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Min - Planning and Zoning Commission - 1993 - 04/08 - RegularALLEN PLANNING & ZONING COMMISSION I REGULAR MEETING 7 APRIL 8, 1993 ATTENDANCE: Commission Members Present John Garcia, Chairman Harold Biggs, Vice -Chairman Kenneth Fulk, Secretary Douglas Gallagher Jeffery Kelley Steve Allen Noel Crume Commission Members Absent: None City Staff Present: Bill Petty, Director of Community Development Tom Keener, Development Coordinator Sally Leeper, Secretary CALL TO ORDER AND ANNOUNCE A QUORUM: i With a quorum of the Commissioners present, the Allen Planning & Zoning Commission was called to order at 7:30 p.m, by Chairman Garcia at the Allen Municipal Annex, City Council Chambers, One Butler Circle, Allen, Texas. Approve Minutes March 22. 1993 (Agenda Item II) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of March 22, 1993, Called Special Meeting." MOTION: Upon a motion by Commissioner Kelley and a second by Commissioner Gallagher, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of March 22, 1993, as presented. 1 APRIL 8, 1993 PLANNING & ZONING COMMISSION PAGE 2 Approve Minutes March 25. 1993 (Agenda Item 111) Chairman Garcia read the agenda item into the record as follows: "Approve minutes of March 25, 1993, Regular Meeting." MOTION: Upon a motion by Commissioner Fulk and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to approve the minutes of March 25, 1993, as presented. Tabled Item New & Unlisted Use - Outdoor Produce (A2enda Item IV) Chairman Garcia read the agenda item into the record as follows: "Tabled Item - Consider New and Unlisted Use for Outdoor Produce Market." MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Fulk, the Commission voted 7 FOR and 0 OPPOSED to remove Agenda Item IV from the table. Commissioner Fulk discussed issues resulting from the subcommittee meeting on this subject. Concern had been expressed regarding uses allowed along the entrance to the City along McDermott Drive which is in the Central Business District (CBD). The consensus of the subcommittee was that the CBD would not be an appropriate district for this use; Shopping Center was possibly acceptable with a Specific Use Permit; Local Retail would not be acceptable; Agriculture -Open Space would not be acceptable; General Business was possibly acceptable and is available in two weas..around McDonalds and on F.M. 2170 west of Allen Heights. The Commission discussed building materials to be allowed. Masonry exterior would be required unless variances would be granted by the Board of Adjustment. The Commission discussed the possible use of a Specific Use Permit. Commissioner Folk presented the following preliminary definition for the use: "Produce Market: Sale of fruits, vegetables and related perishable food products. Restric- tions would be: outside display of produce would only be allowed during business operating hours. 2) No permanent outside storage is allowed, unless screened from view by a suitable screen acceptable to the City " Commissioner Fulk further discussed the issue of outside storage. The subcommittee does not have a full recommendation at this time. APRIL g, 1993 PLANNING & ZONING COMMISSION PAGE 3 Commissioner Allen questioned the criteria for businesses to be located in the CBD. He suggested that this could be allowed by a Specific Use Permit in that district. Mr. Petty suggested that the two issues that need to be addressed are the outside storage and construction materials. Temporary uses are now allowable for 30 days with two 30day extensions. Chairman Garcia questioned whether the subcommittee had considered existing uses and Commission- er Fulk stated that they had determined that this use, because of the outside display, is not consistent with any of the existing uses. The subcommittee discussed possible similarities between this use and nursery. The proposed use is similar to nurseries with outside storage, because a plant nursery could sell fresh fruits and vegeta- bles. Mr. Petty stated that nurseries are allowed 30% of the front yard for outdoor display. He suggested that the requestor is looking for more outside storage than is allowed for plant nursery Commissioner Allen suggested that the use should be allowed wherever a plant nursery is allowed. A plant nursery is allowed by SUP in Shopping Center, by right in Central Business District, Light Commercial, General Business, Corridor Commercial, Planned Development, and