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Min - Planning and Zoning Commission - 2007 - 10/02 - Regular1 ;_ CITY OF ALLEN ATTENDANCE: Commissioners Present: Robert Wendland James Rushing Alan Grimes Jeff Cocking Douglas Dreggors Marcelle Jones Shirley Mangrum Commissioners Absent: PLANNING AND ZONING COMMISSION Regular Meeting October 2, 2007 City Staff Present: David A. Hoover, Director of Planning and Development Mari Bailey, Senior Planner Erin Jones, Planner Chris Flanigan, Civil Engineer Call to Order and Announce a Quorum is Present: With a quorum of the Commissioners present, Chair Wendland called the meeting to order at 7:00 p.m. in the City Hall Council Chambers at Allen City Hall, 305 Century Parkway Elect Officers Chair Wendland opened the nominations. Upon a nomination by Commissioner Rushing and a second by Commissioner Dreggors, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve Rob Wendland as Chair of the Planning and Zoning Commission. Upon a nomination by Commissioner Dreggors and a second by Commissioner Grimes, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve James Rushing as Vice Chair of the Planning and Zoning Commission. Upon a nomination by Commissioner Rushing and a second by Commissioner Jones, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve Alan Grimes as Second Vice Chair of the Planning and Zoning Commission. PLANNING & ZONING COMMISSION October 2, 2007 PAGE Commissioner Dreggors thanked the City Council for his re -appointment. Chair Wendland introduced new commissioner Shirley Mangrum and welcomed her. Consent Agenda Agenda Item 2: Approve the minutes from the September 18, 2007 meeting. Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Rushing, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda. The motion carried. Regular Agenda Agenda Item 3: Public Hearing/Replat — Conduct a Public Hearing and consider a Replat for Bray Central One Addition, Lot 6, Block F; being 6.907± acres and being a Replat of Part of Lot IR -1, Block F, Bray Central One, located west of US75, south of Allen Drive. Commissioner Cocking requested that this item be removed from the consent agenda per state law Ms. Bailey presented the case. She stated that all engineering issues had been addressed and staff recommends approval. Chair Wendland opened the Public Hearing. Brain Jaffe, 8350 N. Central Expressway, stated that he is the developer representative and is here to answer any questions. Commissioner Rushing asked where the detention ponds will be located. Jaffe stated that they are building three ponds in a centralized location to serve the needs of future development Commissioner Rushing stated that he is concerned that this will tum into a weed infested pit. Jaffe explained that this will be amenity with landscaping and a walking trail. David Hoover, Director of Planning stated that the pond Commissioner Rushing was referring to is a temporary pond that will be going away and that the ALDC now required detention ponds to be amenities. Commissioner Grimes asked if this pond would be privately owned. Mr. Hoover stated that yes it would be owned by the developer. With no one else wishing to speak Chair Wendland closed the public hearing. Motion: Upon a motion by Commissioner Grimes and a second by Commissioner Rushing, the Commission voted 71N FAVOR, and 0 OPPOSED, to approve Agenda item 3. PLANNING & ZONING COMMISSION PAGE 3 October 2, 2007 Agenda Item 4: Public Hearing — Conduct a Public Hearing and consider a request to amend the Development Regulations related to Area Regulations, Permitted Uses, Parking Requirements, Lighting, Sign Regulations, Fences and Walls, and the Concept Plan for the Village at Allen. The property is 181.341± acres situated in the Henry Wetsel Survey, Abstract No. 1026 and the F.C. Wilmeth Survey, Abstract No. 999, City of Allen, Collin County, Texas; located at the southeast corner of US75 and Stacy Road. Mr. Hoover presented the case. He explained the history of the Village at Allen and that since the addition of the Event Center the concept plan has shifted and caused some changes in the development regulations. Allen Station Parkway has been realigned, setbacks have been adjusted, and signage requirements have been updated. He stated that they will be asking City Council to approve the construction of the screening wall prior to the final plat stage. He stated that representatives from the MG Herring group are present to answer any questions. Chair Wendland asked Mr. Hoover to address Allen Station Parkway and the 300 ft. buffer zone. Mr. Hoover stated that Allen Station Parkway will be a 4 lane road that will connect to Exchange Parkway Mr. Hoover stated that in the original zoning the 300 ft. buffer zone was not a setback and was always allowed to have certain uses in it. This has not changed. The uses that are not permitted in the buffer zoned have not been included