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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1992 - 05/14 - RegularALLEN PLANNING & ZONING COMEESSION L REGULAR MEETING MAY 14, 1992 ATTENDANCE: Commission Members Present: John Garcia, Chairman Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary Douglas Gallagher Jeffery Kelley Commission Members Absent: Noel Crume City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commissioners present, the Allen Planning & Zoning Com- mission was called to order at 7:30 p.m. p.m. by Chairman Garcia at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes April 23, 1992 (Agenda Item II) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of April 23, 1992, Regular Meeting." MOTION: Upon a motion by Commissioner Folk and a second by Commissioner Biggs, the Commission voted 5 FOR and 0 OPPOSED to approve the minutes of April 23, 1992, as presented. A ALLEN PLANNING & ZONING COMMISSION MAY 14, 1992 PAGE 2 Public Hearing J. A. Gooch Chairman Garcia read the agenda item into the record as follows: (Agenda Item III) "Public Hearing - Consider a request by Mr. J. A. Gooch for a Specific Use Permit for an Auto Repair Garage with Site Plan Approval on Property Located in the Central Business District; further described as being 112 W. Main, in the Old Donation Addition to the City of Allen, Collin County, Texas." Mr. Ellredge Dunham presented the request to the Commission, and Mr. Tom Keener, Development Coordinator, explained that Mr. J. A. Gooch, owner of this property, recently removed the gasoline tanks which has caused this property to lose its nonconforming zoning status as a service station. In order for the current business of automotive repair to continue, it will require a Specific Use Permit. Staff is recommending that the landscaping indicated on the site plan be sodded grass that would be maintained properly. The fire marshal has advised that open flames or welding would require that the building be brought into conformance to the fire code. Parking spaces satisfy the zoning ordinance requirements. There are existing curb cuts to the property. Commissioner Fulk questioned whether the parking in front of the service bays can be used to satisfy the requirements, and Mr. Keener indicated that they can be used for that purpose. Chairman Garro opened the public hearing. Mr. John Reitinger, Fairview, Texas, owner of property across from the subject property, spoke regarding this request. He was in favor of the zoning request, but would like to add a requirement for screening of the property and require that cars not be parked in the landscaped area. He suggested leaving the north end open for parking, but screened, and that a living screen rather than a fence be used for screening. Mr. Don Rodenbaugh, 609 Bush Drive, with a business at 102 Main, stated he was in favor of encouraging the business. He stated that he feels the citizens of Allen would appreciate an attractive looking business. He suggested a living screen be installed to enhance the business and provide screening of the cars waiting to be repaired. With no one else wishing to speak for or against the request, Chairman Garcia closed the public hearing. Commissioner Kelley asked if there would be any painting, and Mr. Dunham, the proponent, stated that they do not perform any auto painting. He is planning to plant trees in the front and on the east side of the property. Mr. Keener ex- plained that the Commission has the option of placing a stipulation against overnight storage of vehicles. ALLEN PLANNING & ZONING COEMUSSION MAY 14, 1992 PAGES There was a question as to whether the building meets the fire codes, and Mr. Keener advised that it does for this use; however, if the use were to include any open flames, the codes are different. Commissioner Fulk suggested a stipulation that no parking be allowed overnight on the landscaped areas, but restricted to the paved areas. The consensus of the Commission was that the proposed use is compatible to the surrounding area. Chairman Garcia discussed the amount that was spent to build and beautify Main Street, and discussed the limitations that a car repair shop would have with regard to aesthetics. Mr. Keener stated that he would recommend a living screen of Red Tipped Photenia, which would be required to grow to a minimum of 8 feet in 4 growing seasons. If one dies, it would need to be replanted. Mr. Petty recommended the following restrictions 1. The Commission should differentiate between parking and storage. 2. If overnight storage is to he screened, the location for such should be designated on the site plan. 3. The Commission should recognize the living screen will take 4 growing seasons to reach 8 feet in height. 4. If screening is required along the front of the property (south side), then a safe site distance must he maintained at the intersection of the alley and Main Street. Mr. Petty stated that he would recommend the following: 1. All bays should be filled with automobiles each night; 2. An attempt should be made to not store automobiles overnight outside; however, if necessary, they should be stored in a designated area screened from view; 3. No outside repairs should be allowed; all repairs to be made inside; 4. No vehicle replacement parts would be allowed outside. Chairman Garcia suggested that the landscape plan might need to be addressed in more detail. Mr. Dunham stated he would probably need 3 to 4 outside storage spaces. These could be placed behind the building on the north side. He proposed the following: ALLEN PLANNING k ZONING COMMISSION MAY 14, 199E PAGE 4 Screening around the property line to a point that would allow site visibili- ty at the intersection