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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1997 - 10/09 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING October 9, 1997 ATTENDANCE: Commission Members Presenk Jeffery Kelley, Chairman Ross Obermeyer, Vice -Chairman Pamela Smith, Secretary Jeff McGregor Susan Bartlemay Paul Penny Commission Members Absent: Mark Pacheco City Staff Present: Bill Petty, Director Community Development �Sally Leeper, Administrative Assistant George Conner, Director of Public Works Dan Tracy, Civil Engineer CALL TO ORDER AND ANNOUNCE A OUORUM: With a quorum of the Commission members present, the Allen Planning & Zoning Commission was called to order at 7:30 p.m. by Chairman Jeffery Kelley, at the City Council Chambers, Allen Library, Two Allen Civic Plaza, Allen, Texas Election of Officers (Agenda Item II) Chairman Kelley read the agenda item into the record as follows: "Election of Officers - Chairman, Vice -Chairman, Secretary " Chairman - Commission Member Obermeyer nominated Jeff Kelley for the office of Chairman. The nomination was seconded by Commission Member McGregor. With no other nominations, Jeff Kelley was elected Chairman by acclamation. I PLANNING & ZONING COMMISSION OCTOBER 9, 1997 PAGE 2 Vice -Chairman - Commission Member Smith nominated Ross Obermeyer for the office of Vice - Chairman. The nomination was seconded by Commission Member Bartlemay With no other nominations, Ross Obermeyer was elected Vice -Chairman by acclamation. Secretary - Commission Member Penny nominated Susan Bartlemay for the office of Secretary. Commission Member Obermeyer nominated Pamela Smith for the office of Secretary A written vote was taken, with a result of 3 votes for each candidate. With no decision given, this item was appear on the October 23, 1997, agenda. Consent Agenda (Agenda Item IID Chairman Kelley read the consent agenda into the record as follows: "Consent Agenda A. Approve Minutes of September 25, 1997, Regular Meeting. MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Bartlemay, the Board voted to 6 FOR and 0 OPPOSED to approve the Consent Agenda. Tabled Item Buckingham Business Park (Agenda Item IV) Chairman Kelley read the agenda item into the record as follows: "Tabled Item - Consider a request from Paul Mann, owner, for Buckingham Business Park, to rezone from Agriculture -Open Space (A -O) and place permanent zoning of Planned Development Garden Office (PD -GO). The property is described as being 5.309 acres of land situated in the Henry Wetsel Survey, Abstract No 1026, City of Allen, Collin County, Texas, also described as Tract 1 of Buckingham Polo Club Estates, an unrecorded subdivision in Collin County, Texas; further described as being located at the southeast comer of S.H. 5 and Buckingham Lane. Chairman Kelley reviewed a letter from the proponent requesting that this item remain on the table until the October 23, 1997 meeting, and no action was taken. PLANNING & ZONING COMMISSION OCTOBER 9, 1997 PAGE 3 Preliminary Plat Twin Creeks 3C (Agenda Item V) Chairman Kelley read the agenda item into the record as follows: "Preliminary Plat - Consider preliminary plat approval for Twin Creeks Partners, LP For Twin Creeks Phase 3C, being 39.4 acres out of the lames W Parsons Survey, Abstract No. 704, City of Allen, Collin County, Texas; further described as being located south of Exchange Parkway and west of Alma Drive." Mr. Bill Petty presented the request to the Commission. Mr. Brad Myer, Carter & Burgess, requested that the Commission allow flexibility in the design of this subdivision with respect to the possible deletion of the alley north of Salado Drive. The removal of this alley would dictate front entry drives on those lots Mr. Petty indicated that alleys are not required; however, staff was not aware of this change in the submission. He indicated that although staff had not seen this request for elimination of the alley, in this particular case he did not see a problem; however, in the future he would prefer for staff to have the opportunity to review changes of this nature prior to approval by the Commission The Commission discussed the tree survey and recognized that some of the trees will be removed due to the construction of streets. Mr. Myer stated that he would like to have information as to whether the Commission would approve the deletion of the alley It would affect Block B, Lots 4-9 and 12-16, and Block A, Lots 3-7 The Commission indicated that they would agree to the removal of the alley, after a full staff review MOTION: Upon a motion by Commission Member Penny and a second by Commission Member Smith, the Commission voted 6 FOR and 0 OPPOSED to table the request for preliminary plat for Twin Creeks 3C pending staff review and the revised drawing. PLANNING & ZONING COMMISSION OCTOBER 9, 1997 PAGE 4 Public Hearing Nestled Place (Agenda Item VD Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request by Sumeer, Inc. for Harlan Properties, Inc to amend Planned Development No. 3 to allow for the development of single-family and office uses in the existing Multi -family tract, being 7 3037 acres of land in the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas; further described as being located on the west side of S.H. 5, approximately 270.86 feet north of Prestige Circle. Mr Petty presented the request to the Commission. The property is zoned Planned Development -Multi- family No. 3. The request is to change the zoning to Garden Office along S.H. 5 with residential to the interior of the lot, utilizing a private drive for access. He reviewed the differences from the Zoning Ordinance with regard to height limitations and setbacks, and the use of a private rather than a public street. He further indicated that the required open space of .7 acres is not offered, but rather .29 acres. Mr. Petty indicated that the request at this public hearing is for a change to the land use; however, the proponent will provide a concept plan for information purposes only Chairman