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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2014 - 10/21 - RegularOctober 21, 2014 PLANNING AND ZONING COMMISSION Regular Meeting October 21, 2014 CITY OF ALLEN ATTENDANCE: Commissioners Present: Jeff Cocking, Chair Ben Trahan, 2" Vice -Chair John Ogrizovich Stephen Platt, Jr. Luke Hollingsworth Absent: Michael On Shirley Mangrum, 1st Vice -Chair City Staff Present: Kevin Laughlin, City Attorney Ogden "Bo" Bass, AICP, Director of Community Development Shawn Poe, PE, Assistant Director of Engineering 'r Tiffany McLeod, Senior Planner Madhuri Kulkarni, Planner Call to Order and Announce a Quorum is Present: With a quorum of the Commissioners present, Chairman Cocking called the meeting to order at 7:00 p.m in the City Hall Council Chambers Room at Allen City Hall, 305 Century Parkway. Director's Renort 1. Action taken on the Planning & Zoning Commission items by City Council at the October 14, 2014 regular meeting. Consent Agenda 2. Approve minutes from the October 7, 2014 regular meeting 3. Capital Improvement Program (CIP) Status Report. Motion: Upon a motion by 2"" Vice -Chair Trahan, and a second by Commissioner Ogrizovich, the Commission voted 5 IN FAVOR, and 0 OPPOSED to approve the Consent Agenda. 1, The motion carried. October 21, 2014 Regular Agenda Commissioner Platt recused himself from the following agenda item due to a conflict of interest. He stated he has provided the Director of Community Development with the appropriate paperwork. 4. Floodplain Reconfiguration - Consider a request for Floodplain Reconfiguration for The Estates of Twin Creeks Phase 2, generally located north of Lakeway Drive, east of Shallowater Drive and south of West Rowlett Creek. [The Estates of Twin Creeks Phase 2] Mr. Shawn Poe, Assistant Director of Engineering, presented to the Commission. He stated that this property is generally north of Lakeway Drive, east of Shallowater Drive and south of West Rowlett Creek. The properties to the north, west and east are zoned Planned Development PD No. 54 Community Facilities CF The property to the south is zoned Planned Development PD No. 88 Single Family Residential RL5. The Allen Land Development Code provides that any property adjacent to a floodplain that is mapped by the flood insurance map needs to establish the fully developed floodplain. The Flood Insurance Rate Map defines the existing floodplain under existing conditions. The City's requirements are more restrictive in that it requires the ultimate, fully developed Floodplain, and that the area remains in its natural state If developments encroach in that fully developed Floodplain, they need a variance from the Planning and Zoning Commission. The subject property is zoned Planned Development PD No. 88 Single Family Residential RL5. The development was preliminary platted in May 2001 Phase I was approved in either 2006 or 2008. This is Phase 2 of the development. The development was suspended due to the housing market crash in 2008 Recently, the developer has sought to continue to final plat the property It was determined that there was no previous action by the Planning and Zoning Commission for this phase Hence, this request is to encroach within the fully developed floodplain. Mr. Poe showed and discussed two exhibits, each showing areas of encroachment in the floodplain. The areas in red depict the encroachments. He pointed out the area of encroachment and also the area where a retaining wall would be constructed — adjacent to the creek To do this, the encroachment in the fully developed floodplain cannot (and does not) raise the water surface elevations, increase the velocity, or decrease the valley storage. The flood study was performed in 2002 with the master planning of the development A Conditional Letter of Map Revision (CLOMR) was approved by FEMA during Phase I The process would include: final plat the property, go through site civil work, and file the Letter of Map Revision afterwards to change the maps Mr. Poe then showed the other section of encroachment in the development. Staff has looked over the flood study and recommends approval. Commissioner Ogrizovich asked where the retaining wall would be built. Mr. Poe answered that it would be on the backside of the lot lines Walls have been constructed in Phase I already He stated the wall would be between the lot lines and the floodplain Chairman Cocking stated that these items are normally seen during platting, but this request has been separated October 21, 2014 Motion: Upon a motion by Commissioner Ogrizovich, and a second by Commissioner Hollingsworth, the Commission voted 4 IN FAVOR, and 0 El OPPOSED to approve the request for Floodplain Reconfiguration for The Estates of Twin Creeks, Phase 2, generally located north of Lakeway Drive, east of Shallowater Drive and south of West Rowlett Creek. The motion carried. 