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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1998 - 08/27 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING AUGUST 27, 1998 ATTENDANCE Commission Members Present: Jeffrey Kelley, Chairman Ross Obermeyer, Vice -Chairman Pamela Smith, Secretary Mark Pacheco Jeff McGregor Kevin M. Keit (arrived 7 18 p.m.) Steven Haynes Commission Members Absent. None Crtv Staff Present With a quorum of the Commission Members present, the Allen Planning & Zoning Commission was called to order at 7.06 p.m., by Chairman Kelley, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Purpose of workshop is to discuss the merits of the case before the regular meeting is called to order. Commission Member Pacheco questioned a radius on a fire lane easement on Allen Tech Center. He expressed concern that it didn't meet the minimum curve radii. He wondered if the Fire Marshall had any concerns. Ms. Diamond stated staff will verify with Mr. Gillis. Commission Member Pamela Smith questioned a deceleration lane and easement. Ms. Diamond stated that the pavement will be in the Right of Way (ROW). The final plat is in conformance with the preliminary plat. Commission Member Pacheco questioned Mr. Conner about a temporary turnaround in Custer Meadows Phase A. Also discussed was a gate and rod iron fence, and that the Fire Department will have access. Commission Member Smith noted corrections for page 3 of the August 13, 1998 minutes. They are as follows Paragraph 4, replace the word "platting" with "zoning", and change "Commission" to "Council" Paragraph 8: change the word "west" to "north" Ms. Diamond stated that the corrections are noted and will be made. Marcie Diamond, Senior Planner George Conner, Director of Public Works Pam Conway, Secretary WORKSHOP MEETING 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 7.06 p.m., by Chairman Kelley, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Purpose of workshop is to discuss the merits of the case before the regular meeting is called to order. Commission Member Pacheco questioned a radius on a fire lane easement on Allen Tech Center. He expressed concern that it didn't meet the minimum curve radii. He wondered if the Fire Marshall had any concerns. Ms. Diamond stated staff will verify with Mr. Gillis. Commission Member Pamela Smith questioned a deceleration lane and easement. Ms. Diamond stated that the pavement will be in the Right of Way (ROW). The final plat is in conformance with the preliminary plat. Commission Member Pacheco questioned Mr. Conner about a temporary turnaround in Custer Meadows Phase A. Also discussed was a gate and rod iron fence, and that the Fire Department will have access. Commission Member Smith noted corrections for page 3 of the August 13, 1998 minutes. They are as follows Paragraph 4, replace the word "platting" with "zoning", and change "Commission" to "Council" Paragraph 8: change the word "west" to "north" Ms. Diamond stated that the corrections are noted and will be made. PLANNING & ZONING COMMISSION PAGE 2 AUGUST 27, 1998 Ms Diamond called the Commissioners' attention to the Other Business item, Home Occupation Ms. Diamond requested the Commission to review that section of the Zoning Ordinance, per direction from the City Council. The question raised is the allowance of retail sales. Chairman Kelley remembered that traffic was an issue at the time this was reviewed before, and that increased traffic to the residential neighborhoods was not desirable. He noted that retail sales indicated people coming to homes, thus increasing traffic in the neighborhood. The Chamber of Commerce was also notified of the upcoming discussion on this subject. Ms. Diamond indicated that one issue that came up was section 3.10, 4. "No activity which regularly attracts persons other than the residents to the location of the occupation. " That is the verbiage council wants the Commission to review. Commission Member Oberrneyer questioned what direction the Council wants them to take. Ms Diamond stated that Council wants the Commission to hold a public hearing. Ms Diamond indicated that if an amendment to the Zoning Ordinance is requested, public notification is required. Commission Member Kelley stated that the wording for the notice should indicate that it is for retail sales It was also suggested that the public hearing be for input only Commission Member Pacheco would like to find out the City's history on that type of complaints. Audrey Smyth is the Code Enforcement Officer who would investigate if a complaint was made. Chairman Kelley stated that we need to consider the consequences if we allow retail sales in residential districts. Ms. Diamond briefly