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Min - Planning and Zoning Commission - 2003 - 11/18 - Regular((( ALLEN PLANNING & ZONING COMMISSION NOVEMBER 18, 2003 ATTENDANCE: Commissioners Present: Gary Caplinger, Chair Alan Grimes, Vice -Chair Robert Wendland Gary Stocker Robin Sedlacek Daren Culbertson Commissioners Absent. Kenneth Harvey City Staff Present David A. Hoover, Director of Planning Sally L. Leeper, Planner Kellie Wilson, Planning Technician Dennis Abraham, Civil Engineer Joe Gorfida, Attorney Call to Order and Announce a Quorum is Present: With a quorum of the Commissioners present, Chairman Caplinger called the meeting to order at 7:00 p.m. in the City Hall Council Chambers, 305 Century Parkway Directors Report on November 11, 2003 City Council Meeting David Hoover reported that the City Council presented a proclamation to the GIS staff recognizing GIS week. Consent Aeenda Approve Minutes of November 4, 2003, Regular Meeting Motion: Upon a motion by Commissioner Wendland, and a second by Commissioner Culbertson, the Commission voted 6 IN FAVOR and 0 OPPOSED, to approve the Consent Agenda. The motion carried. Reeular Aeenda Public Hearing/Replat — Consider a Replat for Millennium Business Park, a replat of Lots 2R and 3R, Block 3, being a replat of Lots 2, 3 and 4, Block 3. The property is 8.422± acres of land out of the William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas: located at the southeast corner of Century Parkway and Butler Drive. Mr. Hoover presented the request to the Commission. He noted that the replat is being completed in order to accommodate the relocation of the detention pond. Staff recommends approval. Chairman Caplinger opened the Public Hearing No one was present to speak for or against the replat. Chairman Caplinger closed the Public Hearing. PLANNING & ZONING COMMISSION NOVEMBER 18, 2003 PAGE 2 Motion: Upon a motion by Commissioner Grimes, and a second by Commissioner Sedlacek, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the Replat for Millennium Business Park Lots 2R and 3R, Block 3. The motion carried. 3 Preliminary Plat — Consider a Preliminary Plat for Creek Valley Estates, being 13 residential lots and 1 Home Owners Association (HOA) lot on 6.678± acres of land situated in the George W Ford Survey, Abstract No. 328, City of Allen, Collin County, Texas; located west of Allen Heights Drive and south of Park Place Drive. Mr. Hoover presented the request to the Commission. He noted that lots 2, 5 through 10, and 11 will require homes to be equipped with fire sprinkler systems. However, at this time, lot 2 has an existing structure on it that will not be required to have a fire sprinkler system unless at some time it is demolished and rebuilt. Commissioner Culbertson asked what the requirement is that requires the sprinkler systems. Mr. Hoover explained that it was because of the length of the cul-de-sac. Lots 3 and 4 will be accessed from Oxford Way, and the building setback line is being adjusted to allow for general alignment of the cul-de-sac. Staff recommends approval. Motion: Upon a motion by Commissioner Culbertson, and a second by Commissioner Wendland, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the preliminary plat for Creek Valley Estates. The motion carried. 4. Preliminary Plat - Consider a Preliminary Plat for Allen Center North Addition, Lots 1 and 2, Block A, being 19.084± acres situated in the James T. Roberts Survey, Abstract No 777, and the Henry Weisel Survey, Abstract No. 1026, City of Allen, Collin County, Texas; located at the southeast comer of Stacy Road and SH 5. Mr Hoover presented the request to the Commission. He noted that right-of-way for both SH 5 and Stacy Road is proposed to be dedicated. Approval of the preliminary plat accepts dedication of the right-of-way for final plat. Commissioner Grimes expressed his concerns about drainage from the property. Mr. Hoover then explained that a cross -access easement is needed from Lot 2 to the City's Pump Station and that the drainage issues would be adequately addressed prior to Final Plat. Staff recommends approval with conditions. Roy Wilshire, Kimley-Horn, addressed the Commission and confirmed that when the Final Plat is approved for Lot 1, the right-of-way will be dedicated as proposed in the preliminary plat. Motion: Upon a motion by Commissioner Wendland, and a second by Commissioner Grimes, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the preliminary plat for Allen Center North Addition, Lots 1 and 2, Block A with the following conditions: The property will need a cross -access easement from Lot 2 to the City's Pump Station; an agreement is needed with neighboring properties addressing detention; and a note should be placed on the plat that the detention is to be maintained by the property owner. The motion carried. 