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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1997 - 10/23 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING October 23, 1997 ATTENDANCE: Commission Members Present Jeffery Kelley, Chairman Ross Obermeyer, Vice -Chairman Pamela Smith, Secretary Jeff McGregor Susan Bartlemay Paul Penny Mark Pacheco Commission Members Absent: City Staff Present Bill Petty, Director of Community Development Marcie Diamond, Senior Planner George Conner, Director of Public Works Sally Leeper, Administrative Assistant CALL TO ORDER AND ANNOUNCE A QUORUM: 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 Officer (Agenda Item ID Chairman Kelley read the agenda item into the record as follows: "Election of Officer - Secretary." Secretary - Commission Member Oberrneyer nominated Pamela Smith for the office of Secretary The nomination was seconded by Commission Member McGregor. Commission Member Penny nominated Susan Bartlemay for the office of Secretary With no second to the nomination, Pamela Smith was elected to the office of Secretary PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 2 Consent Agenda (Agenda Item III) Chairman Kelley read the consent agenda into the record as follows: "Consent Agenda A. Approve Minutes of October 9, 1997, Regular Meeting. MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member McGregor, the Board voted to 7 FOR and 0 OPPOSED to approve the Consent Agenda. Tabled Item Teen Zone Inc. (Agenda Item IV) Chairman Kelley read the agenda item into the record as follows "Tabled Item - 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." MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Smith, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item IV from the table. Ms. Marcie Diamond reviewed the request with the Commission. Staff has discussed issues of concern expressed by the Commission at the public hearing with Acting Police Chief Mike Stephens He noted concerns with activities that could occur outside the facility such as loud noises, smoking, and other nuisances. He felt it would be very important to have a security employee on the property from the day it opens. He had concerns regarding liability insurance. No information has been received by staff from the Allen Independent School District (AISD). Officer Tara Fletcher was available for questions Commission Member Bartlemay questioned whether it was the responsibility of the proponent to enforce the law regarding possession of tobacco. Officer Fletcher stated that the possession of tobacco was the biggest concern; and the reason the police department is requesting security personnel The property owner will have liability in this area; inside as well as outside. Commissioners questioned how this law will be enforced at other locations in Allen; such as the library, Allen High School, or any other parking lot. Officer Fletcher indicated that citations will be issued. She indicated other locations should post signs and request that the teens remove the tobacco products. Officer Fletcher stated that it will be up to the police department to enforce the law; however, there will be civil liabilities for the proponent. This would apply equally anywhere in the city Officer Fletcher indicated there will be a need for supervision in the parking lot loitering is not allowed. Commission Member McGregor questioned the proponent regarding security provisions Ms. Lora Tennison, applicant, has notified the police department that she will be hiring officers from the Allen Police Department if available from the day she opens. If Allen officers are not available, Plano or other officers PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 3 could be hired; however, they have no jurisdiction in Allen. This would be the same as a security guard. Security agencies have been contacted regarding their rates. She plans to have security guards on Friday and Saturday evenings and has discussed her invitation to officers on duty to stop by anytime. Ms. Tennison stated that customers will be required to sign a statement regarding smoking, drugs, and gang activity. She provided a copy of the agreement. She further stated that she is purchasing a $3,000,000 liability policy She added that adult access to the facility will be limited. She indicated that it is her understanding that she cannot force compliance with the law in the parking lot; however, she will request compliance. Commission Member McGregor indicated that a cover fee would be appropriate to discourage the parking lot activities with in/out patrons. Ms Tennison indicated she has spoken to church and community leaders and provided letters of support from Allen Heights Baptist Church, Dr. Joe Farmer, and other church leaders in Allen. She indicated she had spoken to officials at AISD and they have indicated that they cannot take a stand because of liability issues. Commission Member Bartlemay indicated she had visited with citizens from the Community Advisory Council who indicated that there is a need for this type of business in Allen. Commission Member Pacheco questioned the number of expected patrons. Ms. Tennison stated that although the building has a capacity of 200, she will be limiting access to 175. She offered the following hours of operation. 