discussed the announcement of Millennium West and stated that a zoning case regarding that PD (PD55) will be on the next agenda. She also informed the Commission of the other items for the upcoming agenda. Consent Agenda Chairman Kelley read the consent agenda into the record as follows. "Consent Agenda A. Approve Minutes of August 13, 1998, Regular Meeting. B. Final Plat— Consider a Final Plat for Custer Meadows Phase A for Shaddock Developers Ltd., containing 28 8208 acres of land out of the Jesse A. Gough Survey, Abstract No. 347, City of Allen, Collin County, Texas, further described as being located east of Custer Road north of McDermott Drive C. Final Plat — Consider a Final Plat for Custer Hill Estates Phase D for Custer Hedgcoxe, L.L.C., containing 26.9324 acres of land out of the John Huffman Survey, Abstract No. 416, City of Allen, Collin County, Texas and further described as being located south of McDermott Drive and east of Custer Road D. Final Plat— Consider a Final Plat for Allen Tech Center Addition, Lot 6 Block 1, for ACLP Bethany GP, Inc., containing 6.6676 acres of land out of the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, further described as being located east of the northeast corner of U.S. 75 and Bethany Drive." Motion: Upon a motion by Commission Member Obermeyer and a second by Commission Member Pacheco, the Commission voted 7 FOR and 0 OPPOSED to approve the Consent agenda with corrections to page 3 of the minutes as stated in the workshop, and that Ms. Diamond will verify with Mr. Gillis about the fire lane radius in Allen Tech. Center. PLANNING & ZONING COMMISSION PAGE 3 AUGUST 27, 1998 Tabled Item DDC Properties. Ltd. (Summerfield) Chairman Kelley read the agenda item into the record as follows: "Consider a request by DDC Properties, Ltd. (Summerfield) to place permanent zoning of Planned Development for Single-family uses, being 133.247 acres of land situated in the John Miller Survey, Abstract No 609, City of Allen, Collin County, Texas; further described as being located east of Malone Road and north of Exchange Parkway." Motion: Upon a motion by Commission Member McGregor and a second by Commission Member Kerr, Item IH was removed from the table. Ms. Diamond stated that on July 23, 1998 the Planning Commission considered a request for a PD district for Single family uses. The request was again considered on August 13, 1998. The discussion at that meeting centered on the density of the single family as well as provision of parks and open space On the current request the proponent has revised the request to reflect a reduction from 3.8 dwelling units/acre to 3.53 dwelling unit/acre (a reduction of 41 units). The park, open space and trail systems have been addressed in the P.D. and will be specifically designated at the time of platting. A presentation was made by Mr. Scott Ramsey, Wdlbo, 9330 LBJ Frwy., Dallas, TX 75243. Mr. Ramsey stated that Ms. Diamond adequately stated the revisions. The density is equal to if the lots were straight R5 zoning. The neighborhood park is planned to link the adjacent subdivisions and community park through the trail systems. He emphasized the enhanced landscaping and stated he would answer any questions. Commission Member Smith clarified that it is not R5 but equivalent to R5. Commission Member Obermeyer stated that at the last meeting the Commission felt the density was too high. He asked Mr. Ramsey if it was not possible to achieve the lower density. The proponent indicated that no disrespect was intended, and that they addressed as many issues as they felt was possible. Commission Members McGregor and Obermeyer discussed the dedicating of the park and open space requirement. The trail system was also discussed. Commission Member McGregor asked if pools and club houses count for open space, and Ms. Diamond answered yes, it would. Commission Member Obermeyer indicated that this is not a major issue to him. Ms. Diamond also remarked that a portion of the trail system is contingent upon approval by the NTMWD. Commission Member Pacheco does not like the smaller lots, and the density is too high, he is looking for 3 units per acre. Commission Member Haynes stated he was looking for a reduction of over 100 units — and this is less than half of that This development is too dense. Commission Member Haynes supports a density of err 3.0. David Blum, 9330 LBJ Freeway, Dallas Mr Blum stated to the Commission that the density has not ` been ignored. He wanted to try to provide something that is not in the City of Allen. A quality PLANNING & ZONING COMMISSION PAGE 4 AUGUST 27, 1998 amenity center, that would tie a community together They tried very hard to put together the comments from the last