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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1991 - 04/11 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 11, 1991 ATTENDANCE: Commission Members Present: Eileen Karlsruher, Chairman Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary Douglas Gallagher John Garcia Commission Members Absent, Melissa Owen City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary Sandy Reddick, Secretary CALL TO ORDER: The Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Chairman Karlsruher at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes March 28, 1991 (Agenda Item II) Chairman Karlsruher read the agenda item into the record as follows: "Approve minutes of March 28, 1991, Regular Meeting." MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Biggs, the Commission voted 5 FOR and 0 OPPOSED to approve the minutes as presented. ALLEN PLANNING & ZONING COMMISSION APRIL 11, 1991 PAGE 2 Public Hearing Southwind Properties (Agenda Item III) Chairman Karlsruher read the agenda item into the record as follows: "Public Hearing - Consider request to amend Planned Development No. 13 with site plan approval for a food store and retail site to be located at the southeast corner of Bethany Drive and Jupiter Road by Southwind Proper- ties. The property is located in the R. C. Ingraham Survey, Abstract NO. 462, City of Allen, Collin County, Texas; further described as being located at the southeast corner of Bethany Drive and Jupiter Road." Mr. By Applebaum, Architect for the project, presented the request to the Commission. He stated that the proponent desires to develop a Food Lion store with an adjacent small retail center. He explained that the Food Lion chain now has 40 stores under construction in the Metroplex. Mr. Petty stated that the subject property is a part of Planned Development No. 13, and the zoning has been in existence since 1983. This particular corner was set aside for shopping center uses. The property to the north was set aside for office uses. One of the allowable uses for this tract is a food store, and the proposal before the Commission is a site plan. Tract 3 is shown on the site plan as an out parcel. Access to Tract 1 at the corner has been provided from Jupiter and Bethany. It is possible that no other curb cuts could be allowed on that tract. The tract to the east is not included in this site plan. The plan includes a proposed median cut in Bethany. The proponent will be required to add a left - turn lane in the westbound portion of Bethany. This will be addressed through the engineering process at the time of platting. The building is approximately 30,000 square feet. Any development occurring in the tract located in the southwest corner of the tract would require an additional site plan approval. There is a residential alley to the south, and separation by screening from this tract is required. In addition to screening, a traffic barrier will be required. The proponent, at the recommendation of staff, is proposing a concrete fence in this area. Specific numbers on actual square footage of landscaped areas are not available at this time; however, the submission includes at least a portion of the southwest corner grass area to meet the requirements. The site plan includes a public access easement to the property to the east. Lot 1 is the only tract included in this site plan; however, the plat will include Lots 1, 2, and 3. Any further development, however, will require a new site plan. L ALLEN PLANNING & ZONING COMMISSION APRIL 11, 1991 PAGE 3 Public Hearing Southwind Properties (Cont. (Agenda Item 111) Chairman Karlsruher opened the public hearing. The following persons spoke at the public hearing: Mr. Tom Dingman 621 Eastridge Mr. Dingman expressed concern over the height of the concrete fence. He requested a higher fence. He questioned the location of this fence and was told it would be located on the proponent's property, at least 2 feet from the alley pavement. He asked is this is a 24-hour store and Mr. Applebaum stated that it is not. Ms. Darlene Limerick 601 Ashby Place Ms. Limerick expressed concern about children crossing the street to the school. She expressed concern regarding delivery trucks arriving late at night. Mr. John Robinson 812 Fairlawn Mr. Robinson stated he had been assured 3 years ago that this would be a commercial development similar to Bethany Corner. He objects to the lights, traffic, and proximity to the school. He requested the screening wall be con- structed to a height of least 10 feet. Ms. Linda Lennog 607 Eastridge Ms. Lennog stated that she is concerned about the appearance of Allen and requested special attention be given to the site plan. Mr. John Beard, Jr. 605 Hightrail Mr. Beard spoke against the request. Ms. Diane Mangone 814 Fairlawn Ms. Mangone requested information regarding zoning procedures and the method available for changing the zoning on this piece of property. Mr. Keener advised that the Commission, the Council, or the property owner can initiate a zoning change. ALLEN