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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2000 - 08/24 - RegularATTENDANCE: Commission Members Present: Ross Obermeyer, Chairman Alan Grimes Jeff McGregor, Vice Chairman, arrived 7 30 p in. Gary Caplinger Lauri Blake Mark Pacheco, Secretary Commission Members Absent: None City Staff Present: Marina Sukup, Director of Planning Tom Keener, Development Coordinator Sally Leeper, Project Coordinator Pam Conway, Administrative Secretary John Baumgartner Peter Tian, Traffic Engineer Don Horton, Director of Parks & Recreation Jason Marshall, 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 00 p.m. by Chairman Obermeyer, at the City Council Chambers, Allen City Hall, One Allen Civic Playa, Allen, Texas. WORKSHOP Council Items Update: Ms. Marina Sukup, Director of Planning, noted that Mimi's and On The Border were approved at the last Council meeting. Thoroughfare Plan — Ms. Sukup discussed the addition of a realignment to Tatum Drive to the proposed changes to the Thoroughfare Plan. Tatum Drive would be realigned to intersect with the extension of Bethany Drive. Commissioner Caplinger stated that the only other concerns expressed with the proposed amendments was made by the Town of Fairview which has planned for Stacy Road as a four land dived minor arterial east of State Highway 5 Ms. Sukup stated that the alternative alignment shown of SL Mary's to line up with Pebblebrook is i unlikely. She stated that the City is looking at several other possible alternatives. DRAFT ALLEN PLANNING & ZONING COMMISSION i E REGULAR MEETING AUGUST 24, 2000 ATTENDANCE: Commission Members Present: Ross Obermeyer, Chairman Alan Grimes Jeff McGregor, Vice Chairman, arrived 7 30 p in. Gary Caplinger Lauri Blake Mark Pacheco, Secretary Commission Members Absent: None City Staff Present: Marina Sukup, Director of Planning Tom Keener, Development Coordinator Sally Leeper, Project Coordinator Pam Conway, Administrative Secretary John Baumgartner Peter Tian, Traffic Engineer Don Horton, Director of Parks & Recreation Jason Marshall, 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 00 p.m. by Chairman Obermeyer, at the City Council Chambers, Allen City Hall, One Allen Civic Playa, Allen, Texas. WORKSHOP Council Items Update: Ms. Marina Sukup, Director of Planning, noted that Mimi's and On The Border were approved at the last Council meeting. Thoroughfare Plan — Ms. Sukup discussed the addition of a realignment to Tatum Drive to the proposed changes to the Thoroughfare Plan. Tatum Drive would be realigned to intersect with the extension of Bethany Drive. Commissioner Caplinger stated that the only other concerns expressed with the proposed amendments was made by the Town of Fairview which has planned for Stacy Road as a four land dived minor arterial east of State Highway 5 Ms. Sukup stated that the alternative alignment shown of SL Mary's to line up with Pebblebrook is i unlikely. She stated that the City is looking at several other possible alternatives. PLANNING & ZONING COMMISSION AUGUST 24, 2000 PAGE Commissioner Pacheco questioned whether St. Mary's should be identified as a collector, and was advised that the text of the Plan identified the street as a "modified collector" which would permit a variable pavement width within a fifty foot right-of-way Commissioner Blake suggested that it should be indicated as a modified collector on the map itself. REGULAR MEETING Consent Agenda Approve Minutes of August 10, 2000, Regular Meeting. Motion: Upon a motion by Commission Member Grimes, and a second by Commission Member Pacheco, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the consent agenda. The motion carried. Public Hearing 2. Public Hearing — Consider a request for SUP -Specific Use Permit No.82 for a Restaurant with a Private Club for Chris' Blue Tees II. The property is a 1.7823 ± acre tract of land situated in the William Perrin Survey, Abstract No. 708, Lot 3, Block 1 in the Allen Tech Center Addition, an addition to the City of Allen, Collin County, Texas further described as being located northeast of US 75 and Bethany Drive at 604 West Bethany. �! Mr. Keener stated that an SUP is required for the use requested and that the location is ® appropriate for a restaurant/private club. He stated that staff recommends approval. Chits 011ila, 5415 Mill Run, McKinney, the owner, was present for any questions. Commissioner Pacheco asked about the smoking/non-smoking areas. Mr. 011ila pointed out sections on the site plan that was for "limited smoking" Be also stated that the main dining room is non-smoking. Commissioner Pacheco observed that Allen had tried to avoid a "bar" atmosphere such as that found in the restaurant in McKinney