3 p.m. school days to 1 hour before curfew Security guard on duty from 5:30 to 11.30 p m. on Friday and Saturday Friday, close 1 hour before city curfew Saturday, 10 am to I 1 p to Sunday, 2pm to 6 p.m., or possibly not open at all. She indicated that she intends to have a manager, 4 employees, and adult volunteers. Regarding a dress code, it will be up to the management to determine the appropriate dress code Probably no one under 25 will be hired Commission Member Smith clarified that a security guard will be on duty all Friday and Saturdays. Her three concerns are 1) capacity, 2) hours of operation, 3) security The Commission discussed whether a possible motion should specify specific hours of operation and indicate 1 hour before curfew. Ms. Tennison requested that the hours be tied to school days She would like to open earlier in the summer. Commission Member Obermeyer indicated he would not have a problem with summer hours. Commission Member Smith suggested that "during school hours, business would not begin prior to 3 p.m., and it would close I hour prior to curfew Commission Member McGregor suggested adding "if this business ceases to operate, the Specific Use Permit would be terminated." Commission Member Obermeyer encouraged the proponent to associate an entrance fee to the business. Commission Member Bartlemay indicated that a concern had been expressed to her about teens from other towns, and the possible need to admit out-of-town teens only if accompanied by an Allen teen. PLANNING & ZONING COMMISSION { OCTOBER 23, 1997 PAGE 4 Commission Member Smith questioned the following issues: 1) hours of operation should not be prior to 3 p m on AISD school days; 2) security personnel shall be provided on Friday and Saturday evenings at a minimum; 3) capacity should be limited to 175; 4) the Specific Use Permit should be limited to this business only, and with vacation of this business it should be terminated MOTION, Upon a motion by Commission Member Smith and a second by Commission Member Bartlemay, the Commission voted 7 FOR and 0 OPPOSED to approve the request for Specific Use Permit for a teen club at the Allen Heights Shopping Center, Suites 220 and 230, with the following stipulations: 1) hours of operation (open to customers) shall not be prior to 3:00 p.m. on Allen Independent School District school days, and closing shall be one hour prior to Allen curfew, 2) security personnel shall be provided at a minimum of Friday and Saturday evenings during hours of operation; 3) capacity shall be limited to 175; 4) the Specific Use Permit shall expire with vacation of the premises by a teen club. FINDINGS 1. Security issues were addressed adequately 2. The proponent is addressing an obvious need in the City of Allen 3. Hours of operation were addressed 4. Capacities were addressed. 5. Liability was addressed. 6. Issues of common area was not a requirement of the proponent to address; it is not the proponent's responsibility to enforce the law outside her establishment. 7 Commissioners advised the proponent to limit the in/out traffic by use of an entrance fee or some other method "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 I 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. MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member McGregor, Agenda Item V was removed from the table. Ms. Diamond reviewed the request with the Commission. She reviewed the revisions that had been provided to staff as follows: I. Use and area regulations were revised. 2. Perimeter treatment was revised 3. Front yard was increased to 100 feet with parking allowed within 50 feet of building line. 4. Drive cuts on Buckingham Lane were limited to one. 5. A median break is shown on S.H. 5 at the southern entrance. 6. Certain uses were eliminated—day care for children, day care for disabled or elderly, drug store, installation of radio, microwave or radio tower, and retail stores. Ms. Diamond indicated letters were included in the packets both for and against the request. She indicated that in the event this is forwarded to the Council and 20% of the surrounding property owners are opposed, then a'/. vote at Council would be required to confirm this recommendation. Mr. Paul Mann, applicant and owner of the property, indicated he had a letter from some of the homeowners within 200 feet in support of the request and provided copies to the Commission Members. He indicated he has owned this property since before 1991, prior to construction of the utilities along Buckingham Lane. He has paid his share of that assessment. He stated he has made the changes requested on the site plan. He has attempted to meet with the homeowners to address their concerns, and has responded to the concerns that had been provided to City staff. He displayed a concept plan for information purposes representing his vision of developing the property. He is proposing a residential look with small, separate buildings. Commission Member McGregor indicated that the homeowners would prefer to see this property develop as residential; he questioned whether Mr. Mann had been contacted regarding developing this land as residential. Mr. Mann indicated he had been contacted by a church in 1992 and a recent inquiry to determine if the property is for sale He had not pursued either of these inquiries. PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 5 Tabled Item Buckingham Business Park (Aeenda Item V) 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 I 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. MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member McGregor, Agenda Item V was removed from the table. Ms. Diamond reviewed the request with the Commission. She reviewed the revisions that had been provided to staff as follows: I. Use and area regulations were revised. 