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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2010 - 03/02 - Regular;� CITY OF ALLEN ATTENDANCE: Commissioners Present: Jeff Cocking Douglas Dreggors John Kelley Shirley Mangrum Steven Platt, Jr. James Rushing Robert Wendland Commissioners Absent: None PLANNING AND ZONING COMMISSION Regular Meeting March 2, 2010 City Staff Present: Ogden "Be" Bass, AICP, Director of Planning & Development Lee Battle, AICP, Assistant Director of Planning & Development Chris Flanigan, PE, Assistant Director of Engineering Helen -Eve Liebman, AICP, Senior Planner Tiffany McLeod, Planner Amber Slayton, Attorney 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 February 23, 2010 City Council meeting. Consent Agenda 2. Approve minutes of the February 16, 2010 meeting. Motion: Upon a motion by Commissioner Rushing, and a second by Commissioner Platt, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda. The motion carried. Regular Agenda Agenda Item 43: General Development Plan — Consider a General Development Plan for Watters Village, being 8.8314± acres located south of Stacy Road between Watters Road and Curtis Lane. (GDP -2/1/10-7) Tiffany McLeod, Planner, presented to the Commission. The property is located south of Stacy Road between Watters Road and Curtis Lane. In January 2010 PD86 was amended to revise the Concept Plan for the shopping center tract in preparation for development. With the approval of the revised Concept Plan, the General Development Plan is the next step in the development process. The General Development Plan has been reviewed by staff, is consistent with the revised Concept Plan and meets the requirements of the Allen Land Development Code. Staff recommends approval. Motion: Upon a motion by Commissioner Mangrum, and a second by Commissioner Rushing, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the General Development Plan for Watters Village. The motion carried. Agenda Item #4: Consider a Preliminary Plat for Stacy -Chelsea Commercial being 17.627± acres located northwest of Stacy Road and Chelsea Boulevard. (PP -2/l/10- 8) Helen -Eve Liebman, Senior Planner, presented to the Commission. The property is located at the northwest comer of Stacy Road and Chelsea Boulevard. The Preliminary Plat has been reviewed by staff, is consistent with the General Development Plan and meets the requirements of the Allen Land Development Code. Staff recommends approval. Motion: Upon a motion by Commissioner Platt, and a second by Commissioner Rushing, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the Preliminary Plat for Stacy -Chelsea Commercial. The motion carried. Agenda Item #5: Conduct a Public Hearing and consider amending Section 2.03.2 of the Allen Land Development Code regarding procedures following the Allen Sign Control Board's recommendation for approval or denial of an application for a variance from the City's sign regulations; amending Section 4.03.7 regarding procedures for determining new and unlisted uses; amending Section 4.10 regarding minimum side yards for garages and carports entered from rear alleys or side streets; making technical amendments to Section 6.03. 10 regarding firearms and explosives sales `j and service uses to correct possible conflicts with Section 4.20 .2 ® "Schedule of Principal Uses', amending Section 6.04 by adding temporary food vendors to those required to obtain temporary use permits and procedures related thereto; amending Section 4.20.2 "Schedule of Principal Uses" by deleting the use categories "convalescent center" and "nursing home', adding the use categories "long-term care facility" and "senior independent living," and amending the uses allowed as a matter of right or by specific use permit in the "CC" Corridor Commercial zoning; amending Section 4.20.3 "Schedule of Accessory Uses" by amending the uses allowed as a matter of right or by specific use permit in the "CC" Corridor Commercial zoning; amending Section 7.04.1 regarding off- street parking and loading regulations by adding minimum parking requirements for assisted living centers, senior independent living centers, and long-term care facilities and adding regulations regarding stacking and queuing of vehicles; amending Section 7.05.6 regarding the plans for the design and installation of irrigation systems; amending Section 7.07 by deleting regulations relating to utility locations and adding a minimum height for ornamental fences located adjacent to greenbelts, open spaces, and parks; amending Section 7.09.2 by adding a new definition for "changeable electronic variable media message sign" and amending the definition of"electronic message board", amending Section 7.09 4 to prohibit changeable electronic variable media message signs, animated signs, and message centers except in certain circumstances; amending Section 8.03 with respect to general development plans; amending Section 8.06 with respect to the design of comer lots; amending Appendix A "Definitions" by adding new definitions for "assisted living facility," "long-term care facility," "senior independent living," amending the definitions for "firearms sales and service repair" and "structure," and deleting the definitions for "convalescent home" and "nursing home"; amending Appendix B "Filing Fees and Charges" by increasing the fees related to pro -rata collection charges relating to construction of water and sanitary sewer lines; and amending Appendix I "Trail Design Standards" by amending certain design and construction standards related to pedestrian trails. (Z-2/22/10-11) Lee Battle, Assistant Director of Planning and Development, presented to the Commission. The Allen Land Development Code is periodically amended to improve the effectiveness and efficiency of the code, address changing development trends and new technologies, and make changes necessary for compliance with state and federal laws. Historically staff has presented a compiled set of amendments to the Planning Commission and Council approximately every eighteen months. The proposed amendments are as follows: • Section 2.03.2 Powers and Duties — Grants sign board final authority on sign variances. Establishes a 10 day appeal to City Council. • Section 4.02 7 New and Unlisted Uses — Clarifies that unlisted uses are not permitted. The Planning Director interprets uses. Any appeal to staff interpretation of uses goes to the BOA. • Section 4. 