5. Continued Public Hearing — Conduct a Public Hearing and consider an ordinance granting a change in zoning on 529.47± acres of land from Planned Developments 35, 36, 37, 39 and 43 (being Corridor Commercial, Community Facilities, Industrial Technology, Office, Multi -family, Shopping Center, Garden Office, and Light Industrial uses) to a mixture of R3 -Residential, R5 - Residential, R7 -Residential, SC -Shopping Center, Corridor Commercial, Light Industrial, and PLANNING & ZONING COMMISSION NOVEMBER 18, 2003 PAGE Agriculture -Open Space uses The property is situated in the Francis Dosser Survey, Abstract No. 280 and the George Fitzhugh Survey, Abstract No. 32, City of Allen, Collin County, Texas, located north of Stacy Road between Watters Road and Chelsea Blvd, Mr. Hoover presented the request to the Commission. He stated that the direction of the request has changed significantly He then recapped the initial request and reviewed the existing and proposed zoning maps. He noted that the specifics of acreage have not been determined at this time. Staff recommends no action to be taken. Because new notices will need to be sent out to the surrounding property owners, a new request will come back to the Commission at a later date. Chairman Caplinger opened the Public Hearing. No one was present to speak for or against the request. Chairman Caplinger closed the Public Hearing. Commissioner Culbertson questioned what the proposal is to be for the out parcel on the east, and suggested it be shown on the Future Land Use Plan as "Low Density Residential." Commissioner Sedlacek asked that if the request is approved, would the Future Land Use Plan need to be changed prior to approving the request. Mr Hoover indicated that the Future Land Use Plan will need to be changed to reflect the approved zoning. He added that an Entertainment District is being added to the request, as well as a cap on the residential units and a minimum dwelling size of 1600 square feet on the R7 lots. He reviewed the proposed uses for the Entertainment District. Chairman Caplinger stated he had concern with proposed double -loaded streets. No action was taken as recommended by staff. 6. Public Hearing — Conduct a Public Hearing and consider an ordinance granting Specific Use Permit (SUP) No. 95 for a Restaurant/Private Club. The property is described as 0.430+ acres of land on Lots 5, 6, 7, 8, 9 and 10, Block 9, City of Allen, Texas; located at 103 W Belmont Drive. Mr. Hoover presented the request to the Commission. Staff recommends approval. Chairman Caplinger opened the Public Hearing Letters received by staff were read into record by Chairman Caplinger. (Mike Williams, Cathie Walsh, and Joe Barton King — supported) (DART — no comment). No one was present to speak for or against the request. The applicant did not address the Commission, but was present for questions. Chairman Caplinger closed the Public Hearing. Commissioner Grimes was concerned about the additional traffic to this area and could this site accommodate the parking. Mr Hoover responded and explained that some on -street parking is allowed in the CBD, and the surrounding property owners support the request. Motion: Upon a motion by Commissioner Stocker, and a second by Commissioner Culbertson, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the request for SUP 95 for a Restaurant/Private Club at 103 W. Belmont Drive. The motion carried. 