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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1997 - 06/26 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING June 26, 1997 ATTENDANCE: Commission Members Present: Jeffery Kelley, Vice -Chairman Susan Bartlemay (arrived 7:32 p.m.) Pamela Smith Ross Obermeyer, Secretary Jeff McGregor Bruce Heller (left (8:48 p.m.) Mark Pacheco Commission Members Absent: None City Staff Present: George Conner, Director of Public Works Marcie Diamond, Senior Planner Sally Leeper, Administrative Assistant Dan Tracy, Civil Engineer CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:30 p.m by Chairman Kelley at the City Council Chambers, Allen Library, Two Allen Civic Plaza, Allen, Texas. PLANNING & ZONING COMMISSION JUNE 26, 1997 PAGE 2 Consent Agenda (Agenda Item ll) Chairman Kelley read the consent agenda into the record as follows: Consent Agenda A. Approve Minutes of June 12, 1997 MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner McGregor, the Commission voted 6 FOR and 0 OPPOSED to approve the Consent Agenda. Tabled Item Texas Land & Building (Agenda Item 11I) Chairman Kelley read the agenda item into the record as follows: "Tabled Item - Consider a request by the Texas Land and Building Company for Gulf Coast Package, Ltd., to rezone 180.661 acres of land located in the Shadrick Jackson Survey, Abstract No. 489 and the Jesse A. Gough Survey, Abstract No. 347, City of Allen, Collin County, Texas, from Agriculture -Open Space (A -O) to Flood Plain -Planned Development with Single-family Residential, Multi -family Residential, Corridor Commercial, Shopping Center, and Community Facilities uses." MOTION Upon a motion by Commissioner Obermeyer and a second by Commissioner Heller, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item III from the table. Ms. Marcie Diamond reviewed the changes to the request as submitted. The use and area regulations have been submitted with Exhibit A-3, Land Use Plan. She noted the following items: 1. Density of residential in Tracts Vc and VI indicate an average of 3 7, which is a reduction in units from 386 to 265. 2. The park tract has been increased from 6.3 to 9 4 acres. 3. Tract V (Corridor Commercial) is now reduced to 12.7 acres. 4. Tracts III and IV indicate the allowance of a Restaurant/Private Club by Specific Use Permit (Local Retail) 5. The landscape buffer in the multi -family tract is shown as 20' rather than the 10' required by the Zoning Ordinance 6. Tract VI is shown with a density of 3.7 units per acre with no fewer than 20% of the lots being 9,000 s.f. PLANNING & ZONING COMMISSION JUNE 26, 1997 PAGE 3 The Commission discussed the issue of allowing Restaurant/Private Clubs in the Local Retail tract and reviewed the Commission's direction to change the tract from Shopping Center to Local Retail in order to eliminate some of the other uses that would have been allowed in Shopping Center. They further reviewed the direction they had given to the proponent to increase the park area. MOTION: Upon a motion by Commissioner Bartlemay and a second by Commissioner McGregor, the Commission voted 5 FOR and 2 OPPOSED, with Commissioners Smith and Obermeyer opposed, to recommend approval of the request as submitted. MAJORITY FINDINGS. I The proposal, although not completely in conformance with the Comprehensive Plan north of Ridgeview, attempts to comply The residential request is a reasonable compromise for the infrastructure that the proponent will incur 2. Corridor Commercial in this area would have been a greater depth over what is typical to the east. 3. The density appears to be consistent with recent staff findings (3.7 units per acre). 4. The topography of the land is compatible with this type of development. 5. The multi -family tract serves as a buffer between Custer and the development to the east of Rowlett Creek. 6 The proposal provides the opening of Ridgeview for future development. 7 Mr. Bobby Curtis, AISD, had previously indicated that the multi -family and single family proposed would not adversely affect the school district. MINORITY FINDINGS. 1. Non-compliance with existing Land Use Plan. 2. Comprehensive Plan recommends S H 121 corridor for higher intensity and employment center type uses (p 3 4 #5) 3. Comprehensive Plan identifies Ridgeview as buffer between S.H. 121 corridor to north and residential to south P. 3.4 #5). 