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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2000 - 04/13 - RegularALLEN PLANNING & ZONING COMMISSION REGULAR MEETING APRIL 13, 2000 ATTENDANCE: Commission Members Present. Ross Obemieyer, Chairman Alan Grimes Mark Pacheco Jeff McGregor Lauri Blake Gary Caplinger Commission Members Absent. Randal West City Staff Present: Marina Sukup, Director of Planning Stan Solamillo, Planner Pam Conway, Administrative Secretary Sally Leeper, Project Coordinator Dan Tracy, P.E., Civil Engineer Peter Tian, P.E., Traffic Engineer Tim Dentler, Parks Supervisor Bob Hagar, City Attorney's Office 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 7:04 p in. by Chairman Obermeyer, at the City Council Chambers, Allen Public Library, Two Allen Civic Plaza, Allen, Texas. WORKSHOP Items of Interest. Chairman Obermeyer welcomed the new Commissioners, Lauri Blake and Gary Caplinger. Update on Council Actions: Ms. Marina Sukup, Director of Planning, stated that the only the action the City Council took was on the Allen Exchange JV It was tabled and the Council has requested the amount of commercial be reduced. It will be heard again the first of May. REGULAR MEETING Consent Agenda 1 Approve Minutes of March 23, 2000, Regular Meeting. PLANNING & ZONING COMMISSION APRIL 13, 2000 PAGE 2 2. Final Plat— Consider a Final Plat for Glendover Park Phase VI. The property is 67 residential lots on 16.425 i acres of land situated in the Mary Standifer Survey, Abstract No. 812, City of Allen, Collin County, Texas; further described as being located west of Alma Drive and north of Lochness Drive. 3. Final Plat — Consider a Final Plat for Glendover Park Phase VII. The property is 78 residential lots on 18.769 ± acres of land situated in the Mary Standifer Surye, Abstract No. 812, City of Allen, Collin County, Texas; further described as being located east of City Road 146 and west of Alma Drive. Motion: Upon a motion by Commission Member Pacheco and a second by Commission Member Grimes, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the Consent Agenda. The motion carried. RegularAgenda Public Hearings 4. Public Hearing — Consider a request to remove Specific Use Permits (SUPS) for the following: a. A Private School with a Day Care as an Accessory Use. The property is described as being Tract Al, Lot 2 of the Allen Business Centre Addition to the City of Allen, Collin County, Texas; further described as being located north of Bethany Drive on Prestige Circle. b. A Church. The property is described as being located in the Allen Community Baptist Church Addition to the City of Allen, Collin County, Texas: further described as being located at the northeast comer of Jupiter Road and Chaparral Road. c. A Church. The property is described as being the northern four (4) acres of a 7.042 acre tract in the Lewis Wetzel Survey, Abstract No. 978, and being part of the Fountain Park First Section, City of Allen, Collin County, Texas; further described as being located north of the northeast comer of SH 5 and Rivercrest Blvd. d. Auto Glass Shop. The property is described as being Suite 133 of the Bethany Plaza Shopping Center, City of Allen, Collin County, Texas; further described as being located at the northeast comer of SH5 and Bethany Drive. e. Teen Club. The property is described as being located in Suites 220 and 230 of the Allen Heights Shopping Center Addition to the City of Allen, Collin County, Texas; further described as being located at the northwest comer of Allen Heights Drive and E. Main Street. PLANNING & ZONING COMMISSION APRIL 13, 2000 PAGE Mr. Stan Solamillo, Planner, presented the item to the Commission and gave brief descriptions of each. He stated that staff recommends approval to remove the Specific Use Permits (SUP's). Ms. Marina Sukup stated that these SUPS are on the zoning map and to have them removed from the map a public hearing is required. Chairman Obermeyer Opened the Public Hearing. Item 4c - Jack Pickering, 505 Lakeridge, Allen, spoke in favor of removing the SUP He stated he would like a brick wall to screen the adjacent properties when this property does develop. With no one else wishing to speak, the public hearing was closed. Motion: Following discussion, a motion was made by Commission Member Pacheco, and a second by Commission Member McGregor, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the removal of these Specific Use Permits (SUPs). The Motion Carried. 