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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2008 - 11/18 - Regularjr�� PLANNING AND ZONING COMMISSION Regular Meeting CITY OF ALLEN November 18, 2008 ATTENDANCE: Commissioners Present: Robert Wendland Jeff Cocking Douglas Dreggors Alan Grimes Marcelle Jones Shirley Mangrum James Rushing Commissioners Absent: None City Staff Present: Ogden `Be" Bass, Director of Planning & Development Lee Battle, Assistant Director of Planning & Development Chris Flanigan, Assistant Director of Engineering Kevin Laughlin, Attorney Tiffany McLeod, Planner Call to Order and Announce a Quorum is Present With a quorum of the Commissioners present. Chairman Wendland 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 from 11/11/08 Council Meeting Director's Report is attached. Consent Agenda 1. Approve minutes of the November 4, 2008 meeting. 2. Final Plat — Consider a Final Plat for Lot 13, Block B, Slarereek Commercial for Suikz. The property is 3.8681 acres located east of the northeast corner of Ridgeview Drive and Watters Road. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner 1 Rushing, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda. The Motion Carried. Regular Agenda Agenda Item #3: Public Hearing/Replat — Conduct a Public Hearing and consider a Replat for Lot 2 & Lot 3, Block B, Exxon Allen Heights Addition, being a Replat of Lot 2, Block B, Exxon Allen Heights Addition. The property is 3.7582± acres located east of the southeast corner of Main Street and Allen Heights Drive. Tiffany McLeod, Planner, presented the item to the Commission. The purpose of the replat is to divide existing Lot 2 into two lots. A shopping center will be built in one of the lots. The replat has been reviewed by the Technical Review Committee (TRC). Staff recommends approval of this item. Chairman Wendland opened the Public Hearing. With no one wishing to speak. Chairman Wendland closed the Public Hearing. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Rushing, the Commission voted 71N FAVOR, 0 OPPOSED, to approve Item 3. The motion carried. Agenda Item #4: Public Hearing — Conduct a Public Hearing and consider a request for SUP Specific Use Permit No. 106 for Harvest Oaks Baptist Church, being 3.616± acres located in the Simons Burns Survey, Abstract No. 92, Tract 5; located at 1403 Bethany Drive. Ogden "Be" Bass, Director of Planning, presented the item to the Commission. The church is requesting a specific use permit to develop this property The Allen Land Development Code (ALDC) requires that a Specific Use Permit (SUP) be approved prior to the development of a church, temple or rectory on land zoned R-5 Residential. While the site may be developed over time in phases, the applicant is requesting SUP approval for the entire 3.16 acre property. As such, the potential impact of the development of the entire site on surrounding land uses must be considered. The first phase will be to move into the existing budding and complete improvements necessary to operate the church including a parking lot and landscaping The second phase is the full development of the lots, which includes removal of existing buildings and construction of multiple new buildings. While the proposed concept site development plan meets ALDC paiking standards (I parking space per 3 fixed seats), staff has sufficient cause for concern to recommend denial of the SUP The site is enclosed on its West, North and East sides by existing single-family residential lots. It is bound to the South by Bethany Drive. The applicant has indicated a quantity of parking that exactly meets the ALDC parking standard. Staff has significant concerns that should additional parking be required in the future, no area remains on the site on which to construct such additional parking. And, furthermore, that should additional parking spaces be needed, and realizing that no parking will be allowed on Bethany Drive, church attendees would have little alternative other than to park within the immediately adjacent single-family neighborhood. Staff recommends denial of this item. Doug Mouse], 5400 Dallas