4. Only 20 residential units allocated for this neighborhood district in Comprehensive Plan (p. 3.14 Table 19) 5. Proposal constitutes excessive density. PLANNING & ZONING COMMISSION JUNE 26, 1997 PAGE 4 6. Corridor commercial compatibility with residential identified as very low to Comprehensive Plan (p. 3.10 Table 18) 7 Potential future neighborhood conflict due to proximity of Corridor Commercial to residential. 8. Proposed neighborhood park in non-compliance with Comprehensive Plan recommendations due to following: a. location is not central to entire neighborhood. b. Location adjacent to major thoroughfare C. Location adjacent to commercial area (p.6.10) 9 Rowlett Road alignment in non-compliance with transportation engineer's recommendation due to following a. uses less existing right-of-way b. poorer access to adjacent properties C. less direct traffic routing 10. Nominal consideration to regional impact; i.e., current staff efforts with adjoining cities to preserve this corridor for future development of S H 121. EIl. Adverse economic impact on City and school district due to following: a neither SF nor MF pays for itself with city or school revenues b. commercial uses provide greatest revenue per dollar of services c industrial uses generate surplus with school district because they do not generate services (Comp. Plan p. 2.15 and 2.18 Table 15) 12. Unfounded benefit to City 13. Does not satisfy a public need. 14. Identified by staff as inconsistent with existing zoning patterns. 15. Unsubstantiated in conceivable or hypothesized factual basis for altering existing land use plan 11 PLANNING & ZONING COMMISSION JUNE 26, 1997 PAGE 5 Public Hearing Mr. Quik of Texas (Agenda Item IVl Chairman Kelley read the agenda item into the record as follows "Public Hearing - Consider a request by Mr. Quik of Texas, Inc. for a Specific Use Permit for Gasoline Sales on the front portion of the property, being Lot 2 of Mr. Quik #2 Addition to the City of Allen, Collin County, Texas; further described as being located east of S.H. 5 between Hightrail Drive and Ridgemont Drive. The property is currently zoned Planned Development - Shopping Center No. 4 " Ms Diamond presented the request to the Commission. The request is for a Specific Use Permit for gasoline sales on property that has been vacant for over 10 years. The property will be required to be brought up to current City codes Ms Diamond discussed the existing and future circulation patterns. This includes future joint access between this property owner and the owners to the south and north when S.H. 5 redevelops. Staff and the property owner to the north requests that the Commission include an amendment to the site plan notation that "the centerline of the drive will be on the common property line between Dr. Wilson's property and the Mr. Quik property Commissioner Heller questioned the parking being provided and indicated that the required distance from the pump island to the nearby parking spaces appears to be insufficient. a Mr. Joe King, 500 West Main, Allen, Texas, addressed this issue and indicated that the pump islands can be moved to accommodate proper maneuvering space. Chairman Kelley opened the public hearing. Mr. Don Snyder, 1018 Hawthorne, spoke against the request. He expressed problems with foot traffic through his property and vandalism on his property when this business was open previously He stated there is no buffer zone between his property and this property Ms. Gloria Hazelton, Realtor for this transaction, spoke in favor of the request. She stated that the vacant property has been a magnet for vandalism and other non-productive activity She indicated that this would eliminate an existing nuisance The request represents only the front portion of a one -acre lot. The gasoline sales will be adjacent to S.H. 5. She advised that the gasoline tanks have been approved for use. She feels the request is compatible with the historical use of the property With no one else wishing to speak for or against the request, Chairman Kelly closed the public hearing. The Commission discussed the condition of the gasoline tanks and the possible relocation of the pump island. Staff was requested to verify that a tanker truck can access the property at this time, and again when the drives are reconfigured with the development of S.H. 5. �', Ms. Hazelton indicated that the TNRCC is requiring pressure testing