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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1995 - 03/09 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING Much 9, 1995 Kenneth Fulk, Chairman Noel Crume, Vice -Chairman (arrived 7:38 p.m.) Douglas Gallagher, Secretary Jeffery Kelley Ross Obermeyer Harold Biggs Cit, Staff Present Bill Petty, Director of Community Development Tom Keener, Development Coordinator George Conner, Director of Public Works Sally Leeper, Administrative Assistant With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Chairman Fulk at the City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes February 23. 1995 (Agenda Item IIl Chairman Fulk read the agenda item into the record as follows: "Approve minutes of February 23, 1995, Regular Meeting." MOTION Upon a motion by Commissioner Gallagher and a second by Commissioner Obermeyer, the Commission voted 4 FOR and 0 OPPOSED to approve the minutes of February 23, 1995, as presented. PLANNING & ZONING COMMISSION March 9, 1995 PAGE 2 Public Hearing Metroplex Gymnastics (Agenda Item I1I) Chairman Fulk read the agenda item into the record as follows: "Public Heating - Consider a request by Metroplex Gymnastics for site plan approval for a gymnastics center to be located in the Light Industrial portion of Planned Devel- opment No. 3 (PD -LI No. 3), being a portion of Tract A of the Allen Business Centre; further described as being located on Bethany Drive east of Prestige Circle." Mr Tom Keener presented the request to the Commission. He stated that the request is on the eastern portion of Tract A of the Allen Business Centre Addition. He stated that this is zoned Planned Development -Light Industrial (PD -LI) and a gymnastics center is allowed in this district. The Subdivision Ordinance will not allow another curb cut between the proposed one and Prestige Circle. In order to allow this cut to serve both tracts, it has been designed to be 6 feet wider He discussed the hammerhead design of the fire lane. He stated that the parking is shown to be 1 per 300 square feet. The parking requirements for this use is not clearly identified in the Zoning Ordinance, but staff is comfortable with the 1 to 300 square foot ratio. However, Mr. Keener did point out that the requirement in Richardson is I to 100 square feet, and in Plano it is 1 to 200 square feet. Mr. Keener stated that the petitioner is installing landscaping over and above that which is required by the Ordinance. The parking spaces are 9 x 18 feet. The 100 -foot setback from major thoroughfares is satisfied with this request. The petitioner has agreed to dedicate additional right-of-way on Prestige when this property is replatted. Mr. Keener stated that City staff has reviewed this plan and is in agreement with the proposal. Mr Lionel Jaramillo, Perdue Construction, 1230 N Central, Suite A, McKinney, TX, spoke on behalf of Metroplex Gymnastics. He stated that the building will be 9920 square feet, and used as a gymnastics center. Chairman Fulk opened the public hearing. With no one wishing to speak for or against the request. Chairman Ful k closed the public hearing. Commissioner Gallagher questioned whether there would be any additional median cuts along Bethany Drive. Mr Keener stated that none would be added. Commissioner Gallagher expressed concern that "No U -Tum" signs might need to be placed at the existing median cut Mr. Bill Petty stated that when the remainder of Tract A develops it will allow for PLANNING & ZONING COMMISSION March 9, 1995 PAGE 3 Public Hearing MetroplxQymnactirs (Cont) (Agenda Item III) common access to Prestige. He suggested that the traffic would be addressed at such time as it became a problem. It was discussed that the office parking requirement is 1 to 300 square feet. Mr. Keener added that there is additional space for parking should it be needed in the future. Commissioner Gallagher discussed the possibility that there might be problems connected to the proposed configuration with persons attempting to turn around after dropping off their children. Mr. Jaramillo stated that he felt that the 24 -foot width of the driveway allows for ample space for turn-arounds. Ms. Sandy Streeter, 10240 Shadow Way, Dallas, TX 75243, and Mr Greg Kester, 1500 Jupiter, #602, Allen, TX 75002, spoke to the issue of the number of students in attendance at any given time. They stated it would be approximately 30 at any given time. Chairman Folk questioned whether the 1 to 300 ratio for parking was staffs suggestion or the proponent's request. Mr Keener indicated that it was staffs suggestion, with the allowance that there is space to add additional parking if necessary