Chairman Obermeyer opened the Public Hearing. With no one wishing to speak, the public hearing was closed. Commissioner Grimes agreed that the area allotted to the bar seemed excessive for a family restaurant Commissioner McGregor questioned Mr. 011ila as to whether an increased demand for non-smoking areas would prompt him to increase the size of the non-smoking area, and was advised that he would. Motion: Following discussion, a motion was made by Commission Member McGregor, and a second by Commission Member Blake, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the request as presented. LThe motion carried. PLANNING & ZONING COMMISSION AUGUST 24, 2000 PAGE 3 Tabled Item 3. Tabled Item/Public Hearing -Consider an amendment to the Allen Thoroughfare Plan, by amending the 1998 Comprehensive Plan. Ordinance No. 1616-7-98. Ms. Sukup noted a drafting error on the Thoroughfare Plan map which should have identified the existing Country Brook Drive as a collector. The sub -committee, which included Commissioners Caplinger and Blake, presented their recommendations Commissioner Caplinger stated that he is comfortable with the proposed Plan submitted tonight. Commissioner Blake pointed out most of the proposed deletions were roads not used in the manner shown. She observed that the collector extending from McDermott to Exchange Parkway would serve two elementary schools that are planned for the area. She also noted the realignment of Chaparral Commissioner Pacheco requested that St. Mary's be noted as a modified collector (MC) on the map. He also noted a drafting error south of Hedgcoxe at Custer in the City of Plano. Ms. Sukup stated that would be corrected. Chairman Obermeyer noted that the Public Hearing remains open. Mr. Brad Meyer, Carter & Burgess, on behalf of Briar Ridge Investments stated concern for requiring a bridge across Rowlett Creek north of the Twin Creeks golf course because of physical constraints and the proximity to approved development. Mr. Meyer also stated his belief that the school would be built prior to construction of the bridge. Chairman Obermeyer closed the public hearing. Ms. Sukup noted the area west of the proposed collector was owned by the McDermotts and that there was no timetable for development. The area west of Rowlett Creek would be served by middle schools located east of the Creek and that it is important to keep a circulation plan that makes sense. Chairman Obermeyer stated that he appreciates Mr. Meyer's comments; however, he sees the need for the circulation plan as presented. Commissioner Pacheco asked if staff has looked at the area to see if that bridge would fit. Ms. Sukup stated that they have and it will fit, but it is tight Commissioner McGregor questioned Bobby Curtis, AISD Representative, about the school's standpoint. Mr. Curtis stated that if both schools were built at the same time and how development occurs would be the determining factors. He stated that it would be a tight squeeze to fit a bridge through there, based on his knowledge of the creek. Commissioner McGregor stated concern regarding the proximity of a collector to existing development and the possibility that such a requirement would slow development. Bobby Curtis discussed the alignment of Chaparral, which appears to be located adjacent to property acquired by AISD for a middle school. He stated that middle school kids tend to L 0 0 PLANNING & ZONING COMMISSION AUGUST 24, 2000 PAGE walk and observed that those living south of the proposed roadway would have to cross a median divided street. Ms. Sukup stated that the City of Parker's Thoroughfare Plan indicated that Chaparral east of FM 2551 would be downgraded to a residential collector of local street Commissioner Pacheco stated that he could not support the bridge across Rowlett Creek because he does not believe there is enough room and economically the developers cannot bear that burden. Mr. Peter Tian, City of Allen Traffic Engineer, stated that from a traffic standpoint, the road is necessary, although he has not studied it in detail. Commissioner McGregor stated that there is no question from a traffic standpoint that the road is needed but questioned its feasibility. Mr. Brad Meyer stated that the golf course was never platted. The concept plan that was approved showed that it ran along the creek. It was not built as shown on that zoning concept plan but was approved on the construction plans. Chairman Obermeyer stated that we could approve what we have or make changes and send to Council. Commissioner Pacheo stated that we have to consider if it is feasible to develop or not. Chaimman Obenneyer stated that he is not convinced that it is necessary or feasible to build as it is shown on the Plan Commissioner