Min - Planning and Zoning Commission - 2003 - 05/20 - RegularALLEN PLANNING & ZONING COMMISSION
MAY 20, 2003
ATTENDANCE:
Commissioners Present
Robin Sedlacek
Robert Wendland
Darion Culbertson
Alan Grimes, Acting Chair
Gary Stocker
Commissioners Absent.
Gary Caplinger
Kenneth Harvey
City Staff Present:
Marina Sukup, Director of Planning
David Hoover, Assistant Director of Planning
Sally Leeper, Planner
Ray Martinez, Attorney
REGULAR AGENDA
Call to Order and Announce a Quorum is Present:
With a quorum of the Commissioners present, Chairman Grimes called the meeting to order at
7:00 p.m in the City Hall Council Chambers, 305 Century Parkway
Director's Report on May 13, 2003 Council Action
Marina Sukup, Director of Planning & Development, reported that the City Council approved a resolution
authorizing the City to act as the custodian of the funds for the development of the plan for the Cultural
Arts Center for Collin County
CONSENT AGENDA
1. Approve Minutes of May 6, 2003, Regular Meeting.
Motion: Upon a motion by Commissioner Wendland, and a second by Commissioner
Culbertson, the Commission voted 5 I FAVOR and 0 OPPOSED to approve the
Consent Agenda. The motion carried.
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PLANNING & ZONING COMMISSION
MAY 20, 2003 PAGE 2
Regular Agenda
2. Public Hearing—Conduct a public hearing and consider a request for Specific Use Permit No. 79 for
a fueling station on 1.822± acres of land situated in the L. Wetsel Survey, Abstract No. 1026, and the
J. Roberts Survey, Abstract No. 777, City of Allen, Collin County, Texas; located at the southwest
corner of State Highway 5 and Stacy Road
Mr. David Hoover presented the request to the Commission. The property is zoned SC-Shopping Center,
and a Specific Use Permit (SUP) was previously approved for this property in May, 2000. However, that
permit has expired and this request is to reinstate the SUP No substantive changes have been made and
staff recommends approval.
Chairman Grimes Opened the Public Hearing.
Mr. Roger Strunk, 1639 Woodcreek Lane, president of the Homeowner's Association for Reid Farms
Addition, expressed concern about the lighting of the property.
Mr. Doug Galletti, 439 Deerbrook, expressed concern about lighting and noise, especially from the car
wash.
With no one else wishing to speak, the Public Hearing was closed.
Mr. Hoover stated that a photometric study has been completed which indicates all of the lighting will be
kept inside the property line as required by City ordinance. The surrounding property is zoned shopping
center, which will require an 8-foot masonry wall between that property and the surrounding residential
property when it develops.
Motion: Upon a motion by Commissioner Culbertson, and a second by Commissioner
Sedlacck, the Commission voted 5I FAVOR and 0 OPPOSED to approve the
request. The motion carried.
3. Public Hearing —Conduct a public hearing and consider an ordinance amending Tract No. 2 of
Planned Development No. 55 for Garden Office and Retirement Center uses to allow a Day Care Center
as a permitted use and to change the front building line from 100 feet to 25 feet. The property is 18.6041±
acres of land situated in the Michael See Survey, Abstract No. 543, City of Allen, Collin County, Texas;
located at the northwest comer of Watters Road and Bethany Drive.
Mr. Hoover presented the request to the Commission. The proposal will reduce the building line setback
from 100 feet to 25 feet in order to allow for development that will preserve the trees at the rear of the lot.
Approval of the request would also add day care as a permitted use. Moving the building toward the front
of the property will allow parking to be placed among the trees in the rear, reducing the number of trees
affected. Staff recommends approval of allowing a 25 foot building line setback and day care as a
permitted use.
Chairman Grimes Opened the Public Hearing.
Mr. Dave Denison, 8100 Lome Alto, Dallas, Texas, owner of the properly, spoke in favor of the request.
He noted that the western portion of the tract is in the floodplain and that moving the building line allows
i
constmction of a building without removing the trees. It will not be cost-effective to remove the trees.