meeting There are elements to this property, costs and burdens, such as they have to build Malone Road — sanitary sewer, this will service other properties also. Cost over and above the actual site that necessitates the mix of density they have put together. He indicated that the average is the R5 standard which is close to 3.5 density He asked the Commission to consider these burdens Commission Member Smith reminded him that what the Comprehensive Plan recommends. She also reminded him that the Commission is still looking for the same density as stated at the last met. She wants 3.25 density. Ms Diamond reviewed the old Comprehensive Plan density requirements for this area, which was 2.2. The property to the west was zoned prior to the 1992 Comprehensive Plan. The 1998 Comprehensive Plan was raised to 2.7 The east side is very low density, and we accounted for that. Mr. Blum indicated that they did not ignore the Comprehensive Plan requirements. He feels that the overall density falls in that density range. Ms Diamond indicated that the average density for surrounding property is 3.6. Mr. Bill Anderson, Dowdey Anderson indicated that a site plan was done and presented to them by Avanti property. With the amenity center they are trying to create something nice Qualityin the parks, etc. and there is a fine line regarding costs. Ms. Diamond clarified the R5 zoning on the Avanti property It is equivalent to R5 for the entire Avanti tract. L Commissioner Kelley could support that a density of 3.4, which is a good compromise. Commission Member Obermeyer indicated he won't support it. Mr. Blum indicated that if there are no other issues on this request that they would revise the request to reflect the 3.4 density Commission Member Haynes discussed with Ms. Diamond the neighborhood district and what would be left for development in that district if it develops at 3.4. Commission Member Kerr indicated that he doesn't give a lot of credit to curved streets. He doesn't see that as a factor He doesn't know if an amenity center is a good enough reason to allow higher density. 3.0 is the plan and that what he supports Commission Member Kelley stated that the proponent has done a lot of good things that are a plus to the development. Mr. Blum indicates that they have done the best they can. Commission Member Kelley indicated that this request is only 50 houses over the original request. Commission Member Smith stated she doesn't want to talk about how many houses that would reflect. It does make a difference over the years if we consistently allow higher density Commissioner Kelley indicated the Comprehensive Plan is a tool, and he feels this plan is reasonable. He can support 3.4. Commission Member McGregor stated that if we always allow a little higher density then someone at the end has to give; he feels it is a significant percent over. L� PLANNING & ZONING COMMISSION PAGE 5 AUGUST 27, 1998 Motion: Upon a motion by Commission Member Smith and a second by Commission Member Kerr the Commission voted 6 FOR and 1 AGAINST to send forward a recommendation to City Council for approval subject to the staff recommendation of 3 units per acre. Chairman Kelley voting against. FINDINGS Maori 1 Densityto high 2. Curved streets good 3. Proponent brought forward this density but this is the wrong location for it. 4. Density over what the Comprehensive Plan recommends 5. Proposal was good except it was too dense Minori 1 Difference between 3 4 and the 3.0 was insignificant based on the land uses to the west. Public Hearing Fox Micro International. Inc. (PD-33, Tract B) Chairman Kelley read the agenda item into the record as follows: "Public Hearing — Consider a request by Fox Micro International, Inc. for Greenwood Valley, to amend the uses in Tract B of Planned Development No. 33 (PD-33) to allow the use of Cleaning Plant/Laundry by right, being 5 64 acres located in Abstract No. 908, J.A. Taylor Survey, and Abstract No. 255, John Davis Survey, City of Allen, Collin County, Texas, further described as being located at the southwest corner of FM 2170 and Allen Heights Dr." Ms. Diamond presented the case by stating that P.D. 33 was established in 1985 for single family, multifamily, office and shopping center uses. In 1993 portions of P.D. 33 were rezoned from multifamily and shopping center to single family. In 1994, this P.D. was amended again to increase the land for single family and eliminated the office zoning and reduced the shopping center from 13.6 to the 5.64 acres. This 5.65 Shopping Center tract is the current request area. In the recent revision to the Zoning Ordinance, this use was deleted in the SC District, and is only permitted in the industrial districts due to