5. Public Hearing/Residential Replat - Conduct a Public Hearing and consider a request for a Residential Replat, to subdivide the property into twenty-one (21) single-family residential lots. The propertv is Lots 1 and 2, Block A, Downing Estates, generally located east of Goodman Drive and south of Stacy Road. (RP -8/7/14-57) [Steeplechase Addition] Ms. Madhuri Kulkarni, Planner, presented to the Commission. She stated this item is a residential replat and a public hearing for Steeplechase Addition. Ms. Kulkarni stated that the property is generally located south of Stacy Road and east of Goodman Drive, and is zoned Planned Development PD No 114 for Single Family R-6. The property to the north is the City of Fairview. The property to the east is zoned Planned Development No. 85 for Single Family Residential R-4. The properties to the south and west are zoned Single Family Residential R-3. A Concept Plan for the property was approved in January 2014 Replatting the property is the last step in the development process. As was shown on the Concept Plan and as is shown on the Replat, the property is being subdivided into twenty-one (21) lots, specifically 18 lots for residential uses and 3 lots for common areas. There are two (2) access points for the property The primary access point for the development is located on Stacy Road. There is also a gated emergency access drive on the southern end of the property that connects to Monaco Drive. The plat also establishes maintenance, drainage, and utility easements required to develop the site The Replat has been reviewed by the Technical Review Committee, is consistent with the approved Concept Plan and meets the standards of the Allen Land Development Code. Ms. Kulkarni stated that one of the concerns brought up was regarding the retaining walls on the eastern and western sides of the property Engineering is currently reviewing the retaining wall design and it is going through the standard review process. The design approval is not required at the time of a replat. It can occur later in the development process. A development permit will not be issued until Engineering has approved those plans. Chairman Cocking opened the Public Hearing. He stated Robin Wong, 1813 St. John's Ave., Allen, Texas, opposed the request. She did not wish to speak. Tom Scales, 1903 Bordeaux Ct., Allen, Texas, addressed the Commission. He wanted to clariN a few items from the presentation. He asked which two lots were being replatted. Ms. Kulkarni showed the original lot line on the replat. Mr. Scales clarified that the two lots were being replatted into 21 lots. He then asked if this was the first time the Commission has seen the 21 lot plat Ms Kulkarni answered that the Commission has seen the Concept Plan for the property ) October 21, 2014 Mr. Scales stated that the zoning is a Planned Development, and that a Planned Development should have site plan approval prior to plat approval and development. He asked if the plat complies with all zoning requirements. He also stated there is currently work being done on the property He then said that masonry and retaining walls are necessary He said he is offended that the City would allow the work such as major grading to start before final plat approval and site plan approval. Some of the work, if the plat is not approved, would be hard to reverse and cost money. He then said he assumed staff was ok with the additional number of lots. He asked if the masonry wall was part of the deal, and if it's still necessary between the existing subdivision to the east and this one. He said if the lots are going from 18 to 21, it will impact drainage, especially being so close to an existing subdivision. He wanted to know about the run-off and drainage patterns, and asked City staff to look at that very carefully Finally, he asked if there are any changes on this proposed plat. He said this is critical to the adjacent property owners In his opinion, if he were on the Planning and Zoning Commission, he would be offended that work has begun without any Planning and Zoning Commission approval. Pert Virmnen, 1807 Baltimore Dr., Allen, Texas, addressed the Commission. He said he lives in Stacy Ridge Estates He stated he has frequently sent questions to Be Bass, who has been very helpful. He read out the answer Mr. Bass had given via email earlier in the day, essentially saying that the City Council approved a Concept Plan for this project and that the replat tonight follows the approved Concept Plan, Mr. Virtanen stated that details are important, and that the City Engineer should review the replat. The Concept Plan was approved first by the Planning and Zoning Commission, and then the City Council. If items such as width, depth of lots and heights are not listed in the zoning ordinance, then how can that be done without City Council approving it? He stated that the Commission should delay the plat until the City Attorney reviews it. William Carter, 1806 Armstrong Dr., Allen, Texas, spoke to the Commission. He is a member of the HOA board of directors This is the third time he is coming before the Commission, all regarding the same piece of property. Although this is not part of Stacy Ridge, it