in the new proposal. Commissioner Dreggors asked Mr. Hoover to explain the screening wall. Mr. Hoover stated that an 8' masonry screening wall will be constructed. The plan is to save as many trees as possible and still provide access to utilities via rod iron gates in the wall. He stated that talks are still taking place between the neighbors and the City and Herring to make the wall more inline with what the neighborhood wants. Commissioner Dreggors asked if a tram was still in the works. Mr. Hoover said yes the Herrings consider the Village at Allen and the Village at Fairview one development and the tram insures people can get from one to another. Chair Wendland opened the public hearing. Chair Wendland stated that comments should be held to three minutes however he would allow the Reid Farm HOA president to speak longer as he was summarizing the concerns of the neighborhood. Summary of Comments • Concerned about how the event center will effect property values • The south parking garage will be what they have to look at out of their backyards • Noise and light pollution concerns effecting sleep, health, etc. • Concerned about traffic flow patterns along Allen Station Parkway especially late at night after events let out. • Would like to see all structures stay out of the 300 ft. buffer area. PLANNING & ZONING COMMISSION PAGE 4 October 2, 2007 • Would like to see the event center moved closer to US 75 or to a more industrial area such as SH 121. • Want to see large mature trees used as a buffer along with 10' screening wall instead of 8' • Concerned about detention ponds creating problems in the flood plain. • Concerned with loading docks being used late into the night creating noise and light. • Who will maintain grass behind the masonry wall? • People were lead to believe this would be retail and office not an event center when they bought homes in this neighborhood • Issues with height of building making it easy for people to over look into neighbors backyards. • Will there be noise and light pollution enforcement? Doug Galletti 439 Deer Brooke Hugh Bickford 1613 Wood Creek Ln. Joel Lunde 1609 Wood Creek Ln Linda Clark 1629 Wood Creek Ln Mark Roberts 1627 Wood Creek Ln. Randy Wheeland 1615 Wood Creek Ln. Jim Campbell 408 Shady Valley Dr. David Linacre 404 Fox Trail Malti Patel 1607 Wood Creek Ln. Janice Barton 1639 Wood Creek Ln. Mitch Hefter 407 Deer Brooke Dr. Joel Lunde 1609 Wood Creek Ln Linda Clark 1629 Wood Creek Ln Mark Roberts 1627 Wood Creek Ln. Randy Wheeland 1615 Wood Creek Ln. Jim Campbell 408 Shady Valley Dr. David Linacre 404 Fox Trail Malti Patel 1607 Wood Creek Ln. PLANNING & ZONING COMMISSION October 2, 2007 PAGES Chair Wendland closed the public hearing. Barry Knight with Village at Allen LLP was present to represent the owners. He stated that Herring has worked closely with the city and the HOA throughout this process and he sticks by the agreement made with the HOA regarding the screening wall. He stated that that Herring has accommodated the cities request to put the event center in the middle of their development and that specific regarding it will have to be addressed by city staff. Commissioner Rushing expressed concern that he feels like the 300 ft. Buffer Zone has totally disappeared. Mr. Knight stated that is was his understanding that the buffer was never a setback and certain uses have always been permitted to go within that area. Mr. Hoover reiterated that point. Mr. Hoover stated that the 8' masonry screening wall is not a reduction in size it is the standard requirement. Mr. Hoover stated that the traffic flow and parking generated by the event center will not be more than what will be generated by retail shopping. The only time the center may hold up to 9000 people is if it is used for graduations. Mr. Hoover stated that the concept plan can not be rearranged due to the fact the Herring project was already in full swing when the event center came into existence. They have already established some leases and businesses can not be moved. He also stated the concept plan will have to come back to P&Z if anything significant changes. Chris Flanigan, Civil Engineer stated that the detention ponds will not impact the flood plain and explained the way drainage works. He stated that building a screening wall on top of a berm will negatively impact drainage on the Reid Farm side. Mr. Hoover stated that noise, light, and the parking garages have been discussed and will be addressed but it will have to be further along in the process after parking agreements, etc are set up. Noise and light enforcement are in place through the ALDC. Commissioner Cocking stated that signage information in the regulations was not accurate with the graph shown. Mr. Hoover stated that the discrepancy would be corrected. Commissioner Cocking asked which concept plan is the most updated the color one or the black and white one. Mr. Hoover