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Min - Planning and Zoning Commission - 2006 - 11/07 - RegularPLANNING AND ZONING COMMISSION Regular Meeting November 7, 2006 CITY OF ALLEN ATTENDANCE: Commissioners Present: James Rushing Robert Wendland Jeff Cocking Steve Shaffer Alan Grimes Commissioners Absent: Douglas Dreggors Marcelle Jones City Staff Present: David Hoover, Director of Planning & Development Lee Battle, Assistant Director of Planning Kellie Wilson, Planning Technician Chris Flanagan, Engineer Amber Slayton, Attorney Reeular Aeenda Call to Order and Announce a Quorum is Present: With a quorum of the Commissioners present, Chairman Wendland called the meeting to order at 7:00 p.m. in the City Hall Council Chambers at Allen City Hall, 305 Century Parkway Director's Report on October 24, 2006, City Council Action There were no Planning related items. Consent Agenda Agenda Item 1: Approve Minutes of October 17, 2006, Regular Meeting Agenda Item 2: Final Plat — Consider a Final Plat for Twin Creeks Phase 7D-1, being 7.182± acres located southwest of Exchange and east of Walnut Springs Drive. PLANNING & ZONING COMMISSION PAGE 2 NOVEMBER 7, 2006 Agenda Item 3: Final Plat — Consider a Final Plat for Kids R Kids Addition, Lot 1, Block A, being 1.813± acres of land located east of the northeast comer of Bethany Drive and Jupiter Road. Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Rushing, the Commission voted 5 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda. The motion carried. Reeular Aeenda Agenda Item 4: Public Hearing - Conduct a Public Hearing and consider a request for a change in zoning from CC Corridor Commercial and PD Planned Development No. 73 for CC Corridor Commercial, to expand and amend PD Planned Development No. 73 to allow Retail/Commercial uses. The property is 181.341± acres of land situated in the Henry Weisel Survey, Abstract No. 1026 and the F C. Wilmeth Survey, Abstract No. 999, City of Allen, Collin County, Texas; located at the southeast comer of US75 and Stacy Road. Mr. Hoover presented the request to the Commission. The proposed project is a 'lifestyle" development with a combination of retail and office uses. This will allow for smaller setbacks, 1 and a narrow list of permitted uses. The development will also be on the north side of Stacy in the Fairview city limits However; the both projects will be similar in architectures, style, and theme. During development, Allen Station Parkway will be constructed to extend to Stacy Road. During the review of the Concept Plan, Mr. Hoover stated that the rendering provided is conceptual only It is not an exact illustration of how the project will develop. Mr. Hoover gave a brief explanation of how the existing ordinance regulated the 300 -ft. buffer. The buffer was to restrict certain types of uses. The regulation does allow for parking, retention ponds, and landscaping. He explained that by using decel lanes on Allen Station Parkway, they could shift a portion of the structures that appear to encroach on the buffer. Mr. Gar Herring, Applicant, addressed the Commission. He stated that he will be responsible for developing the retail side of the development, and then he will "team up" with another developer, who specializes in office development, to develop the proposed office. As a buffer, their proposal places the office use adjacent to the neighboring residential neighborhoods. This project will have more trees, more gathering spaces, and more parks. Chairman Wendland opened the public hearing Doug Galletti, Reid Farm HOA President (spoke against) 439 Deer Brooke • Hotel too close • Favor the western portion of the development PLANNING & ZONING COMMISSION NOVEMBER 7, 2006 PAGE • Request reduces privacy • Increase in crime • Decreases value of home • Requested the hotel location be moved. • Prefers two story office • Possibly had an office building where the hotel currently exists, making it easier to reduce the height of the office buildings Tom Cruz (spoke against) 413 Deer Brooke Drive • Wants a walking/running path • Wants extra security during the development • Concerns with the hours of construction during the development • Wants a 25 ft. buffer between the screening wall and their back fence Hugh Bickbord (spoke against) 1613 Wood Creek Lane • What happens when the detention ponds dry up? • Increase in water use • Doesn't want three story office • Who is going to pay to have the trash and dust cleaned up around his property? • Does not want