and specific conditions on the PLANNING & ZONING COMMISSION JUNE 26, 1997 PAGE 6 approval of the tanks, and that the environmental tests have been completed and approved. The Commission further expressed concern regarding the existing tanks. They were advised that the Fire Marshal has had no negative comments regarding the site plan. Ms. Hazelton indicated that the tanks will go through a cathodic process which is a condition of the TNRCC. The Commission discussed Mr. Snyder's concerns with regard to vandalism and the need for buffering Mr. Conner discussed the possibilities of fencing behind the property across the drainage easement. Ms. Hazelton indicated that the shopping center zoning has made the marketing of this property difficult because the lots are so deep. The Commission discussed the requirement for screening commercial property from residential. Ms. Diamond indicated that if the use were adjacent to the single family an 8 -foot screening wall would be required. Commissioners indicated that the property line of this property is adjacent to the single family property in that it is platted as a single lot. The Commission discussed the possibility of requiring a screening wall at the rear of the budding The Zoning Ordinance indicates that the screening wall shall be placed at the rear property line. Commissioner Heller suggested that staff work with the proponent, and the homeowner who spoke at the public hearing, to provide a screening wall that would satisfy the situation. Ms. Hazelton discussed the problems associated with screening along a drainage easement Ms Diamond indicated that the request had been reviewed by the Technical Review Committee (TRC), however, the site plan will be further reviewed for compliance by the Plan Review Division at the time of budding permit The Commission discussed future access to the rear of the property, and Ms. Hazelton indicated that there is a 30 -foot area available on the south for future access to the rear of the property MOTION: Upon a motion by Commissioner McGregor and a second by Commissioner Obermeyer, the Commission voted 7 FOR and 0 OPPOSED to approve the request for Specific Use Permit with site plan approval with the following conditions: 1) the centerline of the south drive cut will be located on the mutual property line a minimum 15 foot width on each property; 2) when curb cuts are reconstructed with S H. 5 widening, the landscape area is to be continued; 3) proponent will work with staff and staff will review tanker truck locations and maneuverability; 4) All TNRCC requirements will be complied with; 5) the proponent and staff will work with adjacent homeowners to provide proper screening requirements. 11 PLANNING & ZONING COMMISSION JUNE 26, 1997 PAGE 7 Preliminary Plat Enterprises Addition Block 1, Lot ID -1 & ID -2 (Agenda Item V) Commissioner Mark Pacheco had filed a conflict of interest statement on Agenda Items V and VI and removed himself from the bench at this time Chairman Kelley read the agenda item into the record as follows: "Preliminary Plat - Consider Preliminary Plat approval for Intecom, Inc. for Block 1, Lot 1D- 1 and Lot 1D-2 Enterprises Addition No. 2, being 16.254 acres of land out of the Rufus Sewell Survey, Abstract No. 875, City of Allen, Collin County, Texas: further described as being located east of Enterprise Dr and north of Ridgemont Dr." Ms. Diamond presented the request to the Commission. This is a 16± acre tract located between Enterprise and the Southern Pacific Railroad. The preliminary plat represents two lots in Block D Commissioner McGregor discussed the tree survey and noted that many of the trees shown will be removed for construction of the pavement areas. Ms. Diamond indicated that they will be replaced in accordance with the Zoning Ordinance requirements. Commissioner McGregor discussed the drainage easement and Mr Conner indicated that a retention pond will be located on this property Mr Allen Greer, Freese & Nichols, addressed the drainage issues and Ms Diamond provided a signed i copy of a letter from Lyrick Corporation expressing agreement with the drainage issues. MOTION: Upon a motion by Commissioner Heller and a second by Commissioner Bartlemay, the Commission voted 6 FOR and 0 OPPOSED to approve the Preliminary Plat for Enterprises Addition #2 Block 1, Lot 113-1 and 1D-2. Final Plat Enterprises Addition Block 1, Lot 1D-1 (Agenda Item