Loading...
HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1995 - 08/10 - Regular�'" ALLEN PLANNING & ZONING COMMISSION �, REGULAR MEETING August 10, 1995 Commission Members Present: Kenneth Fulk, Chairman Noel Crume, Vice Chairman Bruce Heller Susan Bartlemay Ross Obermeyer Harold Biggs (art 7.32 p.m.) Jeffery Kelley None City Staff Present: Bill Petty, Dir. Of Community Development George Conner, Dir. Of Public Works Tom Keener, Development Coordinator Sally Leeper, Administrative Assistant MCI on KIM R 1 *,4NI i\\• • •' 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 July 27. 1995 (Agenda Item II) Chairman Fulk read the agenda item into the record as follows: Approve minutes of July 27, 1995, Regular Meeting." E MOTION Upon a motion by Commissioner Crume and a second by Commissioner - Bartlemay, the Commission voted 6 FOR and 0 OPPOSED to approve the minutes of July 27, 1995 PLANNING & ZONING COMMISSION AUGUST 10, 1995 PAGE 2 Approve Minutes Aueust 3. 1995 (Agenda Item III) Chairman Fulk read the agenda item into the record as follows: "Approve minutes of August 3, 1995 Workshop Meeting." MOTION Upon a motion by Commissioner Crume and a second by Commissioner Obermeyer, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of August 3. 1995, as presented. Tabled Item Replat - Brookshires (Agenda Item V) Chairman Folk read the agenda item into the record as follows: "Tabled Item - "Replat - Consider replat approval of Brookshire's Addition, a replat of Wal-Mart Addition, being 12.163 acres of land located in the Peter Weisel Survey, Abstract No. 990, City of Allen, Collin County, Texas; further described as being located north of McDermott Drive and west of S.H. 5 in the Cottonwood Creek Shopping Center." Mr. Tom Keener indicated that this replat reflects the dedication of 5 feet of right-of-way for the expansion of S.H. 5 The fire lanes have been reviewed and approved by the Fire Marshal. City staff recommends approval. MOTION Upon a motion by Commissioner Crume and a second by Commissioner Bartlemay, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item V from the table. It was indicated that there are three owners who are participants in this plat. Commissioner Heller discussed the possible need for a cross access easement to accommodate the multiple owners and it was stated that the fire lane would accommodate this need. MOTION: Upon a motion by Commissioner Kelley and a second by Commissioner Heller, the Commission voted 7 FOR and 0 OPPOSED to approve the replat for Brookshires Addition. I PLANNING & ZONING COMMISSION AUGUST 10, 1995 PAGE 3 Final Plat Cottonwood Bend Estates IIB (Agenda Item VIII Chairman Falk indicated he felt it appropriate to move this agenda up and read the agenda item into the record as follows: "Consider Final Plat approval of Cottonwood Bend Estates IIB, being 14 acres of land out of the R. C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas; further described as being located north of Chaparral Road and west of Cot- tonwood Creek." Mr. Keener presented this plat to the Commission. He stated the hike and bike trail is currently installed in the floodplain area. The Fire Marshal and City Engineer have reviewed and approved the plat, and staff recommends approval He added that the required wrought iron fence will be installed prior to the filing of the plat. Mr Warren Corwin was present to answer any questions. He indicated that the required park dedication is included on this plat C MOTION- Upon a motion by Commissioner Obermeyer and a second by Commissioner Crume, the Commission voted 7 FOR and 0 OPPOSED to approve the final plat for Cottonwood Bend Estates IIB. Public Hearing Kwik Industries. Inc (Agenda Item V) Chairman Fulk read the agenda item into the record as follows: "Public Hearing - "Consider a request by Mr John Reitinger for Kwik Industries, Inc. For a Specific Use Permit with site plan approval for an oil and lube facility on property described as Lot 1A, Block 8 Whisenant Addition, located in Abstract No. 708, City of Allen, Collin County, Texas; further described as being located at the northwest corner of McDermott Drive and Anna Drive." Mr Keener presented the request to the Commission. Kwik Industries, Inc. is requesting an Specific Use Permit with site plan approval for an oil and lube facility Because of the close proximity to Anna and the neighboring property, City staff requested Mr. John Friebele, P.E., Hunter Associates, to review the site plan from a traffic prospective Mr Friebele's concerns were indicated to the proponent and each of his concerns have been incorporated into the Cproposed site plan. PLANNING & ZONING COMMISSION �i AUGUST 10, 1995 PAGE 4 Public Hearing Kwik Industries. Inc (Cont 1 (Aeenda Item Vl The proposal did indicate an egress drive onto McDermott, which would have caused the reconstruction of the storm inlet at that location, and the proponent was proposing a grated inlet. Mr George Conner stated that this inlet is approximately 20 feet long, and staff is not prepared to approve this conversion to a grated inlet. Mr. Sid Hollingsworth, Kwik Industries, 4725 Nall Road, Dallas, stated that he is proposing an all -brick facility He provided pictures of what the facility would look like. He provided new site plans indicating that the