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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1987 - 05/28 - RegularPLANNING & ZONING COMMISSION REGULAR MEETING ® MAY 28, 1987 ATTENDANCE: Commissioners Present: Ken Browning, Chairman Wayne Armand, Vice -Chairman Eileen Karlsruher, Secretary Carolyn Latimer Charles Lee Commissioners Absent: Dan Contreras John Garcia City Staff Present: Bill Petty, Director of Community Development Sally Leeper, Secretary Tom Keener, Development Coordinator CALL TO ORDER: The Allen Planning & Zoning Commission was called to order by Chairman Browning at 7:31 p.m. at the City Council Chambers, Allen Municipal Annex, One Butler Circle, Allen, Texas. Approve Minutes April 9, 1987 (Agenda Item II) Chairman Browning read the agenda item into the record as follows: "Approve minutes of April 9, 1987, Regular meeting." MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Latimer, the Commission voted 5 FOR and 0 OPPOSED to approve the minutes of April 9, 1987, as submitted. The motion carried. Public Hearing Jackie M. Radke (Agenda Item III) Chairman Browning read the agenda item into the record as follows: "Public Hearing - Consider a request by Jackie M. Radke, Wallace Kemp, Four -T Partnership, Triple -T Partnership, and Jupiter/Allen Joint Venture to change the zoning on 33.60 acres form "R-2" Residential to "PD" Planned Development to include Community Facilities, Garden Office with limited retail, and Multi -family uses. PLANNING 6 ZONING COMMISSION MAY 28, 1987 PAGE TWO ® Public Hearing Jackie M. Radke (Cont.) (Agenda Item III) "The property is located in the following surveys and abstracts: Situated in the State of Texas, County of Collin, being a part of the William Perrin Survey, Abstract No. 708 and a part of the George W. Ford Survey, Abstract No. 328, being a portion of the 241.5 acre parcel described and conveyed by deed recorded in Volume 321, Page 165, of the Collin County Deed Records; Situated in the State of Texas, and County of Collin, being a part of the William Perrin Survey, Abstract No. 708; further described as being east of State Highway 5, west of Jupiter Road, and north of the Oak Hill Addition." Mr, J. T. Dunkin, Dallas, Texas, presented the proposal to the Commission. He stated that this site is shown on the land use plan as residential. The location is just north of a residential subdivision. He discussed the surrounding zoning. Mr. Dunkin stated that the owners feel the garden office tracts would be compatible to the Light Industrial zoning to the west. The Multi -family district would be in accordance with the Multi- family district in the Zoning Ordinance. They are asking for a 50 -foot front yard set back in Tract 4, Garden Office. They have also indicated a 10 -foot landscape strip in the front yard area on Tract 4. Similar standards are proposed for Tract 3. Additionally, they are asking for limited retail uses in Tract 3. The offices proposed would be for professional, administrative type tenants. The request is for a maximum height of two stories. They are showing a collector street as an extension of Prestige Circle. The Community Facilities tract is in accordance with the Zoning Ordinance. Chairman Browning opened the public hearing. Julie Hill, 547 White Oak, discussed the change from existing R-2 to a planned development. She questioned what would happen to the two easements north of White Oak, and whether they would be included in the planned development. She expressed numerous concerns regarding the Community Facilities and Multi -family districts, and the use of the north PLANNING & ZONING COM14ISSION MAY 28, 1987 PAGE THREE Public Hearing Jackie M. Radke (Cont.) (Agenda Item III) alley of White Oak within the planned development. She requested a brick screen with steel reinforcements. Tom Keener stated the 30 -foot easement (15 -foot TP&L and 15 -foot owned by a private individual) is not a part of this request. City ordinances will not allow ingress or egress into the planned development from a residential alley. He further advised that any site plan in a planned development requires a public hearing. Mr. Dunkin discussed the uses allowed in a Community Facilities district. Commissioner Armand stated that the open space in the Community Facilities district would not be used to fulfill open space requirements in the Multi -family district. Chairman Browning advised that the R-2 zoning on this property was a standard holding pattern for property when this property was annexed into the city. Dan Fusco, 500 White Oak, stated this should remain a residential neighborhood. David Lance, 533 White Oak, discussed the traffic problems in the area. Tom Keener stated the through street through the proposed development would be a 60 -foot collector street. Gary Yost, Barton-Aschman Associates, traffic consultant, stated the traffic access will be from a 60 -foot collector street which should absorb some of the east/west traffic between Jupiter and Greenville out of the residential neighborhood. The level of service will be held at a level C. Ken Taylor, 532 White Oak, discussed the police problems with multi -family in the city. Tom Keener stated this request is for 18 units per acre, which is similar to the Wildwood Village Apartment complex at Jupiter and Chaparral. Bill Daily, 503 White Oak, stated he was under the impression when he purchased his property that the 1 property to the north would remain residential zoning. Laura Tibodeau, 5451 Independence Parkway, discussed the availability of the major thoroughfares on each side of this property and how they lend the property to the type of development being proposed. 