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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 1999 - 04/22 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 22, 1999 ATTENDANCE: Commission Members Present: Ross Obermeyer, Chairman Jeff McGregor, Vice -Chairman Jeffrey Kelley Kevin Kerr Pamela Smith Scott Neice Commission Members Absent Mark Pacheco Kevin Kerr City Staff Present Marcie Diamond, Senior Planner Pam Conway, Secretary George Conner, Director Public Works Dan Tracy, Civil Engineer Jason Marshall, City Attorney's Office CALL TO ORDER AND ANNOUNCE A OUORUM With a quorum of the Commission Member's present, the Allen Planning & Zoning Commission was called to order at 7 17 p.m., by Chairman Obermeyer, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. Chairman Obermeyer asked Mr. Marshall if the replats needed to be published as a public hearing. Mr. Marshall stated that they do fall under the requirements of a pubic hearing, and yes, they do require a public hearing Mr. Marshall stated that the requirements for replat have been in existence since 1987 He does not recommend the Commission act on items III, IV, V which are replats that were not posted as public hearings. Ms. Diamond stated that staff was in error regarding this and she requested that a special meeting be called to handle these items so that proper notification can be given It was determined that Monday or Tuesday, April 26th or 27th are the tentative dates and the Commission Members will be called on Friday to determine the exact day and time and a Special Called meeting will be held and public hearing posted appropriately (72 hours in advance of the �', meeting). PLANNING & ZONING COMMISSION APRIL 22, 1999 CALL TO ORDER AND ANNOUNCE A QUORUM: With a quorum of the Commission Member's present, the Allen Planning & Zoning Commission was called to order at 7:34 p in., by Chairman Obermeyer, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas REGULAR MEETING Consent Agenda Agenda Item II Chairman Obermeyer read the consent agenda into the record as follows. Consent Agenda A Approve Minutes of April 8, 1999 PAGE B. Final Plat— Consider a request for Allen North Addition Phase Four, for a Final Plat being 25.9832 ± acres of land situated in the Henry Wetsel Survey, Abstract No. 1026, City of Allen, Collin County, Texas; further described as being located northwest of the Exchange Parkway and Allen Heights intersection C. Final Plat— Consider a request for Country Brook Estates Phase I for a Final Plat being 35.702 ± acres of land situated in the Gabriel Fitzhugh Survey, Abstract No. 318 and the George Fitzhugh Survey, Abstract No. 320, City of Allen, Collin County, Texas, further described as being located west of F.M. 1378 and south of Stacy Road. Motion: Upon a motion by Commission Member McGregor and a second by Commission Member Neice, the Commission voted 6 FOR and 0 OPPOSED to approve the Consent Agenda as presented. The motion carried. REPLAT Millennium Office Park, IRA & IR -B Agenda Item III Chairman Obermeyer read the agenda item into the record as follows: "Consider a request for a Replat of Lot I of Millennium Office Park, into Lots I R -A and IR- B, Block A, being 17 732 ±acres of land located in the Michael See Survey, Abstract No. 543 and the William Perrin Survey, Abstract No 708, City of Allen, Collin County, Texas: further described as being located between U.S 75 and Watters Road, north of Bethany Drive" REPLAT The Heights of Bethanv. Lot 2 Agenda Item IV Chairman Obermeyer read the agenda item into the record as follows: "Consider a request for a Replan of Lot 2 of The Heights of Bethany, being .859 ± acres of land situated in the R C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas, further described as being located at the southwest comer of Bethany Drive and Allen Heights." PLANNING & ZONING COMMISSION PAGE 3 APRIL 22, 1999 REPLAT I Century Retail Addition Lot 3A & 3B Agenda Item V Chairman Obermeyer read the agenda item into the record as follows: "Consider a request for a Replat of Lot 3 of Century Retail Addition into Lot 3A and 3B, being 6.120 ± acres of land situated in the William Perrin Survey, Abstract No 708, Collin County, Texas; further described as being located between U.S. 75 and Century Parkway and south of McDermott." Motion: Upon a motion by Commission Member Smith and a second by Commission Member Kelley, the Commission voted 6 FOR and 0 OPPOSED, to Table the Replats: Millennium Office Park, IRA & 1RB, The Heights of Bethany, Lot 2, Century Retail Addition, Lot 3A & 3B (Items III, IV & V) to a date to be determined. PUBLIC HEARING First United Methodist Church Agenda Item VI Chairman Obermeyer read the agenda item into the record as follows, "Consider a request