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Min - Planning and Zoning Commission - 2016 - 10/04 - Regular' CITY OF ALLEN ATTENDANCE: Commissioners Present: Jeff Cocking, Chair Ben Trahan, l" Vice -Chair Stephen Platt, Jr., 2nd Vice -Chair John Ogrizovich Luke Hollingsworth Michael On Shirley Mangmm Absent October 4, 2016 PLANNING AND ZONING COMMISSION Regular Meeting October 4, 2016 City Staff Present Ogden "Bo" Bass, AICP, Director of Community Development Chris Flanigan, PE, Director of Engineering ' Brian Bristow, Assistant Director of Parks and Recreation Madhuri Kulkami, AICP, Senior Planner Meredith Norge, Planner Julie Dosher, 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 1. Action taken on the Planning & Zoning Commission items by City Council at the September 27, 2016, regular meeting. r Election of Officers 2. Elect a Chair, First Vice -Chair and Second Vice -Chair. Chairman Cocking opened the floor for nominations for Planning and Zoning Commission Chairman. Motion: Upon a motion by I" Vice -Chair Trahan, and a second by 2nd Vice -Chair Platt, the Commission voted 7 IN FAVOR, and 0 OPPOSED to appoint Mr. ' Jeff Cocking to the Planning and Zoning Commission Chair position. The motion carried. October 4, 2016 ' Chairman Cocking opened the floor for nominations for Planning and Zoning Commission 1" Vice -Chair Position. Motion: Upon a motion by Commissioner Mangrum, and a second by Commissioner Hollingsworth, the Commission voted 7 IN FAVOR, and 0 OPPOSED to appoint Mr. Ben Trahan to the Planning and Zoning Commission 1" Vice - Chair position. The motion carried. Chairman Cocking opened the floor for nominations for Planning and Zoning Commission 2nd Vice -Chair Position. Motion: Upon a motion by Commissioner Mangrum, and a second by P' Vice -Chair Trahan, the Commission voted 7 IN FAVOR, and 0 OPPOSED to appoint Mr. Stephen Platt, Jr, to the Planning and Zoning Commission 2nd Vice -Chair position. The motion carried. ' Consent Agenda (Routine P&Z business. Consent Agenda is approved by o single majority vote. Items may be removed for open discussion by a request from a Commission member or member of staff) 3. Approve minutes from the September 20, 2016, regular meeting. 4. Final Plat—Consider a Final Plat for Lot I, Block A, Allen ISD Elementary 18; being 18.4022+/- acres, generally located at the southwest comer of Ridgeview Drive and Chelsea Boulevard. (FP -7/14-16-54) [Allen ISD Elementary 18] Motion: Upon a motion by Commissioner Ogrizovich, and a second by Commissioner Hollingsworth, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Consent Agenda. The motion carried. Regular Agenda S. Preliminary Plat—Consider a Preliminary Plat for Bethany Pet Hospital, Lots I, 2, & 3, Block 1; being 6.527+/- acres, generally located at the northeast comer of Bethany Drive and Heritage Parkway. (PP 8/1/16-66) [Bethany Pet Hospital] Ms. Meredith Nurge, Planner, stated that the property is generally located at the northeast comer of Bethany Drive and Heritage Parkway. The property to the north is zoned Single -Family Residential R-3. The ' property to the west (across Heritage Parkway) is zoned Planned Development PD No. 22 Single -Family Residential SF. To the south (across Bethany Drive), the properties are zoned Planned Development PD No. 22 Single -Family Residential SF, Planned Development PD No. 22 Community Facilities CF, and October 4, 2016 t Planned Development PD No. 22 Shopping Center SC. To the east, the property is zoned Community Facilities CF. Ms. Norge said that a Site Plan was approved in September 2016 for a Veterinary Hospital. Preliminary platting is the next phase in the development process. The subject Preliminary Plat shows 6.5271 acres of land subdivided into three lots. Specifically, the Veterinary Hospital will be developed on Lot 2. Access for Lot 2 is provided through a primary access point on Heritage Parkway and through two internal access points - one on the north to Lot I and one on the east to Lot 3 through a firelane and mutual access easements. An access point is also proposed on the northern portion of Lot I on Heritage Parkway. Ms. Norge said that the Preliminary Plat has been reviewed by the Technical Review Committee, is generally consistent with the Site Plan, and meets the requirements of the Allen Land Development Code Motion: Upon a motion by Commissioner Orr, and a second by Y' Vice -Chair Trahan, the Commission voted 7 I FAVOR, and 0 OPPOSED to approve a Preliminary Plat for Bethany Pet Hospital, Lots 1, 2, & 3, Block 1; being 6.527+/- acres, generally located at the northeast corner of Bethany Drive and Heritage Parkway. The motion carried. 