5. Public Hearing— Consider a request by Turrentine, Jackson, Morrow for a Planned Development -Community Facilities district. The property is 3.327 ±acres of land located in the George Phillips Survey, Abstract No. 701, Ridgeview Memorial Park, in the City of Allen, Collin County, Texas; further described as being located at the southwest comer of U.S. 75 and Ridgeview Drive. Mr. Solamillo presented the background on the property and described the lot configuration. He stated they are requesting a variance to the front building setback, and staff recommends approval for a 65 foot setback in the CF -Community Facilities district Chairman Obermeyer Opened the Public Hearing. Don Paschal, 916 Wilshire CL, McKinney, TX stated it has been at the current location since 1973. He further stated that they do need some relief for the setback and would like to have the site plan approved simultaneously tonight, and has submitted site plans for that purpose. He further stated that a 35' building setback line for the covered canopy area only, and relaxation of the requirement for a landscape easement to 23'-0" to allow for existing parking, is also being requested. Mr. Paschal was advised that there would be no requirement to alter the existing parking with the new plat, but that the proposed canopy would require a 35'-0" building line With no one else wishing to speak, the public hearing was closed. Ms. Marina Sukup, Director of Planning, stated that the staff recommendation is for 65' The 25' landscape easement is a requirement of the ordinance and staff could not recommend any reduction. Motion: Following discussion, a motion was made by Commission Member McGregor, and a second by Commission Member Pacheco, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the item as submitted for a 65 foot variance to the front setback. The motion carried. PLANNING & ZONING COMMISSION APRIL 13, 2000 PAGE 4 E6. Public Hearing— Consider a request for a revised Specific Use Permit (SUP) for a fueling station. The property is 1.01 3 acres (44,001 square feet) of land being part of Lot 2 of Mr. Qmk Addition No. 2, an Addition in the City of Allen, Collin County, Texas; further described as being located at 1019 South Greenville Avenue. Mr. Solam illo presented the request to the Commission. He described the site plan and background on the property. Mr. Zubair Khan, 2101 Forestcrest Dr, Plano, TX, the proprietor, stated that the Fire Marshal has required fire lanes so the dumpster has been moved to the rear of the building. The Commission discussed the screening of the dumpster, proposed pump islands and the fire lanes required by the Fire Marshal. Chairman Obermeyer Opened the Public Hearing. With no one wishing to speak, the public hearing was closed. Commissioner McGregor questioned the poor rendering — he would like to have an architectural rendering of the site plan. Commissioner Pacheco had the same concern. He stated that if the Commission is to approve this request, a more well defined site plan is needed. Commissioner Grimes stated that conceptually he likes it, but agrees we need to see a better site plan. Motion: Following discussion, a motion was made by Commission Member Grimes, and a second by Commission Member Blake, the Commission voted 6 IN FAVOR and 0 OPPOSED to table the item to the April 27, 2000 meeting in order to allow the applicant time to have a site plan drafted which incorporated the recommendations of the Commission, with the additional stipulation that an eight foot wall screening adjacent residential property be required for any additional development on the property. The motion Carried. 7 Public Hearing — Consider a request for a revised Specific Use Permit (SUP) for a Home Improvement Warehouse with Outside Display and Storage. The property is 17.3745 t acres of land situated in the Catherine Parsons Survey, Abstract No 711, City of Allen, Collin County, Tenas; further described as being located north of McDermott Drive between Benton Drive and Watters Road. Mr. Solamillo presented the request of the Lowes Companies for consideration of an amendment to the Specific Use Permit approved by the Commission on March 9, 2000, to allow Outside Display and Storage. Mr. Dwayne Blackman spoke on behalf of Lowes, requesting permission to display plants, planting materials and accessories, barbeque grills, smokers and construction supplies on the sidewalk in front of the building. Staff recommended that only plants and seasonal items be permitted for display in the area. Chairman Obermeyer Opened the Public Hearing. PLANNING & ZONING COMMISSION APRIL 13, 2000 PAGE With no one wishing to speak, the public hearing was closed. Motion: Following discussion, a motion was made by Commission Member Pacheco, and a second by Commission Member Grimes, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the request that display of sale items, except "construction supplies" would be permitted on the sidewalk areas designated on the site plan as requested by the applicant and that storage of shopping carts would also be permitted as submitted. The motion carried. Motion: A motion was made by Commission Member Blake, and a second by Commission Member Caplinger, the Commission voted 6 I FAVOR and 0 OPPOSED to consider Item 10 out of order in