VI) Chairman Kelley read the agenda item into the record as follows: "Final Plat - Consider Final Plat approval for Intecom, Inc. for Block I, Lot 1D-1 Enterprises Addition No 2, being 10.571 acres of land out of the Rufus Sewell Survey, Abstract No. 875, City of Allen, Collin County, Texas; further described as being located east of Enterprise Dr and north of Ridgemont Dr." Ms. Diamond presented the request to the Commission. This final plat is in conformance with the previously approved preliminary plat. Off-site drainage issues have been addressed. Mr Dave Noble, Trammell -Crow, indicated that this proposal represents the final plat for a two-story office budding Mr. Robert McFarland, Trammell -Crow, indicated that they have met with Lyrick regarding the drainage issues and the letter from Lyrick is in response to these issues. MOTION: Upon a motion by Commissioner Bartlemay and a second by Commissioner Heller, the Commission voted 6 FOR and 0 OPPOSED to approve the request for final plat for Enterprises Addition #2, Block 1, Lot ID -1. PLANNING & ZONING COMMISSION JUNE 26, 1997 PAGE 8 Tattoo Studio New and Unlisted Use (Agenda Item VII) Chairman Kelley read the agenda item into the record as follows: "New and Unlisted Use - Consider New and Unlisted Use for Tattoo Studio." Ms. Diamond presented the issue to the Commission. Staff is recommending a resolution be forwarded to the City Council indicating that a Tattoo Studio is a new and unlisted use, and allowing it by Specific Use Permit in General Business Districts and as defined in Planned Developments. The Commission discussed the distance measurements noted in the proposed resolution, and concluded that the distance should be noted as 1,000 feet from all specified uses rather than 300 feet from specific uses. MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Pacheco, the Commission voted 6 FOR and 0 OPPOSED to forward the proposed Resolution to City Council with a change to Section 2 to read "1,000 feet for all listed uses " Staff Direction Regarding Amendments to Zoning Ordmance (Agenda Item VIII) Chairman Kelley read the agenda item into the record as follows: "Provide staff direction regarding possible amendments to Comprehensive Zoning Ordinance No. 1425-5-96 and direct staff to set public hearing date." Ms. Diamond discussed specific concerns regarding temporary sales of seasonal products She provided a staff proposal of possible amended language to the Temporary Use Permit section of the Zoning Ordinance regarding seasonal products. In the proposal, temporary sales of seasonal products would be permitted only by the merchant holding the Certificate of Occupancy on the property. Charitable, religious, and service organizations are not regulated. Discussion was held that possibly restrictions should be pm in place that allow certain types of sales. Possible increase in the fee would be appropriate, with a higher fee for renewals. There was discussion of a possible unfair advantage to established businesses. Further discussion was held regarding the need to add mobile services, such as MRI screening trailers, and adding a length of time requirement for that use Ms. Diamond reviewed two additional proposals, one being the removal of the text in the Purpose paragraph of the District sections which indicates that a certain density should be achieved in this district, and the other is to eliminate the requirement for public schools to request a SUP Commissioner Pacheco indicated that he did not agree that schools are not required to acquire zoning and requested this be researched further. Staff was requested to place this item on the next agenda for further discussion. PLANNING & ZONING COMMISSION JUNE 26, 1997 OTHER BUSINESS. PAGE 9 Ms Diamond indicated that the Council has indicated that they will be reconsidering the Custer/Hedgcoxe 25 -acre zoning request, and will be returning it to the Commission for reconsideration. The Commission requested that they be provided with copies of the previous Commission minutes and the City Council minutes, including their findings. Ms Diamond reviewed the upcoming agenda. ADJOURN: MOTION: Upon a motion by Commissioner Obermeyer and a second by Commissioner Pacheco, the Commission voted 6 FOR and 0 OPPOSED to adjourn the June 26, 1997, meeting at 10:000 P.M. These minutes approved this /Q C4 day of , 1997 Jeffry W, Vice -Chairman Ross meyer, Secretary