PLANNING & ZONING COMMISSION APRIL 11, 1991 PAGE 4 Public Hearing Southwind Properties (Cont.) (Agenda Item III) Ms. Mangone expressed concern about the hours of operation, the unoccupied retail space in Allen, and traffic congestion. Mr. Mangone questioned whether a traffic signal will be installed at Bethany and Jupiter? Mr. Petty discussed the need for this, and explained that signalization will be available when the City has funds available. Ms. Mangone expressed concern about the sale of candy, soda, and cigarettes, and about the problem of loitering. She is also concerned about the concrete wall and requested that it be very tall. She stated she was opposed to the request and requested that the Commission initiate a rezoning on the property. Mr. Ken Mangone 814 Fairlawn Mr. Mangone stated that he is concerned about having additional grocery stores in town. He requested that the zoning be changed. If the site plan is approved, he requested that a screening wall be constructed around the entire property, including the eastern boundary. He expressed concern regarding traffic control, and further requested information as to how the zoning can be changed. Mr. Petty explained the laws regarding "backzoning" property in cases where the property has been held for the purpose of future development. Mr. Mike Lennig 607 Eastridge Mr. Lennig expressed a concern about the wall. He asked if it would connect to the wall along Jupiter. There was considerable discussion about this issue and Mr. Petty stated that the building plans will be reviewed and this will be consid- ered. He further discussed the requirements for a safe site distance to the opening onto Jupiter. Mr. Keener suggested further possibilities of additional plantings in this area which would integrate with the fence. City staff stated this will receive serious consideration during the permit review. Mr. Jack Wells 816 Fairlawn Mr. Wells discussed his concern regarding the loading docks and trash dumpsters. Commissioner Garcia asked Mr. Applebaum if the developer would consider additional landscaping along the east boundary of the development? Mr. Apple- baum stated that yes they would. ALLEN PLANNING & ZONING COMMISSION APRIL 11, 1991 PAGE 5 Public Hearing Southwind Properties (Cont.) Wendy Gant 743 Fairlawn (A¢enda Item III) Ms. Gant stated that city staff had advised her this area would be developed as a strip mall. She is concerned about the children, and is opposed to a 6 -lane Bethany. Eric Peterson 601 Hightrail Mr. Peterson requested that the screening wall be built adjacent to the existing north/south wall along Jupiter, or at least thorn bushes he used in this area. He discussed the existing crosswalk and questioned whether it would remain. He requested additional landscaping wherever possible. Ken Mangone Mr. Mangone questioned the hours of operation and whether there are any ordi- nances that restrict 24-hour businesses in a residential area. He was advised that commercial businesses are not allowed in residentially zoned districts, and this property is located on commercial property. Diane Mangone Ms. Mangone questioned the method the State uses to determine the need for traffic lights. Mr. Petty explained the process of State traffic studies. He further explained that Jupiter and Bethany are not State highways. He added that the City Council is discussing this issue at this time, and explained the process of bond elections. Darlene Limerick 601 Ashby Place Ms. Limerick requested information on contacting the School Board. With no one else wishing to speak for or again the request, Chairman Karlsraher closed the public hearing. Commissioner Garcia asked Mr. Applebaum about screening around the dumpster. Mr. Applebaum explained that there are two dumpsters and no screening is being shown on the site plan. Commissioner Garcia advised that dumpster screening is required by the Zoning Ordinance. Commissioner Garcia also asked about drainage, and Mr. Petty stated this issue will be addressed at the time of plat- ting. He asked for a description of the screening wall, and Mr. Applebaum advised that it is a solid slat fence, 8 feet tall. The owner will be responsible for ALLEN PLANNING & ZONING COMMISSION APRIL 11, 1991 PAGE 6 Public Hearing Southwind Properties (Cont.) (Agenda Item III) maintenance, and the construction will have to meet the criteria of the building codes. Commissioner Garcia questioned the percent of landscaping showing on the site plan. Mr. Applebaum stated that the site plan shows about 1/3 of the property to be landscape, which includes the grass area in the southwest corner. Without using this area, he stated the plan would still meet the 5% requirement. Commissioner Garcia questioned the accuracy of the numbers shown on the site plan. Mr. Petty stated that staff will contact the engineering firm and obtain correct numbers. Commissioner Gallagher asked if the Commission can require a particular type of landscaping, and Mr. Petty stated that 5% of the parking lot area can be required to be landscaped. Of this 