access to this development • Noise at 4:00 a.m. during construction — problem before • Increase in traffic accidents • With the increase in traffic noise —car alarms will be going off all the time • Wants a tree line as a buffer Mitch Hefter (did not speak — in favor) 407 Deer Brooke Drive Joel Lunde (spoke against) 1609 Wood Creek Lane Janice Barton (spoke) 1639 Wood Creek Lane • Not opposed to zoning • Hotel will be overlooking backyard • Doesn't want a 10 story — looks right into her living area • Lighting • Connectivity to Reid Farm • Masonry fence • We were told two story was all that would be allowed on this land by City when home was purchased PLANNING & ZONING COMMISSION NOVEMBER 7, 2006 PAGE Keith McCain (spoke in favor) 428 Deer Brooke Drive • Neighborhood access — some residents want, some do not — he personally supports access. • Security and maintenance a concern. • Wants to be able to close off access in the future should it become a nuisance. Kim Casavant (spoke) 1515 Bethlehem • Not opposed to zoning — height of buildings is the opposition she had • Construction hours • Consider privacy • Wants the screening wall up before they start construction • Would support a wrought iron fence adjacent to detention pond Chairman Wendland read into the record, the names of other individuals who completed the speaker cards (but did not speak) or sent in responses to Staff prior to the meeting. Glenda Adian 424 Fox Trail • In favor of zoning • Concerned with 10 -story hotel next to neighborhood • Does not want access to neighborhood Kim Fuquay 1639 Wood Creek Lane • Opposed • Does not want hotel looking into her backyard • There will be no privacy • Worried about security and property value James Adian 424 Fox Trail • Undecided • Concerned with building height —would bean intrusion on privacy • Property values negatively affected Judith Bickford 1613 Wood Creek Lane • Opposed • Backyard will become public • Property value decline CF PLANNING & ZONING COMMISSION PAGE 5 NOVEMBER 7, 2006 Michael Woody 417 Fox Trail • Opposed Joe and Jennifer Shankle 408 Long Cove Ct. • Support • Concerned with location of hotel move towards U.S. 75 • Height of office buildings — prefer two story Larry and Grace Baldridge 1625 Wood Creek Lane • Consider placing a walking trail/sidewalk with landscaping behind the office complex puking lots • Suggest that the retention pond that is by the proposed hotel would be more likely to keep water from flowing into the subdivision if it was extended south along the back of the development instead of placed in the center, where it is parallel to the parking lots. Sherry Laurence 405 Fox Trail • Wants the proposed easement between the Reid Farm property lines and the edge of the parking lot for the development be 50 feet. • Wants a stone or brick wall for privacy, as well as plenty of landscaping. Cundy Fertitta 419 St. Andrews Drive • Supports Louise Tessier 423 Shady Valley Drive • Oppose • 300 foot easement needs to remain in place to create a clear transition zone • Keep the planned masonry dividing wall — it acts as a sound barrier, in addition to a visual separation. • A wrought iron fence would be a major downgrade. • Limit the maximum height of the hotel to no taller than the Garden Inn Hilton — keep the hotel next to the service road • Limit the height on the office buildings Joseph Tabone 404 Shady Valley Drive • Oppose • Do not want to be able to see a multi -story building from our backyard • It appears that most of woods and fields will be covered with concrete parking or buildings. Those woods and fields absorb a considerable amount of water during large PLANNING & ZONING COMMISSION PAGE 6 NOVEMBER 7, 2006 rain events. Would like assurances that this development will not cause drainage issues that will back run-off water up into the Reid I= neighborhood. • Lacks green space and an adequate buffer between the development and the neighborhood. Developer should be required to "give back" a portion of the property for public space. Reid Parra has no access to City Parks within reasonable walking distance of the neighborhood. • Traffic congestion. Propose development be delayed until the proposed widening of Greenville Avenue between Exchange Parkway and Stacy Road is completed. Jyothi Vootkur 1517 Bethlehem Road • Opposed Chairman Wendland closed the public hearing. Mr. Hoover readdressed the Commission to answer questions. • Traffic - He stated that the City is working with the County to widen Stacy with six (6) lanes