adjoins that neighborhood He is speaking as an affected property owner who has not received any notice. He stated he met with staff and wanted information, and did not receive anything. He is speaking regarding problems in the past and to avoid future problems. He stated there was a failure to communicate. He mentioned that when Phase 3 to the south of this property was annexed into Stacy Ridge Estates, there was a boundary problem. Engineering gave assurances, but the community ended up with double walls and a "no man's land." This problem could have been resolved during the design and development period. His concern is that this property would have the same problems He asked about maintenance. He also asked about runoff from the wall. There have been no assurances given. What about erosion control? His main points were that there has been a lack of communication with no information. He has no confidence that Engineering issues will be resolved. The difference in elevation is more severe on this property This is something that can be resolved if some information is given. Tom Melton, 1906 San Carlos Ave., Allen, Texas, spoke as the President of Stacy Ridge Homeowners Estate. He stated that the property he is referring to is on the northeastern boundary of the plat. There is a drop in elevation in that area. He stated a drainage swale was built along the eastern boundary of this property, behind the fences of the existing homeowners. Major earth moving is currently occurring under only a Concept Plan and depriving the community of their due process to voice their concerns. He stated he drove into the area, and that there is a steep elevation. He said this is the last opportunity for a public hearing He said he's worked with Shane Jordan, the Developer. Engineering plans, specifically for water divergence, were not discussed. It was a surprise that the dirt has been moved when there has been no specifications and drawings regarding the water issues. Although there was a meeting with the City's Engineering Department, which has assured there would be no issues, the community has no faith due to the processes in past projects in this area. There are also many standing water and mosquito problems in the detention pond The community is 13 Nears old and the problems remain unsolved. Fair notice and the October 21, 2014 �n opportunity to be heard did not occur. He said he understands that the Planning and Zoning Commission can approve the plat from the Concept Plan without all the Engineering issues solved. But it is a due - process violation if the residents are not given time to review the project. There are many flooding issues in this area. As recently as two days ago, he has contacted the North Texas Municipal Water District on a pipeline construction on the northern end of the property They have run into problems due to wall designs. Mr. Cocking asked what the points are that Mr. Melton is trying to convey Mr Melton stated that there are no assurances nor any, procedural processes that the residents will get a due process to see and review actual plans before this area is built. This went straight through to a plat without dealing with some issues that have not yet been addressed. Alan Hendrix, 1714 Monaco Dr., Allen, Texas, addressed the Commission. He said he was the leader of the block during the zoning. He said there was a switch in that the process was transparent in the beginning when the developers needed help, and now that the zoning is in place, there has not been much information transferred. He agreed with previous comments that there is a lack of communication He did not know this property was being replatted. He said the developers had met with them personally with questions and concerns before. Now he does not even know what the current plan is and what is being proposed. The plat shows what they want to do, but there are no pictures or how they plan on addressing the connection to his neighborhood — are there still masonry walls, wrought iron fences, emergency access gates? There are no details shown. There are too many unanswered questions. He was involved in this project from the start, so now he requests a delay or deferral to get more information ElShane Jordan, 16475 Dallas Pkwy Suite 540, Addison, Texas, Developer, spoke to the Commission. He said of all the comments that have been made, he is the most concerned about Mr. Hendrix's comments. There has not been a switch. This is the same plan as the Concept Plan. The wrought iron fences, masonry walls, are all the same, and nothing has changed. This is just a step in the process to continue with the development. He said he had taken a field trip with Mr Poe. On the east side where that swale is, water used to drain into those backyards. The water will now drain to the street There has been no change. The engineering has been reviewed, and in fact, the developers are doing extras to make everyone happy and to make sure there is no water overflow on the cast side Chairman Cocking closed the Public Hearing. Mr. Trahan wanted