0 PLANNING & ZONING COMMISSION MAY 28, 1987 PAGE FOUR Public Hearing Jackie M. Radke (Cont.) (Agenda Item III) Jean Brown, 509 White Oak, discussed the fact that residential in this neighborhood does not face Hwy. 5. She stated she had not received a public hearing letter. She had purchased the property in September, 1986. Staff later responded by advising Mrs. Brown that a letter had been sent to the previous owner at 509 White Oak according to the tax office records researched at this time. Steve Carroll, 530 White Oak, stated his concerns were with the 50 -foot front yard variance being requested, and other considerations being requested by the proponent. Roxanne Seipp, 525 White Oak, stated she is opposed to this proposal. She mentioned the possible problem of dumpsters being in view from her back yard. James Hilton, 521 White Oak, discussed the fact that he was opposed to the previous proposal on the property. Chairman Browning closed the public hearing. Mr. Dunkin responded to questions raised during the public hearing. The previous request was for multi -family, office and retail. He discussed the fact that two thoroughfares adjacent to the property, and one nearby to the south (Bethany) lend themselves to this type of planned development. He stated that this property does not lend itself to single family, or it would have been developed by now, because there is more land available that does not have this thoroughfare situation. He feels the proposal represents the best use of the property. Mr. Dunkin stated the proponent is aware of the ownership of the two easements to the south of this property. He stated they would be willing to work with the homeowners as to the type of screening to be used and other issues that have been mentioned tonight. Chairman Browning stated he did not feel the development would necessarily detract from the property values in Oak Hill. Commissioner Armand discussed the subject of tax revenue on this property. He stated he has many questions and would suggest a workshop be held on this proposal. Chairman Browning suggested a group of neighbors work with Mr. Dunkin's group and bring some suggestions to a workshop session. I I I PLANNING & ZONING COMMISSION MAY 28, 1987 PAGE FIVE Public Hearing Jackie M. Radke (Cont.) (Agenda Item III) Commissioner Karlsruher stated she did not care for the plan. Her concern is with the property to the east and feels that this proposal is too much of a variance to the Comprehensive Plan. Commissioner Lee stated he was comfortable that this property will not develop as single family, but feels this proposal is too much of a variance to the Comprehensive Plan. He suggested the developer and the homeowners should cooperate with each other to work out some of the problems. Commissioner Latimer stated she agreed that this property will be a long time developing as single family, and suggests that the developer and homeowners meet together to discuss their differences. Chairman Browning stated that it is important for the property owners to work with the developers to give them an opportunity to voice their opinions and desires. Commissioner Armand mentioned the following concerns: 1. Garden Office should be one story. 2. Right-of-way dedication on Hwy. 5 and Jupiter should be included in the proposal. 3. Front yards should be 100 feet in Garden Office tracts. 9. Retail uses. Four homeowners volunteered to work with Mr. Dunkin on this proposal. Staff recommended the action be tabled until a specific date. MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Lee, the Commission voted 5 FOR and 0 OPPOSED to table the proposal until proponent is ready to appear before the Commission. The motion carried. Staff suggested that a specific date should be set so that the adjacent property owners will be aware of the date. MOTION: Upon a motion by Commissioner Armand and a second by Commissioner Lee, the Commission voted 5 FOR and 0 OPPOSED to rescind the previous motion. The motion carried. MOTION: Upon a motion by Commissioner Lee and a second by Commissioner Karlsruher, the Commission voted 5 FOR and 0 OPPOSED to table this agenda item until the first meeting in July, at which time it will be placed on the agenda. The motion carried. PLANNING & ZONING COMMISSION MAY 28, 1987 PAGE SIX Public Hearing Paragon Group (Agenda Item IV) Chairman Browning read the agenda item into the record as follows: "Public Hearing - Consider a request by Paragon Group to amend "PD" Planned Development No. 3 to amend Tract D to allow truck storage with site plan approval, on 3.7 acres in the William