consideration of individuals with small children wishing to speak at the public hearing. The motion carried. Tabled Items 8. Public Hearing — Consider a request for initial zoning of SC -Shopping Center, and LR - Local Retail uses for property considered for annexation into the City of Allen The property is 18 ± acres of land situated in the Grizzell Kennedy Survey, Abstract No. 499, in Collin County, Texas, further described as being located at the northeast corner of Custer Road and Hedgcoxe Road. Stan Solamillo, Planner, outlined the request of petitioners for annexation. He stated that the recommendation is for approval as submitted. Cary Overall, Hodges and Assoc., 13642 Omega, Dallas, stated that he would answer any questions. Chairman Obermeyer Opened the Public Hearing. Ben Harrison, 2053 St. Anne, Allen, stated that he has been asked on behalf of Custer Hill neighbors to come and speak at this public hearing. They are opposed based on safety and economic reasons. He stated that safety is number I reason for opposition. He discussed the number of vehicles and the rate of speed. He also expressed concern with any garbage that would be discarded if any restaurants would be constructed. He stated that a shopping center would not be appropriate at this location. He further stated that wetlands are also a concern. He asked the Commission to consider waiting until an environmental study is done. Mr. Harrison stated that he is immediately to the east of this property. He is also concerned about affecting wildlife. He is stating his opinion on the impact on the property He is concerned with the value of his home and how the close proximity of a shopping center would adversely affect the value of his home. He noted the numerous shopping centers already being built or already built. He stated that with so many shopping centers they could go out of business and become vacant. He is requesting that this area not be zoned shopping center. He stated that he would like to see this as a special use park. PLANNING & ZONING COMMISSION APRIL 13, 2000 PAGE 6 Debra Adams, 2056 St. Anne Drive, Allen, stated that she lives across the street from Mr. Harrison. She described why she bought her home and stated that she was told by the City of Allen and Plano that this would be a park, and paid a premium for her lot because of that. Her main complaint is that she was told by the City that this would be a greenbelt and park. Roy Huneycutt, 2054 Needham, Allen TX, stated he would like to echo Ms. Adams comments. He stated that he has a drainage easement through his property and anything done to grading will adversely affect his property. He was told also by the City that this would be a park area and greenbelt And he further stated he does not want lights from the shopping center shining into his home. Ms. Sukup explained that this property is not currently in the City of Allen. She stated that there will be a greenbelt in the area of Russell Creek and a regional trail system will go through that area. Jeff, Wray, 2020 Palace Way, noted that he is in favor of the shopping center zoning. He fully expected that this would develop as is proposed tonight. Bob Reid, 205 Lost Canyon Ct., Richardson, representing the owner of the property He has 16.6 acres. 3.25 acres of that are in the flood plain. In Plano this was master planned for a retail center. He stated that the environmental issues would be addressed by the City and the developer. He noted that currently there are 40 loads of black dirt and concrete on the property and all that is outside the flood plain. The traffic in the neighborhood will only increase by increasing the number of homeowners in the neighborhood. There would be at least 300 feet between this development and any home. Steve Cooke, 2051 St Anne Drive, noted on a speaker card that he is opposed Evan Thompson, emailed Ms. Sukup with a letter of opposition to the request. Peter Hong 2046 Needham Drive, Allen, stated that he has lived here for a year and a half now and at that time it was very quiet. He has been waiting for the park all this time and now he finds out that this is for retail. He stated that there are a lot of commercial areas in Allen and Plano already He commented that we do not need another shopping center. A professional services type center would be more desirable. A park would be his first choice. Dan Marks, 2049 St Anne Drive, Allen, stated that the grade of the land is such that the wheels on the cars on Custer are at eye level from his property He is opposed. George Gibson, representing the purchasers to the north, 14860 Montford, Suite 205, Dallas, TX, stated that he does have a user for his proposed day care center. He stated this day care is residential in elevation and scale Debra Adams questioned if the forested area would be disturbed? Ms Sukup answered that the forested area would not be disturbed