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HomeMy WebLinkAboutMin - Planning and Zoning Commission - 2016 - 03/01 - RegularMarch 1, 2016 170MPLANNING AND ZONING COMMISSION Regular Meeting March 1, 2016 CITY OF ALLEN ATTENDANCE: Commissioners Present Jeff Cocking, Chair Ben Trahan, 1" Vice -Chair Stephen Platt, Jr., 2"a Vice -Chair Luke Hollingsworth Shirley Mangrum Michael Orr John Ogrizovich Absent: City Staff Present: Ogden `Bo" Bass, AICP, Director of Community Development Shawn Poe, PE, Assistant Director of Engineering Madhuri Mohan (Kulkarni), AICP, Planner Kevin Laughlin, City Attorney 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 Report I. Action taken on the Planning & Zoning Commission items by City Council at the February 23, 2016, regular meeting, attached. Consent Aeenda (Routine P&Z business. Consent Agenda is approved by a single majority vote. Items may be removed for open discussion by a request from a Commission member or member ofstaff.J 2. Approve minutes from the February 16, 2016, regular meeting. 3. Final Plat — Consider a request for a Final Plat for Allen Center North Addition, Lot 6, Block A, being 1.948± acres situated in the James T. Roberts Survey, Abstract No. 777, City of Allen, Collin County, Texas; located at the southeast corner of Stacy Road and Greenville Avenue. (FP -2/23/16-18) [Aldi] 4. Final Plat — Consider a request for a Final Plat for Lots l and 2, Block A, Rock Ridge Estates, being 2.489± acres situated in the Gabriel Fitzhugh Survey, Abstract No. 318, City of Allen, Collin County, Texas; located south of Forest Grove and west of Rock Ridge Road, at 2355 Rock Ridge Road. (FP- 11/23/15-86)[Rock Ridge Estates] March I, 2016 Motion: Upon a motion by 1" Vice -Chair Trahan, and a second by Commissioner Hollingsworth, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Consent Agenda. The motion carried. Reeular Agenda 5. Combination Plat — Consider a request for a Combination Plat for RCCG Christ Throne Addition, Lots 1 and 2, Block A, being 2.5871 acres situated in the D.B. Hearne Survey, Abstract No. 427, City of Allen, Collin County, Texas; located on the southwest comer of Bethany Drive and Maxwell Creek Drive. (FP -10/20/15-77) [RCCG Christ Throne Addition] Chairman Cocking stated that notification was received from the applicant that they have requested this case to be withdrawn, so this item will not be taken under consideration at this meeting. 6. Conduct a Public Hearing and consider proposed amendments to the Allen Land Development Code relating to: Section 6.03.5 `Restaurants with food and beverage certificates—Geographic locations'; and Appendix A "Definitions" by amending the definition of "Restaurant or cafeteria (no drive-in service)". Mr. Bo Bass, Director of Community Development, presented the item to the Commission. He said that this request is to amend two sections of the Allen Land Development Code, the first relating to the Definitions and the second to grant staff the authority to grant exceptions to the geographic location; specifically the 300' requirement for restaurant establishments serving alcohol. Mr. Bass explained the first part relating to the modification of the definition. He stated that the definition of "Restaurant (No Drive-in or Through)" is antiquated, particularly due to changes of the Texas Alcoholic Beverage Commission. Staff recommends modifying the definition for greater clarification to include the following: • Clarifying that alcohol may be sold within this type of restaurant use; provided the establishment holds a valid, current and applicable Texas Alcoholic Beverage Commission permit or license for food and beverage sales. • Clarifying that alcohol sales for this type of restaurant use may not exceed fifty percent (50%) of the establishment's total gross sales. Mr. Bass stated that the second part of the amendment is the geographic location. The current ordinance states that any restaurant with alcohol sales may not locate within 300' of a church, hospital, or school (public or private). There may be opportunities in which the church, hospital, or school would be accepting of a restaurant serving alcohol to locate within 300'; but there is no mechanism in the ordinance to currently allow it (enabling those entities to drive the decision). Mr. Bass stated there would be three conditions for the exception to the distance separation requirement: 1. The proposed restaurant use is in compliance with the restaurant zoning standards. 2. The applicant submits a letter of consent from an officer of the affected church, hospital or school (that is fully authorized to act on behalf of the affected church, hospital or school) to the City. March 1, 2016 3. The applicant receives a license or permit from the Texas Alcoholic Beverage Commission on or before the 180th day of the date of the letter. Mr. Bass provided an example of a restaurant opening in Allen. If the zoning is in compliance, the next step, if the restaurant is within 300' of a church, hospital or school, is to negotiate privately with those entities. The affected parties can either support or not support the location of the restaurant. If not, the restaurant would not be able to provide a letter, and would not be able to locate less than 300' away. If the party is in support, then a letter would be provided to staff. A TABC permit then has to be acquired within 180 days. Mr. Bass stated that the exception runs with the permit If TABC terminates the permit, the exception is gone. Additionally, if the restaurant owner lapses or chooses not to renew the permit, then the exception is invalid as well. If a church, hospital, or school changes their mind after the fact, the exception is still granted. Only the TABC termination or a lapse/expiration would terminate the exception. Commissioner Ogrizovich asked what would happen if a restaurant was sold. Mr. Bass stated that he has experienced two situations; one situation where the TABC permit was seamlessly transferred between two owners with no lapse (and would not affect the exception), and