2. Perimeter treatment was revised 3. Front yard was increased to 100 feet with parking allowed within 50 feet of building line. 4. Drive cuts on Buckingham Lane were limited to one. 5. A median break is shown on S.H. 5 at the southern entrance. 6. Certain uses were eliminated—day care for children, day care for disabled or elderly, drug store, installation of radio, microwave or radio tower, and retail stores. Ms. Diamond indicated letters were included in the packets both for and against the request. She indicated that in the event this is forwarded to the Council and 20% of the surrounding property owners are opposed, then a'/. vote at Council would be required to confirm this recommendation. Mr. Paul Mann, applicant and owner of the property, indicated he had a letter from some of the homeowners within 200 feet in support of the request and provided copies to the Commission Members. He indicated he has owned this property since before 1991, prior to construction of the utilities along Buckingham Lane. He has paid his share of that assessment. He stated he has made the changes requested on the site plan. He has attempted to meet with the homeowners to address their concerns, and has responded to the concerns that had been provided to City staff. He displayed a concept plan for information purposes representing his vision of developing the property. He is proposing a residential look with small, separate buildings. Commission Member McGregor indicated that the homeowners would prefer to see this property develop as residential; he questioned whether Mr. Mann had been contacted regarding developing this land as residential. Mr. Mann indicated he had been contacted by a church in 1992 and a recent inquiry to determine if the property is for sale He had not pursued either of these inquiries. PLANNING &, ZONING COMMISSION OCTOBER 23, 1997 PAGE 6 Chairman Kelley questioned whether there was anyone in the audience wishing to speak to the Commission. Mr. Mike Tanklin, 301 N. Greenville, #96, indicated he has purchased property to the east of this acreage. He submitted his name to the previously received petition. He expressed concern regarding the building backing to his property He is concerned about two-story buildings, and the possibility of people looking into his back yard. He is concerned about traffic on Buckingham Lane and would like to eliminate Buckingham Lane as access. Commission Member Bartlemay indicated that any of the office buildings within 80 feet will not have windows on the back side. Mr. Tanklin was also concerned about a possible balcony in this 2nd story area. He requested that there be no entrances at the rear. He indicated he would like the remaining drive out on Buckingham Lane be removed. Ms. Billie West, 70 Buckingham Lane, has lived on this property since 1979 She objects to the drive cut on Buckingham Lane. Mr. Michael Perkins, 140 Buckingham Lane, requested that the drive cut on Buckingham Lane be eliminated. He indicated he felt if this were removed, then the proponent would not be required to concrete Buckingham Lane The proponent indicated he would be willing to close this drive cut if he does not have to pave his portion of Buckingham Lane. Mr George Conner, Director of Public Works, commented that the Subdivision Ordinance requires developers to bring substandard roads up to standard. Be indicated that the residences are being allowed to develop without bringing this street up to standard, and if the proponent is not going to use it, he does not have a problem with waiving this requirement. If this requirement is eliminated, it would have to be with the understanding that the regulations of the Subdivision Ordinance are not being satisfied. Ms. Diamond indicated that this drive cut is not necessary for proper traffic flow to the development. Mr. Woody Wells, 1502 N. Greenville, indicated that he has no objections to this request. He was in favor of the proposal. Ms Barbara Shelgren, 1500 N Greenville, stated that she agrees with the proposal. She likes the flexibility in design and maintaining the neighborhood quality. Commission Member Smith questioned whether the persons signing the petition were in the audience and whether they were aware of the changes proposed to the request since the public hearing. Mr. Perkins indicated a number of the residents who signed the petition were in the audience, and their desire is that this property remain as a part of Buckingham Estates to be developed as residential. A number of the audience raised their hands in agreement PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 7 Mr. Mann indicated he will not build residential on this property; however, if he did desire to do so, the Agriculture -Open Space (A -O) zoning currently on the property would allow him to build with a 25 -foot rear yard, and construct a 2 %-story building, with no regulations on windows adjacent to the property to the east. Commission Member Smith questioned the