in the future. Chairman Fulk indicated a desire for additional parking spaces. He suggested at a I to 250 ratio would be appropriate. This would add 6 to 7 additional spaces. The Commission further suggested that instead of additional parking spaces, it might be appropriate to consider looping the fire lane around the building. Mr. Jaramillo stated that this would be economically difficult and the proposed design allows for expansion to the north. Commissioner Kelley indicated that he would agree that avoiding a looped fire lane at this time is appropriate in order to provide for future growth. He stated that the design as proposed allows for additional parking when necessary Commissioner Crume indicated concern regarding circulation. Commissioner Obermeyer also stated that traffic flow is a concern, rather than the number of parking spaces. Commissioner Kelley questioned the location of a dumpster, and the proponent indicated it would be located near the hammerhead, but coordinated with BFI. Commissioner Kelley stated that the handicapped space shown should be van accessible. The proponent stated that this will be covered on the construction drawings. PLANNING & ZONING COMMISSION March 9, 1995 PAGE 4 Public Hearing M =plf x Qvmnastirs (Cont) (Agenda Item III) Chairman Folk discussed the fact that the handicapped space as shown will be encroaching on a future fire lane at such time as it might be looped around the building. The proponent indicated that he would agree to move that space to the east. Commissioner Crume questioned whether the proponent would agree to increase the number of parking spaces. Mr. Jerry Green, Perdue Construction, indicated that the project is over budget, and they would not be able to increase the number of parking spaces at this time. Commissioner Kelley questioned whether the shaded landscaping areas will be irrigated and the proponent stated that it would be. MOTION Upon a motion by Commissioner Gallagher and a second by Commissioner Kelley, the Commission voted 4 FOR and 1 OPPOSED to recommend approv- al of the request with the following amendments: 1) the handicapped parking space in the front will be moved to the east; 2) each of the four shaded areas on the site plan will include a Live Oak tree; 3) shaded landscaped areas will be automatically irrigated. MINORITY FINDINGS. Parking not sufficient. 2. Flow of traffic not appropriate. MAJORITY FINDINGS. 1. No specific requirements in Zoning Ordinance to regulate "Gymnastics Center parking. 2. Petitioner provided all setbacks and right-of-way dedication. 3 Access to adjacent lot was provided. 4 Allowable Use in Light Industrial 5. Configuration of the site will allow for the expansion of the building, parking, and circulation. 6. Proposed landscaping exceeds ordinance requirements. PLANNING & ZONING COMMISSION March 9, 1995 PAGE 5 Public Hearing Mori side (Agenda Item IV) Chairman Fulk read the agenda item into the record as follows: "Public Hearing - Consider a request by Ciri Apartments, Inc. to rezone 139 1 acres in Abstract No. 324, Tract 20, FROM R4 (Restricted), R-5 (Restricted), Garden Home (Restricted), and Local Retail (Restricted); TO R-5, Garden Home. Community Facilities, and Local Retail, located at the northwest comer of Malone Road and F.M. 2170." Mr Keener presented the request to the Commission. The property is located at the northwest corner of Malone Road and F.M. 2170. This property was most recently zoned in 1993 Mr Sam Wyse is representing the owners, who are from Alaska. He reviewed the current zoning on the property There are 532 dwelling units currently allowed on this property A general commitment for tree preservation is included in the existing zoning. The proposed zoning includes I I + acres for Community Facilities (an elementary school site). The R4 is being deleted and the R-5 is being increased, as well as the Garden Home, with total dwelling units of 532. The Local Retail acreage remains the same. He added that because of the proximity of this property to the middle and elementary school, Mr Friebele was requested to review the proposal. The impact on the major thoroughfares was reviewed during the 1983 zoning request. Mr Friebele has made recommendations for this property, and for the school site. They include: 1) Malone (60' right-of-way) should be upgraded to a minor arterial (80' right-of-way); the additional 50' right-of-way will need to come from the eastern side of the road; 2) creativity is needed to keep the school traffic off of Malone and F.M. 2170; 3) various circulation improvements for the school site were recommended such as the Winterwood intersection should be expanded to allow 45 foot