HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2008 - 10/21 - RegularCITY OF ALLEN
ATTENDANCE:
Commissioners Present:
Robert Wendland
Jeff Cocking
Douglas Dreggors
Alan Grimes
Marcelle Jones
Shirley Mangrum
James Rushing
Commissioners Absent:
None
City Staff Present:
Bo Bass, Director of Planning
Lee Battle, Assistant Director of Planning
Chris Flanigan, Assistant Director of Engineering
Tiffany McLeod, Planner
Amber Slayton, Attorney
PLANNING AND ZONING
COMMISSION
Regular Meeting
October 21, 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 10/14/08 Council Meeting
There were no items on the 10/14/08 City Council agenda.
Consent Agenda
1. Approve minutes of October 7, 2008, Regular Meeting.
2. Final Plat — Consider a Final Plat for Starcreek Commercial, Lots 1-3, Block C, being 12.154+
acres located at the southeast comer of Watters Road and Ridgeview Drive
Motion: Upon a motion by Commissioner Rushing, and a second by Commissioner
Grimes, 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 — Consider a Residential Replat for lots 5-15 and 17-
20, Block K of Bethany Ridge Estates II, Phase B, to add a 50 ft. strip of land
to the rear of each lot. The property is 4.637± acres located on Cassandra
Lane.
Lee Battle, Assistant Director of Planning, presented the item to the Commission. The purpose of
the replat is to add a 50 foot strip of land to the rear of Lots 5-15 and 17-20. Presently this strip of land is
unused open space and includes a NTM WD utility easement. The intent (when Bethany Ridge Estates II
was developed) was that the HOA would take over ownership and maintenance of this area for the
neighborhood. For unknown reasons, an HOA was not successfully established for this subdivision and
the developer retained ownership of this strip of land.
Over the years, the adjacent residents and the City have struggled with issues related to maintenance and
use of this property The property has not been consistently maintained by the owner, and often the
adjacent residents have mowed and cleaned the property In addition, the adjacent residents have used the
property to park vehicles and traders, to store materials, or for other activities. Many of these activities
are violations of the City's Property Maintenance Code, and City Code Officers have tried to work with
residents to find solutions.
The proposed replat divides the 50 foot wide strip and incorporates it into the existing lots, basically
extending the existing lots to the other side of the alley The alley will remain with an alley easement and
will function and be maintained as any other alley in the City The individual lot owners will be
responsible for maintenance of the area and will be allowed to use it as an extension of their lots. The 50
foot NTMWD easement will remain in place, and will prevent permanent structures from being built in
this area. Staff believes that this replat will help provide a long-term solution for the use and maintenance
of this property The replat has been reviewed by the Technical Review Committee Staff recommends
approval of this item.
Commissioner Grimes questioned why one of the lots did not participate. Mr. Battle stated the lot owner
had no objection to the replat, however due to financial concerns the owner chose not to participate He
continued by saying ownership could be transferred at a later date.
Chairman Wendland opened the Public Hearing.
With no one wishing to speak, Chairman Wendland closed the Public Hearing.
Commissioner Dreggors stated that there are several ordinances on yard parking, fencing, etc. He
questioned whether these ordinances will be applicable. Mr. Battle answered yes.
Commissioner Dreggors questioned if cars could park on the strip of land. Mr. Battle stated that residents
cannot park a car or truck on the strip of land; however a boat, camper or trailer can be parked there
Commissioner Dreggors stated that the City is abandoning that portion of the alleyway. He questioned
whether the alley will be maintained Mr. Battle responded by saying the right-of-way is being
abandoned and replaced by an easement and will continue to be maintained.
Commissioner Mangmm asked if there will be fencing on the northside of the property Mr. Battle stated
that there is currently a chain link fence on the property
j Commissioner Grimes asked if the replat is just for the strip of land behind Cassandra Lane. Mr. Battle
answered yes.
Commissioner Jones asked if the property owners would be able to enclose this space. Mr. Battle stated
the property owners could enclose the space; however they cannot block the easement.
Commissioner Rushing asked if the road to the south of the property be expanded in the future. Mr.
Battle stated he did not believe so.
Commissioner Grimes stated that the replat was a great solution to a problem in the neighborhood
and the City He commended the residents for working together and with the City
Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner
Jones, the Commission voted 7 IN FAVOR, 0 OPPOSED, to approve Item 3.
The motion carried.
Agenda Item 4: Tabled Item/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.