7. Public Hearing — Conduct a Public Hearing and consider an ordinance granting a change to the approved concept plan on 10.89+ acres of land from Planned Development District No. 84 for PLANNING & ZONING COMMISSION NOVEMBER 18, 2003 PAGE Mull, -Family Residential uses to allow for the development of apartment units for senior residents. The property is situated in the McBain Jameson Survey, Abstract No. 491, City of Allen, Collin County, Texas; located northeast of SH5 and Chaparral Road Mr. Hoover presented the request to the Commission. He noted that the request included a new median cut on SH 5. Mr Hoover reminded Commissioners that the property is already zoned Multi -family, and that the request is for an amendment to the Concept Plan only Staff recommends approval. Commissioner Grimes asked that should the Commission approve the request, would the Concept Plan for the property to the north go away? Mr. Hoover explained that it would not automatically Commissioner Grimes stated he preferred to have the Concept Plan for the north property be resubmitted for approval. Chairman Caplinger opened the Public Hearing. The following individuals addressed the Commission: Bruce Wade 7 Brewster Court Allen, TX 75002 • The request does not address the northern part of the development • Multi -family overcrowding our schools • Opposed to only entering the development from SH 5. • The request does not address overall development of property. Max Hatfield (represents owner to the north and west, Barbara Kandell) — supports the project subject to the following being adequately addressed. • Utility stuboutss • Existing median cut will not change • The proposed second median cut will accommodate stacking lanes for access to the property to the west • Wants to only deal with the City during their development and not the other owners. Elizabeth Cline 23 Crockett Court Allen, TX 75002 • Concerned that her property line is five (5) feet from this property. • Was not notified when this property was annexed into Allen. • More apartments would brig more crime to the area. • Supports a park or more cluster homes. • Presented an e-mail dated February 5, 2003 from the Planning Department. Brad Hackett 1618 Collin Drive Allen, TX 75002 • Agrees with the concerns of Ms. Cline. I I I PLANNING & ZONING COMMISSION NOVEMBER 18, 2003 PAGE 5 Chairman Caplinger read an e-mail sent to staff from Paul Haynes. • He disagrees with the location of the entrance and exit of the development. • Wants to relocate entrance to Chaparral. Chairman Caplinger closed the public hearing. Applicant Jerry Green addressed the Commission. He stated that the concept of this development is for non -assisted senior living. There will be no resident under the age of 62. Therefore, this development will not impact the schools. The trees on the back portion of the property will not be removed. Marc Tolson, Galier.Tolson. French Design Associates, presented the Site Plan to the Commission. He noted some of the amenities of the proposed development: • 6,500 S F community center • landscaped courtyard • security gates • rose garden He added that the units will be rental, and not owner -occupied. He noted that each comer of the building will include an elevator. Motion: Upon a motion by Commissioner Wendland, and a second by Commissioner Sedlacek, the Commission voted 6 IN FAVOR and 0 OPPOSED to approve the change to the Concept Plan from PD 84 for Multi -Family Residential uses to allow for the development of apartment units for senior residents. The motion carried. Other Business • Upcoming Agenda Items o Final Plat for Walgreens o Property swap with Twin Creeks and the City to add to PD 54 o The 529 acre Blue Star proposal o A few possible preliminary plats Commissioner Sedlacek requested that a Workshop Meeting be scheduled to discuss Item Number 5. Commissioners agreed that the Workshop could be held prior to a regularly scheduled meeting. Adjournment Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Culbertson, the Commission voted 6 IN FAVOR and 0 OPPOSED to adjourn the Planning and Zoning Commission meeting at 8:40 p.m. These minutes approved this day of ��,(�m �p� 2003. 