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Home My WebLink AboutMin - Planning and Zoning Commission - 2008 - 10/07 - RegularI I ?_ CITY OF ALLEN ATTENDANCE: Commissioners Present: Robert Wendland Jeff Cocking Douglas Dreggors Alan Grimes Marcelle Jones James Rushing Commissioners Absent: Shirley Mangrum City Staff Present Ogden "Bo" Bass, Director of Planning Lee Battle, Assistant Director of Planning Chris Flanigan, Assistant Director of Engineering Tiffany McLeod, Planner Kevin Laughlin, Attorney PLANNING AND ZONING COMMISSION Regular Meeting October 7, 2008 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 9/23/08 Council Meeting There were no items on the 9/23/08 City Council agenda. Consent Agenda 1. Approve minutes of September 2, 2008, Regular Meeting. The Commission requested one correction to the motion for Item 4. Motion: Upon a motion by Commissioner Jones, and a second by Commissioner Dreggors, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda. The motion carried. Regular Agenda Agenda Item 2: Public Hearing/Replat — Conduct a Public Hearing and consider a Replat for The Village at Allen, Lots 1-5 & Lot 6A, Block A, Lots 7A - 7H, Block A, Lots IA — I D, Block B and Lot 2A, Block B, being a replat of The Village at Allen, Lots I - 7, Block A and Lots 1 & 2, Block B. The property is 182.115t acres; located at the southeast comer of US75 and Stacy Road Be Bass, Director of Planning, presented the item to the Commission. The replat does three things. It creates three new lots for tax purposes. In addition, the replat reflects building modifications and adjustments to several easements in order to match as-budts. The replat has been reviewed by the Technical Review Committee. Staff recommends approval of this item Chairman Wendland opened the Public Hearing. With no one wishing to speak, Chairman Wendland closed the Public Hearing. Commissioner Grimes stated the replat is a straight forward housekeeping issue. Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Rushing, the Commission voted 6 IN FAVOR, 0 OPPOSED, to support Item 2. The Motion Carried. Agenda Item 3: Public Hearing — Conduct a Public Hearing and consider an amendment to the Development Regulations to permit self storage as an accessory use and to adopt a concept plan on Tract 5, PD Planned Development No. 58 for SC Shopping Center, for the Appleseed Project. The property is 14,48± acres situated in the Henry Wetsel Survey, Abstract No. 1026, Collin County, City of Allen, Texas; located at the northwest corner of Greenville Avenue and Exchange Parkway Bo Bass, Director of Planning, presented the item to the Commission. The Kroger site, which is Shopping Center zoning, is on the east side of Greenville Avenue. R-5 Residential zoning is located northeast of the site. There is existing Shopping Center zoning to the north and R-7 Residential to the northwest. Multi -family zoning is west of the site. Allen ISD property is located south of Exchange Parkway The applicant is asking for three items to amend: 1. To add self -storage as an accessory use. The current PD -58 does not allow self - storage of any kind. The zoning ordinance does not allow self -storage as a primary use, but as an accessory use. 2. To adopt a concept plan along with PD -58. If approved staff will hold the applicant to the general guidelines of this concept plan. 3. To increase the maximum budding height to 4 -stories and 55 feet to allow for architectural elements. The project is being divided into two phases. The primary structure on site is the Appleseed Project building. It is roughly 54,000 square feet of storage and 55,000 square feet of retail space. A portion of the storage will be dedicated to the retail space for this building. The remaining portion of storage space will be dedicated to the general public for leasing. Staff recommends receiving a ratio of general public storage as a percentage of overall storage from the applicant. This will ensure the public self -storage is an accessory use. The current Shopping Center zoning, as part of this PD, provides for three (3) stories and a maximum height of 45 feet. The request for an additional 10 feet in height is for architectural elements (turrets and towers). The request for four (4) stories is to allow two (2) stories of retaill office in front and four (4) stories of 10 foot tall storage within the building. These stories roughly add up to 45 feet. The concept plan has been reviewed by the Technical Review Committee. Staff recommends approval of this item. Chairman Wendland asked if the 55 feet would apply to the entire property or just the primary building. Mr. Bass stated the PD could be amended to limit the height increase to Phase I only. Commissioner Cocking stated the public hearing notice did not include the height request. He questioned whether the Commission was within the law to proceed with the hearing. The City attorney answered yes. The notice gives sufficient information of the nature of the request. The applicant was invited to speak. Craig Pincince, 5005 LBJ Freeway, Dallas, applicant, spoke in favor of the request. The project is a non-traditional neighborhood center with two purposes: 1. To create public space that supports community growth. 