Min - Planning and Zoning Commission - 2010 - 06/15 - Regular_ PLANNING AND ZONING
COMMISSION
Regular Meeting
June 15, 2010
CITY OF ALLEN
ATTENDANCE:
Commissioners Present:
Jeff Cocking
Douglas Dreggors
John Kelley
Shirley Mangmm
Steven Platt, Jr.
James Rushing
Robert Wendland
Commissioners Absent:
None
City Staff Present
Ogden "Be" Bass, AICP, Director of Planning & Development
Brian Bristow, Assistant Director of Parks and Recreation
Chris Flanigan, P.E., Assistant Director of Engineering
Bill Hawley, Fire Chief
Sid Hudson, Director of Information Technology
Jimmy Knipp, Assistant Director of Community Services
Kevin Laughlin, Attorney
Helen -Eve Liebman, AICP, Senior Planner
Bret McCullough, Building Official
Tiffany McLeod, Planner
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 in. in the City Hall Council Chambers at Allen City Hall, 305 Century Parkway
Director's Report
I. Director's Report is attached for action taken on the Planning & Zoning items by City Council at
the June 8, 2010 City Council meeting.
Consent Aeenda
2. Approve minutes of the June 1, 2010 regular meeting
The minutes were removed for consideration due to a correction. Agenda Item #4 was corrected to state
that Vice Chairman Rushing opened and closed the Public Hearing
Motion: Upon a motion by Commissioner Rushing, and a second by Commissioner Platt, the
Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the Consent Agenda
as corrected.
The motion carried.
Regular Agenda
Agenda Item #3: Replat/Public Hearing — Conduct a Public Hearing and consider a Replat of Allen
Station Business Park, Phase Il, Lots 1 and 2, Block 1, for Cabela's. The
property is 20 7277± acres in the City of Allen, Collin County, Texas; located at
the southwest comer of Cabela Drive and Allen Station Parkway (R-6/8/10-41)
[Cabela's]
Helen -Eve Liebman, Senior Planner, presented to the Commission. The property is located south of
Cabela Drive and west of Allen Station Parkway. The property to the east and south is zoned PD Planned
Development No 58 for LI Light Industrial, the property to the north is zoned PD Planned Development
No. 73 for SC Shopping Center, the property to the west is zoned PD Planned Development No. 45 for
LC Light Commercial and PD Planned Development No. 58 for SC Shopping Center
In December of 2005 a Final Plat for the property was approved for one lot. The property requires
replattmg in order to accommodate two lots for development. Lot 1, Block 1, the northern lot is for
Cabela's and Lot 2, Block 1 is for an undetermined user at this time.
The Replat has been reviewed by staff and meets the requirements of the Allen Lund Development Code.
Staff recommends approval of the request.
Chairman Wendland opened the Public Hearing.
With no one wishing to speak, Chairman Wendland closed the Public Hearing.
Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner Rushing,
the Commission voted 7 IN FAVOR, 0 OPPOSED to approve the Replat of Allen
Station Business Park, Phase H, Lots 1 and 2, Block 1, for Cabela's.
The motion carried.
Agenda Item #4: Public Hearing - Conduct a Public Hearing and consider a request to create PD
Planned Development No. 106 for CF Community Facilities for a public safety
radio tower The property is 5.974± acres situated in the James T Roberts
Survey, Abstract No 777, Stacy Road Pump Station, City of Allen, Collin
County, Texas, located east of Greenville Avenue and south of Stacy Road. (Z-
6/1/10-40) [Stacy Road Public Safety Radio Tower]
Ogden "Bo" Bass, Director of Planning and Development, presented to the Commission. The property is
currently zoned CF Community Facilities and currently accommodates three ground water storage tanks
with associated buildings and accessory uses. The property is located south of Stacy Road and east of
Greenville Avenue. The property to the east and south is zoned R-7 Residential. The property to the west
is zoned SC Shopping Center The property to the north across Stacy Road is the Town of Fairview
The City of Allen is required to provide a Public Safety Radio Tower to enhance emergency
communication in the northern area of the City Site investigations determined the Stacy Road Pump
Station location as the best suited location. The City is proposing to construct a 250' to -pole tower site to
support the microwave and radio equipment at 700 E. Stacy Road. The proposal is to locate the tower
south of the northwestern ground storage tank. The tower will be 250 feet in height and will include a
lightning rod with an overall permitted maximum height of 280 feet. The facility will he accompanied by
a 15' x 20' concrete shelter to house the radio equipment. The exterior of the site is being considered as
well. Decomposed granite is proposed to replace the grass area along Beau Way A Landscape Plan is a
part of the PD Planned Development to address the provision of improved landscape screening.
