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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2009 - 11/17 - RegularPLANNING AND ZONING COMMISSION Regular Meeting November 17, 2009 CITY OF ALLEN ATTENDANCE: Commissioners Present: Jeff Cocking Douglas Dreggors Shirley Mangrum Steven Platt, Jr. James Rushing Robert Wendland Commissioners Absent: John Kelley City Staff Present: Ogden "Bo" Bass, AICP, Director of Planning & Development Lee Battle, AICP, Assistant Director of Planning & Development Chris Flanigan, P.E., Assistant Director of Engineering Kevin Laughlin, Attorney Helen -Eve Liebman, Senior Planner 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 1. Director's Report is attached for action taken on the Planning & Zoning items by City Council at the November 10, 2009 City Council meeting. Consent Agenda 2. Approve minutes of the November 3, 2009 meeting. Motion: Upon a motion by Commissioner Rushing, and a second by Commissioner Platt, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda. The motion carried. IRegular Agenda Agenda Item 43: General Development Plan - Consider a request for a General Development Plan for Watters Business Park, being 9 7123± acres located at the southeast comer of Watters Road and Allen Central Drive. (GDP - 10/12/09 -83) Helen -Eve Liebman, Senior Planner, presented to the Commission. The property is located at the southeast comer of Watters Road and Allen Central Drive. The General Development Plan has been reviewed by staff and meets all of the requirements of the Allen Land Development Code. Staff recommends approval. Chairman Wendland noted that a written communication was submitted from Bruce Heller, JaRyCo Development, 1333 W. McDermott Drive, Suite 150, Allen, Mr. Heller questioned why this development is not being required to construct the hike and bike trail along with development of the first lot. He stated that his project, The Woods at Watters, was required to do so. Ms. Liebman responded that The Woods at Watters project was platted at one time, therefore the hike/bike trail was required to be built. This project will be platted and developed in phases. Commissioner Dreggors asked about the location of the trail connection to adjacent properties. Ms. Liebman stated the trail will cross Watters Road and connect. There is no existing trail way to the north of the property Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner Rushing, the Commission voted 6 IN FAVOR, and 0 OPPOSED to approve of the General Development Plan for Watters Business Park. The motion carried. Agenda Item #4: Public Hearing — Conduct a Public Hearing and consider amendments to the Allen Land Development Code including adding, amending and/or renaming various definitions set forth in Appendix A, amending the purpose statements for the Shopping Center, Light Industrial and Heavy Industrial Zoning Districts set forth in Article IV, Zoning Regulations, amending the Schedule of Principal Uses Chart set forth in Section 4.20.2 and the Schedule of Accessory Uses set forth in Section 420.3 relating to the use and development of property for assembly uses and establishing use standards for assembly uses in Section 6.01. (Z-10/28/09-86) Lee Battle, Assistant Director of Planning and Development presented to the Commission. The purpose of this Allen Land Development Code (ALDC) amendment is to ensure that the City's land use regulations adequately address the location of assembly uses in the community, and that local regulations are in compliance with the implementation of state and federal laws. 1 Specifically, the ALDC needs to prevent conflicts in land use types by separating the location of various assembly uses, including schools, day cares, churches and hospitals, from entertainment areas intended for the development of restaurants and other establishments that may sell alcoholic beverages and locations planned for major employment centers and business parks. A revised draft of the amendments was submitted this evening removing one proposed revision to Section 6.01.5. The amendments proposed include o Grouping compatible assembly uses o New definitions o Revisions to current definitions o Revisions to the Schedule of Principal Uses o Revisions to the Schedule of Accessory Uses Staff recommends approval. Chairman Wendland opened the Public Hearing. Ken Crawford, 1526 Prairie View, Allen, spoke in opposition to the request. He is concerned that the noticing requirements did not reflect an amendment related to churches. In addition, he stated that staff did not discuss proposed changes with the church leadership. ' Jay Gibson, 741 Cheyenne Drive, Allen, spoke in opposition to the request. He is concerned with the number of times the ALDC has been amended within the past year. He states that these amendments have been related to churches. He stated to the