McDermott exit has been relocated to Anna Drive. Chairman Fulk opened the public hearing. Mr Mark Paxton, 281 Hampton Ct., Fairview, with his business located at 402 W McDermott, spoke against the request and read his comments into the record. They are attached hereto and made a part hereof. Mr. Bobby Sanders, 103 S. Anna, spoke against the request. Mr Carson Everett, 102 S. Anna, spoke against the request. He suggested a screening wall would be necessary between the proposed development and his property He also expressed concern regarding lighting. Ms. Leeper read into the record a letter received from First Bank Allen and it is attached hereto and made a part hereof. With no one else wishing to speak, Chairman Fulk closed the public hearing. Mr Hollingsworth presented a revised site plan. The basic change was to relocate the exit from McDermott to Anna. He stated that the proposal meets all of the City's setback requirements in the Central Business District He indicated that the lot is of adequate size for this business. The trees on McDermott will not be removed since the exit drive has been relocated to Anna. He discussed the proposed facade (brick veneer) and the landscaping being proposed. He stated that he considers the 11 -foot one-way drive adequate. Regarding the request for a screening wall along the north property line, he stated he would agree to construct a 6 -foot fence. Mr. Keener stated that there is no requirement for screening commercial property, but it could be made a condition of the Specific Use Permit if the Commission so desired. PLANNING & ZONING COMMISSION AUGUST 10, 1995 PAGE 5 Public Hearing Kwik Industries Inc (Cont.) (Agenda Item V) Chairman Fulk requested information regarding the nonconforming residential uses adjacent to this property Mr. Keener stated that the property to the north is zoned commercial. These residential structures are allowed as a residential use until vacated for more than six months. At that time, the property would lose its nonconforming status. Mr. Hollingsworth added that regarding the lighting proposed, they will be aerial lights designed to shine down. They are cut-off fixtures of a type that would limit the extent of the light on adjacent properties. The hours of operation are proposed to be approximately 8 a.m. to 7 p.m. in the summer and 8 a.m. to 6 p.m. in the winter Commissioner Obermeyer questioned when the highest volume of traffic was expected and Mr Hollingsworth stated it is usually around the noon hour during the week and variable on the weekend. Mr. Friebele indicated that he has reviewed the revised site plan and is of the opinion that the ingress and egress being on Anna is a better design. Commissioner Kelley questioned whether there were sidewalks proposed. Mr. Keener indicated that there are sidewalks currently on McDermott but not on Anna. As part of the Subdivision requirements, the proponent will be required to escrow funds for future recon- struction of Anna, which will include sidewalks. Commissioner Kelley discussed the State of Texas accessibility requirements regarding handicapped spaces and sidewalk access. Chairman Fulk indicated that these items were not among the Commission's responsibility, but the proponent might be wise to consider these. Mr Hollingsworth stated that this site plan will be filed with the State. Commissioner Heller questioned whether a curb was intended along the west property line and Mr Hollingsworth stated that they would agree to construct this curb. Commissioner Heller also questioned whether the facility will actually look like the pictures that were provided. Mr Keener stated that any motion to approve could include the stipulation that the structure be brick veneer He suggested wording such as "brick veneer compatible to adjacent structures." Commissioner Heller further discussed any plans for signage and Mr. Hollingsworth stated that if a pole sign is not possible, they would construct a monument sign. He further stated that he would prefer to use the color brick that is their standard, rather than attempting to match adjacent buildings exactly Mr. Paxton stated that the trees on the west side of the property are all on the proponent's property, and he feels they will be lost. PLANNING & ZONING COMMISSION AUGUST 10, 1995 PAGE 6 Public Hearing Kwik Industries. Inc (Cont.) (Agenda Item V) Mr. Bill Petty requested that any motion include a stipulation for brick veneer with the statement that City staff review the materials for compatibility with adjacent structures. Mr Hollingsworth stated that they will attempt to save as many trees as possible. He added that any text on the site plan regarding "storm inlet" on McDermott will be removed. Commissioner Kelley questioned the building setback requirements in the CBD Mr. Petty stated that there are no minimum setback requirements in the CBD; however, building code standards will dictate fire separation construction. Commissioner Kelley questioned the plans for screening the dumpster. Mr. Hollingsworth stated that the dumpster could be wood or masonry to match the building. He further indicated that all construction will comply with all requirements of the Uniform Building Code. The Commission discussed the construction of the screening wall to the north. Chairman Fulk questioned