HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1993 - 04/08 - RegularALLEN PLANNING & ZONING COMMISSION
I REGULAR MEETING
7 APRIL 8, 1993
ATTENDANCE:
Commission Members Present
John Garcia, Chairman
Harold Biggs, Vice -Chairman
Kenneth Fulk, Secretary
Douglas Gallagher
Jeffery Kelley
Steve Allen
Noel Crume
Commission Members Absent:
None
City Staff Present:
Bill Petty, Director of Community Development
Tom Keener, Development Coordinator
Sally Leeper, Secretary
CALL TO ORDER AND ANNOUNCE A QUORUM:
i With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called
to order at 7:30 p.m, by Chairman Garcia at the Allen Municipal Annex, City Council Chambers,
One Butler Circle, Allen, Texas.
Approve Minutes
March 22. 1993 (Agenda Item II)
Chairman Garcia read the agenda item into the record as follows:
"Approve minutes of March 22, 1993, Called Special Meeting."
MOTION: Upon a motion by Commissioner Kelley and a second by Commissioner Gallagher,
the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of March 22,
1993, as presented.
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PLANNING & ZONING COMMISSION PAGE 2
Approve Minutes
March 25. 1993 (Agenda Item 111)
Chairman Garcia read the agenda item into the record as follows:
"Approve minutes of March 25, 1993, Regular Meeting."
MOTION: Upon a motion by Commissioner Fulk and a second by Commissioner Biggs, the
Commission voted 7 FOR and 0 OPPOSED to approve the minutes of March 25,
1993, as presented.
Tabled Item
New & Unlisted Use - Outdoor Produce (A2enda Item IV)
Chairman Garcia read the agenda item into the record as follows:
"Tabled Item - Consider New and Unlisted Use for Outdoor Produce Market."
MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Fulk, the
Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item IV from the
table.
Commissioner Fulk discussed issues resulting from the subcommittee meeting on this subject.
Concern had been expressed regarding uses allowed along the entrance to the City along McDermott
Drive which is in the Central Business District (CBD). The consensus of the subcommittee was that
the CBD would not be an appropriate district for this use; Shopping Center was possibly acceptable
with a Specific Use Permit; Local Retail would not be acceptable; Agriculture -Open Space would not
be acceptable; General Business was possibly acceptable and is available in two weas..around
McDonalds and on F.M. 2170 west of Allen Heights.
The Commission discussed building materials to be allowed. Masonry exterior would be required
unless variances would be granted by the Board of Adjustment. The Commission discussed the
possible use of a Specific Use Permit. Commissioner Folk presented the following preliminary
definition for the use:
"Produce Market: Sale of fruits, vegetables and related perishable food products. Restric-
tions would be:
outside display of produce would only be allowed during business operating hours.
2) No permanent outside storage is allowed, unless screened from view by a suitable
screen acceptable to the City "
Commissioner Fulk further discussed the issue of outside storage. The subcommittee does not have a
full recommendation at this time.
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Commissioner Allen questioned the criteria for businesses to be located in the CBD. He suggested
that this could be allowed by a Specific Use Permit in that district. Mr. Petty suggested that the two
issues that need to be addressed are the outside storage and construction materials. Temporary uses
are now allowable for 30 days with two 30day extensions.
Chairman Garcia questioned whether the subcommittee had considered existing uses and Commission-
er Fulk stated that they had determined that this use, because of the outside display, is not consistent
with any of the existing uses.
The subcommittee discussed possible similarities between this use and nursery. The proposed use is
similar to nurseries with outside storage, because a plant nursery could sell fresh fruits and vegeta-
bles. Mr. Petty stated that nurseries are allowed 30% of the front yard for outdoor display. He
suggested that the requestor is looking for more outside storage than is allowed for plant nursery
Commissioner Allen suggested that the use should be allowed wherever a plant nursery is allowed. A
plant nursery is allowed by SUP in Shopping Center, by right in Central Business District, Light
Commercial, General Business, Corridor Commercial, Planned Development, and Community
Facilities.