Community Facilities. The consensus of the Commission was to accept the proposed definition, above. Chairman Garcia stated that he is mainly concerned with the outside storage. Traffic is a consider- ation, as well as compatibility to adjoining uses. Mr. Petty suggested that the outdoor display is what keeps the use from being already defined. Indoor retail or food store would cover the use if it were not for the outdoor display. He suggested the definition include definition of "City," as staff would not want the responsibility. Chairman Garcia discussed the use of Specific Use Permits. Commissioner Crume discussed the enforcement problems related to a Specific Use Permit. Chairman Garcia discussed the possibility of allowing the use by SUP in Light Commercial and Shopping Center Districts. Commissioner Allen suggested the same districts as plant nursery with SUP Commissioner Fulk stated that the SUP would not control location. Mr. Petty stated that staff would encourage the Commission to define the use in order that an SUP would not be required. He reminded the Commission of the work of the Zoning Ordinance Review Committee in attempting to remove as many SUPS as possible. Commissioner Gallagher suggested that the issue be placed back on the table for further consider- ation. I APRIL 8, 1993 PLANNING & ZONING COMMISSION PAGE 4 MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Crume, the Commission voted 7 FOR and 0 OPPOSED to table Agenda Item IV with direction given to the subcommittee that the proposed definition is appropriate, they should consider plant nursery locations, consider the LC, GB, and SC Districts, consider whether to allow the use in the CBD, and what criteria should be placed on the use, including screening requirements. Public Hewing Multi -Family (Reed Request) (Aeenda Item V) Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider request by Mr. J. W Reed representing Mr. O. B. English, to change the zoning from Agriculture -Open Space to Multi -family 3 (MF -3) on 15.487 acres of Ind in the Peter Wetsel Survey, Abstract #990 and being a part of a called 54.02 -acre tract of land, the THIRD TRACT described in a deed dated October 8, 1968 from Morris Natelson, Trustee to O. B. English and recorded in Volume 720, Page 643 of the Deed Records of Collin County, Texas; further described as being located immediately north of the Cotton- wood Creek Apartments." Mr. Jim Batten, Architect, 5121 Sunnydale Ct., Plano, Texas, represented the proposal to the Commission. He stated that 15.5 acres, including a natural creek, is being requested for development as apartments. He stated the plan preserves the natural tree line and creek as much as has been possible. Mr. Keener stated the property is located in Neighborhood District 31, and he reviewed the sur- rounding zoning. The request is to change the zoning from Agriculture -Open Space to Multi -family 3. He discussed the Comprehensive Plan. He added that a site plan is being provided for informa- tion purposes only; which includes 208 units, or 13.5 units per acre, slightly less density than the apartments to the south (Cottonwood Creek Apartments). There is a notation for the necessary 5' of right-of-way dedication for S.H. 5. The Fire Marshal and the City Engineer have reviewed and approved the proposed site plan. Mr. Keener stated that there is approximately 3/4 acre in the flood plain, which will be dedicated to the City during the platting process. Mr. Keener stated that the Comprehensive Plan allotted 1000 multi -family units in this neighborhood district. There are over 500 units still available. The Plan suggests that multi -family be located in the commercial areas and/or along thoroughfares. This request meets both criteria. The MF -3 District allows 18 units per acre. Mr. Petty added that the property is not developable in any way other than multi -family. Chairman Garcia opened the public hearing. APRIL S, 1993 PLANNING &ZONING COMMLSSION PAGE 5 With no one wishing to speak for or against the request, Chairman Garcia closed the public hearing. Commissioner Gallagher questioned whether there were any traffic considerations. Mr. Keener stated that a traffic study was not required because the intersection of S.H. 5 and F.M. 2170 has been thoroughly analyzed. Mr. Keener added that the zoning classification should contain a Flood Plain (FP) prefix. Commissioner Fulk suggested that the front parking area might be opened