With no one else wishing to speak, the public hearing was closed. At the request of the Chairman, Ms. Sukup, Planning Director, explained that the property ��jj was under consideration by the City Council for annexation following release from the PLANNING & ZONING COMMISSION APRIL 13, 2000 PAGE 7 extraterritorial jurisdiction of the City of Plano pursuant to a Boundary Adjustment Agreement. She also explained that the "Special Use Park" included the extension of the regional trails systems extending from Plano along Russell Creek that would be built by the developer and dedicated to the City of Allen A private park owned by the Custer Hill Homeowner's Association would be unaffected by the proposal and that the trees located within the floodplain area would be protected. This vegetation would also provide a buffer between the residential neighborhood and the shopping center. She also explained that the LR— Local Retail recommended for the northern 1.5 acre parcel was the most restrictive zoning that would permit development of a day care center. Commissioner Pacheco, expressed concern about what would be permitted in the event that the proposed daycare center was not developed, reasoning that office development would probably be an acceptable alternative, although the zoning would not preclude the development of any use permitted in that zoning district. Commissioner McGregor stated that he believed that the proposed uses were the highest and best use for the property Commissioner McGgregor further noted that this is the intersection of two major intersections. He stated that the property owner is making this request and further stated that office would be an equally acceptable use. Chairman Obermeyer stated that he also agrees with the request as it is proposed Motion: Following discussion, a motion was made by Commission Member McGregor, and a second by Commission Member Pacheco, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the request as submitted. The motion carried. Subdivision Plats 9 Preliminary Plat —Consider a request for a Preliminary Plat for Brookside Addition, Phase IV -B The property is 45 residential lots on 17.14± acres of land situated to the R.C. Whisenant Survey, Abstract No. 1012, City of Allen, Collin County, Texas, further described as being located south of Bethany Drive and west of Allen Heights Drive. Ms. Sukup briefed the Commission on the preliminary plat of Brookside IV, noting that the original preliminary plat approved in 1993 had expired. As part of Planned Development No 22 the tract was the last phase of Brookside, and that it was approved for multi -family development. Chairman Obermeyer observed that the cumulative nature of the zoning regulations would permit less dense single-family development Mr. Brad Meyer, Carter and Burgess, presented a plat of the preliminary plat approved in 1993. He described the streets and reasoning for the design He stated that they have worked with the Parks Department and designed the trails and they are already in place. Mr. Tim Derider of the Parks & Recreation Department explained that alterations to the trail alignments on Bethany had been made within the last three years to allow for the extension of the trail along the creek. He noted that the City had committed to build the bridge linking this phase of Brookside with earlier phases PLANNING & ZONING COMMISSION APRIL 13, 2000 PAGER Commissioners McGregor and Pacheco expressed strong preferences for a single loaded street adjacent to the Creek Commissioner Grimes stated that he believed that the tract was too small to make a single loaded street beneficial, but that it would be important for residents to access the trail system without having to use the street. Commissioners' Caplinger and Blake generally concurred that the trail and the single -loaded street were desirable. Mr. Meyer withdrew the request in order to revise the preliminary plat to include the trail and a single loaded street. Motion: Following discussion, a motion was made by Commission Member Blake, and a second by Commission Member Pacheco, the Commission voted 6 IN FAVOR and 0 OPPOSED to allow the proponent to withdraw the request. The motion carried. 