Blake stated that if it is at least on the Plan then the citizens couldn't say that they were unaware of the need. This is at least showing that there is a need and that experts should review the alignment in detail. Commissioner Grimes stated that he agrees with Commissioner Blake that the City is changing and growth is what drives the change. The 10 -year-old plan needs to change. Chairman Obermeyer also agreed. Motion: Following discussion, a motion was made by Commission Member Blake, and a second by Commission Member Grimes, the Commission voted 5 IN FAVOR and 1 OPPOSED to forward the Thoroughfare Plan, with the changes noted below and comments noted below: Commissioner Pacheco was Opposed. The motion carried. 1. Collector should be Country Brook at FM 1378. 2. Delete the extension of Custer south of Hedgeoxe. 3. St. Mary's should be shown as a Modified Collector (MC). 4. Footnote to Council: the Commission needed more input for the collector over the Twin Creeks Bridge and the Chaparral Extension. 5. Engineering recommendations should be made available to Council. PLANNING & ZONING COMMISSION AUGUST 24, 2000 PAGE 5 Findings: Commissioner Pacheco stated that he supported the proposed amendments except for the collector over Rowlett Creek, until significant study has been done to determine alignment and cost. He does not support it at all until that study is done. 4. Consider By Laws for the Planning & Zoning Commission. Chairman Obermeyer reviewed the proposed By-laws of the Planning & Zoning Commission. Motion: Following discussion, a motion was made by Commission Member Pacheco, and a second by Commission Member Blake, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the By -Laws as amended. The motion carried. Other Business Review of Upcoming Agenda Committee Reports Ms. Sukup stated that another Community Workshop is scheduled for August 28, 2000, and encouraged the Commissioners to attend. She also noted that a report would be brought forward to the Commission. Sign regulations will be brought forward with a recommendation to add the Sign Regulations to the Development Code. A zoning case for Watters Creek Park, a commercial development, will be on the Agenda September 28, 2000. CBD Committee—Chairman Obermeyer observed that a lot of work is yet to be done and thanked the other committee members for their hard work. Commissioner Pacheco announced that his term expires in September and that he does not seek another term. Adiourn Motion: Upon a motion by Commission Member Pacheco, and a second by Commission Member Blake, the Commission voted 6 I FAVOR and 0 OPPOSED to Adjourn the August 24, 2000 meeting at 9:30 p.m. The motion carried fk These minutes approved this day of u1P i )t[ 611 lfL 2000. *.ss Oberme , Chairman Mark Pacheco, ecretary BY-LAWS ALLEN PLANNING AND ZONING COMMISSION ARTICLE I SECTION I — NAME The Planning and Zoning Commission for the City of Allen will be operating under the title of "Planning and Zoning Commission" and will hereinafter be referred to as the "Commission." SECTION 2 — CREATION The Commission was established as allowed by Texas Local Government Code to allow local municipalities to exercise policing powers over local development through zoning and the subdividing of property, via platting. SECTION 3—PURPOSE The purpose of said Commission is to serve as the Allen City Council's advisory committee on Planning, Zoning, and other related matters. The duties of the said Commission shall be: 1. To make recommendations to the Allen City Council on land to be zoned by a Property Owner or City for development or redevelopment purposes by - a. Recommending approval, disapproval, or approval with modifications to requests made by proponents. b. Recommending changes to Zoning, Subdivision, and other related ordinances where it is deemed necessary to enhance future development for the good of the Citizenry of Allen. C. Utilize all Ordinances and Planning Documents in the determination of any recommendations made to Council. 2. To utilize a periodic survey of residents of the City of Allen to determine the level of needs and desires relevant to planning within the City providing for development meeting desires of the community. 3. To have final authority on platting issues, subject to conformance with all Ordinances pertaining thereto. 