The Technical Review Committee TRC has reviewed the request for the required public safety radio
tower and it complies with the Allen Land Development Code ALDC.
Staff recommends approval of the request.
Chairman Wendland asked if the request is for the public safety tower only Mr. Bass answered yes.
Commissioner Kelley asked if other site options were considered Sid Hudson, Director of Information
Technology, answered the tower was originally planned to be located at the Rowles Water Tower.
However, the Rowlett Water Tower location would require placing an additional tower on another site.
Locating the tower at the Stacy Road Pump Station provides adequate coverage with just the one tower.
Chairman Wendland opened the Public Hearing.
With no one wishing to speak, Chairman Wendland closed the Public Hearing.
The following people submitted a written statement in opposition to the request
Kerrie Fitch, 1721 Shawnee Trail, Allen, Texas
Alice Mathew, 1719 Shawnee Trail, Allen, Texas
Charles and Tracey Matlock, 1717 Shawnee Trail, Allen, Texas
Commissioner Dreggors inquired about potential conflicts with the flight zone at Kitty Hawk.
Commissioner Rushing stated the tower should not be a problem.
Commissioner Cocking questioned whether sound shielding for the generator was considered. Mr. Bass
stated the generator was placed in a location that would minimize sound. In addition, the generator will
run on a limited basis.
Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner
Dreggors, the Commission voted 7 IN FAVOR, 0 OPPOSED to recommend
approval of the request to create PD Planned Development No. 106 for CF
Community Facilities for a public safety radio tower with the following provision:
• Leasing of the tower for commercial use is prohibited.
The motion carried.
Agenda Item #5: Public Hearing - Conduct a Public Hearing and consider a request to add 4.825±
acres from Tract 2, PD Planned Development No. 45 to PD Planned
Development No. 73 for SC Shopping Center, and to amend the Sign Plan,
Concept Plan and Development Regulations for PD Planned Development No.
73. The property is 181.341± acres located in the Village at Allen, Lots
1,2,3,4,5,6A,7A-1, 7B, 7C, 71), 7E, 7F, 7G, and 7H, Block A; and lots 1A, IB,
IC, 1D, and 2A, Block B; and 4.825± acres located in the F Wilmeth Survey,
Abstract No. 999, and the L. Pegue, Survey, Abstract No. 702; City of Allen,
Collin County, Texas; located south of Stacy Road and east of US75. (Z-
12/28/09-99) [Village at Allen]
Ogden "Bo" Bass, Director of Planning and Development, presented to the Commission. The property is
located south of Stacy Road, east of US 75, north and south of Allen Statin Parkway The property to
the east is zoned CC Corridor Commercial and R-5 Residential. The property to the south is zoned R7
and R5 Residential, PD Planned Development No. 103 for SC Shopping Center, and PD Planned
Development No 58 for LI Light Industrial.
The property is currently zoned PD Planned Development No. 73 for SC Shopping Center and PD
Planned Development No. 45 LC Light Commercial The applicant is requesting to remove 4.825± acres
from PD Planned Development No. 45 and add it to their development (The Village at Allen PD Planned
Development No. 73) for continuity in the development of the property.
Four amendments are being requested:
I The addition of temporary uses for special events.
2. Sign Plan amendment
3. Addition of Tracts 3 and 4 to PD.
4. Update of Concept Plan to include Tracts 2,3 and 4.
The PD Planned Development Regulations have been modified to accommodate temporary uses/special
events. In addition, the Sign Plan is being amended to address the additional tracts of land added to the
PD Planned Development and to provide signage for Tract 4 The Sign Plan includes a new sign type as
A3* Multi -Tenant Vertical Monument ID Sign and one (1) is proposed on Tract 3. The request also
includes an updated Concept Plan; illustrating anticipated future users for the property and identifying the
addition of Tracts 3 and 4.
Staff recommends approval of the request.
Chairman Wendland opened the Public Hearing.
With no one wishing to speak, Chairman Wendland closed the Public Hearing.
The following people submitted a written statement in favor of the request:
Joe Jernigan, 1300 Allen Station Parkway, Allen, Texas
The following people submitted a written statement in opposition to the request:
Joshua Taber, 406 St. Andrews Drive, Allen, Texas
Commissioner Dreggors inquired about the plans for Tract 3. Mr Bass stated the site will be landscaped.
It will not be used for development.