Parkway, Frisco, applicant representative, .spoke in favor of the request. He invited the members of the church to stand. He continued by presenting the church's request to the Commission. The property will be screened per staffs recommendations and a screening plan is included. The concept plan provides the required number of parking spaces per the ALDC. City staff has stated that additional parking is required. This request for additional parking is not consistent with the ALDC parking standards, parking previously required of other churches and parking requirements of other surrounding municipalities. The church met with area residents to discuss the project and their concerns were addressed. There is federal legislation in place that applies to the regulation of religious uses. Mr. Mouse] requested that the Commission consider this legislation when deciding on a recommendation. The church is requesting approval of this SUP request Jay Gibson, 741 Cheyenne Drive, Allen, applicant, Senior Pastor, spoke in favor of the request i He stated that the church vision is to be a community church. They do not plan to grow past the worship center maximum. Once the church grows to around 150 to 200 people, they will move some families to a new site. Another option is to go to multiple services to remedy the parking issue. Chairman Wendland opened the Public Hearing Larry Frasure, 754 Big Bend Drive, Allen, spoke in opposition of the request. He stated that he is concerned with safety. He questioned who would maintain the property and if code enforcement would take care of overgrown/dead vegetation. Parking is another issue. For cemun events, there will be "overparking" problems. Orene Beck, 1439 Berkley Road, Allen, spoke in favor of the request. She is concerned with the location of the parking lot, however, would rather have church on property than another type of development. Chris Farr, 1436 Berkley Road, Allen, spoke in opposition of the request. Mr. Farr invited the residents, adjacent to the property, to stand. He stated he lives in the neighborhood and is happy that the church is going on the site. However, he is concerned with noise, lighting and the possibility for future upward expansion. In addition, he is concerned with the resale of his home if the church develops behind his property I Dan Zaccara, 739 Cheyenne Drive, Allen, spoke in favor of the request. He believes in the church's vision and in the applicant. In addition he believes this is a positive alternative for this property Patrick Kafor, 737 Cheyenne Drive, Allen, spoke in opposition of the request. He believes the church would potentially bring a negative impact to the neighborhood He is concerned with parking associated with church growth. He stated that the possibility of relocating was mentioned; however there will still be a wait period. He is concerned with noise, parking, potential construction issues and safety. Jerry Gibson, 4409 Sycamore Lane, Parker, Harvest Oaks Baptist Church trustee, spoke in favor of the request. He stated he served on the Planning and Zoning Commission for North Texas cities in the past. For concerns about building height, an SUP would be required for the construction of a taller building. The original owners of the community feel the project is the most suitable use of the property. He believes the church has met all of the City's requirements. Marci Farr, 1436 Berkley Road, Allen, spoke in opposition of the request. She stated that out of fourteen (14) homes, eleven (11) were against this request due to the issues discussed (petition attached). She believes the space is an odd shape and is concerned with privacy, safety and future uses of property Ryan Schefke, 742 Big Bend Drive, Allen, spoke in opposition of the request. He is concerned with the amount of church versus the size of the property He believes the huge parking lot will be an eyesore. He is also concerned with noise and traffic. Matt Marron, 1701 Summerfield Drive, Allen, spoke in opposition of the request. He stated he appreciates the fact that every property in Allen is not built out. He hopes to preserve the property