4. To make recommendations to appropriate community officials, as well as to the private sector, regarding measures which it deems necessary to accomplish planning -related objectives as adopted by the City Council; and 5. To adopt bylaws to facilitate the attainment of its purpose and functions. ARTICLE II SECTION I — STRUCTURE The Commission shall consist of seven (7) members, designated "Place I" through "Place 7," and shall be appointed by the City Council. The City Manager, or designee, will serve as liaison to the Commission. SECTION 2 — QUALIFICATIONS OF MEMBERS Members of the Commission shall be residents of the City of Allen and be qualified voters of the City SECTION 3 — APPOINTMENT Commission Members shall be appointed by the City Council for a tern of two (2) years. Terms shall begin on the first meeting in October and shall expire on a staggered basis; Commissioners for Place 1, 3, 5, and 7 in odd -numbered years, Places 2, 4, and 6 in even -numbered years. Newly appointed Members shall be installed at the first regular meeting after their appointment. SECTION 4 — VACANCIES Any vacancy occurring during the unexpired term of an appointed Commission Member shall be filled by a City Council appointment for the remainder of the unexpired term. The Commission will advise Council of any vacancies and may make recommendations regarding appointments to fill vacancies. SECTION 5 — RESIGNATION OR REMOVAL Any Commission Member may resign at any time by giving written notice to the City Secretary Such resignation shall take effect on the date of receipt of such notice or at any later date specified therein; and, unless otherwise specified therein, the acceptance of such resignation shall be necessary to make it effective. The City Council may choose to remove a commission member at its discretion. Cause for removal may include, but not be limited to, absence from three (3) meetings without notice to the Chair prior to the meetings (unexcused) within any 12 -month period. It is the responsibility of the Chair to insure attendance requirements are reported to City Council, SECTION 6 — AD HOC COMMITTEES The commission, as the need arises, may authorize the appointment of "Ad Hoc" committees. The Chair shall appoint members to the committee consisting of Commission Members, interested citizens at large, or other individuals with specific expertise or knowledge applicable to the Ad Hoc Committee, subject to the approval of the Commission. Any Committee so created shall cease to exist upon the accomplishment of the special purpose for which it was created or when abolished by a majority vote of the Commission. SECTION 7 — RULES OF PROCEDURE The Commission shall adopt its own rules of procedure. City staff will keep a record of its proceedings in accordance with the provisions of Commission Bylaws, any applicable and related Ordinances, and the Charter of the City of Allen ARTICLE IH SECTION 1— OPEN MEETINGS ACT All meetings shall be conducted in accordance with the Open Meetings Act. From time -to -time, public hearings shall be conducted as required by law or to gain input on matters of significance that are intended to result in a recommendation to Council for adoption of policy or approval of City Funds for promotion of planning and development matters SECTION 2 — REGULAR MEETINGS The Commission will hold two (2) meetings per month, on the second and fourth Thursday's thereof, unless there is no business to discuss. Should such meetings fall on or new a legal holiday, then that meeting shall be held on an alternate date and time, specified by the Commission. l SECTION 3 — SPECIAL MEETINGS Special meetings of the Commission may be held when called by the Chair, or by any four (4) Commission members. SECTION 4 - MEETING SCHEDULE Meeting schedule and agenda will be posted according to Texas law 72 hours prior to scheduled meeting, posted at City Hall. Meetings generally will consist of a pre -meeting workshop of approximately a half-hour beginning at 7 p.m., followed by the regularly scheduled meeting. The Commission establishes 11:00 p.m. as the hour after which no new agenda items will be considered, with the exception of plats, without a majority vote of the Commission. Action will be completed on the agenda item under consideration at 11:00 p.m. SECTION 5 — QUORUM Four (4) members of the Commission shall constitute a quorum for the conduct of business. SECTION 6 — MAJORITY The term "majority" shall mean a simple majority of the Commission present and voting, unless designated otherwise in an Ordinance based on the nature of the issue being considered. SECTION 7 - VOTING All Commission Members shall have one (1) vote equal in weight. All voting shall be by voice or hand vote at the discretion of the Chair, however, any member may at his or her discretion, call for a written ballot. SECTION S — RULES OF ORDER All meetings shall generally be conducted according to basic parliamentary procedures. The Chair will facilitate meetings and will assist the Commission in focusing on agenda items and deliberations, limiting discussions to relevant topics, and generally directing the order of business. The