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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2012 - 02/07 - RegularPLANNING AND ZONING COMMISSION Regular Meeting February 7,2012 CITY OF ALLEN ATTENDANCE: Commissioners Present: Robert Wendland, Chairman Jeff Cocking, V Vice Chair Shirley Mangrum, 2'd Vice Chair John Ogrizovich Steven Platt, Jr. Ben Trahan Absent None City Staff Present: Ogden "Be" Bass, AICP, Director of Community Development Patrick Blaydes, Planner Chris Flanigan, PE, Assistant Director of Engineering Shelby Griffin, Planner Kurt Kasson, CBO, Building Official Tiffany McLeod, Senior Planner Paul Naughton, Park Planner Whitt Wyatt, 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 in. in the City Hall Council Chambers at Allen City Hall, 305 Century Parkway Director's Report I Director's Report is attached for action taken on the Planning & Zoning Commission items by City Council at the January 24, 2012 regular meeting Consent Agenda 2. Approve minutes of the January 17, 2012 regular meeting Motion: Upon a motion by Commissioner Trahan, and a second by Commissioner Platt, the Commission voted 6 IN FAVOR, and 0 OPPOSED to approve the Consent Agenda. The motion carried. Regular Agenda Agenda Item #3 Public Hearing — Conduct a Public Hearing and consider a request to change the zoning and adopt a Concept Plan, development regulations, and building elevations for 19.2371 acres, situated in the Mary Standifer Survey, Abstract No. 812, City of Allen, Collin County, Texas, from Agriculture -Open Space AO and Community Facility CF to a Planned Development for Single Family Residential R-5 use. The property is generally located north of Exchange Parkway and west of Twin Creeks Drive. [Cumberland Crossing Phase VI Tiffany McLeod, Senior Planner, presented to the Commission The property is located north of Exchange Parkway and west of Twin Creeks Drive. The applicant is requesting to create a Planned Development with a base zoning of Single Family Residential R-5 The subject property is approximately 19.237± acres. The Concept Plan shows thirty- seven (37) single family residential lots and approximately 1.984± acres of open space All of the lots will comply with the standards of the R-5 zoning district. There are two access points into the site, both from Cumberland Crossing Phase IV One access point is off of Prism Drive and the second access point is off of Shetland Drive. The applicant requested the following development regulations as it relates to the proposed development • The base zoning for the property shall be Single Family Residential R-5. • The maximum number of units shall be forty two (42). • An eight (8) foot masonry wall shall be constructed along the southern property boundary and eastern property boundary bordering the First Christian Church Addition subdivision • The approval of floodplain reclamation shall accompany this PD provided that the reconfiguration is reviewed and approved by the Engineering Department. Ms. McLeod described the base zoning located to the north and east as being Single Family Residential R-4 zoning with 75-80 foot lot widths. To create a smoother transition from Cumberland Crossing Phase 1 (to the north) and Cumberland Crossing Phase IV (to the east), staff recommended that the lots adjacent to Phases I and IV have a base zoning of Single Family Residential R-4 zoning An eight (8) foot masonry screening wall will be built along the First Christian Church property to the east and directly behind the residential lots on the southern end of the property The Concept Plan shows lots located within the existing floodplain limits along Rowlett Creek. Due to this the developer is requesting to reclaim some of the Floodplain and adjust the floodplain limits. Ms. McLeod explained that the reclamation can only occur if a hydraulic study and hydrologic, submitted by the applicant, is reviewed and approved by the Engineering Department The remaining 6 74± acres of floodplain will be dedicated to the City Chris Flanigan, PE, Assistant Director of Engineering presented to the Commission. Ile explained that from time to time there are projects that require floodplain property to be reconfigured or reclaimed; as in this case Mr. Flanigan showed the submitted flood study and reconfiguration of the floodplain Chairman Wendland asked Mr. Flanigan if the properties to the south are adversely affected and able to handle the change in flow rates due to the reclamation occurring as part of the Cumberland Crossing Phase V project. Mr. Flanigan stated that the limits of the flood study encompass the area to the south