5%, 50% must be around the perimeter. Commissioner Gallagher stated that additional landscaping would be appropriate on the south- east corner of the property. Mr. Applebaum agreed to enlarge the plants in this area. Commissioner Gallagher asked whether the curb cut showing on Bethany will be the last cut to the east in this development. Mr. Petty reiterated that a public access easement is being provided for this purpose. Commissioner Fulk asked if all landscaping, including the sodded area, is irrigated? Mr. Applebaum stated that yes, it will be. It is not shown as such on the site plan, but proponent will agree to this. Commissioner Garcia made the following comments: 1. The use is not being considered at this time, only the site plan; 2. The requested barrier to east is not required by ordinance; 3. Traffic issues are not involved with the site plan; 4. Market conditions are not something Commission can consider; S. The Commission cannot legally "downzone" the property. 6. The statistics shown on the site plan must be corrected; 7. All landscaping will be irrigated; 8. Increasing the height of the living screen around the loading area is appropriate; Public Hearing ALLEN PLANNING & ZONING COMMISSION APRIL 11, 1991 PAGE 7 Southwind Properties (Cont.) (A¢enda Item I1I) 9. The correct landscaping percentages must be shown on the site plan; 10. Dumpsters must be screened; 11. Lot 1, Block A, and Lot 3, Block A are not a part of the site plan; however, access is provided to those properties. 12. It is not known whether additional curb cuts will be provided, but it does not appear that there will be any needed. Commissioner Biggs questioned whether the fire marshal had approved the design of the fire lane, and Mr. Keener advised that the fire marshal had approved the site plan. Commissioner Gallagher expressed concern about traffic control. Commissioner Folk stated he is also concerned with traffic signalization and the school children in the area. He stated that the newer schools are being located in areas interior to residential districts. He added that this particular site is bounded by school zones. Chairman Karlsraher expressed appreciation to the citizens for their input. Mr. Applebaum discussed the plans for lighting in the development. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Gallagher, the Commission voted 5 FOR and 0 OPPOSED to approve the request with the following amendments: 1) all landscaping will be irrigated; 2) the living screen at the southeast corner of the devel- opment will be raised to 6-8 feet; 3) correct landscaping numbers will be provided on the site plan, and all percentage requirements will be met; 4) dumpsters will be screened. FINDINGS: 1. Signalization for the intersection should be considered as soon as possible. 2. The use is not being considered at this time, only the site plan; 3. The requested barrier to east is not required by ordinance; 4. Traffic issues are not involved with the site plan; 5. Market conditions are not issues the Commission can consider during site planning; 6. The Commission cannot consider "downzoning" the property at this time. 7. The landscaping statistics shown on the site plan must be corrected; ALLEN PLANNING & ZONING COMMISSION APRIL 11, 1991 PAGE 8 Public Hearing Southwind Properties (Cont.) (Agenda Item III) 8. All landscaping will be irrigated; 9. Increasing the height of the living screen around the loading area is appropriate; 10. The correct landscaping percentages must be shown on the site plan; 11. Dumpsters must be screened; 12. Lot 1, Block A, and Lot 3, Block A are not a part of the site plan; however, access is provided to those properties. 13. It is not known whether additional curb cuts will be provided, but it does not appear that there will be any needed. Final Plat Allen Heights Baptist Church (Agenda Item IV) Chairman Karlsruher read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Allen Heights Baptist Church located in the Peter Fisher Survey, Abstract No. 324, recorded in Volume C, Page 279 of the Collin County Deed Records; further described as being located at 1209 E. Main." Mr. Petty advised that the replat is being represented in order to reposition the fire lanes for the purpose of constructing a new building. The plat is in confor- mance with all city requirements. Staff recommends approval. MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Fulls, the Commission voted 5 FOR and 0 OPPOSED to approve the final plat for Allen Heights Baptist Church. Other Business Mr. Keener advised that on May 3 the Council of Governments will be holding a workshop on subdivision platting and invited the Commissioners to attend. Mr. Keener advised that the Afco request (Mobile) at F.M. 2170 and S.H. 5 will be on their next agenda. ALLEN PLANNING & ZONING COMMISSION APRIL 11, 1991 PAGE 9 Adjourn MOTION: Upon a motion by Commissioner Garcia and a second by Commissioner Gallagher, the Commission voted 5 FOR and 0 OPPOSED to adjourn the April11, 1991 meeting at 9:30 p.m. Eileen Karlsruher, Chairman Kenn Fulk, ecretary