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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2004 - 06/15 - RegularI I CITY OF ALLEN Commissioners Present: Gary Caplinger, Chair Alan Grimes, Vice -Chair Ken Harvey Douglas Dreggors Darion Culbertson Robert Wendland Robin Sedlacek Commissioners Absent None City Staff Present: David A. Hoover, Director of Planning Lee Battle, Senior Planner Sally Leeper, Planner Kellie Wilson, Planning Technician Dennis Abraham, Civil Engineer Joe Gorda, City Attorney Regular Agenda PLANNING AND ZONING COMMISSION Regular Meeting June 15, 2004 Call to Order and Announce a Quorum is Present With a quomm of the Commissioners present, Chairman Caplinger called the meeting to order at 7:00 p.m. in the City Hall Council Chambers at Allen City Hall, 305 Century Parkway. Director's Report on June 8, 2004 City Council Action. o Council held the lutist Public Hearing on the proposed annexations. o Zoning of Planned Development No. 65 — Shelley Farms was approved PLANNING & ZONING COMMISSION PAGE 2 JUNE 15, 2004 Consent Agenda Item Number 1 Approve Minutes of June 1, 2004, Regular Meeting. Item Number 2 Final Plat — Consider a Final Plat for Twin Creeks Phase 7A-1, being 80.646± acres of land located at the future intersection of Exchange Parkway and Ridgeview Drive. Motion: Upon a motion by Commissioner Harvey and a second by Commissioner Culbertson, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Consent Agenda. The motion carried. Regular Aeenda Item Number 3 Preliminary Plat - Consider a Preliminary Plat for Suncreek Townhomes, being 14.14± acres of land located at the northwest comer of Alma Drive and Hedgcoxe Road. Mr. Hoover presented the Plat to the Commission. He stated that several comer lots appeared to be "flag lots." However, they are actually noted as cross access and utility easements. Commissioner Grimes stated that it didn't appear that the non-resident parking was evenly distributed throughout the development. Joe Robuck, representing the applicant, addressed the Commission stated that the parking spaces were not platted because they are not dedicated to the City. There are two (2) spaces in front of each two (2) car garage, with 75 visitor spaces. The entire development has a total of 375 parking spaces. Mr. Hoover then stated that when the final plat comes before the Commission they will include a schematic design of the layout of the parking spaces. Mr. Robuck also stated that the maintenance of the mutual access and utility easements will be maintained by the Homeowners Association (HOA). Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Sedlacek, the Commission voted 6 IN FAVOR, and 1 OPPOSED, with Commissioner Grimes casting the opposing vote, to approve the Preliminary Plat for the Suncreek Townhomes. The motion carried. Item Number 4 Combination Plat — Consider a Combination Plat for Chaparral Gardens Senior Housing, Lots 1 & 2, Block A, being 10.89± acres of land located east of Greenville Avenue and north of Chaparral Road. Mr. Hoover presented the plat to the Commission. He stated that the buildings will be set back from the eastern property line to protect the existing tree line. The request does not include Lot PLANNING & ZONING COMMISSION PAGE 3 JUNE 15, 2004 2. When that tract is platted it will possibly be for something that complements this development (i.e. pharmacy, amenity center). Mr. Hoover also stated that the development will be required to have a fence and landscape buffer adjacent to the residential neighborhood. Motion: Upon a motion by Commissioner Harvey and a second by Commissioner Culbertson, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Combination Plat for Chaparral Gardens Senior Housing. The motion carried. Item Number 5 General Development Plan — Consider a General Development Plan for McCoy and Roth Addition, being a 13.7941 acres tract of land located at the southeast comer of Angel Parkway and Stacy Road. Mr. Hoover presented the Plan to the Commission. Currently, the GDP shows actual development of the parcel at the southeast comer of Angel and Stacy. There are no specific plans for the other buildings that were shown on the GDP Mr. Hoover stated the applicant will have to do a preliminary plat for entire development; and the final plat will only include the comer parcel at Angel and Stacy. At that time, the applicant will also be required to submit a Tree Mitigation Plan. The applicant expects to sell this tract very soon and it should be developed in the near future. Commissioner Dreggors asked if the proposed detention pond is required when the first parcel is developed. Mr. Hoover responded that detention will have to be addressed with the first phase development. Commissioner Sedlacek asked if the retaining wall will go in when the comer lot is developed. Mr. Hoover responded that although the retaining wall is not planned at this time, the Commission can decide on that issue during the plat approval process. The Commissioners inquired about a time -line of the widening of Stacy Road. There was some concern that there is no access to the corner lot from Stacy Road. Dennis Abraham responded that there is no set schedule on the widening of Stacy Road. However, because only one parcel is developing at this time, not having access to the development from Stacy Road should not cause a problem. Chairman Caplinger allowed a comment from Patty Anderson — 1650 Country Brook. She was opposed to the size of one of the buildings shown on the GDP Motion: Upon a motion by Commissioner Dreggors and a second by Commissioner Wendland, the Commission voted 7 I FAVOR, and 0 OPPOSED to approve the General Development Plan for McCoy and Roth Addition. The motion carried. PLANNING & ZONING COMMISSION PAGE 4 JUNE 15, 2004 Item Number 6 Public Hearing — Consider zoning of SC -Shopping Center on the property, effective at the time of annexation. The property is 3.548± acres of land situated in the Henry Wetzel Survey, Abstract No. 1026, Collin County, Texas; located on the southwest corner of Stacy Road and Greenville Avenue. Lee Battle presented the request to the Commission. He stated that this tract of land was previously approved for SC zoning. However, when trying to record the plat it was determined that a portion of the land was not located in the city limits of Allen. Chairman Caplinger opened the Public Hearing. No was present to speak for or against the request. Chairman Caplinger closed the Public Hearing and asked for comments or questions from the Commissioners. Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Dreggors, the Commission voted 7 IN FAVOR, and 0 OPPOSED to recommend approval of SC -Shopping Center zoning on the property, effective at the time of annexation. The motion carried. Item Number 7 Public Hearing — Consider zoning of SC -Shopping Center and R-4 Residential on the property, effective at the time of annexation. The property is 64.1497± acres of land situated in the John J. Miller Survey, Abstract No. 609, Collin County, Texas; located on the south side of Stacy Road, east of Goodman Drive and west of the Stacy Ridge Estates subdivision. Mr. Battle presented the request to the Commission. He stated that the request included two proposed zoning tracts. The issues concerning this request are somewhat more complicated. The tracts of land that are adjacent to Stacy are residences with three (3) of the four (4) residents operating a business out of their home. If the property is zoned residential, the existing businesses would be considered non -conforming uses. Over time, we would have residential zoning facing Stacy Road. If zoned SC, these businesses would be considered a conforming use and the residential homes would be the nonconforming use. Should any of these homes are destroyed by fire or elements, they could not be rebuilt without applying for a variance. Therefore, it is proposed that the front 11 acres be zoned SC. The request for the southem 53 acres of the tract is for R4 to blend with the existing Bellegrove Subdivision. Chairman Caplinger opened the Public Hearing. The following individuals spoke. George Richards (opposed) 1810 E. Stacy Road PLANNING & ZONING COMMISSION JUNE 15, 2004 William Carder 1806 Armstrong Drive Gene Scott (opposed) 1804 Green Meadow Circle Kenneth Krogents (undecided) 1802 Stacy Greg Shepard (opposed) 1801 San Carlos Ct. Michael Lindberg (opposed) 281 Oakwood Trail Fairview Mack Northcutt (opposed) 1800 Green Meadow Circle Al and Rebecca Rodriguez (for) 1806 Stacy Road Alex ViCensky(opposed) 1800 Baltimore Pat Anderson (opposed) 1615 Country Brook Lane Julio & Brenda Bejarano 1801 Country Brook. David Hameed (opposed — did not speak) 1600 Goodman Karen Sparks (oppose) 1705 Covintree Larry Linden (oppose) 831 Stacy Road Todd Downing (for) Stacy Road Melinda Davidson (opposed) 1803 San Carlos PAGES PLANNING & ZONING COMMISSION JUNE 15, 2004 PAGE Nichols (oppose) San Carlos Chairman Caplinger also read into record a -mails from individuals who opposed the request. Comments and/or Concerns: o SC zoning makes his property unmarketable — o Can the infrastructure support SC zoning — egress will be a problem o There is already SC zoning in the city that hasn't been developed o No common ownership 0 15 months ago the City decided residential was the best use for this area — what has changed? o Most of the surrounding houses are on one (1) acre — wants it zoned for bigger lots — RI o Density no greater than R3 o Commercial should stop at Goodman o Request the City do more research for something other than SC o Wants Rl, R2 or R3 o Doesn't feel Stacy will ever be widened to 6 lanes o Don't the residential have to be all the same zoning? o Wants annexation for land use control o Access to the existing neighborhood from the south is good for public safety o SC zoning will increase already existing traffic problems o City is overacting because of 1 resident who is a problem o Road is over utilized o Oppose R4 and SC — wants Rl and R2 to be consistent with what is already there. o Retired — fixed income — against annexation o Wants area to grow — supports commercial in the future, maybe not now. o Stacy Ridge has a buffer — they will be protected from traffic o SC zoning is a benefit — Residential zoning would keep us from selling property — no one would buy a residential home next to Stacy o Without better infrastructure the Cit is putting "the cart before the horse." o How much SC zoning do we need? o Put SC zoning on west side of Stacy o Doesn't want Lorraine to extend o Supports R4 o Keep retail new U.S. 75 Chairman Caplinger closed the public hearing. Mr. Battle stated that Country Brook and Loraine will extend through this property in the future. He also clarified that no changes will be done to the land unless property ownership changes. However, should the top portion be zoned residential, at some point in time they will have to try and market the property with encroachment of Stacy Road. The SC zoning provides most flexibility for development. As far as R3 over R4, Mr. Battle stated the regulations were not that different, and staff would support either zoning. PLANNING & ZONING COMMISSION PAGE 7 JUNE 15, 2004 Commissioner Culbertson stated he is opposed to commercial zoning at this time, and preferred R3 zoning for the entire tract. The Commission discussed other options that would be less intense than SC. Garden Office was an option that was debated. However, there was no consensus to consider this option. Commissioner Sedlacek stated she would support the request for all residential