and it has been determined that there is no impact on the capacity or erosion of Rowlett Creek. Ms. McLeod described the proposed trail. A ten (10) foot hike and bike trail will be constructed within the dedicated floodplain along the western boundary of the property A connection to Exchange Parkway will also be made through the construction of a four (4) foot sidewalk running through the open -space lot on the south end of the site. Ms McLeod showed photos of the proposed products for this development The exterior building materials will consist mainly of brick and stone with a composition shingle roof. Ms. McLeod stated that the subject property has been indicated to develop into single family residential zoning according to the Future Land Use Map. The Concept Plan and supplementary development regulations have been reviewed by the Technical Review Committee. Staff supports the request with the recommended condition that the lots bordering Phases I and IV have a base zoning of R-4. Adam Buczek, 8214 Westchester, Suite 710, Dallas, TX, 75225, applicant, presented to the Commission. Commissioner Ogrizovich asked the applicant for the number of lots that would be lost with staffs recommendation. The applicant stated three (3) lots would be lost. Chairman Wendland inquired about the elevation change that would occur after the reclamation Mr Flanigan stated that there would be a four (4) foot increase in elevation Chairman Wendland opened the Public Hearing Dan Grant, 1523 Astoria Drive, Allen, TX, slated a concern for the dedicated right-of-way on Astoria Drive in relation to the new development's rear yards. He requested for additional screening along the north end of the property and Cumberland Crossing Phase 1 Cathy Stevens, 1524 Astoria Drive, Allen, TX, spoke in opposition of the R-5 zoning across the north end of the site. In addition, Ms. Stevens requested that there be an HOA maintained lot or HOA maintained fence between the existing Phase I and the subject property (Phase V). Lian Yu, 1515 Astoria Drive, Allen, TX, spoke in opposition of the continued development south of her property Ben Tranchina, 1528 Astoria Drive, Allen, TX, brought attention to the unique topography of the area. He described the poor screening between Phase I and the subject site (Phase V). Mr. Tranchina is supportive of a trail connection off of Astoria Drive. Don Valade, 1620 Navarro Drive, Allen, TX, is opposed to any access onto Exchange Parkway from the site. With no one else choosing to come forward, Chairman Wendland closed the Public Hearing The applicant addressed the Commission and responded to the concerns brought forward during the Public Hearing. Mr. Buczek began by stating there would be no road access from the site onto Exchange Parkway To address the tree line between Phase V and Phase 1, the applicant stated that if the trees are dead new trees can be provided. The trail connection off of Astoria Drive would not be able to occur because of the misting home. He explained that if there is a need to provide additional plantings on the north side of the fence, the applicant would be willing to do so. Chairman Wendland proposed the possibility for there to be an HOA maintained area between Phase I and Phase V The applicant informed the Commission that there is a North Texas Municipal Water District Easement located in this area. Warren Corwin, 200 W Belmont, Allen, TX, stated that there is a common area lot twenty (20) feet in width that was platted as part of Phase 1. Mr. Corwin informed the Commission that Phase I and Phase V lot lines do not abut Mr Buczek, stated that if this area is not already part of an HOA maintained lot, it certainly can be. Chairmand Wendland announced that there were a number of written submissions pertaining to Cumberland Crossing Phase V, for which will be made public record. The following individual(s) submitted a written statement in favor of this request: Carol Haskin, 1530 West Exchange Pkwy, Allen, TX. The following individual(s) submitted a written statement of interest for this request Dan Grant, 1523 Astoria Drive, Allen, TX. The following individual(s) submitted a written statement of opposition to this request Donal Valade, 1620 Navarro Drive, Allen, TX. Ding Biade, 1515 Astoria Drive, Allen, TX. David Stevens, 1524 Astoria Drive, Allen,'1'X Ms. McLeod addressed the concerns stated during the Public Hearing. She stated that staff supports the project, however, there is a difference between having a zoning change being separated by a street and a zoning change where lot lines abut. She also reminded the Commission that any maintenance