Perrin Survey, Abstract No. 708, further described as being located in the Allen Business Centre Addition to the City of Allen, north of Bethany Drive and west of S.H. 5." Mr. Bob Cutliff, Paragon Group, 7557 Rambler Road, Dallas, Texas, presented the request to the Commission. Proponent is requesting site plan approval on Tract D (southeast quadrant) for parking facilities. The facilities will be used by Texas Star Trucking Corporation for parking of trailers that are in a transient mode. The parking is not for permanent storage or a truck stop. Mr. Steve Hughes, Paragon Group, further described the improve- ments being requested. The paving will be 750 feet south of the residential development, and 500 feet north of Bethany Drive. There will be 12,900 square feet of paving which will meet City of Allen standards. Chairman Browning questioned the difference between the last request and this proposal. Mr. Petty stated the proposal was previously on Tract B, with a long drive to the rear of the lot. This configuration is different from the previous one. Chairman Browning questioned why the proposal has been moved to Tract D, and Mr. Cutliff stated it would be more directly adjacent to the user's lease space. Mr. Gengis Nazim, 8 Prestige Circle, Allen, discussed his company's decision to locate in Allen, the number of employees that live in Allen, and the maintenance of the trucks owned by the company. He stated that their trucks are maintained in Garland and no freight is stored in Allen. He stated that at this time the drivers are parking on Prestige Circle. He stated that he understood there was no ordinance against parking the equipment on the street. There is no movement of freight, no maintenance, and no fuel at the site. Chairman Browning asked if the provision of truck parking had been a condition of the lease. Mr. Nazim stated a condition of the lease was that Paragon provide them a certain number of parking spaces. The decision not to build the first time when this request was approved was that of Paragon Group. I R PLANNING & ZONING COMMISSION MAY 28, 1987 PAGE SEVEN Public Hearing Paragon Group (Agenda Item IV) Chairman Browning questioned staff as to an ordinance regarding parking the trucks on the street. Mr. Petty stated that the City Traffic Code does prevent parking of this type of equipment on city streets and alleys. Chairman Browning asked if this ordinance has ever been enforced? Mr. Nazim stated that it has not been enforced. Commissioner Latimer stated that the equipment has been an eyesore to drivers on Bethany Drive. Mr. Cutliff stated he had questioned whether there was an ordinance prohibiting the parking and he was told that it was OK as long as the street was wide enough. Mr. Hughes later called the City and was informed by Mr. Petty that there was a traffic code ordinance against this type of parking. Chairman Browning questioned the plans for screening this area. Mr. Hughes stated they are proposing a six to eight foot living screen. Mr. Keener stated that a screen is not a part of this proposal. Mr. Hughes stated that if one is required, they are proposing a six to eight foot living screen. Commissioner Lee questioned the number of tractor trailers the facility will handle. Mr. Nazim stated four, or possibly eight. The agreement is for four, but they would like to have eight. Mr. Nazim discussed the company's plans for growth. Mr. Petty stated the request only applies to Tract D, and shows four spaces only; and further expansion would require site plan approval. Chairman Browning opened the public hearing. Vern LaHart, President, DLM, stated he opposes this plan. He presented pictures taken at the location of this proposal. He emphasized the temporary nature of the parking area proposed. Mr. James Barringer, 715 Circle Cove, driver for Texas Star Express, discussed the need for a place to park the trucks. He stated that all equipment such as these in question are over the load limit for the City of Allen streets. Mrs. Evelyn Peabody, 309 Willow Creek Circle, stated that Allen streets are not made for trucks to turn on. She has noticed the trucks running over the curbs. P PLANNING & ZONING COMMISSION MAY 28, 1987 PAGE EIGHT Public Hearing Paragon Group (Cont.) (Agenda Item IV) Mr. Eric Nazim, 1223 NW 18th, Oklahoma City, Oklahoma, questioned the reason behind allowing a company to locate in the city, and then not allow them to park their equipment. He stated that the plan is temporary because the company is growing, but it is not a bad plan. This is a parking lot, and not a truck stop. Mr. Phillip Dennis, 206 Willow Creek Circle, discussed the original proposal. He stated the present proposal requests fewer parking spaces than the original request. He discussed the subject of City taxes, and the traffic requirements of Bethany Drive between Hwy. 75 and Jupiter, and further to the east. He stated that the spaces proposed for four trucks is insufficient as the company already has as many as 10 trucks parking on the street at any given time. fie stated his family has heard the trucks as late as 10:00 p.m. Mr. John Smith, 217 Willow Creek