the hazardous materials used and the noxious odors from this use which negatively impacted the abutting retail uses. However, recently there have been changes in the chemicals used in the cleaning process, and with proper safeguards, this use will not pose the problems that it did in the past. Staff recommends approval. Jose losherand, MCF Design Group, 90777 Hwy 14 East, Rhome TX, stated that the cleaning industry has changed. Now they use a seated system that contains the odors, and hazardous waste is hauled away. All equipment is compact, and doesn't pollute the air. Commission Member McGregor questioned if an EPA license is required. Mr. Josherand stated that the EPA regulates through the Texas Air Control Board the manufacture of the equipment. ■r Chairman Kelley opened the public hearing L Mr. Larry Lawrence, 501 Bardwell, Allen. He stated that he has lived in Allen for 15 months. He feels more people would be affected by this thanjust the people who fall within the 200 feet of PLANNING & ZONING COMMISSION PAGE 6 AUGUST 27, 1998 required notification. Mr. Lawrence questioned what a cleaning plant is and if it would run working hours into the night. Ms Diamond clarifies that it is a cleaners, with on-site cleaning facilities. Mr. Josherand stated that normal business hours will be followed, no late night hours. All cleaning is done on the property Ms. Diamond stated to Mr. Lawrence prior to the City Council meeting a sign will be posted on the property and a second public hearing will be held giving others the opportunity to speak. Angela Ardoin , Defford Lane, questions a required barrier between her property and the retail. Who will be responsible for that barrier? Ms. Diamond indicates that a screening wall is required by the zoning ordinance when abutting the property develops. There is property between the residential and this property and when that develops the screening wall will have to be constructed Ms. Ardoin wonders if the cleaning machinery is loud, and what about steam, and harmful chemicals. Mr. Josherand stated that they will be a good neighborhood store. Ms. Ardoin questioned the design of the building and Chairman Kelley stated that it is per the city specifications. The Fire Marshall and Building Inspector are also involved. Ms. Ardoin stated that she is happy with the design and appearance of the gas station. Mr. Josherand indicated that the design will be complementary. Steve Cornado, 1209 Defford Lane, asked if this will be a drive through Mr. Josherand responded that it will not be a drive through facility Chairman Kelley reminded the audience that this is a zoning issue. We cannot judge the merits of zoning on building style. He also indicated that the Planning Commission is a recommending body, and opinions can also be voiced at City Council. Commission Member McGregor suggested to Mr. Cornado that he should get a copy of the zoning standards Commission Member Kerr stated that he could also go to Mr. Josherand with any concerns. Mr. Josherand agreed he would stay and talk with anyone who might have questions With no one else wishing to speak, the Public Hearing was closed Commission Member Haynes supports the request as it stands. MOTION: Upon a Motion by Commission Member Smith and a Second by Commission Member Obermeyer, the Commission votes 7 FOR and 0 OPPOSED to approve the request to amend the uses in Tract B of Planned Development No. 33 (PD - 33) to allow Cleaning Plant/Laundry by right. Chairman Kelley read the agenda item into the record as follows "Public Hearing — Consider a request by Dahlstrom/McDonald for Montgomery Farm Co., Ltd., to place permanent zoning of 69.6 acres of Planned Development District — Residential- [ 5 (R-5), and 42.3 acres of Floodplain -Corridor Commercial (CC) on the property, being a L total of 111.9+/- acres of land located in the T.G. Kennedy Survey, Abstract No. 500, D.H Nix Survey, Abstract No. 688, Michael See Survey, and Abstract No. 543, City of Allen, PLANNING & ZONING COMMISSION AUGUST 27, 1998 PAGE Collin County, Texas, further described as being located west of U.S 75, north and south of Bethany Drive " Commission Member Mark Pacheco abstained from this item as he is within the 200 feet required for public notification. Ms. Diamond stated that on June 11, 1998 the Planning Commission recommended denial of a zoning request for single family, townhouse and office zoning on 381 acres of land which are currently zoned A -O. City Council provided the following direction to the Planning Commission: • The provision of R-3 zoning adjacent to Rowlett Creek in the tract proposed for R-4 zoning • Providing larger lots adjacent to Watters Crossing in reflect the existing development