of pavement. There are plans to reversing the ramps on U.S. 75 for better traffic control. Staff hopes to use additional grant money to do more improvements. Project should begin in six (6) months to a year. 1 • Height of Hotel - Mr. Hoover explained that the existing CC Corridor Commercial zoning allows for 16 stories. The limitations of 2 stories are not a restriction in any of the zoning district. • Noise — The hours of construction are regulated in the Code — 6:00 a.m. to 8:00 p.m. Mr. Hoover explained that due to extreme temperatures this past summer, the Chief Building Official, Bret McCullough, allowed for slabs to be poured at 4:00 a.m. Mr. Hoover went on to stay this is not the norm, it was an exception. • Access - The Developer will meet with the neighborhoods prior to submitting the plats and site plan and decide whether or not to construct a gate to allow access from the residential developments. However, an 8 -ft. masonry wall is required. • Movina the Hotel - Staff has discussed with Developer alternative locations for the hotel. If moved, that space will be filled with another allowable use However, the hotel is a permitted use. Chairman Wendland asked if trails would be constructed. Mr. Hoover responded stating that the Developer is not required to construct a trail, however; if there is a connection to the residential neighborhoods, a path will be provided. • Lighting — Mr. Hoover stated that the Allen Land Development Code regulates how the lights "bleed" into the residential neighborhood. The Code requires "No Direct Light' A Photometric Survey is required. PLANNING & ZONING COMMISSION NOVEMBER 7, 2006 PAGE 1 Commissioner Grimes • Does current zoning would allow for a 16 story hotel? Mr Hoover stated yes it would He also stated there is no definition for how tall infect a story is. • Clarification on the Proposed Uses. Batch Plant by SUP — Mr Hoover stated the Batcl Plat (non temp) should be removed. • Likes the Office Use as a buffer, but wants it moved outside the 300 -ft. buffer zone. • Nice looking development Commissioner Rushing • Likes the Office Use as a buffer. • Doesn't like location of hotel, but understands why it is there. • Can the hotel be moved across the street to Fairview? Mr Herring responded that there will also be a hotel on the Fairview side. The hotel client wants a fdl inter -change location • Good use of the land. Commissioner Cocking • Zoning clarification — the base zoning in the communications shows CC — the Development Regulations shows SC. Mr Hoover stated it doesn't matter — the PD sets the area regulations — SC is more liberal. CC 100 ft. front yard. SC 25 ft. front yard. • Has no problem with the zoning request. • Do we need to include the 300 -ft. buffer in a motion? Mr Hoover— "yes we do 300 ft. in back, request a 25 -ft setback in frau. • Clarification on O Office has a use by SUP? Mr Hoover stated that Of should be an allowable use. • What is the proposed height for the Office? 3 story? 2 story? 4 story? Mr Herring responded that they have talked to an Office developer They currently do not have a prototvpe for a 2 story development Commissioner Shaffer • Would like Developer to meet with residents on access and path before the General Development Plan. • Wants the 300 -ft. buffer on the General Development Plan. • Wants the hotel moved. • Are there any indications that the drought conditions will cause construction to be stopped? Mr Hoover stated that by January 2008, new sources will be available for water supply Motion: Upon a motion by Commissioner Cocking and a second by Commissioner Rushing, the Commission voted 5 IN FAVOR, and 0 OPPOSED, to recommend approval of SC Shopping Center as referenced in Exhibit C, change the maximum height to 12 stories — 160 feet, remove Concrete Batch Plant SUP from Permitted Uses, Change 0 Office from SUP to a Permitted PLANNING & ZONING COMMISSION PAGE 8 NOVEMBER 7, 2006 Use, and the existing 300 ft. buffer adjoining the residential on the east and south to be maintained. The motion carried. Agenda Item 5: General Development Plan — Consider a General Development Plan for The Woods at Watters Road, being 15.22± acres of land located at the northwest corner of Bethany Road and Watters Road. Mr. Battle presented the request. The applicant has worked with Staff to minimize the development's impact on the existing trees. Staff recommends approval on the condition that driveways and median locations meet Code requirements. Mr. Heller addressed the Commission. He stated the only change from the approved Concept Plan is the median opening. Commissioner Shaffer asked if all the buildings were going to be 1 story Mr. Heller responded that the PD allows for 2 story buildings; however the plan is for I story Covenants and restrictions will be placed on the development that more natural materials be used for construction (wood, stone). Commissioner Grimes slated the request as indicated signs on the plan. Mr. Hoover responded that the signs were not part of the request. Signs placed on site must be Code. Chris Flanagan addressed the Commission and explained the Code on driveways. 