the issuance of the first building permit for any residential dwelling unit to he constructed. A sidewalk will not be required along the southern side of Street D. ' - Drainage: Lot to lot drainage is prohibited. Cluster Mailboxes: Cluster mailboxes are to be provided, subject the United States Postal Service (USPS) approval. - No Parking: No on -street parking is allowed in front of Lots 1-12, Block A. October 18, 2016 ' The parking restriction will be marked by either pole mounted signs or street striping. Off Street improvements: The developer shall improve Andrews Parkway for pedestrian crossing. Ms. Mohan said that staff received a few letters of opposition regarding the relocation of the existing trail, increase in noise and traffic, and decrease in property values. Commissioner Mangrum asked about the distance between the back of the houses and Top Golf. Ms. Mohan said that the distance varies and ranges from 80' to 100'. Chairman Cocking asked where this was measured? Ms. Mohan said that the closest area is on the western side, in which measures at 80' from the Top Golf building to the property line. Commissioner Mangrum clarified that this is the location of the net at Top Golf. l" Vice -Chair Trahan said yes, that is the location of the net. Commissioner Mangrum asked if there have been any incidents of golf balls flying over the netting. Ms. Mohan said yes. Commissioner Mangrum asked how many golf balls fly over the net and how often. ' Ms. Mohan said she does not know. Commissioner Ogrizovich asked if the wall on the east side already exists. Ms. Mohan said yes, the wall on the east side already exists. Commissioner Ogrizovich asked who maintains the wall on the east side. Ms. Mohan said that the Spring Meadow HOA does not own the wall, but maintains the wall. She said she would need to confirm with the applicant. Commissioner Ogrizovich asked if St. Andrews Park would maintain the wall. Ms. Mohan said that the maintenance of the wall would be the responsibility of St. Andrews Park once established. Commissioner Orr asked about the price range of the units for the St. Andrews Park development. Ms. Mohan said that she would need to ask the applicant. Commissioner Our asked what is the largest unit size. Ms. Mohan said that she would need to ask the applicant. ' Chairman Cocking opened the Public Hearing October 18, 2016 ' Steven Chapman, 416 Spring Leaf Ct., Allen, Texas, spoke to the Commission. He voiced concerns regarding the trail and had concerns about the connection of the trail to the south to a vacant lot. He asked for clarification regarding the location of the new trail. Kristi Watson, 1517 Bethlehem Rd., Allen, Texas, spoke in opposition to the request. She voiced concerns regarding the golf balls in the area. She had concerns about injuries and structural damage from the golf balls. She also voiced concern regarding the noise level in the area. She had concerns regarding property values as well as lack of privacy. Kellie Stramel, 401 St. Andrews Dr., Allen, Texas, spoke in opposition to the request. She voiced concerns regarding the amount of golf balls in the area. She also discussed the potential for traffic accidents to occur on a blind comer on Andrews Pkwy, on the pedestrian crossing location. She also voiced concerns regarding the re -location of the trail. Mario Konjarevic, 1550 Bethlehem Rd., Allen, Texas, spoke in opposition to the request. He voiced concerns regarding overcrowding and the lowering of property values of the Spring Meadow Subdivision. Chairman Cocking closed the Public Hearing. The following residents submitted citizen responses: - John Baker, 1507 Bethlehem Rd., Allen, Texas—Opposed - Cornelia Gallagher, 1501 Bethlehem Rd., Allen, Texas—Opposed - John Bergeson, 1509 Bethlehem Rd., Allen, Texas—Opposed ' - Richard Peters, 421 St. Andrews Pkwy., Allen, Texas — Opposed - Kim Kennedy, 1515 Bethlehem Rd., Allen, Texas —Opposed Dwain Freeburg, 1506 Bethlehem Rd., Allen, Texas — Support Chairman Cocking asked if a traffic study has been conducted on the property and if there is a blind comer on Andrews Pkwy. Mr. Chris Flannigan, Director of Engineering, said that the size of the development is not large enough to warrant a Traffic Impact Analysis. He said that the curvature of the roadway on Andrews Pkwy. actually increases visibility because the road curves in front of the driver. He said the location of the proposed pedestrian crossing is further away from the curve. The screening walls and homes are setback further from the right-of-way, creating a wider berth for visibility. Chairman Cocking said that the original PD Concept Plan showed a three-story office building for this area, which would generate less traffic than what is currently being proposed. Chairman Cocking asked why the trail is being relocated and for concerns over the connector to the south of the existing pond to the vacant lot. Mr. Brian Bristow, Assistant Director of Parks and Recreation, provided explanation on how the developer and the Parks and Recreation Department found the best location for the trail. He said that the Parks and Recreation Department considered placing the trail adjacent to the Top Golf property; however, due to the steep slope, as well as underground utilities, this location was not chosen. The trail on the eastern side of the property is still