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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2003 - 03/18 - RegularALLEN PLANNING & ZONING COMMISSION EMARCH 1S, 2003 ATTENDANCE: Commissioners Present: Gary Caplinger, Chair Alan Grimes, First Vice -Chair Robin Sedlacek Robert Wendland Gary Stocker Kenneth Harvey Commissioners Absent: Darion Culbertson City Staff Present: Marina Sukup, Director of Planning David Hoover, Assistant Director of Planning Sally L. Leeper, Planner Pam Conway, Administrative Secretary Dennis Abraham, Civil Engineer Peter Tian, Traffic Engineer Natalie Banuelou, Attorney REGULAR AGENDA Call to Order and Announce a Quorum is Present: With a quorum of the Commissioners present, Chairman Caplinger called the meeting to order at 7.00 p m. in the City Hall Council Chambers, 305 Century Parkway. Director's Report on March 11, 2003 Council Action Marina Sukup, Director of Planning & Development, stated that City Council approved the 2001-2023 Comprehensive Plan. CONSENT AGENDA L Approve Minutes of February 18, 2003, Regular Meeting. 2. Final plat —Consider a Final Plat for 37 lots in Bellegrove Phase 11, in the J. J. Miller Survey, Abstract No. 609, City of Allen, Collin County, Texas; located just south of the northeast comer of Stacy Road and Angel Parkway. The minutes were removed from the Consent Agenda and will be considered at the April 1, 2003 meeting. Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner Wern land, the Commission voted 6 I FAVOR and 0 OPPOSED to approve Item 2 on the Consent Agenda. The motion carried. I PLANNING & ZONING COMMISSION MARCH I8, 2003 IRegular Aeenda Plats 3 Public Hearing/Replat— Conduct a Public Hearing and consider a Replat for Lots 1R1 & 14, Block D, Bray Central One Addition. The property is 4.6322± acres of land located in the Catherine Parsons Survey, Abstract No. 711, a Replat of Lot IR, Block D Bray Central One Addition, City of Allen, Collin County, Texas; located at the northeast corner of Watters Road and Bray Central Drive. PAGE David Hoover, Assistant Director of Planning & Development, presented the item to the Commission. He stated that the property is adjacent to the 24 -Hour Fitness facility. The Replat conforms to the requirements of the Allen Land Development Code and there are no outstanding issues. Staff recommends approval. Chairman Caplinger opened the Public Hearing. With no one else wishing to speak, the Public Hearing was closed. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Sedlacek, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the request. The motion carried. REGULAR AGENDA Public Hearims 4. Public Hearing/Tabled Item — Conduct a Public Hearing and consider an ordinance amending Planned Development No. 21 from Single-family uses to GO -Garden Office uses on 4.901± acres of land situated in the L. K. Pegues Survey, Abstract No. 702, City of Allen, Collin County, Teras, located at the southeast comer of US 75 and Exchange Parkway. Mr. Hoover presented the item to the Commission. He stated that a meeting was held on March 8, 2003 with staff, the proponent and the residents of the neighborhood and as a result, the following conditions agreed to: I. The property shall be used for medical -related uses only 2. Buildings shall be single story with no roof top mounted equipment. 3. Roofing material shall be composition shingles, similar in appearance to wood shake shingles, such as Timberline. 4. Buildings shall be designed to appear as residential style architecture and have a 360 -degree focus with no apparent "back side." 5. No egress or ingress shall be allowed onto Exchange Place except for emergency vehicles. 6. Emergency access gate entrance on Exchange Place shall align with the alley to the south adjacent to Lot 24. 7 Buildings must be oriented towards and addressed from Exchange Parkway. 8. Dumpsters must be residential style and located away from Exchange Place 9. Frontage along Exchange Place shall be a combination of a berm, shrubbery, and trees 10 During construction, all ingress and egress shall be from Exchange Parkway 11. The areas along and adjacent to US 75, the ramp from the US 75 service road to Exchange Parkway, and the northern portion of the property along Exchange Parkway shall be landscaped in a manner to create a grove of trees along the sloped areas of the subject property adjacent to these roadways Mr. Hoover stated that staff recommends approval with the above conditions. PLANNING & ZONING COMMISSION MARCH 18, 2003 fi Chairman Caplinger opened the Public Hearing Wade Kennedy, 203 Wildwood Place, stated he is opposed. He said he was unaware of the meeting His concerns are drainage, safety and traffic. Elizabeth Kennedy, 203 W ildwood Place — opposed. Elaine Seglem, 215 Nob Hill Place — opposed, stated she also was not contacted for the meeting. Her concerns are parking issues around the buildings, and dumpster locations. Mark Seglem, 215 Nob Hill Place — opposed, stated that the driveway locations will cause problems. He had concerns with traffic speed and the parking