6. Public Hearing — Conduct a Public Hearing and consider a request to change the zoning to a Planned Development for Townhome Residential District TH, and adopt a Concept Plan, Open Space Plan, Development Regulations and Building Elevations; being a 6.245+/- acre tract of land in the Henry Wedsel Survey, Abstract No. 977, generally located south of Main Street and east of Greenville Avenue. (Z-2/29/26-22) [Ashwood Creek Place] Ms. Kulkami stated that the property is generally located south of Main Street and east of Greenville Avenue. The property to the north is zoned Community Facilities CF and Planned Development PD No. 113 Townhome Residential TH. The property to the east is zoned Community Facilities CF and Townhome Residential TH. To the south, the property is zoned Townhome Residential TH. To the west (across Greenville Avenue), the property is zoned Single -Family Residential R-3. Ms. Kulkami said the property is currently zoned Single -Family Residential R-3. The applicant is requesting to change the zoning by creating a Planned Development for a townhome development, and adopting Development Regulations, a Concept Plan, Open Space Plan, and Building Elevations for the property. Ms. Kulkami stated that staff recognizes that this property is bounded to the north by a floodplain and is also a triangular shaped property. It is also considered infill. She stated that this is a difficult piece to develop due to these constraints. The proposed residential development is approximately 6.21 acres. The Concept Plan shows a total of nineteen residential lots. All lots have a minimum lot sin of 24'X90' (2,160 square feet) and will be front - entry with a minimum dwelling unit area of 2,000 square feet, exceeding the minimum area per the ALDC. ' The gross lot density equates to 3.04 units/acre. October 4, 2016 Ms. Kulkami said that the Concept Plan also shows four open space lots. Open Space provided meets ALDC standards. The Open Space plan shows proposed amenities such as benches, a water feature, and a park for the residents. There are three access points into the development. The primary access point is on Greenville Avenue. A secondary, emergency access point is also shown on Greenville Avenue. A third access point is provided through the existing alley on the south to satisfy Community Services to ensure waste services can be adequately provided. Screening for the property will consist of an eight -foot masonry screening wall on the west (along Greenville Avenue) adjacent to the townhome development. Screening will continue along Greenville Avenue to the north of the townhome development (adjacent to the floodplain) through an eight foot wrought -iron fence where permitted by the Engineering Department. The eight foot wrought -iron fence is also proposed on the northern boundary of the townhome development (adjacent to the floodplain). Primary building materials, shown on the three types of building elevations, are brick and stone. Garage doors and driveways will be enhanced and treated. Ms. Kulkami summarized the development regulations: -Base Zoning District: Townhome Residential District TH. -Concept Plan: The Property shall be developed in general conformance with the Concept Plan. -Building Elevations: The Property shall be developed in general conformance with the Building Elevations. ' -Open Space: The development of the Property shall include development of open space as shown on the Open Space Plan. -Minimum Dwelling Unit Size: 2,000 square feet. -Driveways: The driveways shall be textured and treated with a decorative concrete aggregate. -Screening: Screening on the Property shall be developed in general conformance with the Concept Plan. No building permit to be issued until the fence permit has been issued and screening wall construction begun. No final building inspections to be conducted the construction and installation of all required screening has been completed. -Floodplain Reclamation: No application for Final Plat of the Property shall be considered for approval by P&Z until the owner or developer establishes through reasonable satisfaction of the Director of Engineering that the floodplain reconfiguration shown on the Concept Plan complies with City policy prohibiting adverse impact to the floodplain -Removal of Structure in Floodplain: Any existing structures in the floodplain (Lot 8, Block B) must be removed from the floodplain by owner prior to the issuance of any development or grading permit. The request has been reviewed by the Technical Review Committee. Ms. Kulkami stated that there were a few letters of opposition. She stated that one of the concerns is regarding lack of privacy in the alley. She said that connections to the alley are typically avoided; however, this condition is proposed because of Community Services. Another concern was regarding the value of the neighborhood and Section 8 Housing. Ms. Kulkami stated that this is not Section 8 Housing, but the applicant could address that concern and provide more information. Ms. Kulkami stated that another concern is regarding overcrowding and traffic. She stated that this development will add nineteen more lots; ' however, traffic and access points were vetted by the Engineering Department, Commissioner Ogrizovich asked if the two homes and the barn would be removed. October 4, 2016 t Ms. Kulkami said yes, the two structures would be removed with the development. Another structure will also be removed because it is in the floodplain. Chairman Cocking opened the public hearing. Mai Moughayar, 410 Allenwood Dr., Allen, Texas, spoke in opposition to the request. She had concerns regarding losing the peaceful atmosphere of the barn and farm that she can see from her property. Chairman Cocking read a response from Erin Cook, 203 S. Greenville Ave., Allen, Texas, who was listed as opposed. The response said that the area is beautiful and relaxing. She