patterns. • Consider residential zoning on the Office watt proposed on the south side of Bethany • Consider P.D. Garden Office, verses the requested unrestricted Office zoning with potentially other restrictions which address uses, aesthetics and setbacks. • Provisions for maintaining access to the flood plain areas • Adding a condition to preserve the tree line adjacent to Watters Crossing • Traffic Study, by the proponent, to determine ifa traffic light would be needed at Bel Ab and Bethany if the property were to be developed for office, and would this traffic light be required if the property were to be developed for residential. This request has been revised to eliminate from consideration Tracts 2 (R-4), 3 (R-5) and 4 (Office) and retained the request for a Planned Development District for R-5 uses on Tract I and the Corridor Commercial District on Tract 2, which was formally Tract 5 Tract 1 is located north of the proposed extension of Bethany Drive, adjacent to Watters Crossing. This revised request places this tract under a P.D. to allow for the minimum house size to be increased to 2000 square feet and further requires that the houses on lots immediately contiguous to single family lots in Watters Crossing have a minimum floor area of 2,500 square feet. Also included in the Use and Area regulations is a provision to preserve the existing tree line along the north property line per the Tree Preservation section of the Zoning Ordinance. Tract 2 is being requested for FP -Corridor Commercial zoning, on 42.3 acres, 25.3 of which is estimated to be in the floodplain. This district permits a wide variety of retail, commercial, light industrial and manufacturing uses. Given the recommendations of the Comprehensive Plan, and the surrounding zoning and development patterns, staff is recommending approval of Tracts I and 2. Amy Monier, Dallas — partner of Montgomery Farm, stated that she wants to do further study on the remainding property She wants to preserve the existing tree line. All is in conformance with the Comprehensive Plan and she notes that staff recommends approval. Commission Member Kerr stated for the record that he lives outside the 200 feet required notification area. He did receive a notice but Ms. Diamond indicated that we notified beyond the 200 feet. Mr. Kerr lives within 300 feet. Chairman Kelley Opened the Public Hearing PLANNING & ZONING COMMISSION PAGE 8 AUGUST 27, 1998 Ken Lukasik, 1201 Riverside Ct., lives in Walters Crossing Ph. 2. More neighbors would have come to the Public Hearing but Curtis Middle School was holding an open house tonight. He wants to insure strict development standards. Regarding the R5 development— he wants to be sure it is compatible with the neighboring homes. In his neighborhood he has front entry drives and he wants to be sure that the others also have front entry drives. Doesn't want an alley where alleys are not existing today He spoke about Hackberry trees. Wants trees preserved. Stan Swanson, 711 Bel Air — Commission Member Kerr discussed the flood plain and showed him his land use exhibit. Anthony Fratiom, 407 Walters Crossing — Asked if the Town Homes were removed from the request. Ms. Diamond answered yes. He hopes this wouldn't come up later and be passed without anyone knowing it. With no one else wishing to speak, the Pubic Hearing was closed Ms Monier stated they also want the front entry drives and to protect trees. She wants to mimic Watters Crossing The houses will get smaller as you progress to Bethany. Ms. Diamond stated that Watters Crossing was zoned for smaller lots than what was actually developed. The zoning is frequently brought in with less density then allowed in the zoning, after streets and all are done. Commission Members Smith and McGregor discussed the density of the zoning case versus Walters Crossing. Chairman Kelley stated that the Commission will hold the proponent to the front drives at platting. Some in the audience begin to question the proponent and tree line was discussed. It was noted by Chairman Kelley that the conversation here is not binding — zoning /platting is. Chairman Kelley indicated that if there is an alley , they should be able to use it. Some trees may be lost. Commission Member Kerr asked Ms. Diamond about the neighborhood district and wondered how does this match up to Comprehensive Plan. Ms. Diamond stated that the Comprehensive Plan provides corridor commercial uses from the creek to U.S 75. Zoning is 32 acres of corridor commercial About half is floodplain, and she indicates that staff is comfortable with that amount. Commissioner Obenneyer is also comfortable with that Chairman Kelley notes that we will add that we won't add alleys abutting front loaded