Mr. Randy Boys, 1003 Westwood Court, spoke in favor of the day care use and against the change in the
setback if it allows more buildable area. He requested a stipulation that the trees will be preserved.
PLANNING & ZONING COMMISSION
MAY 20, 2003 PAGE 3
Mr. Greg Dawson, 1000 Westwood Court, expressed concern about preserving the trees in the rear of the
f property. They need the buffer from US 75. He is in favor of the day care use.
Mr. Gordon McCaleb, 1001 Ashland Court, stated that removal of any of the trees would reduce the value
of his home. He supports allowing day care as a permitted use and permitting the setback provided that
there is assurance that trees will be preserved.
Mary Kuykendall, 1001 BelAir, expressed concern about noise from children in the day care environment
and the removal of any of the trees.
Paul Daniels, 1002 Westwood Court, (written submission) was in support of the request.
Adam Faust, 1003 Ashland Court, (written submission) was opposed to the request based on the need for
greenspace.
With no one else wishing to speak, the Public Hearing was closed.
Mr. Hoover stated that the 25 -foot building line will allow the building to be placed to the front so the
majority of the trees can be preserved. He suggested the ordinance could contain a statement "no parking
in front of the front building line." He added that the Floodplain will be dedicated to the City at the time
of platting. The rear building setback includes 100 feet from the centerline of the creek There is also a
rear building line setback requirement.
�+ Commissioners indicated that the proposal was far superior to the current requirement of 100 -foot
setback. They favor restricting the parking to the rear of the building or between the buildings. They
noted that moving the building line to the front is offset by the mitigation requirement. The Commission
discussed the need for visibility at the intersection of Bethany Drive and Watters Road and indicated that
the reduction in the setback to 25 -foot setback should apply only on Watters Road. The setback along
Bethany Drive should remain 100 feet.
Motion: Upon a motion by Commissioner Woodland, and a second by Commissioner
Sedlacek, the Commission voted 5 I FAVOR and 0 OPPOSED to approve the
request to permit day care as an additional use and to change the font building line
on Watters Road to 25 feet, with the condition that no parking be allowed in front of
the building. The motion carried.
4. Public Hearing— Consider an amendment to the Allen Land Development Code, Appendix A,
Definitions, by amending the definition for Structure
Mr. Hoover indicated that the request is to amend the definition of structure to allow swimming pools to
extend over the building line except along streets identified as collectors or arterials on the Major
Thoroughfare Plan. Similarly, fences would not be considered "structures" until they exceed eight feet in
height, nor would fences of less than 36' be prohibited within the front yard.
Chairman Grimes Opened the Public Hearing.
With no one wishing to speak, the Public Hearing was closed.
The Commission discussed whether other regulations would be affected by this change. Mr. Hoover
S indicated they would not be. The Commission also felt that cinder block construction would be
inappropriate in front yards.
PLANNING & ZONING COMMISSION
MAY 20, 2003
PAGE
Ms. Sukup noted that the need to restrict the construction to the building line along streets identified as
collectors or arterials on the Major Thoroughfare Plan was intended to protect the residential
improvements and limit the City liability in the event that construction or repair work becomes necessary
on the utilities, or widening of the street is required. Trunk mains and major utility infrastructure are
often located within limited rights-of-way of these roadways.
It was noted that all other fences in residential areas are allowed to be 8 feet in height.
Motion: Upon a motion by Commissioner Sedlacek, and a second by Commissioner Stocker,
the Commission voted 5 I FAVOR and 0 OPPOSED to approve the request with
the elimination of the term cinder block. The motion carried.
Other Business
Upcoming Agenda Items
Adiourn
Motion: Upon a motion by Commissioner Sedlacek, and a second by Commissioner Stocker,
the Commission voted 5 IN FAVOR and 0 OPPOSED to adjourn the May 20, 2003
Planning & Zoning meeting at 8:00 p.m.
j
Th se minutes approved this day of 2003. h I
/'GW Capling hairman Pam Conway, Sr. Administrative t ant
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