easements would be considered during platting Commissioner Ogrizovich inquired about the possibility for a trail connection in the twenty (20) foot easement located in Phase 1, north of the subject property Paul Naughton, Park Planner, explained the trail configuration and connections to existing trails. Ms. McLeod reminded the Commission that all easements will be reviewed at the platting stage 1st Vice Chair Cocking confirmed with staff that the Commission is incapable of acting on any other property except Phase V during the current meeting. Ms. McLeod agreed. She reminded the Commission that a HOA lot or maintenance easement along the north end of Phase V could be included as part of the recommendation. 1st Vice Chairman Cocking stated that he agreed with the R-4 zoning along the north end of the property and that it is not necessary for the R-4 zoning along the eastern lots of Phase V Commissioner Platt stated that a transition between R-4 and R-5 zoning could be accomplished with natural screening on Phase 1 to the north; which is not part of what is being discussed. Commissioner Trahan stated that the transition from R-4 to R-5 from Astoria Drive is a good idea, but does not believe it is necessary to have a zoning transition on the other lots along Phase IV Chairman Wendland stated that the R-4 transitional zoning along the north side of the site is something he supports. He recommended that the applicant think about providing a maintenance easement along the north boundary at the time of platting. 1st Vice Chairman Cocking confirmed that asking for R-5 or R-4 zoning is acceptable for the applicants zoning request even though there is a recommendation from the Commission for a maintenance agreement for an alternate property He inquired about the ability for the Commission to move forward with the zoning request with the off premise recommendations Ogden 'Be" Bass, Director of Community Development, stated that any easements the Commission wants to suggest for the property being considered tonight would be appropriate. Anything outside of the property being considered would be a suggestion that the applicant would have to handle with Phase 1. Ist Vice Chair Cocking confirmed that the location of the existing twenty (20) foot easement is on Phase I. Ms. McLeod stated that the waterline easement is located in Cumberland Crossing Phase 1. Chairman Wendland stated that the Commission only has the authority to make a request for Phase V and it can be strongly suggested for the applicant to work with Phase I residents on the possible trail connection. Mr. Buczek came forward to request to table Agenda Item #3, Cumberland Crossing Phase V Ms. McLeod stated that if the item is tabled, the item could be placed on the February 21, 2012 Planning and Zoning Commission agenda and go to the City Council meeting on February 28, 2012. Chairman Wendland announced that the applicant has requested to table this item until the February 21, 2012 meeting Chairman Wendland stated that this item has had its Public Hearing and will not be Te - opened. Motion: Upon a motion by 1" Vice Chair Cocking, and a second by Commissioner Platt, the Commission voted 6 I FAVOR, and 0 OPPOSED to table Agenda Item #3 for the request for a zoning change for Cumberland Crossing Phase V to the February 21, 2012 Planning and Zoning Commission meeting. The motion carried. Agenda Item 94 Public Hearing — Conduct a Public Hearing and consider a request to adopt a Concept Plan and amend the development regulations to allow truck rental as an accessory use within Planned Development No 55 Commercial/Office CO The property is Lot I, Block A, Allen Central Retail Addition, and commonly known as 909 W McDermott Drive, located south of McDermott Drive and east of Watters Road. (Z-12/5/1 1- 186) [Home Depot] Ogden "Be" Bass, Director of Community Development, presented to the Commission. The property is located south of McDermott Drive and east of Watters Road. The property is currently zoned Planned Development No. 55 Commercial/Office C/O. The applicant is requesting to adopt a Concept Plan and amend the development regulations to allow truck rentals as an accessory use within the Home Depot site. According to the Concept Plan, six (6) existing parking spaces will be designated for the rental trucks These spaces are located at the southeast corner of the parking lot; near The Home Depot lumber pick-up area Mr. Bass reminded the Commission that Home Depot already has a truck rental use where a consumer can buy product from Home Depot and rent a Home Depot truck to move the merchandise to their desired