Kelley opened the public hearing and the following persons spoke for or against the request. Carl Crowley, representing Sumeer, Inc , the proponent, reviewed the request. He discussed the current zoning, which allows 12 multi -family units per acre He explained the private drive would be maintained by the homeowner's association. He indicated they are proposing two entrances to the property, as requested by the Fire Marshal He stated the minimum house size is proposed to be 1,000 square feet These homes would be single family detached. Tony Crouse, James A. Lewis, representing Allen Business Centre, stated that a meeting had been held shortly before this public hearing to discuss screening requirements between this property and the adjacent properties. He is concerned about the additional pressures on his light industrial development by the landowners in the proposed development as opposed to pressures that would be brought by tenants of multi -family He expressed concern regarding the need for two points of access. He added that he would prefer to see the concept plan to further understand what is planned for this development. He expressed concern regarding the proposed 20 -foot setback for the Garden Office tract and discussed the requirement for a 100 -foot greenbelt that is placed on his light industrial tract. He summarized by stating that 1) they agree to the garden office; 2) within the single family area the screening between that and their light industrial should be addressed; 3) identification should be made of visibility to the light industrial use; 4) concerns of the Fire Marshall should be adhered to; 5) a more detailed plan should be required Phillip Dennis, 206 Willow Creek Circle, a member of the Architectural Control Committee of the Willow Creek Estates, indicated he would like to see a detailed concept plan. He expressed concern about the small yards adjacent to Willow Creek and the light industrial property He discussed the fact that this request would be placing minimum homes behind $200,000 properties. He suggested that these PLANNING & ZONING COMMISSION OCTOBER 9, 1997 PAGE 5 minimum homes might not support a homeowner's association, which will be needed to maintain the private drive. He understands the property is zoned multi -family and would prefer to leave at that unless a specific concept plan is reviewed and approved. He would prefer to see standard garden homes He discussed the existing living screen along the southern boundary of Willow Creek. Pete Peabody, 304 Willow Creek Circle, addressed concerns regarding the two entrances along S.H. 5. He is concerned about the reduction to 175 -foot spacing. He does not feel this request is an improvement to the existing MF zoning, and stated he was opposed to the request. Tom Woodrock, 200 Willow Creek Circle, stated he was opposed to the request. He would prefer to leave the multi -family in place because that was the zoning on the property when he purchased his home. Gary Campbell, 305 Willow Creek Circle, indicated he would prefer to see a concept plan since the request represents a number of variances to the zoning ordinance. Ron Sand, 214 Willow Creek Circle, expressed concern that this property will not be maintained properly. He is opposed to the change in zoning unless a concept plan could be presented. Roger Robbins, 210 Willow Creek Circle, expressed concern regarding property values. He is concerned about the size of the homes since the proposal is so different from his street. Randy Marble, 302 Willow Creek Circle, would request that it be stated specifically what type of barrier would be allowed between the new development and the Willow Creek development Greg Cook, 218 Willow Creek Circle, was opposed to this size home being placed adjacent to his development. He is opposed to the request. Chairman Kelley closed the public hearing. Mr. Crowley indicated that they agreed with the fire marshal regarding the two entrances to the development. He displayed the proposed concept plan; however, indicated it was not part of the request, and provided for information purposes only. He offered to construct a 6 -foot wood fence adjacent to Willow Creek Estates. He discussed the fact that the minimum 1000 -sq. ft. homes was a minimum requirement, and their intention was to build mostly 1200 sq. ft. homes. He stated that a suggested price range would probably be $90,000 to $100,000 or above. Mr. Petty indicated that the concept plan would not be adopted as part of the zoning, but this would be considered at the time of platting. He stated that the product will have to meet City standards; 75% masonry, and be built in accordance with the adopted zoning. The Commission discussed issues related to the variances being requested from the standard zoning districts. They discussed possible comparison to the Townhouse District. They discussed the proposed lot depths and setbacks proposed Commission Members reviewed the requirement on the light industrial tract for the 100 -foot greenbelt, and noted that this requirement is not currently placed on the multi -family tract. They discussed the request for the private drive to be maintained by the homeowner's association. Repairs will have to be kept to City standards There was concern that the homeowner's L PLANNING & ZONING COMMISSION OCTOBER 9, 1997 PAGE 6 association might not have the funds to maintain this private drive, and the Commission questioned the City's alternatives if repairs were not kept up. It was noted that this development would be an "island" to its own in this location, whereas a multi -family development is naturally an "island" to its own. Commissioners noted that this type of product is needed in Allen; however, it was felt that this is not the proper location for it, given the variances that are being requested. It was noted that possibly a townhouse development would be appropriate. Commissioners further noted that the use of garden office in this area might be an appropriate use of the property Mr. Crowley indicated that if this request is not approved, then the owner will most likely sell the property for a multi -family development. MOTION: Upon a motion by Commission Member Bartlemay, and a second by Commission Member Penny, the Commission voted 6 FOR and 0 OPPOSED to deny the request by Sumeer Homes to rezone the multi -family tract of Planned Development No. 3 FINDINGS 1. The proposed open space does not meet the ordinance requirement 2. The garden office setbacks from S.H. 5 are short of the standard requirement. 