as what it is today. He is concerned with parking and overflow and believes the church will cause significant traffic disruption. He does not believe the church is an appropriate use for the property Lordene Brown, 1428 Berkley Road, Allen, spoke in opposition of the request. She is concerned with the environmental impact of cars being parked on the site. With no one else wishing to speak, Chairman Wendland closed the Public Hearing. He stated that written submissions will also be made part of the record (attached). Commissioner Grimes stated he knows the neighborhood. Even though it meets the letter of the law, he does not believe the church is a good fit. The proposed church is too heavy of a use for the property Every other church shown as an example has room to grow Commissioner Rushing stated the land is zoned R-5 Residential. He believes this is not a place for a church. Churches are in use seven (7) days a week. I Commissioner Jones is concerned with special events. She does not believe the church is an { appropriate use. The site will not be sufficiently parked for special events. She stated that the issue is intensity. Commissioner Cocking questioned how to handle a piece of property that has been "left over" He stated that the applicant has followed all requests. He would support the request if limitations were placed on the SUP such as limiting multi -stories, light barriers and noise ordinances. Commissioner Mangrum stated she sees growth in the church's future. She has an issue with growth, parking and activity on the site. She suggested that if the church wanted to start a daycare program there would not be enough land to build a playground. Commissioner Dreggors stated the space on the site is limited. Chariman Wendland commended the Commissioners for their eloquence. He continued by saying he looked at the site and believes the use is too intense. Traffic and parking are issues. He would not want to impose conditions on operations of a church. He could have supported a request fox Phase 1. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Rushing, the Commission voted 7 IN FAVOR, 0 OPPOSED, to deny Item 4. The motion carried. Adiournment Motion: Upon a motion by Commissioner Dreggors and a second by Commissioner Rushing the Coo mission voted 7 IN FAVOR and 0 OPPOSED to adjourn the Planning and Zoning Co mission meeting at 5:15 p.m. Thee i tes a r veil t i�d� f `�""' 20(�. / _ ZL ert e,dl=d, airman TiffAy cod, Planner i v L Director's Report from 11/11/08 Council Meeting Ogden "Bo" Bass, Director of Planning & Development, reported to the Commission. The City Council approved the zoning amendment for the Appleseed Project. All of the conditions and recommendations from the Planning and Zoning Commission were accepted. 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G\\ \ i{\ �\ G=«:§ vi. a (D » T) \z !%2 71f&■ ) $$\ a� _ ` y o : \!aE! _ v} coa j\. ^ �3 o @ =}00 ` \ ; y ®4 \o g}\-! * 6 y 2 %@ y §�E;f ` » 0 § °f \`;% © §\ Sm)m/a3 5 M 00 0 9 \ �! a ; § / m;u.CO _a B _(`i / CD/°® m:E / z £ 7;/ §!!;/ u2;f2( ± / ! w w 2 ± ! }f\2z; ® + | ! > [ \k( oc4,8 4)i$§J 0 / z } \\� ;VV 5' u)\` : � g _! (&:27 x m 0 )% _ k/j�� . / § 9 \ U=0 00 CD \ \ A 0 ~ ,M � , (\ 0} >�OM o 2 / ® 7 § ee - T. * ®'~ t% 7 )m J§§ ( » ® 00 §! 1!\ r q <0 2 $ 3 0> M. 3 ;! z PLANNING AND ZONING COMMISSION SPEAKER CARD w Date of meeting l0- Name 2a Address City--& , Phone# 1 -NQ- `65o 4 Agenda Item No. WI v III be speaking in favor 173 opposed I do not wish to speak, but I would like to make the foil mg comments: lin favor t7 opposed - e -VL,._ Please remember to step to the podium as soon as the chair recognizes you; state your name and address before beginning your presentation. If you have written notes you wish to present, PLEASE FURNISH AN EXTRA COPY FOR THE OFFICIAL CITY FILES. The Planning and Zoning Commission will appreciate each speaker limiting public testimony on any one item to three (3) minutes. Thank you for your your interest in the CITY OF ALLEN. A A 0 ri I C A N m O 3 z m z � D y 3 m m7 m N d w � o o N -- F O 2 � � s � 2 o n � 3 O � m 3 o a m w O c S S C N n S D � c c A m N N D m y