streets in Watters Crossing. Commissioner McGregor discusses the proximity of Watters Crossing. He wants the density to be like that in Watters Crossing. He is happy with the corridor commercial. He stated that he will over zone for commercial, where appropriate and he feels this is appropriate. He is also concerned about the alleys. Mr. Conner and Commissioner McGregor discussed the tree line and alleys Commission Member Kerr also discussed the tree line and tree ordinance regarding drive cuts. Commission Member PLANNING & ZONING COMMISSION AUGUST 27, 1998 PAGE McGregor indicated that the easement would not be part of a yard. City or the Home Owners Association (HOA) would maintain tree line. Commission Member Haynes has no problems with request as submitted. He feels they have addressed a lot of the Council's concerns. Chairman Kelley echoes Commission Member Haynes; however, he does think we need to look at the tree ordinance at some point. Maybe we can revisit the ordinance before platting. He further stated that he has no problem with density. The fact that the proponent will mirror Watters Crossing has already been stated Commission Member Haynes has no problem with density. Watters Crossing chose to develop as they did, it was not a requirement. Commission Member McGregor stated that this is the last piece of property to consider He wants to maintain the density and take this opportunity to gain some. He won't support it as is. Wants it lower. Commission Member Obermeyer asked the proponent how does she feels about the density that would develop there. She stated it will probably develop with the same density as Watters Crossing, but wants to have the flexibility; can't speak to exact lot number. Her intent is to come in with same density as Watters Crossing. Commission Member Kerr indicated that our challenge is to ensure that the development is in accordance with the Comprehensive plan. This development should have the density allowed by that plan. Commission Member Smith stated that she supports it although she shares Commission Member McGregors comments. However, she stated that we don't zone based on intent, we zone based on the number committed in the request She also stated we are setting a pattern for development south of Bethany Ms. Diamond indicated we have to consider what is good planning and what makes sense. She doubts they will achieve 3 7, may achieve 3.5. She continued by saying 3.4 acres of open space/3.88 net density She does not have the dedication requirements for Bethany Road. Considerable discussion continued regarding the density range of developed property Commission Member Haynes suggested that this should be tabled for further consideration. Commission Members McGregor and Obermeyer stated they want to take action today Chairman Kelley asked the proponent if she would reduce the density at all. Proponent responded that they could reduce to 3 5, they have already made concessions, and would like to finish this tonight. He wants some flexibility due to the major thoroughfare that will run through her property. Chairman Kelley indicated that's his point regarding the higher density This property has a major thoroughfare going though it. It warrants higher density. (" Proponent stated that staff has taken all this into consideration and that's why staff is recommending ■4 approval. PLANNING & ZONING COMMISSION PAGE 10 AUGUST 27, 1998 Discussion regarding the give and take of density continues. ECommission Member Kerr stated that no matter what way we go, council has final call. Commission Member Haynes can support 3 5 — he suggested that that could be our recommendation to the Council. Commission Member Kerr recommends 2.9 like Watters Crossing. MOTION: Upon a Motion by Commission Member Haynes for 243 units, and no alley's abutting front loaded lots in Watters Crossing. With no second — the motion died. MOTION: Upon a Motion by Commission Member McGregor and a Second by Commission Member Kerr, the Commission voted 4 FOR and 2 AGAINST to deny the request as presented, Chairman Kelley and Commission Member Haynes voting against. 