for zoning from R-2 Single Family Residential to a Community Facilities (CF) District, for First United Methodist Church. The property is 8890 ± acres of land located in the William Perrin Survey, Abstract No. 708, Collin County, City of Allen, Texas; further described as being located at 509 South Greenville Avenue." Ms. Diamond presented the item to the Commission She stated that this is currently developed as a single family home. The long-range plan for the church for this property is additional parking. This will allow for expansion of the First United Methodist Church David Bolin, Representing the First United Methodist Church, stated that this site would eventually be used for parking. He stated that the house would be removed. Chairman Obermeyer opened the Public Hearing With no one wishing to speak, the Public Hearing was closed. Motion: Upon a motion by Commission Member Smith and a second by Commission Member McGregor the Commission voted 6 FOR and 0 OPPOSED to approve the request as submitted. The motion carried. Findings 1. Compatible with existing adjacent uses and zoning. C PLANNING & ZONING COMMISSION APRIL 22, 1999 PUBLIC 14EARING Second Century Investments Agenda Item VII. Chairman Obermeyer read the agenda item into the record as follows* "Consider a request for an amendment to Planned Development 68 (PD 68) by Second Century Investments for an increase in the maximum height limitation for Parcel 5 from 50 feet to 80 feet. The property is 3.2 ± acres of land located in the William Perrin Survey, Abstract No. 708, Collin County, City of Allen, Texas, being further described as located northeast of Bethany Drive and U.S. 75." Ms. Diamond presented the item to the Commission. She stated that this tract is proposed to be developed for a hotel and related uses, including restaurant, meeting rooms and convention facility The City and the Allen Economic Development Corporation (AEDC) has been working with the proponent forjoint use of the convention facilities. She stated that the request is to amend Condition VI.D. of PD 68 to allow for increase in the budding height in Parcel 5 from 50 feet to 80 feet. She discussed the surrounding developments and zoning The increase would allow for the construction of a 5 story hotel. The development of this tract will meet all other conditions of PD 68. Staff recommends approval of this request given that this additional height is appropriate along the U.S. 75 corridor. Larry Massi, the owner of the property, representing Hilton Hotel Corporation, stated that the footprint basically remains the same,just the height will increase. He stated that they are hoping to break ground in July Chairman Obermeyer Opened the Public Hearing With no one wishing to speak, the Public Hearing was closed. Chairman Obermeyer questioned Ms. Diamond about the amendment and if it wasjust for parcel 5. Ms. Diamond stated that was correct, just for parcel 5, no other changes. Mr. Hewlett was questioned why the additional height was not requested at the original zoning. Jim Hewlett, Architect, stated that in the original zoning request all the site studies were not complete. The topography of the land had not been completed at that time. He further stated that the addition of the convention facilities on the ground level also contributed to the increased height. Commission Member McGregor asked if the surrounding economic partners had been notified of this request and if they had any concerns with it. Ms. Diamond stated that all property owners within 200 feet were notified and no one has come forward with any disagreement. AEDC is in full support of this request Commission Member Kelley is in support of the request for the height increase. Commission Member Smith stated she is in support of the request also. Chairman Obermeyer stated that the height is not a problem and added it is possibly a benefit PAGE PLANNING & ZONING COMMISSION PAGE 5 APRIL 22, 1999 Motion: Upon a motion by Commission Member Kelley and a second by Commission Member Neice, the Commission voted 6 FOR and 0 OPPOSED to approve the request as submitted. The motion carried. Findings 1. Increase in height is appropriate for this location and use. 2. Desirable use for property 3. No opposition from adjacent property owners 4. Provides economic benefits for the City PUBLIC HEARING Second Century Investments (SUP) Agenda Item VIII "Consider a request for a Specific Use Permit (SUP) for a Restaurant/Private Club by Second Century Investments on property currently zoned Parcel 5 of Planned Development No. 68 (PD No. 68). The property is 3.2 ± acres of land located in the William Perrin Survey, Abstract No. 708, Collin County, City of Allen, Collin County, Texas; further described as located northeast of