width. The school district has agreed that this additional 7-9 feet could be taken from the school site The petitioner has agreed that Alder and Winterwood and Trailwood will include expanded right-of-way to 75 - 80 feet so that it will facilitate the possibility for meandering sidewalks and streetscaping opportunities for hike and bike pedestrian access to the school site. The concept plan reviewed was for review purposes only The school will face Winterwood, not Malone. Mr. Bobby Curtis has reviewed the request and recommendations of Mr Friebele �! Mr. Sam Wyse, P O Box 836252, Richardson, TX 75083, spoke on behalf of Ciri L Apartments Ltd. He stated that Ciri purchased the property shortly after the 1993 zoning. Approximately one year ago the AISD contacted them regarding the need for an elementary PLANNING & ZONING COMMISSION March 9, 1995 PAGE 6 Public Hearing Morningside (Cont) (Agenda item IV) school site. Ciri will be dedicating the land at no cost to the AISD (11.5 acres) with the agreement that the school will he making its fair share of the development improvements. He stated that they are probably losing approximately 20 lots in the final design. It was added that the concept plan includes a more curvilinear design than was originally proposed in 1983. Mr Wyse indicated that 20% of the R-5 lots will probably average 8500 square feet rather than 7500 square feet. Chairman Fulk opened the public hearing. With no one wishing to speak for or against the request, Chairman Fulk closed the public hearing. Chairman Fulk reminded the Commission that this is not a planned development request, but rather straight zoning Also, the concept plan being shown is for review only Mr Petty stated that the Commission is considering land use only at this time, and not the street layout. He added that the proposal is shown as straight zoning districts, which does not guarantee the number of lots. This will be decided at the time of platting. The propo- nent has made a gracious proposal regarding streetscaping, and this should be noted at the time of platting. The proposal reduces the lot size and house size on the property Staff feels that since there has been no objections from adjacent property owners, and because of the incorporation of the school site, the proposal is viable. Mr Petty expressed a concern that it is not definite at this time whether the AISD will accept this school site. If the AISD does not accept this school site, it will create a zoning dilemma. The AISD and CIRI are negotiating this issue at this time, and should complete their negotiations in the very near future. If this agreement is completed, and the site does become a school, staff would recommend the proposal. If it does not become a school, then the density on the property would increase. Because of this situation, staff recommends that before final zoning is attached, the City should be advised by the school whether the CF property will be a school site. Mr. Bobby Curtis, AISD, advised that he cannot advise the City at this time whether the school and the proponent will complete their agreement. He suggested that the Commission might desire to send this forward to the City Council with consideration to asking the Council to hold a public hearing and table the request until the AISD advised whether the site will be used for a school. He suggested that if the school does not complete their agreement with the proponents, the Council might desire to send it back to the Commission. PLANNING & ZONING COMMISSION March 9, 1995 PAGE 7 Public Hearing Morningside (Cont.) (Agenda Item Iy) Mr. Rex Foster, 1426 Rivercrest, a resident north of this proposal, suggested that the public hearing letter was not specific enough to advise the residents of the specifics of the requested change. He further stated that most of the residents were attending a School Board public hearing on redistricting this evening. Mr. Bobby Curtis was asked by Commissioner Crume of the timeframe for a decision by the AISD on this property. Mr. Curtis discussed certain sections of the agreement that are being reviewed, and Commissioner Crume asked whether a 2 -week delay by the Commission would be sufficient for the school and Ciri to complete the agreement. Mr. Curtis indicated that this would probably not meet the agenda posting requirements for that time schedule. It was suggested that in order for a recommendation to be forwarded to the City Council, the Commission should know whether this tract will be used for a school or not. It was further suggested that a recommendation be forwarded based on the fact that the Community Facility tract be developed as a school. If this does not