4- -/Gal Capli eq Chairman Kellie Wilson, Planning Technician I I 1, Pam Conway From: Sally Leeper Sent: Monday, November 17, 2003 3.23 PM To: Pam Conway Cc: David Hoover Subject: FVV. Development No 84 Pam, please copy this for the P8Z ---0rtginal Message ---- From: Paul Haynes [mailto:GPPPH1@peoplepc.com] Sent: Monday, November 17, 2003 3:18 PM To: Sally Leeper Subject: Development No.84 47 e... To Whom it may concem, Although I have nothing against the development of the proposed semors housing project I do disagree with the location of the entrance and exit of the project. At any seniors development there are approx. 50 to 100 cars a day that will be visiting or staying. The entrance on Rt 5 is going to cause more than its share of traffic accidents. We have enough coming of Chaparral and the "Beer Store" and since us seniors don't have the reflexes that the young have, I suggest you relocate the entrance to Chaparral. Or better still tum the current apartment complex located on Chaparral to a Seniors Residences. Yours Truly, Paul Haynes 11/17/2003 Pam Conway !� From: Sally Leeper Sent: Monday, November 17, 2003 3 23 PM To: Pam Conway Cc: David Hoover 11 Subject: FW: Development No 84 Pam, please copy this for the P&Z ---Original Message— From: Paul Haynes [mailto:GPPPHI@peoplepc.comj Sent: Monday, November 17, 2003 3:18 PM To: Sally Leeper Subject: Development No.84 To Whom it may concem, Although I have nothing against the development of the proposed seniors housing project I do disagree with the location of the entrance and exit of the project At any seniors development there are approx. 50 to 100 cars a day that will be visiting or staying. The entrance on Rt 5 is going to cause more than its share of traffic accidents. We have enough coming of Chaparral and the "Beer Store" and since us seniors don't have the reflexes that the young have, I suggest you relocate the entrance to Chaparral. Or better still tum the current apartment complex located on Chaparral to a Seniors Residences. Yours Truly, Paul Haynes 11/17/2003 I I 11/11/2003 13:38 9727477306 JOE BARTON KING PAGE 01 (/n �= NOTICE TO PROPERTY OWNER WITHIN 200 FEET r OF PUBLIC HEARING FOR PROPOSED ZONING CITY OF ALLEN ZONING CASE Z-IOMM3-63 (Belmont Restaurant & Lounge) LThe Allen Planning & Zoning Commission will hold a public hearing on November 18, 2003, at 7:00 p.m. in the Allen City Hall Council Chambers, 305 Century Parkway, Allen Texas, to consider the zoning ease as described below: The property is described as 0.4303 acres of land on Lots 5, 6, 7, 8, 9 and 10, Block 9, City of Allen, Texas, according to the Plat thereof recorded in volume 6, Page 152, Map Records, Collin County, Texas; located at 103 W. Belmont Drive. CURRENTZONING: CBD -Central Business District for Office/Retail. REQUESTED ZONING: SUP -Specific Use Permit for a Restaurant/Prtvate Club. According to the current tax records, you are the owner of property within 200 feet Of the Proposed zoning case. The hearing is open to the public and you have the right to speak for or against the proposed Development change. 305 Century Plarkway. Alster your len Texanion s 75013ing this or by fax at (972) to 727-0165. mint of Planning & The Planning & Zoning Commission forward$ its recommendations for any zoning change to the City Council after conducting a public hearing. Cases recommended for approval are alltomatically scheduled for a public hearing before the City Council. Cases recommended for denial may be appealed by the applicant within thirty (30) days. At that time a hearing will be scheduled before the City Council. Please contact the Planning Department, One Allen CWio Plaza, Allen, Texas, 75013 for additional information or call (972) 727-0125, or e-mail elseoer�cclNofallan.aro _____________________________________________________________________________ X Cut here ZONING CASE Z-10111/03$3 (Belmont Restaurant & Lounge) Members of the Planning & Zoning COmrrrleelbn: I, - D'o K.1 }) , with property totaled at '20-6 YJ • Dfi L VVbgT . Allen Teras. (NAME) (ADDRESS) Support Oppose The proposed zontrlg change for the following reasons: �--)1/ O• �,....,.m a DATE ant By: CHARLESAc; 2144958942; Nov -10-03 5: 35PM; Page 1/1 NOTICE TO PROPERTY OWNER WfTHIN 200 FEET OF PUBLIC HEARING FOR PROPOSED ZONING CITY OF ALLEN ZONING CASE Z-10/810383 (Belmont Restaurant & Lounge) LThe Allen Planning 8 Zoning Commission will hold a public hearing on November 18, 2003, at 7:00 p.m. in the Allen City Hall Council Chambers, 305 Century Parkway, Allen, Texas, to oonsidar