whether the wye inlet on Anna will need to be relocated and Mr Conner indicated that this would be possible. He added that it might be appropriate to use a grated inlet in this location. At this time, Chairman Fulk questioned the Commissioners as to their pleasure regarding the appropriateness of the use in this location. Commissioner Obermeyer stated that this uses was within the range of businesses that would be compatible. Commissioner Crume stated that he feels that the use does not fit in this neighborhood He is concerned regarding the setbacks and would prefer the request be tabled for further review Commissioner Bartlemay stated that the adjacent structures are office, and she feels it is compatible; however, this is in the CBD and is intended for a mix of uses. Commissioner Biggs stated that he feels it is a compatible use, but is concerned regarding the aesthetics. Commissioner Kelley stated that, although it appears crowded, the proposal meets the ■ii requirements in the CBD His concerns have been addressed regarding the ADA requirements and he feels it is a compatible use. PLANNING & ZONING COMMISSION AUGUST 10, 1995 PAGE 7 Public Hearing Kwik Industnes Inc (Cont) (Agenda Itemy) Commissioner Heller stated that he feels the use is compatible in the CBD He feels the comments made regarding the site plan will make the development compatible with adjacent properties. Chairman Fulk indicated that the issue of the curb inlet on McDermott has been addressed, as well as the preservation of the City's trees, the brick veneer, preservation of on-site trees, typographical errors, ingress and egress moved to Anna, signage, screening on the north boundary, and screening of the dumpster, storm inlet at new exit on Anna, building code issues, and the need for a curb on the west property line. Commissioner Kelley discussed ways that the trees could be saved, and Commissioner Obermeyer questioned whether the proponent would agree to replace any trees that were lost. Mr Hollingsworth stated that he would preserve as many trees as possible, and will work with the staff regarding replacement of lost trees. All landscaping areas are irrigated. Commissioner Biggs discussed materials of the screening wall, and requested that it and the Edumpster be constructed of brick to match the building. Mr. Hollingsworth agreed to this. Commissioner Crume discussed the need to screen the west property line. Mr. Keener reminded the Commission that screening in this area could cause a loss of trees, since most of the trees are located along the west property line. The consensus of the Commission was to not request screening to the west. Commissioner Bartlemay discussed the possible need to require higher landscaping plants along Anna. The consensus of the Commission was to not request this because of visibility problems. MOTION Upon a motion by Commissioner Heller and a second by Commissioner Ober- meyer, the Commission voted 7 FOR and 0 OPPOSED to recommend approval of the request for Specific Use Permit and site plan with the following stipula- tions: 1 A 6 -foot masonry screening wall along the north boundary matching the building will be constructed. 2. The dumpster will be screened with brick veneer to match the building. 3 Staff and proponent will strive to save as many trees as possible, and any not saved will be placed at a location that staff designates with equal caliper, on an in -per -inch basis, a minimum of 3" per tree. 4. All signage will be in conformance with Sign Ordinance No. 1198-9-93 PLANNING & ZONING COMMISSION AUGUST 10, 1995 PAGE 8 Public Hearing Kwik Industries. Inc (Cont.) (Agenda Item V) 5. A curb along the west side will be constructed in such a manner to maximize tree preservation. 6. The exterior of the building will be brick veneer and staff will determine that the appearance is compatible with adjacent properties. 7 The lights on the building will not interfere with neighboring properties 8. The location of the inlet on Anna will be coordinated with City staff. 9 All landscaping will be irrigated. 10. Notes regarding revision of inlet on McDermott will be removed and typographical errors will be corrected. 11. The business will not operate after 10:00 p.m. FINDINGS. 1. The proposed use is compatible and harmonious with surrounding structures. 2. The ingress and egress of the site was addressed by proponent and approved by the City's traffic engineer. 3. Removal of curb cut on McDermott was eliminated. 4 The plan appears to preserve the existing landscaping along McDermott. 5 The Commission was able to address the preservation of trees. 6. The landscaping is irrigated. 7 Although the screening is not required along the north boundary, the proponent agreed to provide a screen to satisfy neighbor's concerns. 