3. Allowing parking in the setback was a concern. 4. The setback along the northern edge of the garden office adjacent to Willow Creek Estates did not meet ordinance requirements. 5 The setback in the single-family area between this development and Willow Creek Estates did not meet standards requirements. 6. Screening concerns were expressed. 7 A private drive is undesirable because of maintenance issues. 8. Concerns were expressed regarding future neighborhood issues related to the incompatibility of this development to adjacent properties. 9 It was noted that this development would become an "island," unlike any of the surrounding zoning. 10. The change in zoning from multi -family to the proposal was not positive. I l The less dense nature of this proposal as compared to multi -family would be appropriate if other concerns could be addressed 12. The garden office buffer would have been an appropriate transition. PLANNING & ZONING COMMISSION OCTOBER 9, 1997 PAGE 7 Public Hearing Teen Zone. Inc. (Aeenda Item VII) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request by Transpacific Interests for Teen Zone, Inc. for a Specific Use Permit to allow a teen club in an existing shopping center known as Allen Heights Shopping Center Addition to the City of Allen, Texas, Suites 220 and 230: further described as 1201 East Main Street, Allen, Texas." Mr. Petty presented the request to the Commission. He discussed the proposed floor plan, and indicated that the site plan represents Suites 220 and 230 of the Allen Heights Shopping Center. This use is allowable in the Shopping Center District with a Specific Use Permit. Laura Tennyson, 720 Bluebonnet, the proponent, indicated that she sees a need for a place for teen- agers to gather She proposes a controlled -entry business using proof of student ID as an entrance requirement. Adults will only be allowed to stay for 30 minutes to 1 hour Dings, smoking, and alcohol will not be allowed. She intends to close the business 1 hour prior to City curfew Chairman Kelley opened the public hearing. With no one wishing to speak for or against the request, Chairman Kelley closed the public hearing. The Commission discussed issues relating to the cost of admission, and how the rules would be enforced. Ms. Tennyson indicated that at some time in the future, she intends to hire an off-duty police officer. She plans to have 4 adult employees, with student volunteers. The Commission expressed concern about combining 0 grade with the 10Y'-12" graders, and concern about parking lot controls John Price, 720 Bluebonnet, son of the proponent, indicated that he works at CiCi's Pizza, and noted that many of the Allen students stay there a lot, but do not "hang out" in the parking lot Commissioners discussed issues such as proposed dress codes, whether there were any organizations behind this endeavor, the use of senior citizens to police the students las noted in the proponent's letter), parking lot issues, and lunitations of parking spaces in the shopping center, and the need for security to be provided They questioned whether input was available from the Allen Police Department and/or the AISD regarding this use. It was noted that the maximum occupancy of the space was 200. The plumbing codes were discussed and it was noted that the code requires bathroom facilities based on the number of employees. It was noted that any approval should be set to expire with vacation of the teen club facility Specific hours of operation were discussed, with the question of whether it would be appropriate to place hours of operation regulations on the permit. They further discussed security options, and suggestions were made to require a uniformed certified security officer on Friday and Saturdays. The proponent was questioned as to whether she would like to research the security issue further, and she indicated that she was willing to commit to having a uniformed security officer on duty on Friday, 11 L PLANNING & ZONING COMMISSION OCTOBER 9, 1997 PAGE 8 Saturday, and holidays. It was noted that input would be appreciated from the Allen Police Department and the AISD regarding the issues of security Mr. Petty recommended that the proponent discuss this issue with the SRO officer and request input from him. Commission Member Obermeyer indicated he would also like to receive input from the AISD. Ms Tennyson indicated that any delay would place a hardship on her MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Smith, the Commission voted 6 FOR and 0 OPPOSED to table the request for Specific Use Permit for Teen Zone, Inc. and request information regarding security provisions from the Allen Police Department and the AISD. OTHER BUSINESS Chairman Kelley reminded the Commission Members of the December appreciation dinner to be held December 3, 1997, at 7:00 p.m. Mr Petty provided information regarding an upcoming seminar, and advised the joint subcommittee of the Council and Commission is scheduled to meet on October 20 at 11.30 Commission Members Obenneyer and Smith are members of this subcommittee. Mr. Petty indicated that future packets will be delivered on Mondays as a rule, and on Friday only if available. noffi m MOTION: Upon a motion by Commission Member Obeimeyer and a second by Commission Member McGregor, the Commission voted 6 FOR and 0 OPPOSED to adjourn the October 9, 1997, meeting at 11.00 p.m. r _,q_ These minutes approved this o?3 day of V Y.�i2n� , 1997 Jeff Kelley, Chairman _. va �/' 5....i "r� 1 Secretary