occur, it should be sent back to the Commis- sion for further review Commissioner Kelley discussed whether the site is an appropriate location for an elementary school, especially with regard to the size of Malone Road. Mr. Curtis stated that a crossing guard will be used if necessary to the east of Malone. The majority of the students will be from the west. The Commission discussed the issue of the house and lot size changes. Commissioner Kelley expressed concern regarding the loss of the restriction on the northern street to a larger minimum house size. He suggested that this northern street be restricted to at least 1500 square feet. The houses along the street north of this property are approximately 2000 square feet with 7500 square foot lots. Commissioner Crume agreed that a buffer on the northern portion of the property is necessary Mr Wyse agreed to a minimum of 1500 square feet on the most northern street on both sides of the street. Commissioner Kelley questioned the developer's commitment to tree preservation. Mr Keener indicated that a general statement was agreed to for tree preserva- tion, and Mr Wyse agreed to this general statement. Commissioner Obermeyer added that he was not in agreement with 1500 square feet being the minimum on the northern street. Commissioner Gallagher suggested a minimum of 1600 square feet to provide a progression from the existing homes to the north. PLANNING & ZONING COMMISSION March 9, 1995 PAGE 8 Public Hearing Morningside (C=.) (Agenda Item IV) Chairman Fulk agreed with the 7500 square foot lots, but would desire to see 1600 square feet minimums on both sides of the northern street. Mr Wyse agreed to 1600 square feet on these lots. In case the property is developed with a cul-de-sac design, it was suggested that the restriction be placed on the lots within 270 feet of the most northern boundary The Commission discussed the Garden Home district proposal. Commissioner Crume stated that he would prefer the minimum be larger than 1000 square feet, but agreed that the market will dictate the need for this. Chairman Falk reviewed the letter from Mr. John Friebele, Hunter Associates. Mr. Petty indicated that the western half of Malone will be required with this development. Mr Petty advised that the development will be required to enter into a facilities agreement for the construction of Malone and F.M. 2170. Mr Wyse stated that the applicant is in agreement with the intent of the recommendations of Mr Friebele regarding the right-of-way of the collectors being in the 75 to 80 foot range. i Chairman Folk discussed a concern mentioned in Mr. Friebele's letter regarding the alleys planned to be adjacent to the school site. Mr. Petry indicated that the school has proposed to fence this area. Commissioner Gallagher discussed the planned extension of the street from the north and how it might be appropriate to have additional right-of-way for sidewalks in this area. Commissioner Fulk suggested a reconfiguration of the Garden Home district to locate most of it along F.M. 2170. MOTION Upon a motion by Commissioner Obermeyer and a second by Commissioner Crume, the Commission voted 5 FOR and 0 OPPOSED to recommend approv- al of the request as submitted with the most northern 270 feet being restricted to 1600 square foot homes and that the City Council not take final action on zoning until it is confirmed by the AISD that this is going to be a school site; should that not happen, the City Council should send the request back to the Commission for further review 0 11 I A PLANNING & ZONING COMMISSION March 9, 1995 PAGE 9 Public Hearing Morningside (Com.) (Agenda Item IV) FINDINGS. 1. Recommendation from Mr. Friebele on Winterwood, the school district has agreed to make the right-of-way dedication. 2. This proposal represents downzoning the property, but the same number of residential units remains with the dedication of the Community Facility area. 3 The buffering issue was addressed and is being preserved. 4 The increased density is allowed because of the Community Facility school site (if this does not develop as a school, the density should be reconsidered). 5 The proponent has agreed to the recommended streetscaping. 