situation. Julie Buchanan, 215 Exchange Place — Spoke in favor of the request and stated that she and her husband were responsible for notifying the neighborhood of the meeting and apologized to those who were not contacted. She discussed the conditions for approval and requested an additional condition for a sidewalk connecting to Allen Station Park. With no one else wishing to speak, the Public Hearing was closed. Mr. Hoover addressed the sidewalk comment and stated that he has contacted the Parks Department and they are agreeable to connecting the sidewalk to Allen Station Park. Mr. Hoover stated that there are 140 parking spaces, which is more than the Allen Land Development Code requires. He also stated that detention and drainage issues will be addressed during platting The Commission expressed confidence that the Engineering Department would address any traffic issues. Commissioner Stocker questioned the dumpsters and the landscaping along Exchange Place. Mr. Hoover indicated that the residents had expressed a desire for a mixture of berm and scattered landscaping rather than a solid screen of shrubbery Dr. David Bishop, 17 Bishop Gate, Proponent, stated that he was very pleased with the discussion with the residents, and expressed his desire to be a good neighbor. He fully intends to fulfill all the requests made by the residents. He stated there would be more than one dumpster per office, but exactly how many he couldn't predict. He uses this residential -type dumpster at his dental office and they are very adequate, and are cleaner. Medical waste doesn't go into those dumpsters — it is disposed of in other ways. He is comfortable with all the conditions presented. Commissioner Harvey stated that the land is not appropriate for residential development and with all the conditions presented, he is in favor of the zoning change requested. Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner Wendland, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the request with the following conditions: 1. The property shall be used for medical -related uses only. 2. Buildings shall be single story with no roof top mounted equipment. 3. Roofing material shall be composition shingles, similar in appearance to wood shake shingles, such as Timberline. 4. Buildings shall be designed to appear as residential style architecture and have a 360 -degree focus with no apparent "back side." PAGE PLANNING & ZONING COMMISSION MARCH 18, 2003 PAGE 4 5. No egress or ingress shall be allowed onto Exchange Place except for emergency vehicles. 6. Emergency access gate entrance an Exchange Place shall align with the alley to the south adjacent to Lot 24. 7. Buildings must be oriented towards and addressed from Exchange Parkway. 8. Dumpsters must be residential style and located away from Exchange Place. 9. Frontage along Exchange Place shall be a combination of a berm, shrubbery, and trees. 10. During construction, all ingress and egress shall be from Exchange Parkway. 11. The areas along and adjacent to US 75, the ramp from the US 75 service road to Exchange Parkway, and the northern portion of the property along Exchange Parkway shall be landscaped in a manner to create a grove of trees along the sloped areas of the subject property adjacent to these roadways. The motion carried. 5 Public Hearing/fabled Item —Conduct a Public Hearing and consider a request for Specific Use Permit No 95 for a fueling station on 2.518± acres of land on Lots 1 and 2 of the Allen Business Center— Tract A 1 situated in the William Perrin Survey, Abstract No. 708, being a Replat of a Replat of Allen Business Centre Tract Al, City of Allen, Collin County, Texas; located at the northeast corner of Bethany Drive and Prestige Circle Mr Hoover presented the item to the Commission. He stated that traffic was the main issue at the last meeting. Staff believes traffic can be managed but not mitigated. Staff does not believe this use is appropriate in this location and that it would negatively affect future development of surrounding property Commissioner Wendland stated the compatibility issue is his main concern— notjust the traffic issues. Chairman Caplinger opened the Public Hearing. Chuck Chalifoux, President of RCL Enterprises, 200 East Bethany Drive, read from a traffic impact study by Kimley-Hom. He stated this use will have a very negative impact on his business (safety.) With no one else wishing to speak, the Public Hearing was closed. Jason Marshall, law firm name 1201 Elm Street, Dallas, representing the applicant (Race Trac), stated that, traffic will increase on Bethany Road, whether or not this property is developed. He noted that the applicant will extend the deceleration lane on eastbound Bethany at Prestige Circle to be increased to 150 feet, provide driveway access for the gymnastic site from Prestige Circle; to add a deceleration lane east of the proposed Race Trac. Mr. Marshall stated that the lighting is not typical for Race Trac. There will be no direct lighting that will leave this site. He reiterated his position that this use