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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2013 - 05/21 - Regular0 PLANNING AND ZONING COMMISSION Regular Meeting May 21, 2013 CITY OF ALLEN ATTENDANCE: Commissioners Present: Robert Wendland, Chairman Jeff Cocking, I" Vice Chair ShirleyMangrum, 2nd Vice Chair Barbara McNutt John Ogrizovich Steven Platt, Jr. Ben Trahan City Staff Present: Ogden "Be" Bass, AICP, Director of Community Development Lee Battle, AICP, Assistant Director of Community Development Shawn Poe, PE, Assistant Director of Engineering Tiffany McLeod, Senior Planner Patncl. Blavdes, Planner Shelby Griffin, Planner Julie Dosher, City 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. Action taken on the Planning & Zoning Commission items by City Council at the May 14, 2013 regular meeting. Consent Agenda 2. Approve minutes from the May 7, 2013 regular meeting Motion: Upon a motion by Commissioner Platt, and a second by Commissioner Trahan, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Consent Agenda. The motion carried. 1 Regular Agenda Agenda Item #3 Combination Plat — Consider a request for a Combination Plat for R F.A.M. Addition, Lots 1, Block A, being 5.6 f acres of land located south of Allen Central Drive and approximately 220 feet east of Watters Road [R.F AM Addn.] (FP -01/28/13-8) Ms. Shelby Griffin, Planner, presented to the Commission. The property is located south of Allen Central Drive and east of Watters Road. She stated that the Combination Plat is 5.6 f acres and is currently zoned Planned Development No. 55 Office (0). There are two access points into the site. One access point is provided through an access easement off of Watters Road The second access point is located off of Allen Central Drive. The plat also shows various firelane, drainage, and utility easements required for the development of the site. Ms Griffin explained that the Combination Plat is consistent with the approved Concept Plan, has been reviewed by the Technical Review Committee and meets the combined Preliminary and Final Plat standards of the Allen Land Development Code (ALDC• . Motion: Upon a motion by Commissioner McNutt, and a second by 2"" Vice Chair Mangrum, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Combination Plat for R.F.A.M. Addition, Lot 1, Block A. The motion carried. Agenda Item #4 Public Hearing — Conduct a Public Hearing and consider the proposed amendments to the Allen Land Development Code, including: amending Section 4.10.6, "Residential Accessory Use Regulations" by amending the regulations relating to home occupations; adding a new Section 6.06 12 "Veterinary hospital, clinic or animal boarding facility," to provide for supplemental use regulations for veterinary hospitals, clinics or animal boarding facilities and making related amendments to Section 6.06;amending Section 8.13.11 "Stormwater detention facilities," regarding the design and maintenance of certain stormwater detention facilities; amending Appendix F "Standard Construction Details: Paving," Appendix G "Storm Drainage and TxDOT Details," Appendix H "Water Lines and Sanitary Sewer," and Section 7.07.02 to provide for adoption of various construction and engineering details by city council resolution; amending the definition of "veterinary hospital or clinic" in Appendix A "Definitions" to incorporate the boarding of animals; and amending Section 4.20.2 "Schedule of principal uses," and Section 4.20.4 "Schedule of principal uses central business district," by amending the use 'veterinary hospital or clinic" Mr. Patrick Blaydes, Planner, presented to the Commission. He explained that the ALDC 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. Mr. Blaydes presented on the amendment pertaining to animal boarding facilities and design standards. I" Vice Chair Cocking inquired about the measurement of 100 feet between the boarding facility property and residential zoning. Ogden "Bo" Bass, Director of Community Development, stated that through the zoning process a screening arrangement could be made for a particular property The intent is to protect the single family residential zoning districts; however staff is amenable to a different distance calculation. 1" Vice Chair Cocking stated he was concerned with the current amendment. He stated that measuring from property line to property line seems stringent. Mr. Blaydes presented on the proposed amendments to home occupations I" Vice Chair Cocking stated that he had a lot of comments on this section of the proposed amendments and wondered if it could be tabled to be discussed further. Mr. Blaydes presented on the amendment to storm water detention regulations and engineering construction details. Chairman Wendland opened the Public Hearing. With no one coming forward the Public Hearing was closed. 