of the alley and Main Street; Maximum overnight storage of 4 vehicles outside, to be contained in the area behind the building (north end); Screening will be along the north and east property lines, west to the building, and from the northwest corner south to the building; Commissioner Gallagher discussed the possibility to creating a financial hardship to the proponent by requiring the living screen along the alley. Mr. Dunham stated he would need to review this proposal with the owner of the property to determine if the cost would be prohibitive. Commissioner Gallagher suggested that screening the west side and Main Street. Chairman Garcia suggested screening the area where vehicles would be parked overnight. Commissioner Kelley suggested that the overnight storage area be designated and screened. He suggested that the northwest section of the property be designated for overnight storage with screening, as well as screening along Main Street. Mr. Petty suggested that the northwest corner be screened and allowed for overnight storage, with the remainder of the property designated as a grassed area. Chairman Garcia suggested that only the designated parking spaces be used; and only for the purpose of the primary business, not for storage of any other type of vehicle or materials. MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Fulk, the Commission voted 5 FOR and 0 OPPOSED to approve the request for Specific Use Permit for an automotive repair facility with the following restrictions: 1) overnight parking to be restrict- ed to the area specified on the north end of the building with no restriction as to number of such spaces; 2) overnight parking area must be screened and defined as being on the north end of the building; 3) the eastern side of the property should be maintained as a landscaped area with grass; 4) overnight storage area should be used only for the vehicles associated with the primary business of the facility; 5) no vehicle may be stored for a period longer than 30 days; 6) no outside storage is allowed for parts and materials; 7) no outside repairs involving the dismantling of parts will be allowed (only minor inspections); 8) no repairs involving welding or open flames is allowed; 9) cars are not allowed to remain outside with hoods up for longer than 4 hours. FINDINGS: 1. The use is allowable in the Central Business District and compatible with surrounding businesses. ALLEN PLANNING 3 ZONING COMMISSION MAY 14, 1992 PAGE 5 The property will be properly landscaped and screened. Based upon comments made in the public hearing and by the Commission, the screening is being required only for the storage area, which protects the integrity of the Central Business District and does not place an undue financial hardship on the proponent. 4. The owners of the adjacent properties support this amended proposal. Public Hearing Crown Oaks/Legacy Homes (Agenda Item IV) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider a request by Tipton Engineering, representing Crown Oaks, Inc. to amend Planned Development No. 22 (PD No. 22) by changing the allowable use from Twin-Plex to Single Family Detached, and increasing the lot sizes on Tract II and Tract IV. The property is situated in the R. C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas, and being part of that tract of land owned by Resolution Trust Corporation and further being part of that tract of land described in the Substitute Trustee's Deed recorded in Volume 2721, Page 405, of the Land Records of Collin County, Texas; further described as being south of Bethany Drive and west of Allen Heights Drive." Mr. Pat Atkins presented the request to the Commission. Mr. Petty discussed the request and stated that it represents Tract II and Tract IV of the existing Planned Development No. 22. The current zoning on these two tracts is for twin-plex (similar to duplex, except each house is platted on its own lot of record). The request would change the zoning to single family instead of the duplex type product. It will increase the lot width from 35 feet to 50 feet. Mr. Petty discussed the road alignments. He stated that construction of Tract II will allow the construction of Whitman Drive, a collector, to remove traffic from the residential street Livingston. The proposal includes the realignment of Whitman Drive, which brings it to Bethany a safer distance west of the bridge. The proposal presented on Tract II is presented as a site plan; however, the request on Tract IV is for a concept plan only, in order to allow staff the oppor- tunity to resolve the street alignment of Heritage Parkway. Mr. Pat Atkins, Tipton Engineering consultant for Crown Oaks and Legacy Homes, stated that the area will provide the link from Heritage Parkway north of Bethany to the south. The Commission discussed the alignment of the southernmost alley on Tract IV as it is shown to connect to Heritage Parkway and requested that it be realigned. Mr. Atkins agreed to this request. ALLEN PLANNING 6 ZONING COMMISSION MAY 14, 1992 PAGE 9 opened the public hearing Mr. Joe Abernathy, 741 Livingston Drive, questioned the type of product that will be built on Tract II and spoke in favor of the request. Mr. Steve Allen, 761 Heritage Parkway, spoke in favor of Tract II, but ques- tioned the lot sizes on Tract IV. He added that he would prefer to see larger lots on this property, but would not oppose the request. Mr. Atkins advised that the request is to increase the lot sizes on both of the tracts from 3500 to 5000 square feet and to increase the house size minimums from 1100 to 1200 square feet. With no one else wishing to speak for or against the request, Chairman Garcia closed the public bearing. Chairman