2. To support small business growth. Mr. Pincince continued by stating the project's two phases are directly related to Greenville Avenue. Currently, Greenville Avenue is a state road. Upon the City of Allen taking ownership of Greenville Avenue, a turn lane will be evaluated for the site. This turn lane will provide better access to the property and will ultimately activate the development of Phase II. The Appleseed Project budding consists of public space, retail, restaurants, various office space and storage. The storage space is not a typical self -storage facility. It is primarily there to support the businesses within the center. In addition, it is the developer's goal to acquire LEED certification for the building. Chairman Wendland asked if the office space will be leased. Mr. Pincince stated the virtual workspace will be available through membership and the other workspace will be leased Commissioner Jones questioned the use of the internal space. Mr. Pincince answered the internal space will be designated for storage. Chairman Wendland opened the Public Heating. With no one wishing to speak, Chairman Wendland closed the Public Hearing Chairman Wendland stated that written comments were received and will become a pan of the record (attached). Commissioner Grimes stated a concern with the height request. Mr. Pincince stated that the current zoning allows a building height of 45 feet. The request is to allow four (4) stacked stories of storage and for architectural elements. However, the flat roof elevation is below 45 feet. Commissioner Grimes stated that his understanding was the code specifies the 45 feet for building height, not roof height. A building this height would potentially be the largest structure in the immediate area. Chairman Wendland stated that the he was also concerned about the height; not necessarily on the hard corner but within the site. He is considering the privacy impact on the residential neighbors. He would be in favor of limiting the height to only the Appleseed Project building. Lee Battle, Assistant Director of Planning, made a point of clarification. He stated that building height is measured from ground elevation to flat roof. This maximum height is 45 feet. There is a provision in the code that allows for 10 feet above the building height for decorative features Commissioner Rushing agreed with Commissioner Grimes. Height is a concern. He would like to restrict the increased height to the corner in consideration of the residential areas. Commissioner Jones stated she was concerned with the public hearing notice provisions as it relates to the height request. Therefore, she could not support the request. Commissioner Cocking asked how the storage space will be subleased. Mr. Pincince answered that a market analysis will be done to determine how the storage space is allocated. Commissioner Cocking asked if the storage space will be air conditioned. Mr. Pincince answered yes. Commissioner Cocking asked how storage access will be controlled. Mr. Pincince stated that the loading area will have a controlled gating system. If patrons choose to come afterhours, there will be a keypad of some sort that will open the gate to allow access. Commissioner Cocking stated that any height restrictions must be limited to the comer of the property He is concerned with anything with a height above 45 feet. Commissioner Dreggors questioned whether the applicant has built similar projects. Mr Pincince answered no. I Commissioner Dreggors stated that the storage space required for the building is an estimate. He continued by asking if the storage walls are adjustable. Mr. Pincince stated the walls will be fixed once it is determined what the storage space configuration will be. Commissioner Dreggors asked how this will be determined. Mr. Pincince answered that currently they have an estimate based on a similar facility in California. Commissioner Dreggors asked if there will possibly be restaurants in Phase Il of the project. Mr. Pincince answered yes. He continued by stating there are pad sites for fast food restaurants, retail, etc. In addition, restaurant dedicated space has been allocated in Phase I. Commissioner Dreggors stated the development has a high restaurant intensity He questioned whether restaurants would do well in that environment. Mr. Pincince responded by saying he believes the amount of restaurants in the project are properly segmented. Commissioner Dreggors asked if the proposed bank is committed. Mr. Pincince stated the bank owns the property. The Appleseed Project is purchasing from them Chairman Wendland commended the applicant for his thoroughness. He stated the concept is greatly needed. Height is a concern with respect to the neighbors to the north. He had not considered the aesthetic impact of the building in relation to the corner. Chairman Wendland continued by asking how much area was dedicated to storage. Mr. Pincince stated the plan shows 5,400 square feet of storage space out of the 121,000 square foot building. Ell Chairman Wendland asked how much storage space would be lost if the height was limited to three stories. Mr. Pincince answered 14,000 to 15,000 square feet would be lost. Chairman Wendland commended the applicant on the internalization of all the storage. However, he is concerned with the amount of storage space available for public use as opposed to the storage space for tenant leases. Mr. Pincince stated he cannot provide a figure, however the intent of the project is to expand the tenant storage space to whatever the market allows. Chairman Wendland stated an accessory use is a defined, dedicated use. He questioned