m m N --------------------------- X Cul here ZONING CASE Z-3128/0844 (Honed Oaks Itaptlat Chu¢h) Membere Of the planning L Zoning Callmlealbn: I, kh1ft T 6,6,m mth pmp" located at IVP{/dnyr, Allen, Texas (NAME) ( UDRFSS) ✓support Oppose srurverurm DME A UL I. UV TO i .f� NOTICEPROPERTY OWNER WITHIN 200 FEET OFTO HEARING FOR PROPOSED ZONING CITY OF ALLEN ZONING CASE Z-31281DB-44 Harvest Oaks Baptist Church The Allen Planning a Zoning Commission will Conduct a public hearing on November 18, 2008 at 7'00 p in in the Allen City Hall Council Chambers, 305 Century Parkway, Alien, Texas, to consider the zoning case as described below The property is 3.6161 acres located In the Simons Burns Survey, Abstract No. 92, Tract 5, 1403 Bethany Drive. Men. Texas CURRENT ZONING, The property is currently zoned R�5 Residential REQUESTED ZONING- The request is for an SUP Specific Use Permit fees church Accoreing to the currant lax retards, you are the owner utpmperty within 200 feel of the proposed zoning case. The hearing Is open la the public and you have the right 10 speak for or against Ins proposed change. You may also register your opinion by returning this form to the Department of Planning if Development, 305 Century Parkway, Allen Texas, 75013 or by fax at (214) 509,4179. The Planning 8 Zoning Commmsion forwards Its recommendations for any zoning change W the City Council after conducting a public hearing. Cases recommended for approval are wtama6caily scheduled far a public hearing batch, the City Council. Cases recommended for denial may be appealed by the o applicant within thirty (30) day% At that time a hearing will be ch itulad before the City Council. Pfeaset laci-the-PlanninWDepanmen6-305-Century.Parkway,Allen,.Texas,.750]S.focaddirlonal information or Call Lee Battle, 214-509-4183, or e-mail Iba81e®dtyofalan.ary ................................---------- .--------- ......... X Cut Mm Y ZONING CASE Z- 312870" (Harvest Oaks Baptist Church) Members of the Planning b Zoning Commission: I, lAB-l`.1Q� with Properly located at 2 F-s�-l"tti, Man, Texas (NAME) (ADD1tESS) Support Oppose The proposed zoning charpes for the following reasons: y .o"c, SC t't . sei 6 �ni�o fir L SIGNATURE DATE ;n mCC w, \a 1n�5 oxc oh, s;\ d61c, I The Allen Planning 8 Zoning Commssion will conouct a public hearing on November 18, 2008 at 7 OC p in in the Alen Co Hae Council Chambers, 305 Century Parkway, Allen, Texas, to comider the zoning case as descnoed below: The property is 3 818± acres located In tha Simons Burns Survey, Abstract No 92, Tract 5, 1403 Bethany Drive, Allen, Texas CURRENT ZONING: The property is currently, zoned R-5 Residential REQUESTED ZONING: The request is for an SUP Specific Use Permit for a church. According to the current tax records. you are the owner of properly within 200 feet of the proposed zoning case The hearing is open in the pudic and you have the right to speak for or against the proposed change You may also register your opinion by returning this form to the Department of Planning 8 Development, 305 Century Parkway, Allen Texas, 75013 or by fax at (214) 509-4179 The Planning 8 Zoning Commission forwards its recommendations for any zoning change to the City Council after conducting a pudic hearing. Cases recommenced for approval arc automatically scheduled for a pudic hearing before the City Council. Cases recommended for denial may be appealed by the applicant within thirty (30) days Al that lime a hearing will be scheduled before the City Council Please contact the Planning Department, 305 Century Parkway, Allen, Texas, 75013 for additional information or call Lee Battle, 214-SD94153, or e-mail Ibadle@crtyofalien org ---------------------------- ------------------------------------------- .