1 Chairman Wendland stated that the Commission is a recommending body that can recommend approval to City Council on all or part of the proposed amendments to the ALDC Commissioner McNutt stated that she would like to further discuss the home occupation amendment through a workshop item. Commissioner Platt would support the other Commissioner's preference for further discussion on the home occupation amendment. I" Vice Chair Cocking restated that he would like to further discuss the home occupation ordinance amendment as a workshop item Director Bass stated that the intent of the amendment was to address home occupations associated with automotive, motorcycle, lawn equipment repair, and contractor businesses. He suggested that independent of the performance standards, it is recommended from staff to proceed to Council with the amendment relating to automotive, motorcycle, lawn equipment repair, and contractor businesses. Ms. Dosher, City Attorney, stated that as long as the motion specifically lists the motorcycle and automotive repair services, the Commission can recommend approval to the City Council and move forward with just this portion of the amendment. 1" Vice Chair Cocking stated that he would feel comfortable moving forward with section "N' but would like to have further explanation of what constitutes a home occupation versus someone giving assistance to a homeowner Director Bass stated in most situations Code Enforcement uses common sense and their discretion to determine if a home occupation is operating. Chairman Wendland stated that he does not feel special language should be added to this section of the ordinance because there is prosecutorial discretion with Code Enforcement. He stated that he would feel comfortable moving forward with Section "N' relating to the repair of automobile, motorcycle, lawn equipment, and boats as a home occupation. V Vice Chair Cocking stated that he would feel comfortable moving forward with section "N" as is, but would like to further explore the other sections of the home occupation ordinance. Commissioner Trahan inquired if there were active issues pertaining to section "N." Director Bass stated that there are active cases and that staff will set up a workshop for the Commission to discuss home occupations. Attorney Dasher added that the Commission should be aware that there are other amendments in Section "N." Chairman Wendland stated that the motion would need to be worded to recommend approval of the amendment pertaining to automobile and motorcycle repair type of home occupations 2n° Vice Chair Mangrum stated she would like to further discuss the home occupation ordinance, with the exception of section "N." Commissioner Ogrizovich stated he was supportive of section "N." Chairman Wendland stated that it would appropriate to further discuss the home occupation ordinance. He explained that he is prepared to move forward with automotive repair related home occupation amendment. 1" Vice Chair Cocking stated that he would recommend a 100 foot distance between residential districts and outdoor runs, outdoor kennels, or other outdoor areas. Without making a formal motion, V Vice Chair Cocking confirmed that the Commission would be recommending approval of the amendments to the sections on storm water detention and engineering construction details, to accept the changes pertaining to veterinary and/or boarding facilities with the modification to the 100 foot separation of outdoor areas to the closest residential district and only moving fonvard with the section "N" relating to automotive repairs as home occupations. Chairman Wendland asked Attorney Dosher if the Commission needed to table the other home occupation amendments. Director Bass stated that staff would withdraw the sections that are outside the bounds of the motion and that a workshop will be scheduled Motion: Upon a motion by I" Vice Chair Cocking, and a second by 21d Vice Chair Mangrum, the Commission voted 7 IN FAVOR, and 0 OPPOSED to recommend approval of the amendments related to engineering construction details, storm water detention, the amendments ® related to veterinary hospital clinic and boarding facilities with the following change to Section 6.06.12: • The outdoor runs, outdoor kennels or other outdoor areas to be used by animals, affiliated with a veterinary hospital, animal clinic or animal boarding facility, shall not be located within 100 feet of any residentially zoned property. And to add the following paragraph to section 4.10.6 for home occupations that states: Except for a person working on or selling a motor vehicle owned by the person and subject to all other applicable laws, rules, ordinances and regulations, the service, repair, painting, or onsite selling of any motor vehicle, including, but not limited to, automobiles, motorcycles, trailers, boats, personal watercraft, recreation vehicles and lawn equipment is not authorized as, and is specifically excluded from the definition of, a home occupation The motion carried. Adjournment Upon acclamation, the meeting adjourned at 7:55 p in. T e minutes a roved this day of ,l ,,-e- 2013. v Robert Wendland, Chairman Iby Griffin, nner C Director's Report from 5/14/13 City Council Meeting There were two items taken to the May 14, 2013 City Council meeting for consideration: • A request to adopt an Ordinance for Specific Use Permit No. 135 for a Minor Automotive Repairs use located on Lot I and 4, Mark VII Equipment of Teras, Inc., and commonly known as 811 and 813 S. Greenville Avenue for Waterfalls Carwash & Lube was tabled until the May 28, 2013 City Council meeting • A request to adopt an Ordinance for Specific Use Permit No. 134 for a Fitness and Health Center use located at 803 East Main Street, Suite C. for Retrain Fitness, was approved. F E