The consensus of the Commission was to accept the proposed definition, above.
Chairman Garcia stated that he is mainly concerned with the outside storage. Traffic is a consider-
ation, as well as compatibility to adjoining uses.
Mr. Petty suggested that the outdoor display is what keeps the use from being already defined.
Indoor retail or food store would cover the use if it were not for the outdoor display. He suggested
the definition include definition of "City," as staff would not want the responsibility.
Chairman Garcia discussed the use of Specific Use Permits. Commissioner Crume discussed the
enforcement problems related to a Specific Use Permit.
Chairman Garcia discussed the possibility of allowing the use by SUP in Light Commercial and
Shopping Center Districts. Commissioner Allen suggested the same districts as plant nursery with
SUP Commissioner Fulk stated that the SUP would not control location.
Mr. Petty stated that staff would encourage the Commission to define the use in order that an SUP
would not be required. He reminded the Commission of the work of the Zoning Ordinance Review
Committee in attempting to remove as many SUPS as possible.
Commissioner Gallagher suggested that the issue be placed back on the table for further consider-
ation.
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MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Crume,
the Commission voted 7 FOR and 0 OPPOSED to table Agenda Item IV with
direction given to the subcommittee that the proposed definition is appropriate, they
should consider plant nursery locations, consider the LC, GB, and SC Districts,
consider whether to allow the use in the CBD, and what criteria should be placed on
the use, including screening requirements.
Public Hewing
Multi -Family (Reed Request) (Aeenda Item V)
Chairman Garcia read the agenda item into the record as follows:
"Public Hearing - Consider request by Mr. J. W Reed representing Mr. O. B. English, to
change the zoning from Agriculture -Open Space to Multi -family 3 (MF -3) on 15.487 acres of
Ind in the Peter Wetsel Survey, Abstract #990 and being a part of a called 54.02 -acre tract of
land, the THIRD TRACT described in a deed dated October 8, 1968 from Morris Natelson,
Trustee to O. B. English and recorded in Volume 720, Page 643 of the Deed Records of
Collin County, Texas; further described as being located immediately north of the Cotton-
wood Creek Apartments."
Mr. Jim Batten, Architect, 5121 Sunnydale Ct., Plano, Texas, represented the proposal to the
Commission. He stated that 15.5 acres, including a natural creek, is being requested for development
as apartments. He stated the plan preserves the natural tree line and creek as much as has been
possible.
Mr. Keener stated the property is located in Neighborhood District 31, and he reviewed the sur-
rounding zoning. The request is to change the zoning from Agriculture -Open Space to Multi -family
3. He discussed the Comprehensive Plan. He added that a site plan is being provided for informa-
tion purposes only; which includes 208 units, or 13.5 units per acre, slightly less density than the
apartments to the south (Cottonwood Creek Apartments). There is a notation for the necessary 5' of
right-of-way dedication for S.H. 5.
The Fire Marshal and the City Engineer have reviewed and approved the proposed site plan. Mr.
Keener stated that there is approximately 3/4 acre in the flood plain, which will be dedicated to the
City during the platting process.
Mr. Keener stated that the Comprehensive Plan allotted 1000 multi -family units in this neighborhood
district. There are over 500 units still available. The Plan suggests that multi -family be located in
the commercial areas and/or along thoroughfares. This request meets both criteria. The MF -3
District allows 18 units per acre.
Mr. Petty added that the property is not developable in any way other than multi -family.
Chairman Garcia opened the public hearing.
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PLANNING &ZONING COMMLSSION
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With no one wishing to speak for or against the request, Chairman Garcia closed the public
hearing.
Commissioner Gallagher questioned whether there were any traffic considerations. Mr. Keener stated
that a traffic study was not required because the intersection of S.H. 5 and F.M. 2170 has been
thoroughly analyzed.