as suggested by Commissioner Culbertson. The surrounding tracts are residential and she preferred R3 over R4. Commissioner Harvey stated that 11 acres is not enough land to develop a large shopping center, therefore he would support the SC zoning. Motion: Upon a motion by Commissioner Culbertson and a second by Commissioner Sedlacek, the Commission voted 5 IN FAVOR, and 2 OPPOSED, with Commissioners Grimes and Harvey casting the opposing votes, to recommend R3 Residential zoning for the entire tract with no SC zoning, effective at the time of annexation. The motion carried. Mr. Hoover announced that the City Council will hold one (1) more public hearing for the annexation at their next week's meeting. The public hearing for the zoning will be at their July 13, 2004 meeting. El The Commission took a break at 9:15 p.m. The meeting was reconvened at 9:30 p.m. Item Number 8 Public Hearing — Consider zoning of AO Agriculture Open Space on the property, effective at the time of annexation. The property is 0.5873± acres of land situated in the T.G. Kennedy Survey, Abstract No. 500, Collin County, Texas; located east of South Alma Drive, south of West Bethany Drive and adjacent to Rowlett Creek. Mr. Battle submitted the request to the Commission. The tract of land is part of the Montgomery Farm and is included in part of the conservation area. Chairman Caplinger opened the Public Hearing. No one was present to speak for or against the request. Chairman Caplinger closed the Public Hearing. Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Grimes, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to recommend AO Agriculture Open Space zoning on the property, effective at the time of annexation. The motion carried. Item Number 9 Public Hearing — Consider zoning of PD -40 Planned Development No. 40, Tract 2, CC -Corridor Commercial on the property, effective at the time of annexation. The property is 9.5185± acres of land situated in the H. PLANNING & ZONING COMMISSION JUNE 15, 2004 PAGES Seaborn & R.F. Clements Survey, Abstract No. 879, Collin County, Texas; located off of the southeast corner of Stacy Road and S.H. 121. Mr. Battle presented the request to the Commission. Chairman Caplinger opened the Public Hearing. There was no one present to speak for or against the request. Chairman Caplinger closed the public hearing. Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Sedlacek, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to recommend zoning of PD40 Planned Development No. 40, Tract 2, CC - Corridor Commercial on the property, effective at the time of annexation. The motion carried. Item Number 10 Public Hearing — Consider an ordinance amending the Allen Land Development Code, Article IV, Section 4.20.2, 4.20.4, Use Charts; Article VI Special Zoning Provisions; Section 6.02 Private Clubs and Restaurant/Private Clubs; amending Appendix B Fees and Charges. Mr. Hoover reviewed the changes to the Allen Land Development Code that were necessary due to the recent local option election. He explained the different licenses that TABC will be issuing. In response to Commissioner Sedlacek's questions regarding special event alcohol sales, Mr. Hoover explained that TABC authorizes the City Council to grant Special Use Day Permits. This will be done on a case by case basis. Because of the required zoning verification process, there will be a one time fee of $250. This however, is not transferred if ownership changes. The Commissioners were concerned about an influx of service stations coming because of alcohol sales. Mr. Hoover reassured them by stating that gasoline sales will still be regulated through the SUP process. Chairman Caplinger opened the public hearing. There was no one present to speak for or against. Chairman Caplinger closed the public hearing. Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Harvey, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to recommend approval of an ordinance amending the Allen Land Development Code, Article IV, Section 4.20.2, 4.20.4, Use Charts; Article VI Special Zoning Provisions; Section 6.02 Private Clubs and Restaurant/Private Clubs; and amending Appendix B Fees and Charges. The motion carried. Item Number 11 Public Hearing — Consider an ordinance amending the Allen Land Development Code, Article VII, Zoning Development Standards, Section 7.09 LSign Regulations. L A A PLANNING & ZONING COMMISSION PAGE 9 JUNE 15, 2004 Mr. Hoover presented the request to the Commission. He began by stating that the City cannot regulate content of the sign. The existing Code does not give us provisions to regulate what signs can be placed on windows. Chairman Caplinger opened the public hearing. Robert Rogers, Rogers Sign Company, addressed the Commission. He asked that they do not make changes to the existing Sign Regulations. Chairman Caplinger closed the public hearing. There was discussion about how difficult it would be to regulate the percentage of window space that is covered by signs. The Commission did agree that for public safety reasons it might be appropriate to consider some limitations on window coverage. Commissioners agreed that more information is needed to make a decision. Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Harvey, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to have staff do more research, and report back within thirty (30) days. The motion carried. No other action was taken. Other Business Upcoming Agenda Items: • McCoy and Roth Preliminary Plat • Final plat — Suncreek Townhomes Adjournment Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Harvey, the Commission voted 7 I FAVOR and 0 OPPOSED to adjourn the Planning and ZoningCommissionmeeting at 10:25 p.m. These minutes approved thisy of C 2004. ary linger, C an Kellie Wilson, Planning Technician