front yard regulations which indicate 100 feet; she indicated that this should read the same as the Zoning Ordinance for Garden Office with regard to "adjacent to any street with right-of-way of 100 feet or more. She suggested the language regarding in the front yard setback should read "shall not within 50 feet from the street line " She indicated that this request is not in conformance with the Land Use Plan; she is considering compatibility to the residential property to the east. She would like to see a consensus between the homeowners and the proponent. Otherwise, she considers this request a convenience to the property owner. Commission Member Penny stated that traffic on Buckingham Lane has been addressed; and concessions have been made between the proponent on several issues. Some of the surrounding property owners have indicated agreement to the proposal. He is in agreement with the request. Commission Member Obermeyer indicated that the proponent has met the issues addressed at the public hearing, except the issue of developing the property as residential or leaving it as it is forever. He feels that major concerns have been addressed. Commission Member McGregor expressed the following concerns: 1) according to the Comprehensive Plan, the use is compatible to the adjacent uses; 2) he recognized concerns of residents, but feels that this is a good use; 3) this represents a good buffer between the residential and the major thoroughfare. Commission Member Pacheco indicated that the proponent has attempted to address the concerns of the residents. He feels that this is a good plan for the property and is compatible with residential. Commission Member Bartlemay indicated that the proponent has attempted to address all concerns except for developing the property as residential. She feels that if the Buckingham Lane drive cut is closed, this would accomplish one of the concerns of the residents Chairman Kelley indicated that he felt that the elimination of the use of Buckingham Lane is appropriate for this property. He stated that S.H. 5 is an appropriate location for garden office development He indicated that a median cut is available on S.H. 5. Commission Member Obermeyer questioned whether the third access on Buckingham Lane would be a requirement Ms. Diamond indicated that the fire lanes would be sufficient and this drive cut could be eliminatedt however, the traffic on Buckingham Lane would be opposite of the residential traffic at peak hours. Commission Member Obermeyer indicated that if this access is removed, he would like to remove the requirement for construction of Buckingham Lane. PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 8 Consensus of the Commission Members was that the requirement for construction of Buckingham Lane should be waived, if possible, if the drive cut to Buckingham Lane is removed Mr Conner indicated this could be allowed because the residents were not required to construct it. He indicated that when this road is built in the future, the City will complete the work and all property owners will be assessed, including this proponent. Commission Member Smith commented on items listed in Susan Ruder's letter regarding straight zoning and three-story buildings, and the uses to be allowed. She indicated these concerns had been addressed. She stated that any motion to recommend approval should include the limitation of uses as proposed. MOTION: Upon a motion by Commission Member Bartlemay and a second by Commission Member Pacheco, the Commission voted 7 FOR and 0 OPPOSED to approve the change in zoning from Agriculture -Open Space (A -O) to Planned Development -Garden Office (PD -GO) with the drive cut on Buckingham Lane being eliminated, leaving two entrances on S.H. 5; proponent will not be required to improve Buckingham Lane, and that the following uses be eliminated from the Garden Office use chart day care for children; day care for disabled or elderly; drug store or pharmacy; installation of radio, stereo, cellular phones; radio, TV, or microwave tower; and indoor retail store. In addition, parking shall be permitted beyond 50 feet from S.H. 5, but within the 100 -foot setback. FINDINGS. 1. Garden Office is a compatible use to residential, as suggested by Comprehensive Plan, Table 3.1 2. The proposal provides a buffer between the traffic carrier and the residential neighborhood. 3. An agreement was reached to eliminate some of the standard garden office district uses 4. Agreement was reached regarding two-story buildings, with no windows overlooking residential properties. 5. No additional traffic burden is placed on Buckingham Lane. 6. Not requiring the upgrade of Buckingham Lane is appropriate because the residents have not been required to do so, and the proponent will not be using this lane. 7 The setback issues were addressed, and brought into compliance with the Garden Office district. 8. Trips generated by this project will have minimal impact on the infrastructure. 