10. Final Plat — Consider a request for a Final Plat for Bethany Ridge Estates IV The property is 100 residential lots on 27.2588 ± acres of land situated in the John Snider Survey, Abstract No. 848, City of Allen, Collin County, Texas; further described as being located at the southwest corner of Bethany Drive and Malone Road. Ms. Sukup presented the request to the Commission. She presented the concerns with the request and noted that the plat does not conform to the subdivision regulations. She stated that the primary concern is the ROW on Bethany In recommending denial, Ms. Sukup outlined the issues associated with the Final Plat of Bethany Ridge IV, the developer had completed infrastructure improvements without a final plat; the plat did not conform to the requirements of the subdivision ordinance at the time that the preliminary plat was approved and that as a result there was insufficient right-of-way on Bethany Drive and on Malone Road; and that seven lots with a rear alley required a 10'- 0" landscape buffer when adjacent to a major thoroughfare. Mr. Pat Atkins, consultant for Legacy Homes explained that the preliminary plat had received approval, awaiting only an acknowledgement from the North Texas Municipal Water District, and that the developer had acted in reliance on the approval of the staff in proceeding with construction. Mr Peter Tian, P.E. explained the limitations of the traffic study prepared in 1996, which had not addressed any intersection improvements on the basis that Bethany would be reclassified as a six -lane divided facility, and that Malone Road would be four -lane undivided. This assessment was extended by C&P Engineering, Ltd., the firm that prepared the traffic study, a study which was approved by the city's consulting engineer. He also noted that the middle school located to the south of this property on Malone had been identified by the Allen Independent School District in 1996, although the location of the proposed elementary school was determined subsequently. Commissioners McGregor and Pacheco agreed that the developer had acted in good faith in relying on the approval of the preliminary plat and the staff recommendations. Both expressed the opinion that the deceleration lane would be needed, but that it would be unfair 11 PLANNING & ZONING COMMISSION APRIL 13, 2000 PAGE to impose the cost of correcting the oversight on the developer at such a late date, even though the construction had proceeded without securing the approval of a final plat Ms. Sukup noted that the Commission was bound to approve a plat, which conformed to the requirements of the subdivision ordinance, but had no authority to change the requirements of that ordinance or to grant any variances. She noted that the preliminary plat, which had been approved, did not meet the requirements of the subdivision ordinance, and that staff could not recommend approval under those circumstances. Bob Hager, the City's legal counsel, stated that approval of a plat that did not meet the requirements of the subdivision ordinance would be an illegal act. Chairman Obermeyer asked Mr. Hager to offer alternatives. Mr. Hager responded that the Planning & Zoning Commission could either deny the plat or take no action. If no action were taken within thirty days, the plat would be approved as a matter of law. Mr. Atkins noted that the plat had been submitted to the City in September 1999 Motion: A motion was made by Commission Member Grimes, and a second by Commission Member Blake, to deny approval of the Final Plat of Bethany Ridge Estates IV. The motion failed with Commissioners Grimes and Blake voting IN FAVOR, and Commissioners McGregor, Pacheco, Caplinger and Obermeyer voting AGAINST. There was no other motion. Tabled Item 11. Public Hearing — Consider amendments to the Zoning Ordinance as follows: a. Article II - Boards and Commissions b. Article III — Building Regulations c. Article IV —Zoning, including Schedule of Principle Uses, Accessory Uses, etc. d. Article V — Special Zoning Provisions, i e. Floodways, etc. e. Article VI — SUP, TUP & Site Plan Approval f. Article VII — Zoning Development Standards, including Landscape and Tree Preservation. g. Article IX — Thoroughfare Plan including Impact Fees h. Article X— Parkland Dedication Motion: Following brief discussion, a motion was made by Commission Member McGregor, and a second by Commission Member Grimes, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve all articles except Articles II — Boards and Commissions, and Provisions of Article IV relating to the Schedule of Accessory Uses. The Motion Carried. General Development Plans 12. Twin Creeks 4C — Review General Development Plan Mr. Brad Meyer, Carter & Burgess, was available to discuss the General Development Plan of PLANNING & ZONING COMMISSION APRIL 13, 2000 PAGE 10 Twin Creeks, Phase 4C. Commissioner Pacheco requested that the street pattern in the southernmost section of the tract be re-evaluated and aligned if possible. Chairman Obermeyer requested that the General Development Plan be included for discussion on the next agenda because of the lateness of the hour. 13. Gtendover Park —Review General Development Plan No discussion due to the lateness of the hour. Will be on next agenda. Other Business None Adioum Motion: Upon a motion by Commission Member McGregor a second by Commission Member Pacheco, the Commission voted 6 IN FAVOR and 0 OPPOSED to Adjourn the April 13, 2000 meeting at 12:30 a.m. e minutes approved this c 7 day of f 2000. R s ey , Chairman Mark Pacheco, ecretary I