10101313H.9 Maiorrtv I Exceeds Comprehensive Plan recommendation of 2.9 dwelling units per acre. 2. Does not reflect the existing density of Watters Crossing as built 3 Actual requested density is questionable based on unknown factors i.e. open space, ROW 4. Tr. 2 was acceptable Minori 1. Consistent with development to the north 2. Bethany Drive may require higher density 3. In favor of commercial as proposed 4. Consistent with staff recommendation because of Comprehensive Plan and existing land uses. 5 Issue of density could have been further discussed —and presented more positively — case had a lot of merit. Chairman Kelley read the agenda item into the record as follows: "Public Hearing— Consider a request by Richard Ferrara Architects, Inc. representing Montgomery Family Trust to place permanent zoning of Planned Development District for Residential —6 (R-6) on 31.3 acres, and Floodplain -Garden Office (FP -GO) on 28.5 acres, and Floodplam-Office (FP -0) on 47.6 acres, being a total of 119.98 +/- acres of land situated in the T.G. Kennedy Survey, Abstract 500, City of Allen, Collin County, Texas; further described as being located west of U.S. 75, and north of Rowlett Creek." Ms. Diamond presented the case. On June 11, 1998 the Planning Commission recommended denial of a zoning request on 119 62 acres for Office and single family (medium density) zoning. On August 6, 1998 the City Council considered the request. After public testimony, and input from the proponent, the City Council voted unanimously to send this request back to the Planning Commission for further consideration. As part of the motion, the City Council provided the following direction to the Planning Commission to relation to this request PLANNING & ZONING COMMISSION PAGE 11 AUGUST 27, 1998 Consider P.D. Garden Office, verses the requested unrestricted Office zomn& with potentially other restrictions which address uses, aesthetics and setbacks. The current request places this property under a Planned Development District. Tract 1 remains R-6 and Tract 2 is requested for Garden Office (GO) and Tract 3 remains Office zoning, with various Use and Area regulations which address uses, heights, setbacks, and provides for a pedestrian easements to the floodplain areas The Use and Area regulations also includes a provision for a pedestrian access and landscape buffer easement connecting the proposed extension of Bel Air to the flood plain area south of Tract 3. This easement area is indicated on the Concept Plan. Ms. Diamond stated that consideration should be given to not permitting development on this tract until such time that the extension of Bel Air is developed to a four lane thoroughfare to Bethany Drive. This extension is no longer a consideration with the current zoning requests. Staff is recommending approval of R-6 zoning on Tract I, with consideration being given to the location of the elementary school in the Use and Area regulations, and the traffic recommendations as outlined in the memo from George Conner, dated June 4, 1998 The revisions to Tracts 2 and 3 appear to address the direction given by the City Council at their August 6, 1998 meeting. The proponent, Jerry Sylo, 445 East Walnut, Richardson, represented the property owner. Regarding density, he feels it is in compliance with the Master Plan. With respect to the issues of the office development, the Council was agreeable to office in the original request. He feels this would allow for a different type of office for Allen. The offices would be 300 ft. from a residential property line. Feels he has addressed the concerns of the council. Chairman Kelley opens the Public Hearing William Hall, 1009 Ashland, stated that this plan is very similar to what was presented to the Council. He is also a resident of Watters Crossing. He fears this will allow the proponent to set a precedent to allow office on Tract 1. He objects because it is not in compliance with Comprehensive Pian as it relates to Creeks, etc. Traffic patterns are a concern. Doesn't want Bethany overloaded with traffic. Stan Swanson, 711 Bel Air— Stated that echoes what Mr. Hall said. He lives close to Bethany and Bel Air. Traffic isn't good now, with these plans, it will only get worse. He has kids and he sees fast driving all the time. With no one else wishing to speak for or against, the Public Hearing was closed Mr. Sylo stated that the Commission is aware that cases are heard on case by case basis. No precedent is set. He feels this area is isolated from the residential. It is within the U.S. 75corridor which is slated for non residential development Traffic analysis was done for this site. Consultant is present if there are questions. He feels city staff is comfortable with the traffic situation addressed. Commissioner Member Obermeyer stated that Council directed garden office, not office, and he can't support general office. He can support some garden office on Tract 3. Residential needs to be west of the creek. Mr. Sylo stated that the Council was concerned with unrestricted office. The only uses allowed in the office is hotel and private club The major difference is the height issue. He views it as a market niche. He feels he has addressed councils concerns PLANNING & ZONING COMMISSION PAGE 12 AUGUST 27, 1998 Mr Sylo stated he is actually decreasing the density