urged the Commission to vote for aesthetics and less traffic. Ronald Croffe, 5146 Pond Springs Cr., Allen, Texas, spoke in opposition to the request. He had concems regarding the row of bushes around the alley and asked if this would be removed. Kenneth O'Brien, 536 Cedar Elm Ln., Allen, Texas, spoke in opposition to the request. He had concerns about traffic flow on Greenville Ave. and parking on Cedar Elm. He had concerns about water mnoff being controlled and about creek erosion. He also voiced concerns regarding the wildlife in the area being uprooted. He had privacy concerns with the two story townhomes potentially being able to overlook the alley. He also stated concerns regarding school zoning and stated that he would like to see a park built in this area. Sherilyn Kunkel, 9 Cedar Elm Cr., Allen, Texas, spoke in opposition to the request. She had concerns regarding traffic in the area. She also voiced a concern on school zoning, asking where the children would . go to school. She voiced concern regarding the houses along the creek. She also had concerns regarding the traffic in the area. Sudhir Toorpu, 201 & 203 S. Greenville Ave., Allen, Texas, Applicant, spoke in favor of the request. He said that much of the development will remain untouched and stated that he spent 8-9 months researching the property due to the floodplain. He said that the townhomes will have front entry garages which will allow visitors and family members to park on the driveway. He said that there are an additional twelve parking spaces on the property. He also said that this will not be Section 8 Housing, but will be high-end townhomes. William Edwards, 6060 N. Central Espy, Allen, Texas, Engineer, spoke in favor of the request. He said he is the available for any questions. Mr. Gifford James, 535 Cedar Elm Ln, Allen, Texas, voiced concerns on traffic in the area and wanted to know if there was anything the public can do to stop the development. He also voiced concerns regarding safety. Chairman Cocking closed the public hearing. The following residents submitted citizen responses - Dorothy A. O'Brien, 536 Cedar Elm Ln., Allen, Texas—Opposed - Linda Robinson, 414 Ellis Ln, Allen, Texas— Opposed ' _ Waren Andrews, 513 S. Cedar Elm Ln., Allen, Texas — Opposed Gifford James, 535 Cedar Elm Ln, Allen, Texas — Opposed Chairman Cocking asked for further explanation on parking for this development. October 4, 2016 ' Ms. Kulkarni said that the requirement is for two spaces to be provided in the garage and two spaces to be provided on the driveway. Additionally, one visitor space is required per every two townhomes. The visitor parking requirement is ten spaces. The applicant is providing twelve, more than the required amount. Chairman Cocking asked about drainage concerns Chris Flanigan, Director of Engineering, said that the applicant submitted a flood study that identified the regulatory floodplain as well as the creek under fully developed conditions, which is a more conservative standard than that employed by the Federal government. Mr. Flanigan explained that the City is requiring a wider berth than what would be required on Floodplain maps. Mr. Flanigan said that the best defense against erosion on any riverine system would be preservation of vegetation. By setting the development back from the creek bank, the trees and grasses can hold back the bank to prevent erosion. Chairman Cocking asked if Mr. Flanigan was confident that this development would not exacerbate any downstream flooding concerns. Mr. Flanigan said that the development submitted has demonstrated, through floodplain analysis and a flood study, that the development would be setback a sufficient distance from the creek. Chairman Cocking asked about concerns regarding traffic. Mr. Flanigan said that Engineering staff has evaluated the access constraints. The proposed Street A as it connects to Greenville Avenue connects at a point that meets separation distances regarding driveway ' spacing. Mr. Flanigan stated that a continuous left turn lane provides adequate access. Traffic may back up during peak times heading north, but this situation exists throughout the community. Chairman Cocking asked about concerns with cut -through traffic both from the proposed new development and traffic from Cedar Elm. Mr. Flanigan said that the drivers in the older neighborhood would probably not cut -through the newer neighborhood to access Greenville Avenue. Chairman Cocking asked about Allen ISD input during the TRC process. Ms. Kulkami said that there is a representative from Allen ISD at the TRC meetings, and the representative did not voice any concerns. 