25% reduction is allowed, but not guaranteed. A variance was allowed on Bethany for the driveway because of the trees and creek. Mr. Hoover stated that the request does not include a variance of greater than 25%. The Commissioners had no further questions. Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Rushing, the Commission voted 5 IN FAVOR, and 0 OPPOSED, to approve Agenda Item 5 with the condition that the driveway and median locations will meet Code. The motion carried. Agenda Item 6: General Development Plan — Consider a General Development Plan for Walmart Supercenter, being 34.590± acres located at the northwest comer of US75 and Exchange Parkway Mr. Hoover presented the request. The Developer and Staff have worked together to try and save as many trees as possible. Because of the building square footage, required parking is very large. Staff did a break down of the uses inside the budding to calculate the parking This allowed for less parking — less pavement allows for more trees being protected. Mr. Hoover directed the Commission to the "jug handle" entrance. This entrance belongs to the City — not TxDot — the City's Traffic Engineer supports the design PLANNING & ZONING COMMISSION PAGE 9 NOVEMBER 7, 2006 Commission Grimes asked if the realignment of Curtis will cause a burden on the property owner to the north. Mr. Hoover responded that the property owner to the north has been involved from the beginning — The City has a letter indicating their support. Commissioner Cocking stated he had concerned with the jug handle entrance on the connector — the area already experiences traffic congestion. He would like to see a restriction in this location that there is no left turn into the development. Chris Flanigan stated that the geometry will dictate that turn. Chris stated he will discuss with the Traffic Engineer about an acceleration lane near the lug Handle. Commissioner Cocking asked if the creek is being relocated, are there plans for erosion protection? Mr. Hoover stated that erosion control had not been addressed at this time. Motion: Upon a motion by Commissioner Cocking and a second by Commissioner Rushing, the Commission voted 5 IN FAVOR, and 0 OPPOSED, to approve Agenda Item 6. The motion carried. Agenda Item 7: Consideration of a request for alternate materials to be used in construction of required screening wall for Angel Retail Addition, Lot 1B, Block 2 (Primrose School -East Allen). Mr. Battle presented the request. There is a 105 -ft. wide drainage ditch that separates the day care from the neighboring residential neighborhood. Staff feels that a masonry wall would only create a "canyon style" look. Should the request be approved, Staff will require the future bank to continue the same style fence. Commissioner Grimes stated he wants the fence to extend the entire length of the southern property line. Mr. Battle advised that a small gap must remain to allow for maintenance to the drainage ditch. Commissioner Cocking stated this could be arranged with a gate. Commissioner Grimes asked who will be responsible for the maintenance of the ditch. Mr. Battle stated the property owners association is responsible for the maintenance Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Rushing, the Commission voted 5 IN FAVOR, and 0 OPPOSED, to approve Agenda Item 7 with the requirement the fence is extended the full length of the southern property line, and provide a gate to the access easement. The motion carried. Upcoming Agenda Items: o General Development Plan o A zoning case o Preliminary Plats PLANNING & ZONING COMMISSION PAGE 10 NOVEMBER 7, 2006 Adjournment Motion: Upon a motion by Commissioner Shaffer and a second by Commissioner Rushing the Commission voted 5 IN FAVOR and 0 OPPOSED to adjourn ------------ 11mflanning and Zoning Commission meeting at 9:30 p.m. ,5r day of I Kellie Wilson, Planning Technician