Commissioner Cocking asked if staff will look at temporary events from a noise perspective. Mr. Bass
answered the events will be reviewed through a permit process. They will be required to adhere to the
sound standards specified in the Allen Land Development Code.
Commissioner Rushing inquired about the future DART station and how it fits in the development. Garr
Herring, MG Hemng Group, developer, identified two possible locations being considered for the DART
station.
Mr Bass recommended adding a condition that the SUP for fueling stations is limited to Tract 4.
Motion: Upon a motion by Commissioner Kelley, and a second by Commissioner Rushing,
the Commission voted 7 IN FAVOR, 0 OPPOSED to recommend approval of the
request to add 4.825± acres from Tract 2, PD Planned Development No. 45 to PD
Planned Development No. 73 for SC Shopping Center, and to amend the Sign Plan,
Concept Plan and Development Regulations for PD Planned Development No. 73
with the following condition:
• The SUP for fuel sales is restricted to Tract 4 only.
The motion carried.
Agenda Item #6: Public Hearing - Conduct a Public Hearing and consider a request for an SUP
Specific Use Permit for a fueling station. The property is 4.83± acres situated in
the F Wdmeth Survey, Abstract No. 999, and the L. Pegues Survey, Abstract
No. 702, located south of Cabela Drive and east of US75. (SUP -12/28/09-97)
[Rudy's Fueling Station]
Ogden "Be" Bass, Director of Planning and Development, presented to the Commission. The property is
located south of Cabela Drive and east of US 75. The property to the north across Cabela Drive is zoned
PD Planned Development No. 73 for SC Shopping Center. The property to the east is zoned PD Planned
Development No. 103 for SC Shopping Center and the property to the south is zoned PD Planned
Development No. 58 for SC Shopping Center
The PD Planned Development for the property requires an SUP Specific Use Permit for a fueling station.
The applicant has submitted an SUP request that includes a combined restaurant and fueling station for
the property The proposed building is 7200 sq.ft. and the fueling operation is a small portion of the
establishment. Staff has reviewed the proposed use, site plan, and vehicular access for the property and
found it to be acceptable. The fuel track routing plan is shown on the Site Plan and is also acceptable to
staff.
Staff recommends approval of the request
Chairman Wendland opened the Public Hearing.
With no one wishing to speak, Chairman Wendland closed the Public Hearing.
The following people submitted a written statement in favor of the request:
Joe Jernigan, 1300 Allen Station Parkway, Allen, Texas
Commissioner Kelley asked if the developer would be able to add more pumps in the future. Mr Bass
answered if the developer decides to add more pumps they will be required to acquire another SUP
Commissioner Cocking inquired about the plans for the long peninsula between the building and the fuel
pumps. Mr. Bass stated the plans will be worked out during the Site Plan process.
Motion: Upon a motion by Commissioner Platt and a second by Commissioner Rushing, the
Commission voted 7 IN FAVOR, 0 OPPOSED to recommend approval of the
request for an SUP Specific Use Permit for a fueling station.
The motion carried.
Agenda Item #7: Preliminary Plat — Consider a Preliminary Plat for The Village at Allen, Lot 1,
Block C, & Lot 1 & 2, Block D, being 6.1201 acres located a the northeast comer
of US75 and Cabela Drive. (PP -12/28/09-101) [Rudy's Fueling Station]
Helen -Eve Liebman, Senior Planner, presented to the Commission. The property is located north and
south of Cabela Drive and east of US 75. The property to the north and east is zoned PD Planned
Development No. 73 for SC Shopping Center. The property to the south is currently zoned PD Planned
Development No. 45 for LC Light Commercial.
The Preliminary Plat is subdividing the land into three lots for future development. The Preliminary Plat
has been reviewed by the Technical Review Committee and meets the requirements of the Allen land
Development Code
Staff recommends approval of the request.
Motion: Upon a motion by Commissioner Mangrum, and a second by Commissioner Platt,
the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Preliminary
Plat for The Village at Allen, Lot 1, Block C, & Lot 1 & 2, Block D.
The motion carried.
Agenda Item #8: Public Hearing — Conduct a Public Hearing and consider a request to create PD
Planned Development No. 105 and to adopt development regulations for the
property The property is 197.74± acres of land situated in the David H. Nix
Survey, Abstract No. 668, the T.G. Kennedy Survey, Abstract No. 500, the James
Wilcox Survey, Abstract No. 1017, and the Michael See Survey, Abstract No.