Lee Battle, Assistant Director of Planning, presented the item to the Commission. This item was
presented at the last meeting and tabled for further discussion. A new concept plan has been
provided. In addition, the size of the building has been reduced and the parking and phasing has
been changed. Staff recommends approval with the following recommendations:
1. Total storage portion will be less than 50% of the total building area.
2. Less than 50% of storage space will be available for lease to the general public
3. A list of prohibited items for storage is included in the ordinance
The applicant was invited to speak.
Bret Sheldon, 5005 LBJ Freeway, Dallas, applicant, spoke in favor of the request. He stated that
the last meeting was very valuable. Appleseed is a new project with a company mission is to
create great neighborhood life. The critical component of Appleseed is the Work Club. The
critical component of the Work Club is the business and specialty stores that integrate with the
Work Club. Traditional storage has not been used any application of the Appleseed Project.
Concerns with self -storage are shared; however the primary storage for the Appleseed Project is
business specialty storage.
A
Previously there were several items that were outside the boundaries of the City's ordinance.
The applicant has come back with solutions and controls such as reduction of building height and
enclosing the cooling tower.
The comments and concerns from the Commission are appreciated. It will help grow the concept
of Appleseed in other cities.
Chairman Wendland opened the Public Hearing.
With no one wishing to speak, Chairman Wendland closed the Public Hearing.
Commissioner Grimes stated he did not have a problem with the concept The concern was
undefined storage. He is comfortable with the project if the letter of intent is added to the
ordinance.
Commissioner Rushing asked if signage has been addressed. Lee Battle stated the applicant has
not proposed anything specific.
Chairman Wendland stated that sign regulations currently exist as part of the existing PD. Mr.
Battle concurred. There are no special provisions in the PD, therefore the sign regulations will
fall back to the regular sign ordinance. The applicant is not requesting any waiver to these
regulations.
Commissioner Jones asked for clarifications of statements in the applicant's letter of intent The
letter of intent suggests the applicant agreeing to no more than 45% public storage. In addition,
she suggests changing wording of "lodging, sleeping, cooking, or consumption of alcoholic
beverages"(m the Prohibited Uses list) to indicate these are not allowable uses in the storage
space.
Commissioner Cocking questioned Item 415, of the Prohibited Uses list, which includes food.
He continued by requesting clarification of the food restriction since some of the proposed
tenants will be restaurants. Bret Sheldon stated that the intent of the food restriction was for
completed products; not ingredients. That item will be revised in the ordinance.
Commissioner Mangrum commended staff and the applicant. She can support the request.
Commissioner Dreggors stated that paint was not listed in the Prohibited Uses list. He
questioned what kind of paints would be permitted (particularly water-based paint). Bret
Sheldon stated the types of paint that will be allowed are for incidental use applications.
Chairman Wendland suggested adding a qualifier to the development regulations that would
specify the type and quantity of materials in violation of the City's health and safety regulations.
He continued by stating he is in favor of the concept and the plan.
Commissioner Jones asked about the process to enforce the public storage percentage. Lee
Battle stated the burden is on the property owner to prove compliance with the storage
percentage regulation. The City can approach the developer at anytime to request certification.
Chairman Wendland stated that staff's recommendation is to approve the request if no more than
50% of the general storage is used for public use. The applicant's letter of intent states limiting
public use storage to 45%. He stated he would be more in favor of the 45%.
Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner
Jones, the Commission voted 7 IN FAVOR, 0 OPPOSED, to approve Item 4
with the following additional items:
• The net rentable storage square footage does not exceed 50% of the
total project square footage.
• No more than 45% of the storage will be available for leasing by the
general public.
• Acceptance of the storage rules with the following changes:
o #15. Removing the word "food" and adding the wording,
"food product storage is limited to onsite tenants only".
o #16. Revising the wording to state, "Space cannot be used for
lodging, sleeping, cooking or consumption of alcoholic
beverages."
o Staff works with list to do additional editing.
The motion carried.
Election of officers will be placed on the upcoming agenda.
Commissioner Grimes asked about the new requirements as it relates to noticing the Director's
Report on the agenda.
Amber Slayton, Attorney, stated the P&Z agenda was reviewed; resulting in the removal of the
Future Agenda item. In connection with the Attorney General's opinion, staff has been advised
to further clarify the Director's Report item by stating "Director's Report: Action taken, on the
Planning & Zoning items, by the City Council at their mm/dd/year meeting."
Adjournment
Motion: Upon a motion by Commissioner Dreggors and a second by Commissioner
Rushing the Commission voted 7 IN FAVOR and 0 OPPOSED to adjourn the Planning
and Zoning Commission meeting at 7:40 p.m.
These/ lites app v d this °a day of `" 6'2008.
/ 7t'' - '
Robert Wendland, Chairman Tiffany McLeod, Planner