that would have been permitted in the medium density tract. Commission Member McGregor stated he is also using all of the medium density allocation in the neighborhood district. Commission Member McGregor questioned if the proponent had discussed the density with the adjacent property owners. Mr. Sylo, stated yes, and that these changes that were made to this request was based on the Council's recommendations. Commission Member McGregor stated that given that all the property owners are in conjunction, he supports this request. Does feel the school site location is important, and he feels the restrictions proponent has placed on himself is satisfactory Mr. Sylo then discussed the school district and stated that the school district will give information when the street layout is done. Approximately 15 acres will be reserved for an elementary school. Commission Member Pacheco questions the traffic impact Will there be a traffic light at Bethany and Bel Air? Mr. Jack Hatchell, Traffic Engineer, 1216 Bowboa Circle, stated that traffic is actually reduced from the original request The critical location is the intersection of Bethany and U.S. 75. Through calculation we will reduce the traffic at that critical location. It does, in essence, reduce traffic by about 1,200 cars a day. There will need to be a signal light at Bel Air and Bethany Drive. Mr. Conner asked Mr. Hatchell if is developed as residential, would there still be a signal at Bel Air and Bethany Mr. Hatchell responded that, based on experience, there would be, but a study has not been completed yet. �* Mr. Conner stated that he has pledged to the Council that he will not recommend anything that will deteriorate our thoroughfares, beyond a Level of Service "C", and this request will He sees more traffic going to Bethany and Bel Av. An additional entrance ramp between Bethany and Legacy in Plano would make a big difference, but the reality is that it would be 5 or 10 years for Txdot to approve and construct one Mr. Hatchell stated that the dual left and right turn lanes would add additional lanes at intersection, and that would increase the capacity Mr. Conner continues that he doesn't see much Watters Crossing traffic going south though the proposed collector street to the southbound service road, and he assumes that a majority of the office traffic going north to Bethany to access U S. 75. Commission Member Pacheco stated that he wants landscape or screening from the parking lots of office. Mr Sylo stated that a stipulation can be added so that access can be provided to the trails. Commission Member Haynes stated that he won't be able to support this as it is because of traffic. Mr. Hatchell stated that traffic would be reduced per the Comprehensive Plan. Ms. Diamond added that our current Comprehensive Plan shows that area as residential — this request is for office — more traffic would be generated with office than residential. Mr. Hatchell suggested that traffic will be diverted onto the collector street. He doesn't argue that office will generate 8000 more vehicles. Mr. Sylo added that the collector was not shown on the 1992 plan, only on the 1998 plan. Even though the office would generate more traffic, by putting this road in, the increase if offset CMr Conner disagrees. The Tran Plan had the collector delineated PLANNING & ZONING COMMISSION AUGUST 27, 1998 PAGE 14 4. Staff operates under policy/must support that policy 5. Allen would miss an opportunity to have office setting in an area unique to the region. 6. Physical restrictions on Tract 3 make it difficult to develop residential, i.e. power lines 7 Office development would give better access to greenbelt than residential 6 R-6 is a buffer between transitional uses. Other Business: Chairman Kelley reads the agenda item into the record as follows: "Discussion on Section 3 10 of the Zoning Ordinance as it pertains to Home Occupations." MOTION: Upon a motion by Commission Member Kevin Kerr and a second by Commission Member Obermeyer the Commission voted 7 FOR and 0 OPPOSED to hold a public hearing and acquire public input regarding home occupations on September 24, 1998 Commission provided staff with the direction to provide additional information regarding other city's home occupation ordinances as well as complaints received in the City of Allen concerning home occupations. A suggestion was also made to have a press release to the Allen American to put the general public on notice that the home occupation ordinance is to be discussed. AJourn 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 August 27, 1998 meeting at 11:28 p.m. These minutes approved this /00 day of ✓e/7l embi/z '1998 Jeffrey Kelley, Chairman Pamela Smith, Secretary