Garcia questioned alley design on Tract II; the alleys exiting to Whitman appeared to be acceptable bemuse of Whitman's being a single -loaded street. Mr. Petty stated that alleys would connect to residential normally; however, there are certain circumstances that allow for exceptions to this rule. Chairman Garcia is concerned with the length of the eastern alley. It was discussed that the Subdivision regulations require traffic barriers adjacent to alleys which back to a public street. Commissioner Gallagher discussed the issue of downzoning, and the removal of a product that might be needed in the future development of the city. Commissioner Biggs agreed, and stated that the city needs a balance of housing types in the city. Mr. Atkins discussed the fact that the proposed type of housing provides for a different segment of the community than the remainder of the Heritage Park development. Commissioner Fulk questioned the fact that the use and area regulations indicate lot depths of 90 feet. He requested the wording be changed to indicate 100 feet. Commissioner Kelly stated that he feels the change would be in keeping with the area, and would benefit the roadway system and the completion of the linear park system. Commissioner Gallagher also questioned whether 1200 square foot minimum house sizes is appropriate. Commissioner Fulk discussed the fact that the collector street in Tract II will be a busy street, and suggested that a twin-plex development would not necessarily accommodate the lower income population. ALLEN PLANNING & ZONING COMMISSION MAY 14, 1992 PAGE 7 MOTION: Upon a motion by Commissioner Kelley and a second by Commissioner Falk, the Commission voted 4 FOR and 1 OPPOSED to approve the request for Heritage Park IV as a concept plan and Heritage Park II as a site plan, giving staff the feasibility to consider street alignment on Tract IV; with the intersection of the southern alley on Tract IV with Heritage Parkway be eliminated; the size of lots will be minimum 5000 square feet; and lot depths will be 100 feet. FINDINGS: 1. The proposal is compatible to existing uses in the area. 2. The alignment of streets is appropriate and will provide better traffic flow. 3. The proposal provides less density. 4. The proposal on Tract II satisfies engineering requirements. 5. The concept plan on Tract IV will satisfy engineering requirements. 6. The issue of downzoning was considered and concern for this issue was the reason for the dissenting vote. Public Hearing Intermandeco. Inc. (Agenda Item V) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider a request by Intermandeco, Inc. representing Spindletop Savings Association for the Resolution Trust Corporation, to amend Planned Development No. 22 (PD No. 22) by changing the 22.4 -acre Shopping Center Tract to 13.8 acres of Single Family Detached, 2 acres to be dedicated for parks, and 6.6 acres to remain Shopping Center. The property is described as being situated in the R. C. Whisenant Survey, Abstract No. 1012 and further being the same 22.4 acre tract of land conveyed to Spindletop Savings Association by the deed recorded in Volume 2958, Page 478 of the Land Records of Collin County; further described as being the southwest corner of Bethany Drive and Allen Heights Drive." Mr. Petty presented the request to the Commission. He discussed the overall Heritage Park development. He suggested that a 22.4 -acre shopping center tract is not necessary at this intersection, and that staff is amenable to a change in zoning in order to allow for the proper alignment of Heritage Parkway. The plan allows for the proper alignment of Heritage Parkway and includes dedication of 2 acres of open space to connect with the linear park system. Ms. Rhoda Savage, the Director of Parks, agrees with this dedication of park land. Mr. Warren Corwin, Corwin Engineering, appeared before the Commission and reviewed the request. ALLEN PLANNING & ZONING COMMISSION MAY 14, 1992 PAGE 9 Chairman Garcia opened the public hearing. Mr. Steve Allen, 761 Heritage Parkway, stated his only objection to the request is the lot size of 5000 square feet. He prefers larger lots. With no one else wishing to speak for or against the request, Chairman Garda closed the public hearing. The issue of downzoning was discussed. Commissioner Gallagher stated that there are other provisions for shopping center property to serve these neighbor- hoods. Commissioner Fulk stated that he was agreeable to the single family zoning. With regard to the remaining shopping center acreage, he feels this tract will need to be rezoned again at a later date into two tracts. The consensus of the Commission was that 22.4 acres of shopping center zoning in this location is not needed. MOTION: Upon a motion by Commissioner Gallagher and a second by Commis- sioner Fulk, the Commission voted 5 FOR and 0 OPPOSED to approve the request to rezone the shopping center tract to 13.8 acres of single family, 2 acres for park, and the remaining 6.6 acres to remain shopping center; with the following provisions: 1) minimum 1200 square foot homes with the remaining provisions consistent with the garden home district standards, except for a 15 foot rear yard setback and 100 foot lot depths; 2) dedication and construction of the extension of Heritage Parkway at the time of development. Other Business: Mr. Keener advised that there will possible be plats on the next agenda. Adjourn: MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Fulk, the Commission voted 5 FOR and 0 OPPOSED to adjourn the May 14, 1992, meeting of the Allen Planning & Zoning Commission at 10:15 P.M. These minutes approved this 28th day of May, 1992. �etcA. 04'� JolGarem Chairman Kenneth Fu ,Secretary