9 The proponent has attempted to meet every concern of the homeowners in this area. 10. Opposition was voiced that this property should be developed as residential; however, the circumstances above indicated this proposal was appropriate. "Tabled Item - Consider a request from Hossain Makvandi, Owner, for Greenwood Valley Addition, to approve a site plan for a service station with a convenience store The property is described as being 1.033 acres of land out of the Greenwood Valley Installment #1 Addition, Block A. to the City of Allen, Collin County, Texas; further described as being located at the southwest corner of Main Street and Allen Heights Drive." MOTION: Upon a motion by Commission Member McGregor, and a second by Commission Member Pacheco, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item VI from the table. Ms. Diamond reviewed this request. She indicated it was tabled previously at the request of the proponent to make minor changes to the site plan This property is zoned Planned Development No. 33 and includes a Specific Use Permit (SUP) for a service station. This SUP did not include a site plan at the time of approval. The request tonight is for the site plan only The use is already approved through the SUP Traffic issues have been reviewed and approved by the City's traffic consultant. A mutual access easement is provided for adjacent future development. Mr. Josh Josserand was available to speak for the applicant. Chairman Kelley indicated that the landscaping and lighting requirements of the Zoning Ordinance will be followed Commission Member McGregor questioned whether staff was in accord with the fuel dump location. Mr. Josserand indicated that the location of the fuel tanks allowed for access by the fuel trucks without interference with the fire lane. Commission Member Bartlemay reviewed the handicapped parking spaces and Chairman Kelley provided information to the proponent that the State will require a sidewalk from the handicapped spaces to the front door. The location of the proposed sign was discussed and it was indicated that the proponent will conform to the Sign Regulations Ordinance. It was suggested that all references to sign location and size be removed from the site plan, and that requirement will be governed by the Sign Ordinance The location of the dumpster was discussed. It was noted that the fire lane to the south should be extended to the southern property Traffic through the drive-through lane was discussed and possible stacking needs Although the public hearing was held at a previous meeting, Chairman Kelley asked whether anyone in the audience would like to speak regarding this request. Mr. John Montgomery, 1022 Fireside, indicated he lives in the neighborhood and would be in favor of the request. PLANNING & ZONING COMMISSION OCTOBER 23. 1997 PAGE 9 Tabled Item Greenwood Valley (Agenda Item VI) Chairman Kelley read the agenda item into the record as follows: "Tabled Item - Consider a request from Hossain Makvandi, Owner, for Greenwood Valley Addition, to approve a site plan for a service station with a convenience store The property is described as being 1.033 acres of land out of the Greenwood Valley Installment #1 Addition, Block A. to the City of Allen, Collin County, Texas; further described as being located at the southwest corner of Main Street and Allen Heights Drive." MOTION: Upon a motion by Commission Member McGregor, and a second by Commission Member Pacheco, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item VI from the table. Ms. Diamond reviewed this request. She indicated it was tabled previously at the request of the proponent to make minor changes to the site plan This property is zoned Planned Development No. 33 and includes a Specific Use Permit (SUP) for a service station. This SUP did not include a site plan at the time of approval. The request tonight is for the site plan only The use is already approved through the SUP Traffic issues have been reviewed and approved by the City's traffic consultant. A mutual access easement is provided for adjacent future development. Mr. Josh Josserand was available to speak for the applicant. Chairman Kelley indicated that the landscaping and lighting requirements of the Zoning Ordinance will be followed Commission Member McGregor questioned whether staff was in accord with the fuel dump location. Mr. Josserand indicated that the location of the fuel tanks allowed for access by the fuel trucks without interference with the fire lane. Commission Member Bartlemay reviewed the handicapped parking spaces and Chairman Kelley provided information to the proponent that the State will require a sidewalk from the handicapped spaces to the front door. The location of the proposed sign was discussed and it was indicated that the proponent will conform to the Sign Regulations Ordinance. It was suggested that all references to sign location and size be removed from the site plan, and that requirement will be governed by the Sign Ordinance The location of the dumpster was discussed. It was noted that the fire lane to the south should be extended to the southern property Traffic through the drive-through lane was discussed and possible stacking needs Although the public hearing was held at a previous meeting, Chairman Kelley asked whether anyone in the audience would like to speak regarding this request. Mr. John Montgomery, 1022 Fireside, indicated he lives in the neighborhood and would be in favor of the request. PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 10 MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member Smith, the Commission voted 7 FOR and 0 OPPOSED to approve the request for site plan approval with the removal of the sign location, and the extension of the