is compatible with the surroundings. Mr. Hoover noted that the improvements described are requirements of the Code, and again stated that a fueling station will negatively impact the surrounding property. The Commission discussed the traffic issues and compatibility. It was stressed that the issue is a fueling station at this location, not Race True specifically Chairman Caplinger stated that he is not in favor of any fueling station at this location. PLANNING & ZONING COMMISSION MARCH 18, 2003 PAGES Motion: Upon a motion by Commissioner Stocker, and a second by Commissioner Wendland, the Commission voted 3 IN FAVOR and 3 OPPOSED to DENY the request. Commissioners Grimes, Sedlacek and Harvey were opposed. Commissioner Harvey the made a motion to table the request until a full Commission was present to vote. Following discussion, Commissioner Harvey withdrew his motion. The motion will go forward to City Council without a recommendation based on a 3-3 vote. A protest by the owners of more than 20% of property within 200 feet will require a supermajority vote of the City Council. 6. Public Hearing— Conduct a Public Hearing and consider a request for a zoning change from AO- Agriculture/Open Space to LR -Local Retail, R-4 and R -5 -Single Family Residential, with a possible future school site. The property is 44.010± acres of land situated in the W Fisher Survey, Abstract No. 323 and the J. Miller Survey, Abstract No. 609, City of Allen, Collin County, Texas; located east of the intersection of Exchange Parkway and Angel Parkway Mr. Hoover presented the request to the Commission. He stated that AISD has identified this as a potential site for a new elementary school, requiring approximately 15 acres that would serve as a buffer between the retail and residential section. The requested zoning has been shown on the proposed future land use map for the new Comprehensive Plan and has been supported through that process. Staff recommends approval as submitted. Chairman Caplinger opened the Public Hearing. Terri Lewis, 1603 Lake Meade Drive - opposed Gary Hamblett, 1803 Olympia Drive - opposed to the retail and school. Randal Lewis, 1603 Lake Meade Drive — opposed — is concerned with the Local Retail Renay Hamblett, 1803 Olympia Drive - opposed — concerned with the potential noise, the retail and school. Ron Haynes, 1718 Davenport Road, Dallas, He is opposed to the extension of Exchange Parkway — he was the developer of Woodland Park and his concern is Exchange Parkway being a thoroughfare. The residents of Lucas have no interest in a thoroughfare. Is the extension of a six lane thoroughfare (Exchange Parkway) really warranted? He proposed that a simple collector would work He suggested that the Commission should examine the need. Nancy Hodson, 1605 Lake Meade Drive - opposed to the retail — negative impact on residential; she is also opposed to the extension of Exchange, but she supports the school. Mark San Miguel — Resident in Woodland Park - opposed to the extension of Exchange; noise and traffic concerns. Matthew Hodson, 1605 Lake Meade Drive - opposed — concerned with the possible removal of mature trees and noise control. He also questioned if the open space would really be open space. With no one else wishing to speak, the Public Hearing was closed. PLANNING & ZONING COMMISSION MARCH 18, 2003 PAGE 6 Marina Sukup, Director of Planning & Development, responding to comments, stated that Exchange Parkway will be four lanes east of Angel Parkway. She stated that there is a seven and a half foot tree line easement on the northern edge of Woodland Park, and the tree row will be preserved with additional landscaping added. She explained that the waterway is actually a ditch, not a creek and is needed for drainage. She noted some issues of maintenance are yet to be resolved as it is a county easement that carries water from east of this property The school expressed the need for another elementary school, and although this location is not ideal, it would meet their needs There is also a trail system which connects to Celebration Park; and a screening wall is required with the local retail abutting residential property She noted that detention would be required and that consolidating detention would allow the development of a landscaped area adjacent to the roadway. Bill Winkelmann, W inkelmann & Associates, 6750 Hill Crest Plaza, representing the Owner, stated that this concept plan was developed primarily based on the City Council's comments from the previous submittal in 2000. No users have been identified at this time for the local retail. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Stocker, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the request as presented. The motion carried. 