to the apartments to the south to share a possible future median cut on S.H. 5. Mr. Keener suggested that this could be addressed at the time of platting. Mr. Batten stated that the two parking areas do not line up because of the additional landscape buffer they have proposed. Staff added that the developer and builder is the same that developed and built the Cottonwood Creek Apartments. The Comprehensive Plan states that "multi -family and single family are compatible uses," however, screening would be required between the two uses. Commissioner Folk suggested that it appears appropriate to rezone this property to MF -3. MOTION: Upon a motion by Commissioner Biggs and a second by Commissioner Crume, the Commission voted 7 FOR and 0 OPPOSED to recommend approval of the request for MF -3 zoning. FINDINGS: 1. The use is compatible to adjacent uses. 2. The density proposed is compatible to adjacent property 3. The neighborhood district allows the proposed density. 4. The use is consistent with the development strategy of the Comprehensive Plan. 5. Appropriate right-of-way is being dedicated for S.H. 5. 6. It appears that the layout of the terrain makes the MF -3 zoning an appropriate district. I APRIL 8, 1993 PLANNING & ZONING COMMISSION PAGE 6 Public Hearing Dennis J. K000 LAeenda Item VIl Chairman Garcia read the agenda item into the record as follows: "Public Hearing - Consider request by Dennis J. Koop for A.C.P. Inc. to amend Planned Development No. 13 (PD -13) by amending the use regulations on Tract 12 to allow gasoline sales and car wash and requesting site plan approval for gasoline sales with car wash and convenience store as accessory uses. The property is described as a tract of land situated in the R. C. Ingraham Survey, Abstract No. 462, City of Allen, Collin County, Texas, and further being part of a tract of land referred to as Tract B, by a deed recorded in Volume 2773, Page 43, of the Land Records of Collin County, Texas; further described as being located at the southeast corner of Bethany Drive and Jupiter Road." Mr. Koop presented the request to the Commission. He stated he presently owned two convenience stores with service stations. He presented a site plan of the proposed development, and advised he is proposing the use of gasoline sales be added as an allowable use in Tract 12 of P.D. 13. He stated that the City of McKinney had awarded his company an Award for Excellence for commercial construction and landscaping. He stated he is interested in providing this use in an area other than on F.M. 2170. He stated that the facility has been designed with more landscaping than is required since it is actually larger than needed. They will be using card readers at the pump. Mr. Keener stated that the property is in Neighborhood District 25, and is zoned Planned Develop- ment No. 13. It is an outparcel of the Food Lion Shopping Center. The use was not allowed in the PD regulations when they were adopted. The decision before the Commission is to consider an amendment to the PD to allow the use and, if approved, site plan approval is required. The Fire Marshal and the City Engineer have approved the site plan. Mr. Keener added that landscaping on the site plan is more than currently required in the ordinance. The parking requirement is satisfied. The Commission discussed the additional curb cuts shown on the plan. Chairman Garcia opened the public hearing. Mr. Jeff Wells, 816 Fairlawn Street, stated he was told at the time of development of the Food Lion that a service station would definitely not be allowed in this tract. He expressed concern about the proximity to the school. He added that the traffic signal has helped the situation. He is opposed to the request. Mr. Eric Peterson, 601 High Trail, opposed the request. He cited proximity to the elementary school as problem. He added that the curb cuts currently existing at Food Lion were considered sufficient during that zoning process, and he opposed additional curb cuts. He requested clarification on the landscape drawing as to which items were crepe myrtle and which were oak trees. Mr. John Bearden, 605 High Trail, opposed the request. He expressed concern over gasoline odor. He stated that he was told during the Food Lion zoning request that a service station would not be APRIL S, 1993 PLANNING & ZONING COMMISSION PAGE 7 allowed at this corner. He questioned the proposed hours of operation, and proposed lighting. He suggested