Mr. Keener added that the zoning classification should contain a Flood Plain (FP) prefix.
Commissioner Fulk suggested that the front parking area might be opened to the apartments to the
south to share a possible future median cut on S.H. 5. Mr. Keener suggested that this could be
addressed at the time of platting. Mr. Batten stated that the two parking areas do not line up because
of the additional landscape buffer they have proposed.
Staff added that the developer and builder is the same that developed and built the Cottonwood Creek
Apartments. The Comprehensive Plan states that "multi -family and single family are compatible
uses," however, screening would be required between the two uses.
Commissioner Folk suggested that it appears appropriate to rezone this property to MF -3.
MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Crume, the
Commission voted 7 FOR and 0 OPPOSED to recommend approval of the request for
MF -3 zoning.
FINDINGS:
1. The use is compatible to adjacent uses.
2. The density proposed is compatible to adjacent property
3. The neighborhood district allows the proposed density.
4. The use is consistent with the development strategy of the Comprehensive Plan.
5. Appropriate right-of-way is being dedicated for S.H. 5.
6. It appears that the layout of the terrain makes the MF -3 zoning an appropriate district.
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PLANNING & ZONING COMMISSION PAGE 6
Public Hearing
Dennis J. K000 LAeenda Item VIl
Chairman Garcia read the agenda item into the record as follows:
"Public Hearing - Consider request by Dennis J. Koop for A.C.P. Inc. to amend Planned
Development No. 13 (PD -13) by amending the use regulations on Tract 12 to allow gasoline
sales and car wash and requesting site plan approval for gasoline sales with car wash and
convenience store as accessory uses. The property is described as a tract of land situated in
the R. C. Ingraham Survey, Abstract No. 462, City of Allen, Collin County, Texas, and
further being part of a tract of land referred to as Tract B, by a deed recorded in Volume
2773, Page 43, of the Land Records of Collin County, Texas; further described as being
located at the southeast corner of Bethany Drive and Jupiter Road."
Mr. Koop presented the request to the Commission. He stated he presently owned two convenience
stores with service stations. He presented a site plan of the proposed development, and advised he is
proposing the use of gasoline sales be added as an allowable use in Tract 12 of P.D. 13. He stated
that the City of McKinney had awarded his company an Award for Excellence for commercial
construction and landscaping. He stated he is interested in providing this use in an area other than on
F.M. 2170. He stated that the facility has been designed with more landscaping than is required since
it is actually larger than needed. They will be using card readers at the pump.
Mr. Keener stated that the property is in Neighborhood District 25, and is zoned Planned Develop-
ment No. 13. It is an outparcel of the Food Lion Shopping Center. The use was not allowed in the
PD regulations when they were adopted. The decision before the Commission is to consider an
amendment to the PD to allow the use and, if approved, site plan approval is required. The Fire
Marshal and the City Engineer have approved the site plan.
Mr. Keener added that landscaping on the site plan is more than currently required in the ordinance.
The parking requirement is satisfied. The Commission discussed the additional curb cuts shown on
the plan.
Chairman Garcia opened the public hearing.
Mr. Jeff Wells, 816 Fairlawn Street, stated he was told at the time of development of the Food Lion
that a service station would definitely not be allowed in this tract. He expressed concern about the
proximity to the school. He added that the traffic signal has helped the situation. He is opposed to
the request.
Mr. Eric Peterson, 601 High Trail, opposed the request. He cited proximity to the elementary school
as problem. He added that the curb cuts currently existing at Food Lion were considered sufficient
during that zoning process, and he opposed additional curb cuts. He requested clarification on the
landscape drawing as to which items were crepe myrtle and which were oak trees.
Mr. John Bearden, 605 High Trail, opposed the request. He expressed concern over gasoline odor.
He stated that he was told during the Food Lion zoning request that a service station would not be
APRIL S, 1993
PLANNING & ZONING COMMISSION
PAGE 7
allowed at this corner. He questioned the proposed hours of operation, and proposed lighting. He
suggested alternative locations be considered.