Commission will govern themselves as to the length of their comments or presentations. The Chair will conduct public hearings and limit citizen or proponent comments to the specific agenda item and the amount of time allotted to any speaker. For each agenda item, staff will begin by presenting material related to this item. The Chair will then solicit input from the proponent. Generally, only one person shall speak for a proponent unless requested by a Commission Member. With the consent of the Chair, Commission Members may direct questions to additional associates of the proponent, to staff, other Commissioners, or to anyone present who may have information valuable to the discussion at hand. If a public hearing is required, it will be held prior to the Commission's full review of the item. At the conclusion of discussions and when warranted, motions may be made by any member of the Commission, including the presiding officer, provided that before the presiding officer offers a motion, the opportunity for making a motion has been presented to all Commission members. SECTION 9 — ORDER OF BUSINESS The order of business will generally proceed as follows: Workshoo —this will be a review of agenda items prior to the regular meeting to insure any technical questions or other concerns can be directed to staff prior to the regular meeting. This may help avoid unnecessary delays in the regular meeting Staff will provide a briefing on the most recent City Council actions as they relate to Commission recommendations or concerns. LJ 2. Regular Meeting -this will generally be conducted as follows: a. Consent agenda -any item staff feels does not require any action or deliberation by the Commission Any Commission member may remove any item from the consent agenda for discussion during the regular meeting. No motion is required, only a request to the Chair. b. Plats and Zoning cases - Staff will arrange the agenda items at its discretion, usually scheduling Public Hearings first, and giving consideration to any item that may have been rescheduled from a previous meeting. c. Other Business - any other business, subcommittee reports, or discussion items for the Commission will be handled at this time. At the discretion of the Chair, the order of the agenda may be changed to insure the efficient operation of the meeting or to accommodate the best interests of the City ARTICLE IV SECTION 1— POWER AND DUTIES OF OFFICERS The Commission shall annually elect from its Members a Chair, Vice Chair, and god Vice Chair Election of officers shall be held at the first regular meeting in October, or at the first meeting following the regular annual appointment by the City Council. C. 2°4 Vice Chair: In the absence of the Chair and the Vice Chair, the 2°d Vice Chair shall assume all duties of the Chair. b. Absent Chair: In the event that no officers are present at a scheduled meeting, but a quorum of the Commission is present, those members present will elect a temporary Chair for that meeting. ARTICLE V SECTION I — CONFLICT OF INTEREST The Commission members are governed by the Texas Local Government Code and Allen City Charter. ARTICLE VI SECTION 1—AMENDMENTS The Commission at its discretion may amend the Bylaws. A majority vote by the Commission is required to amend the Bylaws. SECTION 2— AUTHORITY OF BYLAWS Eli' In the case of any conflict between any Ordinance and these Bylaws, the applicable Ordinance will take precedence. a. Chair: The Chair shall preside over meetings. The Chair shall set the rules of the meeting, subject to objection by a majority of the Commission. The Chair shall represent the Commission before the City Council and other public meetings when requested thereby. The Chair is responsible for signature approval authority on all final plats and meeting minutes. b. Vice Chair: The Vice Chair shall assist the Chair in directing the affairs of the Commission. In the absence of the Chair, the Vice Chair shall assume all duties of the Chair. C. 2°4 Vice Chair: In the absence of the Chair and the Vice Chair, the 2°d Vice Chair shall assume all duties of the Chair. b. Absent Chair: In the event that no officers are present at a scheduled meeting, but a quorum of the Commission is present, those members present will elect a temporary Chair for that meeting. ARTICLE V SECTION I — CONFLICT OF INTEREST The Commission members are governed by the Texas Local Government Code and Allen City Charter. ARTICLE VI SECTION 1—AMENDMENTS The Commission at its discretion may amend the Bylaws. A majority vote by the Commission is required to amend the Bylaws. SECTION 2— AUTHORITY OF BYLAWS Eli' In the case of any conflict between any Ordinance and these Bylaws, the applicable Ordinance will take precedence.