alternative locations be considered. With no one else wishing to speak for or against the request, Chairman Garcia closed the public hearing. Mr. Koop stated that the hours of operation would be 6:00 a.m. to 11:00 p.m. Sometimes they would remain open till midnight during special events. He stated he does not plan a 24-hour operation. He stated that the Environmental Protection Agency requires gasoline stations to have Stage 2 Vapor Recovery. Delivery trucks will also use vapor recovery lines. Regarding concerns of lighting, he stated there will not be heavy lighting on the facility It will be sufficient for safety. He discussed curb cuts and median cuts. He stated that curb cuts were designed after the City of Plano's ordinances. He stated that the landscaping is not finally defined at this time; however, he was not opposed to planting trees if that was desired. Mr. Koop stated that the curb cuts would be required by the oil company Commissioner Biggs stated that he considered the safety of the children as the most important concern. Commissioner Gallagher stated he understands the citizens' comments; however, today's needs indicate a need for service at this intersection. He shares a concern regarding safety He is not in favor of the additional curb cuts. Commissioner Biggs indicated he shared Commissioner Gallagher's concerns. Commissioner Kelley stated he has the same concerns as above, and added that landscaping needs to be shown on the southern edge of the tract. Mr. Koop stated that although 10% landscaping is shown, he would have additional landscaping shown in this area. He added that the oil companies do not allow flexibility on the curb cuts. He discussed other service stations with similar curb cut designs. Commissioner Allen expressed appreciation for the citizens' concerns, but stated he does not see a problem with the use or the curb cuts. He feels the currently specified curb cuts are too restrictive and this particular size of lot will need additional curb cuts. He stated he is in favor of the use, his only objection would be based on the fact that current residents were told there would not be a service station at this location. He sees it as similar to the drive-through restaurant. Commissioner Cmme stated he was opposed to additional curb cuts. He is not sure about the use. Commissioner Fulk stated he does not have a problem with the use. Regarding the issue of promoting traffic, he does not feel it will generate traffic, but would take advantage of existing traffic. He has a concern regarding the curb cuts. Regarding odors and fumes, he stated the facility is located at least 200' from residential to the south, and the EPA requirements should satisfy that S APRIL 8, 1993 PLANNING & ZONING COMMISSION PAGE concern. Regarding hours of operation, he does not feel this would be a 24-hour operation. He feels the luminary requirements for a service station would be compatible to the area. Chairman Garcia added that he feels the surrounding uses me compatible to the proposed use. He is not in favor of the additional curb cuts. Mr. Keener suggested that the Commission allow the City Engineer an opportunity to consider widening the existing curb cuts. Mr. Koop stated it will be very difficult to relocate the curb cuts and still retain approval from an oil company for the site plan. He questioned if the Commission would be agreeable to widening the existing cuts if that became a possibility. Commissioner Kelley suggested the City's traffic engineer review the site plan. Upon a show of hands, the Commission indicated a 7 for and 0 opposed approval of the suggested use. MOTION: Upon a motion by Commissioner Gallagher and a second by Commissioner Crume, the Commission voted 7 FOR and 0 OPPOSED to table Agenda Item VI. Workshop Subdivision Ordinance (Aeenda Item Vill Chairman Garcia read the agenda item into the record as follows: "Workshop - Consider Revisions to Subdivision Ordinance." The Commission chose not to consider this agenda item at this time. Other Business: Mr. Keener provided information regarding a meeting at the North Cenral Texas American Planning Association. Adjourn: MOTION: Upon a motion by Commissioner Crume and a second by Commissioner Biggs, the Commission voted 7 FOR and 0 OPPOSED to adjourn the April 8, 1993, meeting of the Planning & Zoning Commission at 10:15 p.m. n[ These minutes approved this day of �,(�� , 1993. T �nI 11) ■ �' Iehefiareta,ai an Kenneth Fulk, Secretary