the zoning case as describedbebw: The property is described as 0.430* acne of lend on Lots 5, 6, 7, 8, 8 and 10, Block 9, City of Allen, Texas, according to the Plat thereof recorded In volume 6, Page 152, Map Records, Coffin County, Taxes; located at 103 W. Belmont Drive, CURRENT ZONING: CBD -Central Business District for Of6calRetall. REQUESTS ZONING; $UPSpecific Use Perk for a RestsuranUPrwate Club. According to the current tax records, you are the owner of property within 2DD feet of the proposed Zoning case. The hearing Is open to the Wale and you have the right to speak for or against the proposed change. You may also register your opinion by retuming this for to the Department of Planning 8. Development, 305 Century Parkway, Allen Texas, 76013 or by fax at (872) 727-0185. The Planning 8 Zoning Commission forwards Its recommendations for any zoning change to the City Council after oonductng a pubic hearing. Cases recommended for approval are automatically scheduled for a public hearing before the City Council. Cases recommended for denial may be appealed by the applicant within thirty (30) days. At that time a hearing will be scheduled before Bra City Council. Please contact the Planning Department, One Allen CW Plaza, Allen, Texas. 76013 for additional inforakon or call (972) 727-0126, ora -mad slearsrditcitvofadan-om __________________________________________ X Cut fees ZONING.CASE Z-1018103-63 (Belmont Restaurant 8 Lounge) Members of the I, -�((Plla(n�ni�g��3[Z'oning Commission: '+LC. • with property localed at l�2 (d% ✓�1P rMZt— Allen. Texas. (NAME) (ADDRESS) —E/Support Oppose The proposed zoning change for the following reasons: l: P-10-03 SIGNATURE DATE '. `W% iz4 = NOTICE TO PROPERTY OWNER WITHIN 200 FEET i OF PUBLIC HEARING FOR PROPOSED ZONING CITY OF ALLEN ZONING CASE Z-1018103-63 (Belmont Restaurant & Lounge) �The Allen Planning & Zoning Commission will hold a public hearing on November 18, 2003, at 7:00 p.m. in the Allen City Hall Council Chambers, 305 Century Parkway, Allen, Texas, to consider the zoning case as described below: The property is described as 0.430± acres of land on Lots 5, 6, 7, 8, 9 and 10, Block 9, City of Allen, Texas, according to the Plat thereof recorded in volume 6, Page 152, Map Records, Collin County, Texas; located at 103 W. Belmont Drive CURRENT ZONING: CBD -Central Business District for Office/Retail. REQUESTED ZONING: SUP -Specific Use Permit for a Restaurant/Private Club. According to the current tax records, you are the owner of property within 200 feet of the proposed zoning rase. The hearing is open to the public and you have the right to speak for or against the proposed change. You may also register your opinion by returning this form to the Department of Planning & Development, 305 Century Parkway, Allen Texas, 75013 or by fax at (972) 727-0165. The Planning & Zoning Commission forwards its recommendations for any zoning change to the City Council after conducting a public hearing Cases recommended for approval are automa8cally scheduled for a public hearing before the City Council. Cases recommended for denial may be appealed by the applicant within thirty (30) days. At that time a hearing will be scheduled before the City Council. Please contact the Planning Department, One Allen Civic Plaza, Allen, Texas, 75013 for additional information or call (972) 727-0125, or e-mail sleeoer(rdcityofallen.ora ------------------------------------------------------------------------------------- X Cut here ZONING CASE Z-1018/0383 (Belmont Restaurant & Lounge) Members of the Planning & Zoning Commission: with property located at Allen, Texas, (NAME) _ / (ADDRESS) `/Sup/port Oppose The proposed zoning change for the following reasons: I A 4L � 2 2 i § § . § % � § e ! ! o ( E ! ■ x\ +seri A z ,ns #v x�u1 > b tin gill Aft Aft "V 'u�mlC _ h r r1 ( • i . Yi r4� �n feu Yi f i 1 i Oji 11 h r � � I'.��JI T O iffr gatit Ad it I A r ii �y Y t Page 1 of 2 Subj: RE: Comprehensive Plan Date: 2/5/2003 9:02:02 AM Central Standard Time From: msukuo@citvofallen.orq .