conferred with Herring representatives and stated to use the colored one and disregard the black and white one (it was a duplicate). Ms. Jones asked what permitted uses have been added. Mr. Hoover stated the event center is the only change to the permitted uses. Ms. Jones asked if parking garages were allowed back in 2006 when this was first zoned for Village at Allen. Mr. Hoover stated yes. Ms. Jones asked if the roadway has to be improved who would incur the costs. Mr. Hoover stated it would be the developers, however they do not anticipate the road being shifted. PLANNING & ZONING COMMISSION October 2, 2007 PAGE Ms. Jones asked when the city made the decision on the Event Center, Mr. Hoover stated that discussions had been taking place since January 2007 and it was formally announced at a June City Council Meeting. Chair Wendland did clarify that the event center conversations were not a secret negotiation, but that by law cities are allowed to hold closed sessions pertaining to things like this to prevent competition from effect the project. Mr. Hoover stated the city will own the center and the parking garages. Commissioner Dreggors asked if the event center people will back out building it if they are asked to move it. Mr. Hoover stated that as previously discussed the center can not be rearranged due to Herring already signing leases for businesses in their development. Commissioner Cocking asked what the schedule was for the replat. Mr. Hoover stated it had already been approved by the commission so at this point the next step was to approve the final plat. Commissioner Cocking expressed concern that the Commission will not have another opportunity to see site plan issue other than the concept plan. Mr. Hoover stated that since this is a city project the City Council will see those details and will make decisions regarding them. Chair Wendland stated that while the commission does not review site plans they can make �! recommendations to the City Council. ® Mr. Bickford spoke up from the audience and Chair Wendland told him that the public hearing had been closed but tried to address his questions. He asked if the land south of Allen Station Parkway could be rearranged and the event center placed there. Mr. Hoover stated that the same problems existed with the Herring group already working through leases. Commissioner Grimes stated that he did not have a problem with this proposal as long as there is adequate screening and proper abatement for noise and light. Commissioner Rushing stated he would not support this item because he felt he was being forced because he was being told there were no alternative and no way to move the event center. Commissioner Jones stated she will not support this item because it was promoting excessive traffic and would like to see alternatives. Commissioner Cocking applauded homeowners for comments and willingness to work with the developers and city He stated he will support the item as long as noise, light and screening issues are addressed as well as police enforcement present as traffic releases from the event center to make for a speedy exit. Commissioner Mangrum stated she will support this item and is confident City Council will make sure the noise and light are taken into consideration. PLANNING & ZONING COMMISSION October2,2007 PAGE Commissioner Dreggors stated he has always been concerned about the hotel and this is too much noise and light and he will not support this new proposal. Chair Wendland stated he is supportive of the plan and does not have problems with the new additions. Commissioner Jones asked what the difference is in a masonry screening wall and a sound wall. Chris Flanigan, Civil Engineer stated that sound walls we much thicker like something you would find next to a highway and that it has been found that screening walls are not adequate for blocking sound. Commissioner Jones stated she still will not support this item. Motion: Upon a motion by Commissioner Cocking and a second by Commissioner Mangrum, the Commission voted 4 IN FAVOR, and 3 OPPOSED, to approve Agenda Item 4 with the following conditions, noise and light abatement issues be resolved including but not limited to adding additional landscaping, and screening requirements, noting that the developer assumes all risk of beginning development prior to final plat and that the sign portion of the development regulation be adjusted to eliminate mistakes. The motion carried. Other Business Mr. Hoover stated that the commission will be attending yearly training in the next few weeks and he would send out an e-mail to confirm later in the week. Adjournment Motion: Upon a motion by Commissioner Dreggors and a second by Commissioner Rushing. The Commission voted 7 IN FAVOR and 0 OPPOSED to adjourn re Planning and Zoning Commission meeting at 9:30 p.m. Thhse r:qin;,prov;d this /6 day of OGU6W 2007 &� ?�'' Erin Jones, Pl er