8. The building will be constructed of brick veneer to be compatible with adjacent structures. I PLANNING & ZONING COMMISSION AUGUST 10, 1995 PAGE 9 Replat Kwik Lube Addition (Agenda Item VIl Chairman Fulk read the agenda item into the record as follows: "Replat - Consider Replat approval of Kwik Lube Addition, being a replat of 0.349 acres of land described as Lot IA, Block 8, Whisenant Addition, Abstract No. 708, City of Allen, Collin County, Texas; further described as being located at the north- west corner of McDermott Drive and Anna Drive." Mr. Keener presented the plat to the Commission. He stated it has been reviewed and approved by the Fire Marshal and City Engineer, and staff recommends approval. MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Bartlemay, the Commission voted 7 FOR and 0 OPPOSED to approve the replat for Kwik Lube Addition. Review of Zoning Ordinance (Agenda Item IX) Chairman Fulk read the agenda item into the record as follows: "Review of Comprehensive Zoning Ordinance. No action was taken on this agenda item at this time. OTHER BUSINESS. Mr. Keener advised that the next agenda will include a site plan for the First Baptist Church. He discussed the request by Texas Contractor's Supply to install an above -ground storage tank for diesel fuel. He requested a consensus from the Commission as to their desire. The consensus of the Commission was to allow this as an accessory use as long as the use is not for retail sale, is no larger than 2,000 gallons, located in the rear of the property, and no higher than 6 feet. PLANNING & ZONING COMMISSION AUGUST 10, 1995 ADJOURN PAGE 10 MOTION Upon a motion by Commissioner Biggs and a second by Commissioner Bartlemay, the Commission voted 7 FOR and 0 OPPOSED to adjourn the August 10, 1995, meeting at 945 p.m. These minutes approved this o2 `f' day of , 1995 Ken Fulk, Chairman UV Yffery Kelle ecretary 11 0 First Bank Planning and Zoning Commission One Butler Circle Allen, Texas 75013 Re: Zoning Case #27-17-95-36 Kwik -Kar Oil and Lube Dear Commissioners, We would like to address our concerns about the proposed zoning changes to allow the building of a Kwik -Kar Oil and Lube on McDermott in Allen. Our concerns include the aesthetics of the proposed building, since all the new growth in this area has been new office space. We are also concerned with traffic management on McDermott with everyone trying to merge into one lane to get to Hwy 75/Central Expwy. We just ask that the commissioners consider these factors when reviewing this proposed change Si erely, -d John G Poer First Bank - Allen JGP/bb (214) 390-7827 • FAX (214( 3902380 • 101A North Greenville Avenue • P O Box 22 • Allen, Texas 75002 MEMBER FDIC Re: Zoning Case No. Z7-17-95-36 (Kwik -Kar Oil and Lube) Commissioners: As the adjoining property owner to this proposed facility, I would ask that the request for a Specific Use Permit be denied for the - following reasons. -- 1. It's not a good location for a drive-thru oil and lube changing facility. The lot is too small. These facilities are usually located with much more open space surrounding them. 2. The departing traffic from the facility will be hazardous to oncoming motorists along McDermott Dr. 3. Allowing a storm sewer inlet to be replaced with a grate style inlet that will collect trash every time it rains is a bad idea. 4. The proposed facility is too close to my building. The rendering submitted for your review is misleading. It depicts my building being more than 20 feet from the property line, when in fact it is less than 3 feet from the proposed 11 ft., one way side drive. 5. An 11 ft. wide driveway is too narrow. Large vehicles might crash into my building. 6. All of the existing trees will be destroyed. 7. This will limit greatly any possible uses for my property. Complimentary businesses for oil & lube places are frequently transmission shops, and tire stores. 8. From my observations, it appears that this sort of business is usually located around areas with more open space. I could not find any examples of these facilities being situated so close to an exisiting office building. Respectf ly 402 Nj'CDERMO Yr DR. • ALLEN, TX 75002 • 214-727-6600 • FAX 214-727-2833 wr v MARK PAXTON COMPANY REAL ESTATE City of Allen Planning and Zoning Commission One Butler Circle Allen, TX 75002 Re: Zoning Case No. Z7-17-95-36 (Kwik -Kar Oil and Lube) Commissioners: As the adjoining property owner to this proposed facility, I would ask that the request for a Specific Use Permit be denied for the - following reasons. -- 1. It's not a good location for a drive-thru oil and lube changing facility. The lot is too small. These facilities are usually located with much more open space surrounding them. 2. The departing traffic from the facility will be hazardous to oncoming motorists along McDermott Dr. 3. Allowing a storm sewer inlet to be replaced with a grate style inlet that will collect trash every time it rains is a bad idea. 4. The proposed facility is too close to my building. The rendering submitted for your review is misleading. It depicts my building being more than 20 feet from the property line, when in fact it is less than 3 feet from the proposed 11 ft., one way side drive. 5. An 11 ft. wide driveway is too narrow. Large vehicles might crash into my building. 6. All of the existing trees will be destroyed. 7. This will limit greatly any possible uses for my property. Complimentary businesses for oil & lube places are frequently transmission shops, and tire stores. 8. From my observations, it appears that this sort of business is usually located around areas with more open space. I could not find any examples of these facilities being situated so close to an exisiting office building. Respectf ly 402 Nj'CDERMO Yr DR. • ALLEN, TX 75002 • 214-727-6600 • FAX 214-727-2833