location. It is no different than a delivery truck. The applicant is asking for an additional business, a Penske business Mr Bass explained the reasons for staff s concerns. He alluded to the precedent that this case will set for other similar businesses Mr. Bass reminded the Commission that the ALDC already has a designated use for a truck rental facility allowed by right. Commissioner Trahan confirmed with Mr Bass that Home Depot currently has a truck rental operation and that the applicant's request is for an additional truck rental operation. Mr. Bass restated that Home Depot consumers can currently rent a truck to move purchased products. Chairman Wendland opened the Public Hearing. Mike Roach, 21 S. Evergreen, Ste. 200, Arlington Heights, IL, applicant, spoke to the Commission With no one else choosing to come forward, Chairman Wendland closed the Public Hearing. Chairman Wendland asked the applicant the manner in which the rental transaction is consummated. Mr. Roach explained it can be done online or inside the Home Depot store The Chairman also inquired about returning vehicles. Mr Roach explained that the trucks must be dropped off during Home Depot business hours. He also stated that the trucks can be dropped off at a different location than the location it was rented from, or the truck can be dropped off at a Penske location. 2nd Vice Chair Mangrum inquired about the location for the trucks to be serviced. Mr Roach responded by explaining that all trucks will be serviced off site by Penske. Ist Vice Chair Cocking inquired about the size and type of rental vehicle. Mr. Roach explained that there are a variety of truck sizes as well as van rentals. Commissioner Trahan inquired about who has oversight over the additional trucks on site He wanted to know who Code Enforcement would contact if there were too many trucks on site. Mr Roach explained that if Home Depot was contacted by the city, Home Depot would contact Penske to remove the additional trucks on site. Commissioner Trahan asked if there was a period of time before the additional trucks be removed. Mr. Roach stated that Home Depot would expect the trucks to be removed as quickly as possible to comply with the city Commissioner Trahan stated that because of the existing truck rental facility at Home Depot, he would not support the request. Commissioner Platt stated he has a concern for visibility becoming a potential problem and does not believe it is a good fit for the location Ist Vice Chair Cocking stated that he has a safety concern for patrons walking to and from the store with the addition of the trucks. He also stated that there have been limitations for box trucks being used as advertising within the City of Allen. He is uncomfortable with allowing this item to move forward. 2nd Vice Chair Mangrum stated that she cannot support this request because [here are no promises that the number of trucks on site will be controlled. Chairman Wendland stated that the truck rental use is not appropriate at this location, therefore, he cannot support this request. Motion: 2nd Vice -Chair Mangrum made a motion, and Commissioner Trahan seconded the motion to deny the request to adopt a Concept Plan and development regulations to allow a truck rental as an accessory use within Planned Development No. 55 for the property located at the Home Depot for the property located at 909 W. McDermott Drive. A vote was not taken, therefore the motion did not carry. Before a vote was taken, 1st Vice Chair Cocking stated that it would take a super majority by City Council to approve this request and would like to allow the applicant to withdraw the item Chairman Wendland explained to the applicant that if the item were to be withdrawn, the applicant can resubmit to the Planning Department and the re -submittal would go back through the planning process as a separate item. He informed the applicant that if the item is withdrawn, there would need to be a written submission to the Planning Department. Mike Roach announced he would like to withdraw the item. Chairman Wendland announced that the Planning and Zoning Commission will not take any further action on this item. Adjournment acclamation, the meeting adjourned at 8:36 p.m. kOved t is Z day of2012. Chairman ie y Grif n, fanner Director's Report from 1/24/12 City Council Meeting There was one item taken to the January 24, 2012 City Council meeting for consideration. • A request to adopt an ordinance to change the zoning of 32.091± acres in Planned Development No 63 from Corridor Commercial CC to Single Family Residential R-6 for Creekside at Ridgeview was approved.