Commission that the federal RLUIPA law allows churches to develop in any area. Larry Vowell, 1217 Bridgeway Lane, Allen, spoke in opposition to the request. He feels that the ALDC amendments will jeopardize the ability for new churches to get established within the City Clarence Wilkerson, 823 Rockefeller Lane, Allen, spoke in opposition to the request. He stated that RLUIPA allows churches to develop in any area. The amendments represent a violation to federal law and personal rights. Michael Walenciwk, 1206 Ashford Lane, Allen, spoke in opposition to the request. He questioned the compelling governmental interest for not allowing churches in all zoning districts. He believes the intent is to discriminate against churches. Randy Freeman, 1402 Collin, Allen, spoke in opposition to the request. He is concerned with restrictions on new churches coming into the City With no one else wishing to speak, Chairman Wendland closed the Public Hearing. The following people submitted a written statement in opposition to the request: Bryce Green, 133 West McDermott Drive, Allen, Texas David Franck, Allen, Texas Rex Taylor, 703 S. Greenville Avenue, Allen, Texas Lee Battle, Assistant Director of Planning and Development, addressed the Commission regarding the citizen's concerns. • Staff has worked with the Allen Ministerial Alliance in the past. However, this amendment is for multiple assembly uses. To do what has been proposed means meeting with representatives of all the uses. • State law allows cities to provide for separation of schools, churches and hospitals from establishments that serve alcohol. • The proposed amendments remove the SUP requirement from a number of districts. Churches would be allowed by right in all residential districts. There are twenty-six districts in Allen. Churches will be permitted in twenty-three. In addition, a church may request to rezone a property if necessary • Allen is land locked. All development will have the same issues. Staffs interest is to provide a place for all uses that may come into Allen. • The purpose of the amendments is to provide equity and compatibility for all assembly uses. • Staff has worked with the City attorney to ensure compliance with federal and state law. Commissioner Rushing stated zoning districts requiring SUPS have been revised. Commissioner Platt stated there are only three areas where churches would be restricted. Churches would be able to request rezoning. Commissioner Cocking asked for the definition of an assembly use. Mr. Battle stated that a definition is provided which lists several examples of uses. Commissioner Cocking questioned why Daycare is being removed from the SC and CC zoning districts. Mr. Battle answered this use was removed to group assembly uses in a more compatible way Commissioner Cocking asked why Fitness/Healthcare/Gymnastics is now an SUP Mr. Battle stated that high demand uses create potential parking conflicts. SUPS allow staff to review design compatibility on a case by case basis. Commissioner Cocking asked whether SUPS were considered for all public assembly areas. Mr. Battle stated the purpose of the amendments is to group uses for compatibility Commissioner Cocking questioned why some recreational facilities are included in the amendments and others are not. Mr. Battle stated he nature of the businesses determined whether they would be included in the amendments. Commissioner Mangrum stated that the amendments allow religious uses to develop in twenty- three out of twenty-six zoning districts. In addition, only one zoning district would require an SUP Commissioner Cocking asked if there was any impact in the CBD. Mr. Battle stated the CBD has its own zoning district with its own use table. Staff is not recommending any changes. Motion: Upon a motion by Commissioner Mangrum, and a second by Commissioner Rushing, the Commission voted 5 IN FAVOR, and 1 OPPOSED (by Commissioner Cocking) to recommend approval of amendments to the Allen Land Development Code including adding, amending and/or renaming various definitions set forth in Appendix A, amending the purpose statements for the Shopping Center, Light Industrial and Heavy Industrial Zoning Districts set forth in Article IV, Zoning Regulations, amending the Schedule of Principal Uses Chart set forth in Section 4.20.2 and amending the Schedule of Accessory Uses set forth in Section 4.20.3 relating to the use and development of property for assembly uses. The motion carried Other Business ' None. Adjournment Motion: Upon a motion by Commissioner Dreggors and adopted by acclamation the Planning and Zoning Commission meeting adjourned at 8:18 p.m. These ms apved this -5 day of C�-ccm4,^ 2009 Tiffany McLeod, Planner J Director's Report from 11/10/09 City Council Meeting There were no items taken to the November 10, 2009 City Council meeting for consideration. D