considered a private trail and was not designed or constructed to Parks and Recreation ' Department's standards regarding visibility concerns and radius standards. The masonry wall also blocks visibility in areas of the trail, which could create unsafe conditions. He said that the final decision was made to move the trail along the west side of the proposed Street E to Andrews Pkwy. This is a 10' wide trail in October 18, 2016 ' an easement that the City would maintain. The developer has committed to the appropriate crosswalk indicators and signage to indicate a safe passage through the subdivision. He said that the Parks and Recreation Department sees this as an essential connection to the already grown municipal trail system. Commissioner Ogrizovich asked about the private trail and asked who built the trail. Mr. Bristow said the trail was built with the Village at Allen development. He said he is unsure about who owns and maintains the trail. Mr. Bristow said that there has been discussion with the developer regarding the trail along the pond. He said the Parks and Recreation Department has agreed to maintain the trail along the pond if the developer adds access easements on the trail. Commissioner Ogrizovich asked who designed the original trail. Chairman Cocking said the Herring Group designed the original trail. Commissioner Ogrizovich asked if the homes to the east of the trail were already built. Chairman Cocking said yes. Chairman Cocking voiced concerns regarding placing a residential property next to Top Golf Chairman Cocking asked about the concerns regarding golf balls. Shane Jordan, Applicant, said that he has not noticed golf balls on St. Andrews Park property. Mr. Jordan said that he would work with Top Golf to increase the size of the net to help resolve this issue. ' Chairman Cocking asked about the concems regarding noise and sound. Mr. Jordan said that he met adjacent residents who provided Mr. Jordan with varying comments. Some of the residents told Mr. Jordan that Top Golf has been a great neighbor. He said that Top Golf has tried to work with the residents to resolve any complaints. Commissioner On asked about the price range and the size of the proposed units. Mr. Jordan said that the largest house would range from 3,000-3,200 sq. ft. The average lot price is $121,000 with homes ranging from the upper $300,000 to $400,000 range. 1" Vice -Chair Trahan said that one of the concerns brought up was regarding the residents changing out the transom windows. Mr. Jordan said that the transom windows will be part of the Development Regulations and also an HOA requirement. la Vice -Chair Traum asked if Code Enforcement would be responsible to ensure the transom windows remain intact. Mr. Lee Battle, Assistant Director of Community Development, said that Code Enforcement would not issue a Building Permit if the requirements were not met. 1" Vice -Chair Trahan confirmed that if residents in the adjacent property see residents changing out the ' transom windows, then the residents could call Code Enforcement and the HOA. Chairman Cocking said yes. October 18, 2016 ' 1" Vice -Chair Trahan asked Julie Dosher, City Attorney, if she had seen a situation in which golf balls or other projectiles had gone over the boundary and into a resident's yard, and if the residents are able to compel the property to raise the netting. He said that he thought it was great that the developer is working with Top Golf to take proactive steps to ensure this does not occur. Ms. Dosher, City Attorney, said that the owner of the property is responsible to take the issue under consideration. 1" Vice -Chair Trahan said that Top Golf does not have to do anything about it. Ms. Dosher said yes. I" Vice -Chair Trahan said that the two properties are working together before the golf balls become a problem. Mr. Battle said that the PD for Top Golf establishes a maximum height for the net. To request a greater height in the net would require a zoning amendment. Mr. Jordan said that he was told by Top Golf that the golf balls have a tracking chip. Top Golf knows who had the golf balls at a certain time. If individuals continue to hit golf balls that go outside of the property, Top Golf will request the individuals to not return to Top Golf He said that if the golf balls are hitting and rolling down the hill a masonry wall separating the properties. ' Chairman Cocking said another question was asked regarding the number of houses in the adjacent subdivisions. He said that Spring Meadow is zoned Single -Family Residential R-5 which allows for 5 houses per acre and St. Andrews Park is zoned Single -Family Residential R-7 which allows for 7 houses per acre. Commissioner Mangrum said that she cannot support this project because of the golf balls going over the netting. She voiced concern regarding children playing outside on the weekend who may be injured by golf balls, especially the houses on Block A which are very close to the Top Golf netting. She also voiced concerns regarding property damage occurring from the golf balls. 