fire lane to the south. FINDINGS: 1. This plan is appropriate for this SUP 2. Delivery of gasoline and circulation is appropriate and well-planned. Tabled Item - Preliminary Plat Twin Creeks 3C (Agenda Item VII) 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 James 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." Chairman Kelley indicated that the proponent had not submitted revisions in time for Technical Review Committee review. The item was not removed from the table. I PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 11 Public Hearing Planned Development No. 54 (Agenda Item VIII) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider request by Janice B. Brittingham to amend Tracts I and 2 of Planned Development No. 54 to allow hospital uses. The property is described as 30.5± acres located in Parcel S of the L. K. Pegues Survey, Abstract 702, and a portion of Parcel 3 of the John Fyke Survey, Abstract 325; and 35.3± acres located in Parcel 12 of the L K Pegues Survey, Abstract 702, and Parcel 6 of the John Fyke Survey; and Lot 1, Block H of the Bray Central One Addition of the City of Allen, Collin County, Texas; further described as being located west of Central Expressway (U.S. 75), north and south of Exchange Parkwav" Ms Diamond presented the request to the Commission. The proponent is requesting to amend the uses in Tracts l and 2 of P.D 54 to allow for a regional ambulatory care center. Ms. Donna Halstead, Masterplan, was available to represent the applicant. Chairman Kelley reviewed the recent resolution adopted by City Council supporting this use. Ms. Halstead indicated that her client (Presbyterian Hospital) is purchasing a portion of Tract 2 (14 acres) in order to construct this facility The use to be constructed immediately (medical clinic) would be allowed in this planned development without this zoning change; however, any future use of overnight stay will require this additional use be allowed. Chairman Kelley opened the public hearing. Mr. John Montgomery, 1022 Fireside, Allen, spoke in favor of the proposal Chairman Kelley closed the public hearing. The consensus of the Commission was that this would be appropriate in this location and that Allen needs the facility Chairman Kelley questioned whether there would be a future need for a helistop. Ms. Halstead indicated that there are no plans for one at this time, but did not know about the future. Commission Member Obermeyer suggested adding the use of helistop by Specific Use Permit to the zoning change for Tracts I and 2. MOTION. Upon a motion by Commission Member Smith and a second by Commission Member Obermeyer, the Commission voted 7 FOR and 0 OPPOSED to approve the request to amend Tracts 1 and 2 in Planned Development No. 54 as requested and to add Helistop as allowable by Specific Use Permit FINDINGS I. There is a need for this use in Allen 2. The location is appropriate for this use. PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 12 Public Hearing Planned Development No. 53 (Agenda Item IX) Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request from D. R. Horton -Texas, Ltd. to amend Planned Development No. 53 (Tract I -Single family) to change the front building line from 25 feet to 20 feet. The property is described as 118.7479 acres of land located in the Mary Standifer Survey, Abstract No 812, City of Allen, Collin County, Texas, further described as being located at the northwest corner of Alma Drive and Exchange Parkway " Ms. Diamond presented the request to the Commission. They are requesting a reduction in the front yard setback from 25 feet to 20 feet. The zoning was originally based on regulations with 25 -foot front yard setbacks. A preliminary plat for the entire project, and a final plat for the first phase, have been approved. The final plat has not been filed at this time; therefore, staff is requesting that any recommendation for approval be accompanied by a direction to staff to void the approved preliminary plat and final plat. Chairman Kelley opened the public hearing. With no one wishing to speak FOR or AGAINST the request, Chairman Kelley closed the public hearing. Mr Warren Corwin, Corwin Engineering, discussed the request. They are attempting to allow for larger rear yards. The Commission questioned whether there was a desire for larger homes or for larger rear yards? Mr. Corwin indicated that the desire is for larger rear yards. This would affect all 365 lots in the planned development. Mr. Corwin offered to increase the rear yard setback from 15 feet to 20 feet. Chairman Kelley indicated that this smaller front yard setback might be a problem with the non -alley front- loaded product. Mr. Steve Topletz, 310 E 130, Garland, D. R. Horton Homes, indicated that this product is being constructed in other areas with the 20 -foot setback. The minimum lot size in this tract is 7500 square feet, consistent with the R-5 zoning district. The consensus of the Commission was that this would be appropriate to meet the market need. MOTION: Upon a motion by Commission Member Bartlemay and a second by Commission Member Obermeyer, the Commission voted 7 FOR and 0 OPPOSED to approve the request to reduce the front yard setback from 25 feet to 20 feet, and to include an increase in the rear yard setback from 15 feet to 20 feet FINDINGS 1. This change in setbacks is appropriate to