7 Public Hearing—Conduct a Public Hearing and consider a request to amend the Allen Land Development Code, Article VII, Section 7.09 by amending the Sign Regulations Sally Leeper, Planner presented the request to the Commission. She reviewed the amendments recommended and the comparisons to surrounding cities. She stated that the Sign Board was recommending the following amendments: 1. Amendment to Table 7.23 to change the method of measuring retail/commercial attached walls signs to allow fagade times 1.25 for property closer than 300' from the right-of-way and facade times 1.5 for property 300' or greater from the right-of-way 2. Amendment to Table 7 23 to change requirements for free-standing monument signs for retail/commercial multi -tenant properties greater than 10 acres to allow a primary sign 15 feet in height, 150 s.f of copy, and 250 s.f. of structure This is a change from properties greater than 15 acres. 3. Amendment to Table 7.23 to add a new category for properties from 5 to 10 acres to allow 12 feet in height, 100 s.f. of copy, and 150 s.f. of structure. 4. Amendment to Table 724 (Central Business District) to change the maximum square footage allowed for lamppost style signs in Design District No. 2 from 2 s.f. to 6 s.f. Chairman Caplinger opened the Public Hearing. Robert Rogers, Rogers Signs, 201 West Boyd, stated that this amendment will only help the large businesses. Allen already has a very strict sign ordinance. He is opposed to the change. The small businesses would be losing advertising space. With no one else wishing to speak, the Public Hearing was closed. The Commission discussed various businesses and their sizes They considered the reduction of sizes proposed and discussed administrative issues. The consensus was to allow a measurement for wall signs PLANNING & ZONING COMMISSION MARCH I8, 2003 PAGE 7 of 1.5 times the fagade for all structures. The Commission indicated that the request for an additional category for multi -tenant signs and the change in the CBD Design District were appropriate. Motion: Upon a motion by Commissioner Harvey, and a second by Commissioner Grimes, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the amendment as follows: 1. Amendment to Table 7.23 to change the method of measuring retail/commercial for property to fagade times 1.5. 2. Amendment to Table 7.23 to change requirements for free-standing monument signs for retaipcommercial multi -tenant properties greater than 10 acres to allow a primary sign 15 feet in height, 150 s.f. of copy, and 250 s.f. of structure. This is a change from properties greater than 15 acres. 3. Amendment to Table 7.23 to add a new category for properties from 5 to 10 acres to allow 12 feet in height, 100 s.f. of copy, and 150 s.f. of structure. 4. Amendment to Table 724 (Central Business District) to change the maximum square footage allowed for lamppost style signs in Design District No. 2 from 2 s.f. to 6 s.f. The motion carried. 8 Public Hearing —Conduct a Public Hearing and consider an ordinance amending Article VIII, Subdivision Regulations of the Allen Land Development Code by amending Section 8.10.1 to provide for pro ram reimbursement charges for water and sewer extension. Dennis Abraham, Civil Engineer, presented the request to the Commission. He discussed the costs associated with the various sizes of water and sewer lines (8", 10" and 12"). Currently the costs vary i widely and this would standardize the charges Chairman Caplinger opened the Public Hearing. With no one wishing to speak, the Public Hearing was closed. Motion: Following a brief discussion, a motion was made by Commissioner Wendland, and a second by Commissioner Sedlacek, the Commission voted 6 I FAVOR and 0 OPPOSED to approve the ordinance. The motion carried. 9 Discussion Item —New and Unlisted Uses Birthing Center, Congregate Residence, Hospice, Shelters and assignment to zoning districts Mr. Hoover stated currently there is not a Birthing Center as a listed permitted use. He briefed the Commission on the approach taken by other communities where such centers are located within the metroplex He noted that it would be allowed by right in some locations if considered as an office, although it might not be appropriate in some office venues. Some thoughts to consider are: How should this use be classified, and where should it be allowed9 Commissioner Harvey excused himself for health reasons at 10:30 p.m. Rebecca Burpo, CNM, Birthing center, discussed the care given to the women using the birthing center and stated that they are low-risk pregnancies and return home quickly Following discussion, the Commission agreed that a Birthing Center should be listed as a separate use, and agreed that a number of other uses such as Congregate Residence, Shelter and Hospice should be PLANNING & ZONING COMMISSION MARCH 18, 2003 PAGE 8 considered in discussions at the next Commission meeting, directing staff to suggest definitions where none existed, and zoning districts where such uses might be considered appropriate. i 1 Other Business Upcoming Agenda Items Adioum Motion: Upon a motion by Commissioner Stocker, and a second by Commissioner Wendland, the Commission voted 6 I FAVOR and 0 OPPOSED to adjourn the March 18, 2003 Planning & Zoning meeting at 10:50 p.m. These minutes approved this day of % C 2003.3. J -Gal plinger airman PamConway, Administrative oreta