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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2005 - 12/06 - RegularI ;_ CITY OF ALLEN ATTENDANCE: Commissioners Present: Gary Caplinger, Chair Alan Grimes James Rushing Jeff Cocking Robert Wendland Douglas Dreggors Marcelle Jones Commissioners Absent: City Staff Present: David A. Hoover, Director of Planning Lee Battle, Assistant Director of Planning Sally Leepey Planner Kellie Wilson, Planning Technician Dennis Abraham, Engineering Joe Gorfida, City Attorney Regular Agenda PLANNING AND ZONING COMMISSION Regular Meeting December 6, 2005 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 at Allen City Hall, 305 Century Parkway. Director's Report on November 22, 2005 City Council Action • Council approved a Resolution approving the 2005 Comprehensive Annual Performance Evaluation Report (CAPER) for the Community Development Block Grant Program. • Approved two (2) SDP's: Exxon and Kroger I F1 I [1 PLANNING & ZONING COMMISSION PAGE 2 DECEMBER 6, 2005 Consent Agenda Agenda Item 1: Approve Minutes of November 15, 2005, Regular Meeting. Agenda Item 2: Consider a Final Plat for Allen Station Business Park Phase II Lot 1, Block 1, being 23.4098± acres located north of E. Exchange Parkway and west of Allen Station Parkway. Agenda Item 3: Consider a Final Plat for The Villas at Cottonwood Creek, being 32.70j- acres 2.70±acres located south of Stacy Road and east of Curtis Lane. Commissioner Grimes made a change to the November 15, 2005 minutes of Agenda Item 5. Change last statement to read "The Commissioners indicated that the plan met all the other requirements provided in the Allen Land Development Code." Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Grimes, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda with the change to the minutes. The motion carried. Regular Agenda Agenda Item 4: Public Hearing — Consider a request to revoke Specific Use Permit SUP) No. 97 for a Restaurant/Private Club. The property is located at 604 W Bethany Drive, Suite 107, City of Allen, Texas. Mr. Hoover presented the request to the Commission to revoke the Specific Use Permit (SUP) for non-compliance with the food to beverage ratio. Mr. Hoover explained the SUP permitted a ratio of 70% food and 30% beverage. Staff contacted the owner in April 2005 asking for documentation to show what the percentages were. The percentages up to March 2005 were 46% food and 54% beverage. At that time Staff provided the management with another 6 months to come into compliance. In October 2005, they were again asked to provide documentation to show what improvements have been made. Through the documentation Staff determined that the percentages had become more out of compliance with 35% food to 65% beverage. Chairman Caplinger opened the Public Hearing. Jeff Petty, owner of Tailgaters (spoke against) — Mr. Petty stated he has tried everything to resolve the problem by trying to create a family atmosphere. When they first opened, they tried a non-smoking facility This caused a loss of patronage. To encourage food sales, he stated he even tried discounted lunches. Mr. Petty stated he is now trying to sell the restaurant, and would like a 90 -day extension. In his opinion, revoking his SUP would cause his restaurant to close for good. It would be easier for him to sell the restaurant if it remained open. Chairman Caplinger received a speaker card from James Mentesana, of 604 W Bethany, Suite 210, who was in favor of the request, but did not want to talk. PLANNING & ZONING COMMISSION PAGE 3 DECEMBER 6, 2005 Mr. Hoover readdressed the Commission. He stated that City staff has been monitoring this location for well over a year. Mr. Hoover advised that the City Health Inspector conducted an inspection of the establishment — their score was less then 70. This appears to substantiate the appearance that the focus is on alcohol sales and not food. Mr. Hoover advised that the SUP is not transferable from one owner to another. If the restaurant sells, the new owner will be required to obtain their own alcohol license Commissioner Jones asked about the 60% to 40% split that is now available through SUP, and could Tailgaters get a new SUP under these guidelines — bringing them more into compliance. Mr. Hoover responded that this ratio was intended to allow for specialty businesses (piano bar, wine bar, etc.) Staff would not support a new SUP just to get around the percentages. Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Grimes, the Commission voted 5 IN FAVOR, and 2 OPPOSED, with Commissioners Jones and Rushing casting the negative votes, to recommend approval of Agenda Item 4. The motion carried. Agenda Item 5: Public Hearing — Conduct a Public Hearing and consider a recommendation to amend PD -Planned Development No. 93, by amending the setbacks on Tract B, zoned for R7 Residential. The property t is 12.86± acres located south of the southeast comer of Stacy Road and Curtis Lane. Mr. Hoover presented the request to the Commission. When the PD was approved by Council it stipulated that the side yard setbacks be I foot and 9 feet. The applicant has requested a change to the required setbacks to allow flexibility to use 3 feet and 7 feet between structures, always keeping 10 feet between structures. This formula makes it easier for maintenance, roof overhangs, and other encroachments into the side setbacks. The Commissioners had no questions and preferred the setback as requested. Chairman Caplinger opened the Public Hearing. There was no one present to speak for or against the request. Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Wendland, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to recommend approval of Agenda Item 4. The motion carried. Agenda Item 6: Public Hearing — Conduct a Public Hearing and consider a recommendation to change to zoning from R2 Residential to Planned Development No. 99 for R-3 Residential uses. The property is 13.1629± located east of Malone, between Highpoint Drive and Lake Travis Drive. PLANNING & ZONING COMMISSION PAGE 4 DECEMBER 6, 2005 Mr. Hoover presented the request to the Commission. The request is for a base zoning of R3 Residential, with a minimum lot area of 10,901 sq ft, and minimum house size of 2,000 sq. ft. Lot widths are shown as 60 feet on the south and 70 feet on the north — providing a density of 2.8 units per acre and 29 residential lots. If the request is approved, the Parks Department will obtain 2.2 acres at the eastern edge of the property to add to the existing adjacent park land and create a more useable park that is supported by the Parks Master Plan. Chairman Caplinger opened the Public Hearing. Dr. E.T Boone (spoke in opposition) 11 High Point Drive • To put high density between two (2) R2 developments makes no sense • The increase in traffic flow will be directed onto Malone — which is a school zone — creates a dangerous situation Patricia Buckley (spoke in opposition) — Ms. Buckley also presented photos to the Commission of the area -9 Highpomt Drive • Precedent has been set for R2 zoning • Would have four (4) lots baking up to her backyard • Likes the development to the north • New zoning doesn't add value to our neighborhood • There is a big tree line on the property— wants trees protected • Drainage problems already exist • Larger lots in The Orchards are selling at a premium Michael Buckley (spoke in opposition) • Consider needs of all the people — don't develop to just develop • Wildlife lives in the tree line —need to protect. • The R4 and R5 illustrated in the presentation is not directly adjacent to the proposed zoning. There are large roads separating them from the request and the existing R2. Asghar Afghani (spoke in opposition) 503 S. Malone Rd • Prior to purchasing his home, he checked the existing zoning — against changing the zoning now Lior and Rachel Sharon (spoke in opposition) 1701 Travis Ct. • Moved here for peace and quiet • Against having a park in backyard • Doesn't like 2 -story homes looking over his home • Precedent set I PLANNING & ZONING COMMISSION PAGE 5 DECEMBER 6, 2005 Joey Lane (Developer) • With the current zoning, he could develop 21-23 single family homes. He is only asking for the additional small lots so that he can provide the City park land. • Will build a first class neighborhood Chairman Caplinger read into record the names on the speaker cards that were presented to the Commission, but chose not to speak. Marvin and Jana Brooke (opposed) 1531 Pebblestone Ct. • Every builder tries to make the lots 10% smaller — this is not necessary Marietta & Steve Sterling (opposed) 8 Highpoint Drive Joseph Baker (opposed) Sharon and Robert Thurgood (opposed) 7 High Point Drive • Will make a public access through my property, lower property value, reduce pricing. Chairman Caplinger closed the Public Hearing. The Commissioners discussed the request, and the consensus was that the existing R2 zoning was appropriate and they would not support changing the zoning to R3 as requested. Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Wendland, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to deny Agenda Item 4. The motion carried. Agenda Item 7: Public Hearing — Conduct a Public Hearing and consider a recommendation to amend the zoning for portions of PD -Planned Development No. 72 from CC -Corridor Commercial to R-3 and R-4 Residential uses. The property is 73.504± acres located northeast of Stacy Road, south of Ridgeview Drive. Mr. Hoover presented the request to the Commission. The request is for two (2) categories of lots, which fit the guidelines of R3 and R4 zoning. The proposal will allow a minimum of 58- 12,000 sq. ft. lots and a minimum of 97-10,000 sq. ft. lots. Mr. Hoover stated there will be 8 open space lots with an overall density of 2.1 units per acre — creating the desired R-2 type of zoning. In the area is the Kittyhawk airport. Commissioner Rushing presented a design outlining the typical flight pattern which would be directly over the proposal. The Developer will work with the City to design the development where the open space, not homes, would be in the flight PLANNING & ZONING COMMISSION PAGE 6 DECEMBER 6, 2005 pattern area. Mr. Hoover also explained that the school district has planned for an elementary school in this area. Until the plans are finalized to its exact location of the school, the locations for the proposed streets are yet undetermined. Should the school be all or partially in this development, the actual density could lower. Bill Anderson, of Dowdy Anderson, addressed the Commission. He stated this will be a high- end development. Chairman Caplinger opened the Public Hearing. Chairman Caplinger read into record the responses received prior to the meeting: Joseph Dobransky - 2025 E. Kittyhawk (opposed) • Would like to see the "Green Space" of the neighborhood to line up with our runway That would allow a greater distance between the homes and the approaching and departing aircraft. William R. Wines — NEC of request — PD 40 (opposed) • His property is zoned high-rise commercial. Single family homes should not adjoin our property Commissioner Cocking asked about the zoning for PD 40. Mr. Hoover stated it allowed up to a maximum of 15 stories - Corridor Commercial. Commissioner Cocking did say he was concerned about the flight pattern and the placement of the homes. He stated it could cause future problems. Commissioners discussed and had no additional questions. Motion: Upon a motion by Commissioner Wendland and a second by Commissioner Cocking, the Commission voted 6 IN FAVOR, and 1 OPPOSED, with Commissioner Jones casting the negative vote, to recommend approval of Agenda Item 7. The motion carried. Other Business Consider Canceling December 20, 2005, Regular Meeting. Motion: Upon a motion by Commissioner Cocking and a second by Commissioner Rushing the Commission voted 7 IN FAVOR, and 0 OPPOSED, to cancel the December 20, 2005, Regular Meeting. The motion carried. PLANNING & ZONING COMMISSION DECEMBER 6, 2005 IUpcoming Agenda Items: C I PAGE 7 • Final Plat — Villas of Cottonwood Creek • Possibly 2 General Development Plans — Abbey Hill Business Park and a multi- family development near the high school Adiournment Motion: Upon a motion by Commissioner Dreggors and a second by Commissioner Wendland, the Commission voted 7 IN FAVOR and 0 OPPOSED to adjourn the Planning and Zoning Commission meeting at 8:47 p.m. These i es approved this day of 31 ac)Q�o Q �1�� • iW�' O .1[11 Cap ger, Ch ' Kellie Wilson, Planning Technician