--_....... . X Cut here ZONING CASE Z-3128108-44 (Harvest Oaks Saptist Church) Members of the planning i Zoning Commission: I.T^lhct Gec P�A-i'tn with properly located at 737 C6t g49iQr.1E L�xIy6- Alfon, Texas (NAME) (ADDRESS) Support Oppose Proposed zoning charges for the following reasons: 61..., "-'i (�.ti r.Q Nle CATE L_ s, >— NOTICE TO PROPERTY OWNER WITHIN 200 FEET OF PUBLIC HEARING FOR PROPOSED ZONING CITYOF ZONING CASE Z-3128/0844 Harvest Oaks Baptist Church I The Allen Planning 8 Zoning Commssion will conouct a public hearing on November 18, 2008 at 7 OC p in in the Alen Co Hae Council Chambers, 305 Century Parkway, Allen, Texas, to comider the zoning case as descnoed below: The property is 3 818± acres located In tha Simons Burns Survey, Abstract No 92, Tract 5, 1403 Bethany Drive, Allen, Texas CURRENT ZONING: The property is currently, zoned R-5 Residential REQUESTED ZONING: The request is for an SUP Specific Use Permit for a church. According to the current tax records. you are the owner of properly within 200 feet of the proposed zoning case The hearing is open in the pudic and you have the right to speak for or against the proposed change You may also register your opinion by returning this form to the Department of Planning 8 Development, 305 Century Parkway, Allen Texas, 75013 or by fax at (214) 509-4179 The Planning 8 Zoning Commission forwards its recommendations for any zoning change to the City Council after conducting a pudic hearing. Cases recommenced for approval arc automatically scheduled for a pudic hearing before the City Council. Cases recommended for denial may be appealed by the applicant within thirty (30) days Al that lime a hearing will be scheduled before the City Council Please contact the Planning Department, 305 Century Parkway, Allen, Texas, 75013 for additional information or call Lee Battle, 214-SD94153, or e-mail Ibadle@crtyofalien org ---------------------------- ------------------------------------------- .--_....... . X Cut here ZONING CASE Z-3128108-44 (Harvest Oaks Saptist Church) Members of the planning i Zoning Commission: I.T^lhct Gec P�A-i'tn with properly located at 737 C6t g49iQr.1E L�xIy6- Alfon, Texas (NAME) (ADDRESS) Support Oppose Proposed zoning charges for the following reasons: 61..., "-'i (�.ti r.Q Nle CATE L_ s, _ NOTICE TO PROPERTY OWNER WITHIN 200 FEET OF PUBLIC HEARING FOR PROPOSED ZONING CITY OF ALLEN ZONING CASE ZJf2540544 Harvest Oaks Baptist Church rhe Allen Planning & Zoning Commission Will Wrafucl a pubic heanng on November 18, 2005 at 7,00 p m in the Allen City Hall Council Chambers. 305 Century Parkway, Allen, Taxes, to consider the zoning case as deacrlbed below • The property 4 3 518* acres located in the Sknons Bums Survey, Abstract 1192, Tract 5. 1403 Bethany Dive, Allen, Texas. CURRENT ZONING: The property s currently zoned R-5 Radenhal. REQUESTED ZONING: The request is for an SUP Specific Use Permit for a church. According to the current lax records, you are Ma owner Of properly within 200 Isar of this proposed zoning case. The hearing is open to the pubic and you have the right to speak for or again the proposed change. You may also register your opinion by returning this form to the Department of Planning & Development 305 Century Parkway, Allen Texas. 75013 or by fax at (214) 5094179. The Planning & Zang Commission forwards N recommendations for any zoning change to the City Council after conducting a public hawing. Casa recommended for approval ane aulonratk:aly scheduled for a public hearing before the City CounUA Cases recommended for denial may be appealed by the applicant within thirty (30) days. At that time a hearing will be scheduled before the City Council. Please contact the Planning Deparbnenk 305 Century Parkway, Allen, Texas, 75013 for additional information or call Lee Daft, 214-5094103, Wl ll %attIa& 1Ien.org X Cut here ZONING CASE Z -3/1&r05-44 (His"d Oaks Baptist Church) Meben of( -/the Planning A Zoning Commmlon: 1 1. A 4a61 qfr 01•4 w 1h ploperty localaid at )N 3 �1I, F� " � Poi , Allen. Texas (NAME) (ADDRESS upport Oppose I I I I yo a O 3 MM; l L1l,II�� P \L l{I II�IIIIIIII.IIII�. \ ��I�SL-'I.LIL�� 1� 21 � 1iR�RS7K�1r�►s1�IffdR i�fwl= !Rd�E�Sl.�r�M11�ff•��aF�.lAl10Il.P�2�fL►'�f�!1!�Sai�C�i'��� ra��+1i�-�i�l�►��/I���I� i+�t���lJIAI� ��:�i/i1lI1lE�!1l%JI�I�f���F�'T>�/.�Tlllt[:i��;�C!rTALI►l'NIPfr7ICr�&�Lmt�Ii ii��Jl�li3� tL'�i!it `IiYJEilil��iKul INFAA=WFIW7 Ib� IIIc!IDZf ii31�lF' +I.FYI/7l.-i•�_II+MMMAAMMM� WMJFWWAMM—q �_�_� �id/[�� d Z y a A v N O 7 X CD N E O O in N