2"d Vice -Chair Platt said that there were privacy concerns regarding the bush hedge row. He asked if this will remain or not. Mr. Garry Nale, Builder, said that keeping the hedge row would be determined once they get on the site. He said that they would leave as many trees as possible, but that if trees are too close to the buildings, then they would be removed. Chairman Cocking asked about the price point for the townhomes. ' Mr. Nale said that the townhomes will be in the $200,000 range. Chairman Cocking said that there was one question about turning this area into a park. He explained that the City does not own the land; it is owned by an individual. October4,2016 ' Chairman Cocking said that there were questions about crime and police protection. He asked who is the best person to contact. Mr. Bo Bass, Director of Community Development, said that for any policing issues, individuals should contact Chief Harvey. Chairman Cocking asked if the developer has had a meeting with the homeowners in the adjacent area. Mr. Toorpu said that he sent out flyers before the public hearing, but did not have a meeting with the residents. Mr. Toorpu said that he provided his e-mail and phone number on the flyers, but had not been contacted by the residents. Chairman Cocking asked if Mr. Tompu had an informational meeting for neighborhood members to discuss the property in advance. Mr. Toorpu said that the notification was sent through the flyers and that he did not set up a meeting. He was open to receiving any e-mails or phone calls for setting up a meeting. Mr. Toorpu said that he did not think it was necessary to set up a meeting. Chairman Cocking said to develop in Allen, it is always necessary to try to reach out. Mr. Toorpu provided the flyer to the Commissioners that was sent out. Mr. Toorpu said that flyers were sent on September 20ih, 2016, and that he did not receive any calls or a -mails of concerns. ' Chairman Cocking said that he recommended spending time with surrounding residents because of the opposition to this development. Commissioner Mangrum asked if the flyer was mailed or put on the doors Mr. Toorpu said that it was put on the doors. Chairman Cocking asked about proposed Street C being connected to an alley on an adjacent property. He said that the City typically does not connect properties by putting a road into an alley. Chairman Cocking asked about alternatives. Mr. Flanigan stated that this property is unique. Fire Department apparatus requires a cul-de-sac or a hammer head. The Fire Department decided to go with a hammer head operation to provide service to Lots 1-3; allowing the fire apparatus to back up and exit the access points off of Greenville Avenue. The other reason is to allow Solid Waste to service this area. Chairman Cocking asked if there was a way to have controlled access for waste services. Mr. Flanigan said that the City's waste hauler does not have a way to do this; it does not have a clicker or a knox box like the Fire Department to unlock the gate. Chairman Cocking asked if there were other ways for waste disposal such as having shared dumpsters ' Mr. Flanigan said this is not a multi -family development. This is a single-family development for which dumpsters are typically not used. October 4, 2016 ' Chairman Cocking said that not having the street connect to the alley would isolate the subdivision from the other one, but by having the street, it removes the isolation. Mr. Flanigan said the only option would be to convert Lots 1-3 into a cul-de-sac. By doing so, the property would lose the three lots. Commissioner On asked about the purpose of the cul-de-sac at the front of the property Ms. Kulkami said that the cul-de-sac is provided for waste services to turn around and it is required for the right-hand pick up. Commissioner Ogrizovich said that a lot of the concerns appear to be pre-existing issues. This development may exacerbate these issues, but they are already existing. Commissioner Ort said that his concern is that the developer did not have a meeting with the residents to allow the residents to voice their opinions. Commissioner Mangrum stated that she agreed with Commissioner Ogrizovich and Commissioner Ort and that she can support the project. I" Vice -Chair Trahan said that Commissioner Ogrizovich stated some good points; that a lot of the concerns precede this development. Commissioner Hollingsworth stated that all of his questions and concerns have been addressed. ' 2z Vice -Chair Platt said that he sees more of a possibility of people on Cedar Elm cutting through the proposed development instead of going through the alley, and that he cannot see a solution to the waste collection. Chairman Cocking said that he does not like the proposed Street C and that Lots 1-3 should be a cul-de-sac to allow for the two properties to be isolated. Motion: Upon a motion by 1" Vice -Chair Trahan, and a second by Commissioner Hollingsworth, the Commission voted 6 IN FAVOR, and 1 OPPOSED (Chairman Cocking) to approve a request to change the zoning to a Planned Development for Townhome Residential District TH, and adopt a Concept Plan, Open Space Plan, Development Regulations and Building Elevations; being a 6.245+/- acre tract of land in the Henry Wedsel Survey, Abstract No. 977, generally located south of Main Street and east of Greenville Avenue. (2-2/29/26-22) [Ashwood Creek Place] 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. October 4, 2016 ' Adjournment The meeting adjourned at 8:05 p.m. These n to a rov�thist"" day of C ¢X* '011` 2016. JAWryChamman Meredith Nurge, Planner 1 1 October 4, 2016 ' Director's Report from 9/27/2016 City Council Meeting • The request to conduct a Public Hearing and adopt an Ordinance for Specific Use Permit No. 149 for a Beer and Wine Package Sales use on a portion of Lot 7A-1, Block A, Village at Allen; generally located south of Stacy Road and east of US Highway 75, was approved. C