1" Vice -Chair Trahan asked about trail access south to the south of this development. Mr. Bristow said that the plan is to extend the trail to the south to connect with the existing trail. Commissioner Ort asked about the possibility to remove the masonry wall to the east (west of the Spring Meadow Subdivision) and replace the wall with a different type of fencing. Ms. Mohan said the main concern was the curvature of the trail on the eastern side. Mr. Bristow added that the minimum horizontal aligned radius was the concern. Mr. Bristow said that a wrought iron fence could be put in place to prevent the tunnel type effect that the masonry wall has created; however, this area is not well lit. Chairman Cocking said that the ALDC does not require fencing between two residential properties; ' however, this fencing was put in place because the St. Andrews Park development was initially planned as an office use. Chairman Cocking said that the residents in the Spring Meadow Subdivision would like the current masonry wall to stay in place. October 18, 2016 ' 2nd Vice -Chair Platt voiced concerns regarding the St. Andrews Park proximity to Top Golf He said he was concerned about the noise complaints and safety. He said that he was not comfortable with the location of the St. Andrews Park project. 1" Vice -Chair Trahan asked if the residents on Block A of St. Andrews Park could put up a net to help prevent the golf balls from entering the property. Chairman Cocking said that because of the way that the golf balls may be flying over the netting, the lots further away may be impacted by golf balls. 1" Vice -Chair Trahan asked if the residents on the southwest side had any noise complaints. Chairman Cocking asked Mr. Battle regarding the history of noise complaints. Mr. Battle said when Top Golf opened, there were some noise complaints, potentially due to the setup of speakers; however, the City has not received any recent noise complaints. Chairman Cocking said that the Noise Ordinance states that the volume surrounding the property line must be kept at a whisper. Commissioner Mangmm said that the noise and golf balls from Top Golf will all be channeled in the direction towards St. Andrews Park. ' I" Vice -Chair Trahan asked if the applicant could discuss the actions to be taken to resolve the issue. He asked if the Commission could move forward, but provide stipulations to the applicant such as increasing the netting. Ms. Dosher said that the Commission cannot place stipulations on the Top Golf properly. Chairman Cocking asked if the golf balls flying over the netting and potentially injuring residents and damaging property was the main concern of the Commission. Commissioner Mangrum said the golf balls injuring residents and damaging property was her main concern. I" Vice -Chair Trahan asked if the developer could put up a net to provide something in addition to the wall. Chairman Cocking said that a net behind Top Golf's net may not be sufficient. 1" V ice -Chair Trahan said that any development occurring on this property will likely struggle with being impacted by golf balls and noise from Top Golf. Chairman Cocking said that Commissioner Mangrum's concerns are more focused about the children being impacted by golf balls. He said that it is the City's duty to safeguard the residents and prevent these potential hazards. Commissioner Ogrizovich said that he felt like Top Golfs net was already too high and should not be raised more. He said that if golf balls are flying over the net then it is a safety concern. ' Chairman Cocking recommended that the Commission require the developer to research the golf balls that are outside of Top Golfs property. He said that the golf balls may be hitting the net and hitting the top of October 18, 2016 ' the berm and rolling down or the golf balls are flying over the net. He said that either more facts and data could assist in coming to a resolution. 1" Vice -Chair Trahan said that he would be in favor of tabling the project until more questions are answered. Commissioner Mangrum said her concern is regarding the amount of golf balls that are flying over the netting and how far the golf balls are flying over. Commissioner Mangrum said that she would be open to tabling the project until more information is gathered regarding golf balls. She asked if Mr. Jordan was willing to work with Top Golf to get more information on if the golf balls are going over the net or rolling under. Mr. Jordan said that he was unsure how the tracking chip worked on the golf balls and if he would he able to determine if the golf balls flew over or rolled under the net. Commissioner Hollingsworth said that the best way to determine if the golf balls flew over the net or rolled under would be to stand outside of Top Golf's property and watch the golf balls. Mr. Battle said that the project is scheduled to go to City Council on November 8". He said the project could go back to P&Z on the November I" meeting. 1" Vice -Chair Trahan said he would be interested in knowing if there have been any noise complaints from the area. ' Chairman Cocking asked staff to conduct research on the noise complaints. Motion: Upon a motion by Commissioner Mangrum, and a second by Commissioner Ogrizovich, the Commission voted 7 IN FAVOR, and 0 OPPOSED to table the request to amend the Planned Development and change the base zoning from Shopping Center SC to Single -Family Residential R-7, and adopt a Concept Plan, Building Elevations, and Development Regulations, relating to a 19.4817+/- acre tract of land located in the Henry Weisel Survey, Abstract No. 1026, and a portion of Lot 2A, Block B, The Village at Allen; generally located southeast of Andrews Parkway to the November 1" Planning and Zoning Commission Meeting. The motion carried. 