� To: BETH2O47@aol.com Ms. Cline: The property which you describe is under several different ownerships (at least two) — the apartment development has not proceeded and the owners are apparently not in agreement that it should go forward, if at all. One party is investigating the possibility of garden office development. Since the property is in a planned development, any multi -family development is tied to a concept plan. The plan included is quite specific and does not recognize the differences in ownership — in other words, it would have to be developed exactly as shown on the concept plan, or the plan completely revised to break it up into multiple ownerships Any revision to the concept plan would require both notice and public hearing before the P&Z and the City Council. A separate but related issue is the development of the Comprehensive Plan — our revised future land use plan (proposed until adopted by City Council) shows the area you described as "office" While this is not zoning, it recognizes that the area is likely to develop differently than the actual zoning in place today may dictate. In summary, it is unlikely that the City will initiate a unilateral rezoning of the property, but equally unlikely that it will develop as multi -family. Since conformance with the Concept Plan is a prerequisite to any actual construction and since this appears unlikely, it will almost certainly be submitted for revision. In this case, since the proposed future land use plan shows it as "office", it will warrant additional justification from the proponents. Any such revision will certainly involve a significant amount of discussion involving adjacent property owners The revised future land use plan recommended by P&Z last night should be available on the City's website on the Council agenda — the proposal reviewed by P&Z is still up as an attachment to that agenda. Please let me know if you have further questions. Marina Sukup, AICP, CFM Director of Planning & Development 305 Century Parkway Allen Texas 75013 972.727.7539 -----Original Message ----- From: BETH2O47@aol.com [mailto:BETH2O47@aol.com] Sent: Wednesday, February 05, 2003 8:28 AM To: msukup@ci.allen.bc. us Subject: Comprehensive Plan Marina Sukup, I am a resident on the south east side of town. I am concerned about the undeveloped area behind me. I watched the planning and zoning meeting last night and was not aware that changes were being made to the plan. I would like to express my concern over the area just north of Chapparel and east of Hwy 5. Several years ago, before the southern most piece was in Allen, I fought an apartment complex being developed behind my home. At that time I was informed that only 2 multi -family developmentw were allowed per neighborhood and we at that point already had two. The apartment won with many restriction, for which I am grateful, they ending up not developing due to constraints. However, the Plano piece of land was annex into the city and approved for multi family development witlI��ppootificabon of a public hearing either by mail or posting on property. This now makes three multi fa'rKiily development in our neighborhood with zoning for a fourth We do not have a nice park like the newer developments and I feel this area could be developed by the Parks Department. Since the filling in of our natural pond, when they started building the town homes, several of the homes in Collin Square have developed cracks. I met with the engineers several times in attempts to stop the filling in of that pond,as I was told it was were a natural spring surfaced, unfortantely it was on the plat as Tuesday, November 18, 2003 America Online: BETH2O47 A I Page 2 of 2 a stock pond and nobody seemed to care. On a side note the town homes also killed several of the trees in the natural tree line. I would really appreciate if you would tell me how I could go about getting the zoning changed for the undeveloped part that is north of the town homes currently under construction I plan on attending the City Council meeting next Tuesday and hope that it is a public hearing so that I may express my concerns at that time. Please let me know what I can do. Sincerely, Elizabeth A. Cline 23 Crockett Court Tuesday, November 18, 2003 Amenca Online: BETH2047 I PLANNING AND ZONING COMMISSION SPEAKER CARR DEM of meet ___ Name each,$ public throe t3) miriu s testi! Y 1 i s iter Thank you for your yqur"r rre in the CITY OF ALLEN.;