10 Residential Accessory Use Regulations — Front entry garage setback is 20 ft. Maximum carport width is 27 ft • Section 6.03.10 Firearms and Explosives Sales and Service — Allowed per use chart. Allowed as home occupation. Defines required distance from schools. Prohibits the manufacturing/assembly of ammunition. Updates definition. • Section 6.04 Temporary Use Permits — Defines temporary food vendors. Allows temporary food vendors with a Temporary Use Permit. • Section 7.04 Off-street Puking and Loading — Clarifies that on-site stacking is required for drive -thins Dimensions stacking spaces. Requires a space after pick-up. • Section 7.04.1 Parking Requirements — Establishes parking requirements for senior independent, assisted living and long term care facilities. • Section 7.05.6 Irrigation Plan Requirements — Updated to match state requirements. • Section 7.09 Sign Regulations — Defines and prohibits Changeable Electronic Variable Message Signs. Allows Electronic Message Boards to change once an hour. • Section 8.03 Plat Requirements — Clarifies that a GDP is not a plat. • Section 8.06 Lot Design — Allows "right-angle" lots with additional setback. • Appendix A Definitions — Removes front yard requirement from Definitions. • Appendix B Filing Fees and Charges — Updates pro -rata collection charges. • Appendix I Trail Design Standards — Updates trail design standards. Staff recommends approval. Chairman Wendland opened the Public Hearing. Clarence Elmer, 1432 McKenzie Court, Allen, spoke in support of the amendments to Section 7.05.6. With no one else wishing to speak, Chairman Wendland closed the Public Hearing. Commissioner Dreggors stated/asked the following: 1. Light level intensity should be included in Section 2.03.2. Mr. Battle answered that the only sign that would emit light is a prohibited sign. It is not necessary to include intensity levels. 2. The director's title should be established as a part of Section 4.02.7 Mr. Battle stated it is written this way because director is defined in the Appendix. 3. In relation to the added uses in Section 7.04.1, will the City require senior independent, assisted living and long term care facilities to place the use on their site sign? Mr. Battle answered the City would not require particular signage identifying use. 4. Do the facility titles in Section 7.04.1 line up with state definitions? Mr. Battle stated they do not completely line up with state definitions. What category would illnesses such as Alzheimer's or Dementia fall under? Mr. Battle answered these conditions would most likely fall under long term care facilities. 5. Do existing inspections addressed in Section 7.05.6(6b) refer to the current date? Mr. Battle answered the inspections are for all existing commercial systems. Commissioner Kelley stated/asked the following: 1 The agenda caption lists Section 4.03.7 However, the proposed amendment is to Section 4.02.7 Amber Slayton, Attorney, stated the error does not void the public hearing. Commissioner Cocking stated/asked the following: 1. Do the uses prohibiting all circumstances of firearms sales and service, as specified in Section 6.03.2, include home occupations? Mr. Battle answered yes. 2. How do the amendments to Section 6.04 affect mobile caterers? Mr. Battle answered it does not affect them. Separate provisions in the City's health code address caterers. What is the limitation of number of temporary use permits? Mr. Battle answered two permits are allowed in one year. How do these amendments impact charitable events? Mr. Battle answered they would be considered as special events. A separate permit can be acquired for special events. 3. As it relates to the amendments to Section 7.05.6, has staff found studies of drip irrigation within a turf environment? Mr. Battle responded by saying the irrigation amendments were submitted by the City's Water Conservation Manager. Staff is relying on her expertise and experience. Commissioner Cocking added he has concerns about moving forward without further research on drip irrigation. 4. The wording in Appendix A is easy to misread. 1 Chairman Wendland stated/asked the following: 1 Do the temporary use permit requirements, as specified in Section 6.04, apply to farmer's markets? Mr. Battle answered yes. The provision already exists for farmer's markets to acquire this type of permit. 2. It is recommended that staff give consideration to TCEQ guidelines as it relates to the irrigation amendments in Section 7.05.6. Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner Rushing, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the proposed amendments to the Allen Land Development Code with the following corrections: • The amendment listed under Section 4.03.7, regarding procedures for determining new and unlisted uses, be changed to Section 4.02.7. • The period in the middle of the seventh sentence in Appendix I A.l.a be changed to a comma. • Consideration of amendments to Section 7.05.6 regarding irrigation systems is tabled to the March 16, 2010 P&Z meeting. The motion carried. 0 ITEMS OF INTEREST None Adiournment Motion: Upon a motion by Commissioner Dreggors and a second by acclamation the Commission voted 7 IN FAVOR, and 0 OPPOSED to adjourn the Planning and Zoning Commission meeting at 8:13 p.m. These rn utes a)prov4this day of �" _q_r �1�2010. Ti / Mc d, Planner C Director's Report from 2/23/10 City Council Meetings There were no items taken to the February 23, 2010 City Council meeting for consideration.