10. Public Hearing — Conduct a Public Hearing and consider a request to amend the development regulations for Planned Development No. 54, and adopt a Concept Plan, Landscape Plan, and Building Elevations for Lot 2, Block A, Wal-Mart Supercenter; generally located south of Curtis Lane and west of US Highway 75 (and commonly known as 1553 N. Central Expressway). (Z-8/1/16-64) [Tru by Hilton Hotels] Ms. Mohan, Senior Planner, presented the item to the Commission. She stated that the item is a Planned Development Amendment for PD No. 54. Ms. Mohan said that the property is generally located south of Curtis Lane and west of US Highway 75 (and commonly known as 1553 N. Central Expressway). The ' property to the north is zoned Corridor Commercial CC. The properties to the west and south are zoned Planned Development PD No. 54 Corridor Commercial CC. To the east (across US Highway 75), the property is zoned Community Facilities CF. October 18, 2016 ' Ms. Mohan said that the applicant is proposing to develop the 2.387f acre tract for a limited service hotel. The property (Lot 2, Block A) is zoned Planned Development PD No. 54 Corridor Commercial CC. The applicant is proposing to amend the Development Regulations, and adopt a Concept Plan, Landscape Plan, and Building Elevations for the property. Ms. Mohan said that the Concept Plan shows a four story limited service hotel with a building area of approximately 43,768 square Feet. A total of 95 guest rooms are proposed. There are a total of two access points into the development; both through the Firelane Lane/Public Access Easement on the south. Ms. Mohan said that staff received a letter of opposition regarding the cross access point to the north. She said that this access point is provided because the cross access point encourages cross connection to the property to the north. She said that there are currently no plans for the property to the north. She said that this access point to the north is not a requirement. Ms. Mohan said that the number of parking spaces, as well as the provided landscaping, exceeds the requirements of the Allen Land Development Code (ALDC). The site design also complies with all requirements of Section 6.06.3 "Hotels" of the ALDC. She said that Section 6.06.3 includes regulations such as exterior building materials, meeting rooms, and the size of swimming pools. Ms. Mohan said that the building elevations show a four story hotel with a maximum height of approximately 50 feet. The exterior building materials include stucco, brick, and stone, and are 100% masonry. The development regulations include specific regulations relating to the Landscape Plan and the ' driveway on US 75. The primary reason for this zoning request is to permit required street trees to be located in alternative locations on the property due to conflict with utilities and easements along US Highway 75. Additionally, the existing driveway on US Highway 75 is to be removed by the developer. Chairman Cocking opened the Public Hearing. Maxwell Fischer, 900 Jackson St., Dallas, Texas, Applicant, spoke in favor of the request. He discussed the Tru by Hilton Hotel and discussed the hotel features, amenities, and the building elevations. He also described the landscape plan and the easements. Sharon Mayer, 6309 Chelsea Way, Garland, Texas, spoke in favor of the request. She is a member of the City of Allen Chamber of Commerce. She requested that the Commission support the request. Fred Phillips, 5055 Spring Valley #450, Addison, Texas, spoke in opposition of the request. He voiced concerns regarding the 24 ft. access easement and was concerned about ingress and egress vehicle traffic from the hotel into the property to the north. Chairman Cocking closed the Public Hearing. The following residents submitted citizen responses: - John Baker, 1507 Bethlehem Rd., Allen, Texas — Opposed - Bobby Patel, 1553 N. Central Expy., Allen, Texas — Support ' P' Vice -Chair Trahan asked for clarification regarding the connection to Curtis Ln. and asked if the connection is mandatory. October 18, 2016 Ms. Mohan said that the connection is not mandatory, but the cross access point provides an option to ' connect the two properties in the future. Commissioner Ogrizovich asked if this would be the first Tru by Hilton hotel in the area. Mr. Fischer said yes. Motion: Upon a motion by Commissioner Hollingsworth, and a second by Commissioner Mangrum, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve a request to amend the development regulations for Planned Development No. 54, and adopt a Concept Plan, Landscape Plan, and Building Elevations for Lot 2, Block A, Wal-Mart Supercenter; generally located south of Curtis Lane and west of US Highway 75 (and commonly known as 1553 N. Central Expressway). (Z -8/l/16-64) Tru by Hilton Hotels 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 City Attorney on any agenda item listed herein. Adjournment The meeting adjourned at 9:07 p.m. ' These s roved this Z'(" day of 016. n 1�A tTAP-" g, Chairman eredRM1 ith Norge, Planner October 18, 2016 ' . Director's Report from 10/11/2016 City Council Meeting There were no items taken to the October 11, 2016, City Council Meeting.