meet the market need 2. The reduction in front yard setback is outweighed by an increase in the rear yard setback, therefore, the intent of increasing the usable back yards is met without increasing the possibility of larger homes. PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 13 Public Hearing Planned Develonment No. 26 (Agenda Item XI Chairman Kelley read the agenda item into the record as follows: "Public Hearing - Consider a request by Bon Terre -B Ltd. and Episcopal Diocese of Dallas to amend Tract 5 of Planned Development No. 26 (multi -family) to allow 3.5166 acres of Garden Office and 9 4374 acres of Community Facilities, The property is described as Tract A, being 9 4374 acres in the David Nix Survey, Abstract No 668, and Tract B, being 3.5166 acres in the David Nix Survey, Abstract No. 668, City of Allen, Collin County, Texas; further described as being located south of McDermott Drive and west of Alma Drive." Ms. Diamond presented the request to the Commission. This request is to change Tract 5 in Planned Development No. 26 from Multi -family to Community Facilities and Garden Office. She reviewed the requested uses, the setbacks, and the screening requirements. The proponent is requesting a variance to the screening requirements of the Zoning Ordinance in order to continue the existing screening being used within Watters Crossing. Mr. John Clifford, representing the Episcopal Diocese, indicated that the land has been purchased for construction of a church. The intent is to eventually construct a church and a school. Mr. Walter Humana, President of Bon Terre, indicated that they have sold this CF tract to the Episcopal Church. They desire to preserve the existing tree line, and feel that a church use would be more compatible to the residential neighborhood than the existing multi -family zoning. The remaining acreage is being requested for Garden Office zoning. Chairman Kelley opened the public hearing. Jennifer Anderson, 1306 San Mateo Drive, Allen, spoke in favor of the requested zoning change for CF; however, she had concerns regarding the GO side yard setback being 15 feet. The 100 -foot to 25 -foot front yard setback variance request is a concern for her She questioned clarification as to the proposed screening, and indicated she would be concerned with wood screening. She indicated that a drainage problem exists on the property at this time. Andrew Anderson, 1306 San Mateo Drive, Allen, requested a second mailing be sent to the residents, as there were many new residents to the area. He requested a masonry fence along the GO District, but would agree to the wood fence along the CF property. Ms. Diamond indicated that a sign will be placed on the property prior to the City Council public hearing, and Mr. Anderson was comfortable with that Michael Cummings, Cummings & Pewitt, 1475 Richardson Drive, Richardson, indicated that the current zoning (MF) allows 10 -foot side yards, and the request is for 15 feet. Mr. Humann indicated also that the GO and CF Districts are being submitted as a positive trade-off to the existing MF District. Mr. Anderson requested that the fence along McDermott Drive, with the stone, be carried forward along the GO District Mr. Humana again reviewed the fact that this western portion of the GO tract is next to the rear yard of the homes. PLANNING & ZONING COMMISSION OCTOBER 23, 1997 Chairman Kelley closed the public hearing. PAGE 14 Commission Member Bardemay expressed concern regarding the setbacks in the GO District and questioned protection of the tree line. It was indicated that the tree line is located on the CF tract. She is concerned with reducing the front yard from the standard GO of 100 feet to 25 feet, and the side yard from 50 feet to 15 feet. She indicated that the screening fence should be consistent with that which is used throughout the development. Mr. Humann indicated that he would agree to wall consistent with the fence along McDermott along the west side of the GO tract. Mr. Cummings indicated that the GO District is 260 feet deep on the west side. With a 100 -foot setback, it would be difficult to develop the property The requested setback is the same as in the Local Retail District. Mr. Humann indicated that the request is for GO rather than retail to make it more compatible to the residential uses. Mr. Cummings indicated that the existing zoning of MF allows a 20 -foot front yard setback. Commission Member Pacheco stated that he feels that the change from MF to CF is appropriate. The GO zoning represents a concern about the setback between the GO and the residential on the west side. Commission Member McGregor agreed with comments regarding the setbacks. He would prefer a 50 - foot setback on the west side of the property The front yard setback along McDermott is also a concern. Chairman Kelley discussed the fact that the shape and size of the GO tract is restricted by the tree line. Commission Member Pacheco indicated he does not have a problem with the front yard setback because of the fact that the proponent needs to make this property work in a GO configuration He feels this situation is unusual. Commission Member Penny indicated that he has a concern on the west property line setback. He does not have a problem with the front. Commission Member Smith expressed concern with the front and side yard setbacks. She questioned