With no one else wishing to speak for or against the request, Chairman Garcia closed the public
hearing.
Mr. Koop stated that the hours of operation would be 6:00 a.m. to 11:00 p.m. Sometimes they
would remain open till midnight during special events. He stated he does not plan a 24-hour
operation. He stated that the Environmental Protection Agency requires gasoline stations to have
Stage 2 Vapor Recovery. Delivery trucks will also use vapor recovery lines. Regarding concerns of
lighting, he stated there will not be heavy lighting on the facility It will be sufficient for safety. He
discussed curb cuts and median cuts. He stated that curb cuts were designed after the City of Plano's
ordinances. He stated that the landscaping is not finally defined at this time; however, he was not
opposed to planting trees if that was desired.
Mr. Koop stated that the curb cuts would be required by the oil company
Commissioner Biggs stated that he considered the safety of the children as the most important
concern.
Commissioner Gallagher stated he understands the citizens' comments; however, today's needs
indicate a need for service at this intersection. He shares a concern regarding safety He is not in
favor of the additional curb cuts.
Commissioner Biggs indicated he shared Commissioner Gallagher's concerns.
Commissioner Kelley stated he has the same concerns as above, and added that landscaping needs to
be shown on the southern edge of the tract.
Mr. Koop stated that although 10% landscaping is shown, he would have additional landscaping
shown in this area. He added that the oil companies do not allow flexibility on the curb cuts. He
discussed other service stations with similar curb cut designs.
Commissioner Allen expressed appreciation for the citizens' concerns, but stated he does not see a
problem with the use or the curb cuts. He feels the currently specified curb cuts are too restrictive
and this particular size of lot will need additional curb cuts. He stated he is in favor of the use, his
only objection would be based on the fact that current residents were told there would not be a service
station at this location. He sees it as similar to the drive-through restaurant.
Commissioner Cmme stated he was opposed to additional curb cuts. He is not sure about the use.
Commissioner Fulk stated he does not have a problem with the use. Regarding the issue of
promoting traffic, he does not feel it will generate traffic, but would take advantage of existing
traffic. He has a concern regarding the curb cuts. Regarding odors and fumes, he stated the facility
is located at least 200' from residential to the south, and the EPA requirements should satisfy that
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PLANNING & ZONING COMMISSION
PAGE
concern. Regarding hours of operation, he does not feel this would be a 24-hour operation. He feels
the luminary requirements for a service station would be compatible to the area.
Chairman Garcia added that he feels the surrounding uses me compatible to the proposed use. He is
not in favor of the additional curb cuts.
Mr. Keener suggested that the Commission allow the City Engineer an opportunity to consider
widening the existing curb cuts. Mr. Koop stated it will be very difficult to relocate the curb cuts and
still retain approval from an oil company for the site plan. He questioned if the Commission would
be agreeable to widening the existing cuts if that became a possibility.
Commissioner Kelley suggested the City's traffic engineer review the site plan.
Upon a show of hands, the Commission indicated a 7 for and 0 opposed approval of the suggested
use.
MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Crume,
the Commission voted 7 FOR and 0 OPPOSED to table Agenda Item VI.
Workshop
Subdivision Ordinance (Aeenda Item Vill
Chairman Garcia read the agenda item into the record as follows:
"Workshop - Consider Revisions to Subdivision Ordinance."
The Commission chose not to consider this agenda item at this time.
Other Business:
Mr. Keener provided information regarding a meeting at the North Cenral Texas American Planning
Association.
Adjourn:
MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the
Commission voted 7 FOR and 0 OPPOSED to adjourn the April 8, 1993, meeting of
the Planning & Zoning Commission at 10:15 p.m.
n[
These minutes approved this day of �,(�� , 1993.
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■ �' Iehefiareta,ai an
Kenneth Fulk, Secretary