what kind of restrictions would be imposed on types of public storage items. Mr. Pincince stated measures have been considered to control what public storage items are allowed. Chairman Wendland asked if the storage facility has windows. Mr. Pincince answered windows are placed along the hallways for security and LEED purposes. Chairman Wendland asked when this item will go to City Council if a recommendation was made. Bo Bass answered the item will go to the October 28, 2008 Council meeting. Chairman Wendland stated he was uncomfortable with the notification for this case. He recommended staff make sure the notification is correct and made a request to re -nonce the zoning amendment. A Craig Pincince, applicant, made a request to withdraw the request for a height variance and story variance. As a result, the applicant is only requesting to consider an amendment to the Development Regulations to permit self storage as an accessory use and to adopt a concept plan on Tract 5, PD Planned Development No. 58 for SC Shopping Center, for the Appleseed Project. Commissioner Jones stated she was concerned with not having a handle on the extent of public use storage. She requested a percentage of tenant storage space versus public storage space. Mr. Pincince stated he could not provide a percentage at this time. Commissioner Jones asked if less than one-half of the storage space would support the tenants. Mr. Pincince answered initially the tenant storage would be less. However, as demand increases more storage would be used for tenants. Commissioner Jones stated she was concerned that the business model does not fit the definition of an accessory use. Any percentage above 50% goes beyond the definition of an accessory use. Chairman Wendland stated the concept of an accessory use as a use with less than 50% dedicated to the public. He stated that a percentage of public space versus tenant space needs to be defined to qualify the model as an accessory use. Chairman Wendland asked if screening is provided for the loading dock, located on the north side of the building. Mr. Pincince answered screening is not currently provided. However, the proposed screening could be extended to the loading dock. Commissioner Cocking stated he does not believe dedicating a percentage of public storage .space will be enforceable by the City He believes the Commission must approve the accessory use only, not a percentage. Commissioner Grimes stated any storage (whether public or tenant) should be considered the accessory use. Bo Bass, Director of Planning, stated the ordinance does not define percentages associated with accessory use. it is defined as a use supported by the primary use. Staff defined the storage as an accessory use due to the amount of storage space in relation to the amount of gross building area. Bret Sheldon, 5005 LBJ Freeway, Dallas, applicant representative, stated the project will not be financed if storage space is restricted to a percentage of tenant and public space. Chairman Wendland questioned how storage space percentages could be enforced. Mr. Bass stated the City could require percentages added to the PD. If complaints occur, the responsibility is on the developer to prove the percentages are being held. Mr. Sheldon stated he could not commit to percentages because the business model is based on the economy He questioned how the storage use was harming the City and community. He asked the Commission to consider this model as a new concept. Chairman Wendland stated he wanted to support the request; however the PD does now allow 1 public storage as a primary use for a reason. Commissioner Grimes stated tenant and/or public storage is an accessory to the site. Even if the storage was 100% for the tenants, there will still be the same vehicular traffic. He would support allowing public storage and limiting the operating hours. Chairman Wendland stated he would not be opposed to a time limitation to allow the facility to grow into incubator tenant storage. Commissioner Cocking suggested including a clause that states in the event of a complaint the City has the right to enforce storage percentage regulations. The City attorney stated this would be difficult to incorporate into a PD. Commissioner Jones asked how the storage space would be marketed to the public. Craig Pincince answered the storage would be traditionally marketed (Yellow Pages, etc.) along with the rest of the project. Commissioner Cocking suggested approving the PD amendment with the condition that the public storage space could not be advertised. Mr. Pincince stated the business would not be viable with a signage restriction. Commissioner Jones questioned whether a separate certificate would be required to operate the storage component. Lee Battle answered the managed building and storage space will have separate Certificates of Occupancy Commissioner Grimes stated he has no problem with the stotage being an accessory use. However, the public storage aspect of the accessory use must be limited. Commissioner Cocking made the recommendation for the applicant to work with staff to come up with a viable solution. Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner Jones, the Commission voted 6 IN FAVOR, 0 OPPOSED, to re -open the Public Hearing and continue the Public Hearing to October 21, 2008. The motion carried. Other Business Upcoming agenda items include a final plat, combination plat and replat. These items are currently pending. I Adiournment i Motion: Upon a motion by Commissioner Dreggors and a second by Commissioner Rushing the Commission voted 6 IN FAVOR and 0 OPPOSED to adjourn the Planning and Zoning Commission meeting at 9:20 p.m. These mjn nes'pprp(fed,thi� _ _ / day of 2008. Ro Wendland, !Chairman Tiffany McLeod, Planner I The property Is 1448t acres located at line northwest corner of Greenville Avenue end Exchange Parkway CURRENT ZONING: The property is currently zoned PO Planned Development No 5a for SC Shopping Center REQUESTED ZONING: The rmuest Is to amend the Development Regulations on Trect 5 to perms self storage as an accessory use and to adopt a concept plan. According to the cunenl tax records, you ere the owner of property within 200 feel of the proposed zoning Case. The hearing is open to are pubic and you have the right to speak for or against Ore proposed change You may also register your opinion by returning this form to the Department of Planning d Development, 305 Century Parkway, Alen Tan, 75013 or by to at (214) 509-4179. The Planning R Zoning Commissxal fonvarde is recommendations for any zoning change to the City Council after conducting a public hearing Cases recommandod for approval are automatically scheduled for a pubic hearing before the CRY Council Cases recommended for dened may be appealed by the applicant within thirty (30) days, At that time a hearing we be scheduled before the City Council Please comact the Planning Department, 305 Cemury Parkway, Allen, Texas, 75013 for additional information or call Bo Bass. or if mall bbasasacihrofaeen.am X CU here ZONING CASE Z-9/25)08-94 (Appieseed Project) Members o(** Planning A Zoning Commission I, -N(.ft VS VA1f"Q S , with property located et I A);j ' 1'9 , Allen, Texas (NAME) (AaDRESS) _v Support R Oppose A NOTICE TO PROPERTY OWNER WITHIN 200 FEET OF PUBLIC HEARING FOR PROPOSED ZONING I Ill"= CITY OF ALLEN ZONING CASE Z- W2408-94 (Appteseed Project) The Allen Puanning 8 Zoning Commission will conduct a public hearing on October 7, 2009 at 7 OO p m. in the Allen City Hall Council Chambers, 305 Century Parkway, Allen. Texas, to consider the zoning rase as described below, The property Is 1448t acres located at line northwest corner of Greenville Avenue end Exchange Parkway CURRENT ZONING: The property is currently zoned PO Planned Development No 5a for SC Shopping Center REQUESTED ZONING: The rmuest Is to amend the Development Regulations on Trect 5 to perms self storage as an accessory use and to adopt a concept plan. According to the cunenl tax records, you ere the owner of property within 200 feel of the proposed zoning Case. The hearing is open to are pubic and you have the right to speak for or against Ore proposed change You may also register your opinion by returning this form to the Department of Planning d Development, 305 Century Parkway, Alen Tan, 75013 or by to at (214) 509-4179. The Planning R Zoning Commissxal fonvarde is recommendations for any zoning change to the City Council after conducting a public hearing Cases recommandod for approval are automatically scheduled for a pubic hearing before the CRY Council Cases recommended for dened may be appealed by the applicant within thirty (30) days, At that time a hearing we be scheduled before the City Council Please comact the Planning Department, 305 Cemury Parkway, Allen, Texas, 75013 for additional information or call Bo Bass. or if mall bbasasacihrofaeen.am X CU here ZONING CASE Z-9/25)08-94 (Appieseed Project) Members o(** Planning A Zoning Commission I, -N(.ft VS VA1f"Q S , with property located et I A);j ' 1'9 , Allen, Texas (NAME) (AaDRESS) _v Support R Oppose A NOTICE TO PROPERTY OWNER WITHIN 208 FEET ZONING CASE HEARING G FOR PROPOSED ZONING CITY ALLEN ■ ! 925/00-94 (Appleseed Project) �� The Allen Panning 5 Zoning Cones Ra,M will Induct a public hears on October !he Allen City Hal Cauncll Chambers, 305 Century Parkway, Allen Te as,008 1 100 p In descnbeo below focctle Zthe zoncng case as • The property .s 14 483 ares located at the northwest comer of Greenville Avenue and Exchange Parkway. CURRENT ZONING: The Property is currently zoned PD Planned Development NO 58 for SC Shopping Center. REQUESTED ZONING The 'equest is to amend the Development Regulations on Tract 5 to permit self slorage as an accessory use and to aMpt a concept Plan Accordmg to the current tax records, you ars the owner of case The hearing is open to the Public and property hI to speak feet or the st the h proposed zoning change. You may also register your opinion you thihe s torts to the Department tof PWnnuig�g DevelopmaM, 305 Century Parkway, Allen Texas, 75013 m by fax at (214) 508-4179. The Count IaNer�c& Zoninging a omhnipublic sion r0�ards 3 racommandarpns IM any zoning change to the Co forCO a Public hearing conducting a lbs Ctyaring. Casst e recommended for approval are auternabca ly scheduled applicant wthln thirty (301 days. At that ams a he es retafor dental may be appealed by the arxg will bee scheduled before the Gly Council. Please contact the Planning Oeparlment. 305 Century Parkway, Allen, Texas, 75013 for additional information or call So Bay, or small 00032 botalle te ti X Out hon ...... .. ...... _..__..... ZONING CASE Z-9125/08-91 (Appiesead pmlpG) Membersofthe Plannhrg&ZonkV Commlybn: ''11I, Jay, N�v, 1 P"Wwlh property'Matetl at �TT r Y Allen, Texas I�DDRE35) _ Support Oppose The Proposed zoning Manges for Ste following reasons ro W rtl PATE