a second situation where a permit lapsed (after which the exception would be invalid). Commissioner Ogrizovich clarified that 50150 means that alcohol cannot be above 50%. Mr. Bass said correct— it means no more than 50% alcohol can be sold. I" Vice -Chair Trahan clarified that the exception applies through perpetuity with the restaurant even if the church, hospital or school changes their mind or leadership changes, and is only terminated through TABC. Mr. Bass said the exception expires if TABC terminates the permit or if staff determines that the permit haslapsed. Kevin Laughlin, City Attorney, further explained that once the school, hospital, or church makes a decision, it is a one-time, non-reversible decision. Chairman Cocking opened the public hearing. Chairman Cocking closed the public hearing. Chairman Cocking said he believes this amendment is a good idea because there is currently a blanket rule of 300'. The rule does not take into consideration the uniqueness of every situation. For example, it may be beneficial to have a restaurant next to a football stadium by a high school and not near an elementary school. This amendment would allow developers and landowners to make the decision of what is best for an area. I" Vice -Chair Trahan asked if there is a zoned piece of land already with a church and somebody wants to change the zoning, whether this amendment is meant to guide the future development and infill. Does this help restaurants choose where to locate? Mr. Bass said this empowers the affected parties — they drive the process. The property has to first be zoned properly for a restaurant which could have alcohol sales. Once the zoning is in place, the restaurant would request a TABC form from the City Secretary; at which point staff would determine whether the March 1, 2016 establishment is within 300' and require a letter. I' Vice -Chair Trahan asked if the distance requirement has always been 300'. Mr. Bass answered yes. Chairman Cocking said that the 300' was decided by the City Mr. Laughlin said that the requirement is within the State Code. One of the exceptions is to allow local governments to adopt ordinances to create the distance requirement. 2" Vice -Chair Platt asked about a potential situation in which a small restaurant that served minimal alcohol was in a strip mall and a church decided to locate next door. Mr. Bass said that churches are not permitted in a Shopping Center zoning district 2" Vice -Chair Platt said he remembers a church locating in a Shopping Center before. Mr. Bass said that was probably a while ago. At least for 10 years, the ALDC has not allow churches in the Shopping Center district. 2" Vice -Chair Platt rephrased his question and asked what would happen if, hypothetically, a restaurant already existed and a church wanted to relocate within 300'. Mr. Laughlin said that as long as the permitted restaurant is there first, a church, school, or hospital would not affect the restaurant's permission. If the permit lapses or expires in that situation, then the restaurant would need to comply with the 300' rule. Commissioner Ogrizovich asked if the distance is measured to the physical church, school, or hospital or at the property. Mr. Laughlin said it depends. For a school, it is property line to property line (closest two points of the property line). Mr. Bass provided a few examples and buildings in Allen which are purposefully pushed further back than the building setback in order to meet the distance requirement. Mr. Laughlin said that churches and hospitals are measured from front door to front door, but clarified that schools are more restrictive. Mr. Bass reminded the Commission of the Appleseed project and how that building was set back further than the building line to clear the 300' distance. Chairman Cocking said that the 300' rule was arbitrarily set by the City. This exception process will be in place and helpful for unique situations. Commissioner Hollingsworth asked about the examples Mr. Bass provided, and clarified that if this method will be in place then additional setbacks would not be required. Mr. Bass said yes. March 1. 2016 Mr. Laughlin said that State Law also provides for a City Council or court to grant a variance pursuant to different standards if they choose to do so. This amendment would not replace that variance. That option would still be available, even if an entity (such as a school, church, or hospital) does not give consent. Essentially, the Council can ultimately still grant a variance to the distance requirement. Motion: Upon a motion by 2"d Vice -Chair Platt and a second by Commissioner Ogrizovich, the Commission voted 7 IN FAVOR, and 0 OPPOSED to recommend approval of the proposed amendments to the Allen Land Development Code. The motion carried. Executive Session (As Needed) As authorized by Section 551.071(2) of the Texas Government Code, this meeting may be convened into closed Executive Session for the purpose of seeking confidential legal advice from the City Attorney on any agenda item listed herein. Adiournment The meeting adjourned at 7:20 p.m. C iN These proved this IJ Ci16�C�n 2016. tffTVdoainman UAUU�-'- Madt uri Mohan (Kulkami), AICP, Planner C March I, 2016 Director's Report from 2/23/2016 City Council Meeting • The request to adopt an Ordinance to change the base zoning of a 4.247± acre portion of Tract C of Planned Development PD No. 98 (generally located south of Ridgeview Drive and west of Twin Creeks Drive) from Townhome Residential TH to Single -Family Residential R-7, and adopt a Concept Plan, Development Regulations, and Building Elevations for Ridgeview Villas was approved. • The request to adopt an Ordinance to change the base zoning of a 74.601± acre portion of Planned Development PD No. 105 (generally located south of Bethany Drive and east of Brett Drive) from Agriculture Open Space AO to Single -Family Residential District R-7, and adopt a Concept Plan, Development Regulations, and Building Elevations for Montgomery Farm Estates was tabled to the March 22, 2016, City Council meeting.