Bethany Drive and U.S 75." Ms. Diamond presented the item to the Commission. She stated that this request is for a Specific Use Permit for a restaurant/private club. She stated that this (SUP) is allowed per Condition V I.H. of PD 68, subject to various operational regulations These regulations include items such as, serving bars shall not be visible to the outside public from closest street right-of-way; there shall be no exterior signs advertising the sale of alcoholic beverages, and the restaurant must maintain a food to beverage ratio of 70 to 30 percent of gross revenues Also required are the site plans, elevations and floor plans of the proposed restaurant. These will be attached to and made a part of the ordinance that establishes this (SUP) Staff recommends approval subject to the site plan, floor plan and elevations. Chairman Obermeyer Opened the Public Hearing With no one wishing to speak, the Public Hearing was closed. Mr. Larry Massi stated that this would be a restaurant however; with no night club. Mr Hewlett stated that it would also serve the convention guests. Mr. Hewlett stated that the (SUP) will be for the confines of the hotel building and then they can apply for a liquor license. Commission Member McGregor wants to be sure the (SUP) is worded correctly to allow what the hotel needs. Mr. Marshall stated that this is for a restaurant/private club The scope of the zoning tonight is that the private club is an ancillary to the restaurant Mr Marshall further stated that where the ■�^ drinks are served is a matter for the Texas Alcohol Commission L Mr Marshall stated that the Texas Alcoholic Beverage Association regulates the sale of alcoholic beverages. PLANNING & ZONING COMMISSION PAGE 6 APRIL 22, 1999 Motion: Upon a motion by Commission Member Smith and a second by Commission Member McGregor the Commission voted 6 FOR and 0 OPPOSED to approve the SUP as submitted. Findings' I Appropriate for this level of a hotel to have this use. 2. Meets the Ordinance regulations. 3. No concern of school or religious facilities in close proximity Preliminary Plat Summerfield Agenda Item IX Chairman Obermeyer read the agenda item into the record as follows: "Consider a request for a Preliminary Plat for Summerfield, being 133.25 ± 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 west of Forest Grove." Ms Diamond presented the item to the Commission. This plat contains 399 lots. There is a pedestrian trail easement along the eastern limits of the property, which will ultimately connect to the proposed Community Park. There is also a 20 -foot emergency access and pedestrian access easement that will connect Pleasant Run to Forest Grove Lane, allowing for emergencv access to/from the Forest Grove Estates. Park fees will be paid instead of developing Block O, Lot 19 into a park. A detention area is planned for that area, and therefore does not qualify as a city park. Staff is recommending that a condition of approval for the preliminary plat is that the alignment of a street connection between Pleasant Run Lane and the undeveloped property to the north will be determined at time of development of the property adjacent to the street within this PD, or when the property to the north is platted, whichever occurs first. This street will provide access into the adjacent subdivision. Jeff Linder, Dowdey Anderson, stated that the zoning was approved recently and they have worked with staff. Chairman Obermeyer requested explanation of detention versus retention. Mr. Conner explained that the retention area is like a pond Water is there all the time. A detention area will retain water from a developed site. The water will work its way to this area, be detained here, and allow it to drain out slowly and not create problems down stream. It will simply be open space, and grassy. It was noted that this would be maintained by the Home Owners Association (HOA). Commission Member Smith noted that the PD requires a park. PLANNING & ZONING COMMISSION APRIL 22, 1999 Mr. Don Horton, Parks Director, stated that originally the City wanted about 5 acres for park area. The park will now be completely north of this tract, due to the detention area that was needed. A trail at the eastern most edge will continue. The park requirement will now be met with park fees. Commission Member Smith questioned if trees would be removed due to the detention area. Mr. Linder stated that they would need to remove some trees. He stated that a City requirement would necessitate the removal of some of those trees Mr. George Conner stated that that area is where the water needs to be detained. Scott Ramsey, Willbo Corporation, stated that they are willing to pay the park fees and he has worked with Mr. Horton on this matter. He stated