to confirm that the newspaper notice was published on 10/1/14 and public notices were mailed on 10/3/14 within 200' of the property Ms. Kulkarni answered yes. Mr. Bass stated that the process in Allen, which has been the process in Allen for decades, is that cases that come forward as a PD (zoning case), always have three components. The first is a Concept Plan, which is the graphic that shows information such as lot sizes, depths, widths, and dimensions. Mr Bass stated that Site Plans are not required for residential projects; they are only required for commercial or multi -family projects. In this case, the two plans (concept plan and plat) are very similar. Both show 18 residential lots for homes and 3 lots for common space. The next part of zoning (which has to be reviewed by the Planning and Zoning Commission and Council) are the development regulations, the narrative component that outlines lot size, width, and heights, in great detail. The third part is the building elevations. There are elevations for this property on public record. They show architectural style and materials. Thus, before this plat, there was a Concept Plan, development regulations, and elevations. The next step is typically a Preliminary Plat and then a Final Plat. In this case, the land was previously platted, so it goes through a replat. The replat ensures that ownership transfer is clean, that easements and rights- of-way are shown, and that the "puzzle' piece is complete Planning looks at the concept zoning plan October 21, 2014 (which is he legislative guide), and the plat as submitted, to see that they are close to matching before proceeding with the plat. Construction plan review is not subject to private citizens or outside engineer input. The Engineering department deals with that. Either the construction plans are fully complete or thev are close enough to proceed to the plat stage. Even though the fine details of the retaining wall have not been resolved, although started, anything in terms of the land use and Council approval is intact. This replat would not be presented if it was substantially different. Mr. Melton spoke from the audience. Mr. Bass staled that the due -process issue was brought up and deferred to the City Attorney to discuss. Mr. Laughlin, City Attorney, stated that the process has been followed according to state law, the Allen Land Development Code, and the charter of the City He has been involved in the process, including reviewing the notice that was sent out (to make sure it was consistent with the zoning notice). This is the process that is required by law and it has been followed. Chairman Cocking stated that nothing has changed from the zoning/Concept Plan stage This is an administrative procedural item from the Concept Plan to the Plat for the development to move forward. Mr. Hollingsworth asked if the ground work that was started is typical even before the plat has been approved. Mr Bass stated that in the state of Texas, landowners are allowed to modify their land in certain ways including clearing the land. A grading permit was issued as well, based on engineering satisfaction that the construction plans were substantially complete. Mr. Trahan asked if there was a material change between what was approved by Council and this replat or if amthing needs to go back to Council. Commissioner Cocking stated that all the items are still on the plat such as wall and maintenance easements, and so on. Everything that was brought up earlier in the process are on the Concept Plan and the plat. Concerns over walls, drainage (which cannot be off property), swales, and other concems, are incorporated Motion: Upon a motion by 2"d Vice -Chair Trahan, and a second by Commissioner Platt, the Commission voted 5 IN FAVOR, and 0 OPPOSED to approve the Residential Replat for Steeplechase Addition; being a Replat of Lots 1 and 2, Block A of Downing Estates, and generally located east of Goodman Drive and south of Stacy Road. The motion carried. 6. Public Ilearmg/Replat - Conduct a Public Hearing and consider a Replat of Lot IAl and Lot 2, Block 2, Millennium Business Park (being 22.6± acres generally located northwest of the intersection of Century Parkway and Millennium Drive) into Lots ]AIR, 1A2, IA3 & 2R, Block 2. (RP -10/3/14-7) [Allen Place] Chairman Cocking stated that this agenda item has been withdrawn as the final version of the plat was not submitted. October 21, 2014 Adjournment The meeting adjourned at 7:50 p.m. this` p u day of N O� (y..I�1v.2014 �Q �1> Madhuri Kulkarni, Planner October 21, 2014 Director's Report from 10/14/2014 City Council Meeting • The request to amend the development regulations of Planned Development No. 54, and adopt a Concept Plan and Building Elevations for a portion of Planned Development No. 54, generally located southeast of the intersection of Alma Drive and Exchange Parkway (for Streetlevel Center), was withdrawn. • The request to conduct a Public Hearing and Approve an Ordinance Amending and Updating the City's Comprehensive Plan was approved. I