6. The proponent has agreed in concept to the alternative transportation plan on the collectors. Final Plat Custer Hill Addition (Agenda Item V) Chairman Folk read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Custer Hill Limited Partnership on Custer Hill Phase A, being a 20.3060 -acre tract of land located in the John Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas: further described as being located at the southeast corner of McDermott Drive and Custer Road." Mr Keener presented the request to the Commission. The final plat is consistent with the preliminary plat, showing the open space dedication. The water tower site will be dedicated within five days of Commission action. The remainder of the open space will be dedicated with the deed on the water tower site The City of Plano has provided information stating that the right-of-way for Custer Road is appropriate. Improvements at the McDermott Drive/Custer intersection will be taken from the commercial property Mr Petty stated that this zoning is a planned development. It requires dedication of the water tower site within five days of approval of the final plat. All zoning requirements have been met. PLANNING & ZONING COMMISSION i March 9, 1995 PAGE 10 Final Plat Custer Hill Addition (Cont. (Agenda Item V) The Subdivision Ordinance stated that the City may require a facilities agreement as a part of the platting process, and City staff has been requiring these on larger tracts. The proponents have been advised of this requirement. This facilities agreement is a three -party contract between the owner and developer of the residential tract, owners of the retail tract, and the City of Allen. Staff has worked with the proponent on this facilities agreement and the text has been satisfactorily completed. Staff has received a copy of the approved facilities agreement signed by only one property owner Staff is agreeable to the Commission's consideration of this plat; however, staff is requesting the support of the Commission and a commitment from the Public Works Department that prior to a Development Permit being issued on any of this property, staff will have a signed facilities agreement on file. Mr George Conner, Director of Public Works, stated that he will not issue a Development Permit before a facilities agreement is completed. He indicated that a clearing and grading permit has been issued on the property, but a development permit will be held. Mr. Pat Atkins, Tipton Engineering, discussed the property He stated that the owners of the commercial tract do understand that they have a commitment on McDermott. He discussed the fact that the commercial property would be assessed for their portion if a facilities agreement is not consummated. He discussed his problem with being required to wait for development because this other property owner might not sign the facilities agree- ment. He had assumed there would be separate facilities agreements on each tract, and the commercial tract would be required to enter into a facilities agreement when they plat their property Mr Petty responded by stating that this facilities agreement has been underway for a number of weeks. He reviewed the purpose of the facilities agreement is to share the cost of the improvements throughout the entire development instead of based on frontage. MOTION Upon a motion by Commissioner Gallagher and a second by Commissioner Crume, the Commission voted 5 FOR and 0 OPPOSED to approve the final plat for Custer Hill Phase A. FINDINGS 1 The City will obtain an approved facilities agreement prior to issuance of a develop- ment permit. `1 2. The final plat is in agreement with the preliminary plat. PLANNING & ZONING COMMISSION March 9, 1995 PAGE 11 Final Plat Allen North Addition Phase 2 (Agenda Item VI) Chairman Fulk read the agenda item into the record as follows: "Final Plat - Consider final plat approval for Dallas Allen Associates on Allen North Addition Phase Two, being 17.6592 acres in the Henry Weisel Survey, Abstract No. 1026, City of Allen, Collin County, Texas; further described as being located north of Exchange Parkway and east of the northeast corner of Exchange and S.H. 5 " Mr Keener presented the final plat to the Commission. Staff recommends approval of the plat. MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Obermeyer, the Commission voted 5 FOR and 0 OPPOSED to approve the final plat for Allen North Addition Phase 2. Review of Zoning Ordinance (Agenda Item VIII Chairman Fulk read the agenda item into the record as follows: "Review of Comprehensive Zoning Ordinance." Because of the late hour, there was no discussion on this agenda item. Mr. Conner advised the Commission that the trees being removed along Exchange are in response to the installation of the water line. These are in the area where the road will later be constructed between S.H. 5 and U.S. 75 MOTION*Upon a motion by Commissioner Crume and a second by Commissioner Obermeyer, the Commission voted 5 FOR and 0 OPPOSED to adjourn the March 9, 1995, meeting at 10:50 p.m. �d These minutes approved this day of 1 Ken Fulk, Chairman De glas-Ga44agher, Secretary l)o.l Cru, e - V -C j