that the drainage coming from off-site is why they have to dig a channel. Digging that channel requires the removal of the trees. The reason they have to remove some tress is not the detention pond, it is due to the channel. Mr Horton stated that there is a natural channel now and they will simply define it. Mr. Conner reminded the Commission that Lost Creek, which is located west of this development, will provide drainage features, and a significant amount of water will be detained; however, some water will be allowed to run off. The detention area will slow the water and the channel will cause water to pass through water. Mr. Ramsey stated that they are not sure how many trees will need to be removed If the topography allows it, they will save as many as they can. Commission Member Smith asked if the channel was being dug through the required open space, Land if so, is that acceptable? Ms. Diamond stated that the required openspace is being met without including the detention or the channel areas. Mr Ramsey stated that they have exceeded the required openspace Commission Member McGregor asked if the drainage channel would be grassy or concrete Mr. Ramsey stated that it would be grassy, and natural Mr. Conner stated that regarding Texas law, you can't create extra water. They can confine the water and make it Bow in one place. He stated that he did not require the proponents to detain the water, they did that on their own and that will probably help the neighboring communities with their drainage problems as well. Commission Member Neice questioned what was on the other side of the southern boundary He wondered why that row of homes couldn't be front entry to enhance enjoyment of the tree row Mr Linder stated that the tress would definitely be preserved with an alley product. He believes that varying from alley to front entry product is not necessarily desirable. Mr. David Blum, Wilbow Corporation, stated that the owner of the "Mount Allen" property has stated that his property is under contract PAGE PLANNING & ZONING COMMISSION PAGE S APRIL 22, 1999 Commission Member McGregor stated that (Mount Allen) would be a difficult piece of property to develop. Mr. Blum agreed Ms Diamond stated that this week she and George had met with the abutting property owner (Mr. John Cole), and the property is no longer under contract. The owner will be working with the City to determine the most appropriate land uses considering the infrastructure needs and surrounding development patterns. Commission Member Neice questioned some of the street name changes (Milwood Lane, Combine Drive and Farm Dale). Mr Ramsey stated that any time a street takes a 90 -degree turn, the City requires the street name to change. Ms Diamond stated that this could be worked out by final plat. Commission Member Neice questioned the trees that would be removed. Would they be replaced? Chairman Obermeyer stated that per the tree ordinance they would be replaced somewhere in the subdivision. Commission Member Smith questioned the drainage easement between lots 13 and 14 block "O" Mr. Ramsey stated that would help with the neighboring development's drainage. If sjust simple engineering Motion: Upon a motion by Commission Member Smith and a second by Commission Member Neice, the Commission voted 6 FOR and 0 OPPOSED to approve per the following conditions: 1. The detention area be at least 40 feet from Lot 1, Block O. 2. The final alignment of the street between Pleasant Run and the northern adjacent development be determined prior to approval of the second phase or if the adjacent developer submits a preliminary plat (or concept plan) prior to that time. 3. The 7 112 foot tree buffer be included in the right-of-way and be dedicated to the City along with the alley right-of-way. The motion carried. Other Business Agenda Item IX. A. Southwest Legal Foundation Ms. Diamond reminded the Commission about the Southwest Legal Foundation on May 28°i in Richardson, which is being in part sponsored by our City Attorney's office. She highly recommended all Commission Member's to attend. It was noted that it was over Memorial Day weekend. Ms. Diamond noted that money is in the budget and therefore would be of no cost to the Commissioners Commission Member Smith noted that these conferences are great and very worthwhile. Commission Member Smith and Chairman Obermeyer stated that they would be attending PLANNING & ZONING COMMISSION APRIL 22, 1999 Adiotrm. LMotion: Upon a motion by Commission Member Smith and a second by Commission Member Neice, the Commission voted 6 FOR and 0 OPPOSED to Adjourn the April 22, 1999 meeting at 9:30 p.m. The motion carried. Thesemin approved this J�-day of 1 !,L 1999 i Ro s Obcrmeyer, Chairman Pamela Smith, Secretary 0 0 PAGE