the surrounding property setbacks Ms. Diamond reviewed the setback requirements on the property to the north in P.D. 52. Mr. Cummings indicated that Bon Terre has previously dedicated right-of-way for McDermott, which accounts for a portion of the depth of their property. Mr. Humann indicated that the property is limited in order to preserve the tree line. He felt the setbacks are needed in order to make this a developable piece of property, and that it represents a better use than the existing multi -family Mr Humann offered to construct the fence along the GO western boundary with the millsap base, consistent with the fence along McDermott, at g -feet high, and change the western setback to 30 feet. Discussion was held regarding the requested language that would not allow parking within 100 feet of residential in the front yard setback. The concern is the residential to the west. The proponent requested that parking be allowed within 50 feet of the residential. PLANNING & ZONING COMMISSION OCTOBER 23, 1997 PAGE 15 Commission Member Obermeyer suggested that the request be tabled in order to allow the proponent and staff to consider these issues. The proponent requested that the item not be tabled, but that consensus be reached this evening Commission Member Pacheco indicated he would prefer to keep the "no parking within 100 feet of residential' within the 25 -foot front yard setback. There is no restriction on parking within the side yard The restriction is only within the front yard adjacent to residential. Mr. Conner and Ms Diamond indicated that it would be appropriate to allow parking on the west edge of the front yard setback because it would be allowed within the side yard setback adjacent to the residential. Chairman Kelley reviewed the fact that this zoning would be much better than the MF, and that parking would be allowed if it developed as MF He feels this request is a good compromise to the MF zoning Mr. Cummings and Mr. Humann proposed the following: 1) build the western fence consistent with that which is along McDermott, 8 feet high; 2) the remainder of the CF tract would have the same fence as is in the neighborhood without the millsap base; 3) side yard setback of 30 feet along the west side; 4) parking is requested within the side yard setback; 5) 25 foot front yard setback. Ms. Anderson was requested for her opinion of these considerations She agreed with the 30 -foot side yard, and the screening being proposed. Ms. Diamond indicated that the CF District allows parking adjacent to the residential, next to the property line. MOTION Upon a motion by Commission Member Obemteyer and a second by Commission Member Penny, the Commission voted 6 FOR and 1 OPPOSED, with Commission Member Pacheco voting against, to approve the request with the following stipulations: 1) 25 -foot front yard setback; 2) 30 -foot side yard setback abutting the residential on the west - parking allowed; 3) no parking within 100 feet of residential in the front yard as stated in the request; 4) 8 -foot millsap fence on west side of GO District consistent with the fencing along McDermott, 5) remainder of screening to be compatible with the fencing in the neighborhood. MAJORITY FINDINGS. 1. The request represents a desirable change from MF, given the nature of the site. 2. The CF use will help maintain the tree line 3. The land uses are preferable to MF, and is the reason for variances in the setbacks. 4. Building setbacks allowed, and the parking allowed within those setbacks, was adequate due to the screening provided. 5 Setback variances granted because of the irregular shape of the tract. MINORITY FINDINGS: 1 The proponent offered to not park in the west side yard, and the Commission allowed it anyway. 2. Additional buffering of the residential is needed. I PLANNING & ZONING COMMISSION OCTOBER 23, 1997 OTHER BUSINESS PAGE 16 The Commission discussed the Thanksgiving and Christmas meetings. Both holidays are on scheduled meeting dates. MOTION Upon a motion by Commission Member Obermeyer and a second by Commission Member Smith, the Commission voted 7 FOR and 0 OPPOSED to cancel the regularly scheduled Thanksgiving and Christmas meetings. Ms. Diamond provided the Commission with copies of the recent MF zoning study that was provided to the City Council, and reviewed the upcoming agenda. The minutes of the Joint Council/Commission workshop on the update of the Comprehensive Plan were provided to all commission members, and they requested an opportunity to have this issue on the next agenda. Commission Member Obermeyer discussed the need to schedule a pre -meeting before each Commission meeting at 7.00 p in. The consensus was to schedule a workshop on each agenda at 7:00 p.m. Commission Member Bartlemay indicated she would like to review the GO District setbacks. Commission Member McGregor indicated he would like to review the MF setbacks. Chairman Kelley indicated he would like to review the issue of parking within setbacks. Commission Member McGregor expressed appreciation to staff for the presentation on the Buckingham request. ADJOURN: MOTION: Upon a motion by Commission Member Obermeyer and a second by Commission Member McGregor, the Commission voted 7 FOR and 0 OPPOSED to adjourn the October 23, 1997, meeting at 11.30 p.m. These minutes approved this /_;�day of p/jam--GIP��,/I , 1997 Pamela Smith—Secretary