Circle, spoke against the request and mentioned the noise problem. Mr. Pete Peabody, 309 Willow Creek Circle, discussed the noise caused by the trucks. He added that he feels the truck storage will keep the rest of the property from developing. He questioned whether this change was truly needed or just a convenience to the owner. Jan Haga, 500 Willow Oak, stated that she was the wife of an employee at Texas Star Express, and spoke in favor of the request because they would like to continue to live in Allen. Chairman Browning closed the public hearing Chairman Browning stated that the previous request was for a proposed use, all information was speculative, and a decision was made at that time based on the information given to the Commission. He abstained from that decision because he felt at that time that he had a conflict of interest, but has been advised by the City Attorney that he does not have a legal conflict of interest. PLANNING & ZONING COMMISSION MAY 28, 1987 PAGE NINE Public Hearing Paragon Group (Cont.) (Agenda Item IV) Mr. Petty discussed the difference between a truck storage or truck parking lot as a principal use and as an accessory use. The proposal tonight is for a truck parking lot as a principal use. If this is incorporated into the existing site plan for Paragon's building, it would be as an accessory use and would be allowed by the Zoning Ordinance. He added that the proposal tonight is unclear as to the planned number of parking spaces. The certificate of occupancy that was issued for Texm Star Express is for office use only. He further advised the proponents of the need for good planning, and that the proposal needs to show the number of spaces they need. This proposal shows four spaces only, and if there is a change later, it will require an additional public hearing and a new site plan approval. Staff recommended that the Commission ascertain what is actually being proposed before any action is taken. Chairman Browning asked if there is an alternative to this proposal that would be better for the proponents. Mr. Petty stated he had discussed with Mr. Hughes of Paragon the possibility of a facility that would be an extension of the parking lot on Tract C with an amendment to that site plan, which would incorporate truck parking as an accessory use to the existing building. He further emphasized that the Light Industrial tract will have truck traffic, but the key is in the planning for this traffic. He recommended to the proponents a plan that would incorporate the parking lot into the existing facility as an amendment to the site plan. Mr. Cutliff apologized for the confusion in the number of parking spaces being requested. Paragon's intention was to extend Tract C to allow parking of the trucks, but the turning radius would not be sufficient. He requested to withdraw the proposal and attempt to come up with a better plan. He stated they will come back after they solve the problems mentioned this evening. Mr. Petty stated staff would be happy to work with the proponent. Commissioner Armand suggested that enough parking spaces be planned for and a proper screen be proposed from Bethany and Willow Creek Estates. There was a question raised as to the legality of parking on the street. A n PLANNING & ZONING COMMISSION MAY 28, 1987 PAGE TEN Public Hearing Paragon Group (Cont.) (Agenda Item IV) MOTION: Upon a motion by Commissioner Armand and seconded by Commissioner Lee, the Commission voted 5 FOR and 0 OPPOSED to allow the proponent to withdraw his request. The motion carried. Chairman Browning gave the following suggestions to the proponent: 1. Number of parking spaces should be shown on the plan. 2. Screening should be detailed. 3. The illegal street parking is a problem. Mr. Nazim was of the impression that this was legal parking as he understood Prestige Circle was not a public street. Mr. Cutliff repeated that he was not told that parking was illegal, but rather that it was OK so long as circulation was assured, and then later he was told that the parking is not permitted on the public streets. Chairman Browning read into the record a letter received from Billie Long and Mr. Marvin Shelley, and indicated another had been received from the First National Bank in opposition to the proposal. A letter from Mr. LaHart of DLM was also received. These letters are made apart of the file. Mr. Hughes questioned the screening that the Commission would request. Mr. LaHart stated the screening used at DLM is brick and the height of the trucks. It was discussed that a living screen would not help the noise problem. Other Business: (Agenda Item V) Mr. Keener advised the Commission that the Stacy Home Place request will appear on the next agenda. Adjourn: MOTION: Upon a motion by Commissioner Latimer and a second by Commissioner Armand, the Commission voted 5 FOR and 0 OPPOSED to adjourn the May 28, 1987, meeting of the Allen Planning & Zoning Commission at 10:50 p.m. The motion carried. PLANNING & ZONING COMMISSION MAY 28, 1987 DL These minutes approved this /I day of 1987. e B own' Chairman E I PAGE ELEVEN L6'�'IcavZ(�C� ileen Karlsruher, Secretary