543, City of Allen, Collin County, Texas; located north and south of Bethany
Drive and west of US75. (ZA/23/10-31) [Montgomery Farm]
Ogden "Bo" Bass, Director of Planning and Development, presented to the Commission. The property is
located north and south of Bethany Drive and west of US75. The property to the north is PD Planned
Development No. 26 for SF Single Family and PD Planned Development No. 76 for R5 Residential. The
property to the east is zoned PD Planned Development No. 76 for LR Local Retail and TH Town Home,
PD Planned Development No 74 for CF Community Facilities, R5 Residential and O Office. The
property to the west is zoned CF Community Facilities, PD Planned Development No. 31 for SF Single
Family and CF Community Facilities. The property to the south, across Rowlett Creek, is the City of
Plano.
The proposed zoning request does the following:
Provides for the creation of a Master Maintenance Organization (MMO) and ties all PDs together
under the Master Maintenance Organization (MMO) for the maintenance and improvement of the
overall common open space throughout Montgomery Farms. The proposed MMO will require
further City and Council review;
Recognizes the Montgomery Farm Pattern Book as a non-binding design standard guide.
Adopts a process for the application of Flexible Design Standards that will allow for individual
consideration of design standards that vary from the Allen Land Development Code (ALDC)
The Director of Planning and Development and the Director of Engineering will jointly consider
the benefits and appropriateness of a proposed design standard alternative and approve or deny
the alternative. The Flexible Design Standards provision would not require a PD Planned
Development amendment The Standards would not allow consideration of land use/zoning or
density increases. An appeal process is also established in the proposed PD Regulations that
would allow for Planning & Zoning Commission and City Council review of differing opinions
of staff and the developer.
The proposed zoning request does not alter or change any of the PD Planned Development Regulations or
Concept Plans for any of the previously approved PD Planned Developments. The current zoning and
densities are not modified in this zoning request.
Staff recommends approval of the request
Phillip Williams, Emerson Partners Inc., 1215 Old Bethany Drive, Allen, Texas, applicant, presented the
request to the Commission.
Chairman Wendland opened the Public Hearing.
The following people spoke in opposition to the request:
Lyle Addicks, 609 Byran Blvd, Allen, Texas
Peter Goggins, 1134 Nick Circle, Allen, Texas
Lee Huber, 1133 Nick Circle, Allen, Texas
Mike Shumsky, 1234 Monica Drive, Allen, Texas
John Martin, 506 Irvine Drive, Allen, Texas
Pete March, 1201 Sonoma Drive, Allen, Texas
Terry Nettleton, 1222 Monica Drive, Allen, Texas
The general concerns were.
1. Not fully understanding the MMO, its makeup, function and impact.
2. Design standards potentially circumventing due process by not requiring review by P&Z or the
general public.
3. Lack of communication to homeowners about the request.
The following people spoke neither in favor of or opposition to the request:
Dale Hamer, 1206 Monica Drive, Allen, Texas. He stated he is pleased with what's being done in the
` development.
With no one else wishing to speak, Chairman Wendland closed the Public Hearing.
Phillip Williams, Emerson Partners Inc., 1215 Old Bethany Drive, Allen, Texas, applicant, spoke to the
Commission He stated the request would only provide an option to create an MMO for the remaining
undeveloped property The citizens that spoke would not have property impacted by the MMO.
Commissioner Platt asked the applicant to clarify where the money would come from for the MMO. Mr.
Williams answered the money would come from the property owners within the MMO.
Commissioner Cocking questioned where the MMO would fall under legal doctrine, whether notification
rules for mortgages would apply, if naming the MMO a master HOA would be better and whether the
pattern book has already been used in previous Concept Plans. Kevin Laughlin, Attorney, stated the
MMO would be governed by state statute. The concept is to have a master HOA Presently, there is no
legal way for the MMO to have assessments against existing properties. The documents establishing the
MMO will be reviewed at a future date. Ogden `Bo" Bass, Director of Planning and Development, stated
the Allen [and Development Code requires the MMO documents to be reviewed by the City Attorney and
filed prior to final platting. Regarding the pattern book, Mr. Bass continued by saying the book has been
used for prior Concept Plans.
Commissioner Kelley asked if the governance of the MMO had been established. Mr. Laughlin answered
the documents have not been created or reviewed yet. The documents will be provided at the time of
home purchase. The potential buyer can determine at that time if they agree to the restrictions.
Motion: Upon a motion by Commissioner Cocking, and a second by Commissioner Dreggors
and Commissioner Kelley, the Commission voted 5 IN FAVOR, 1 OPPOSED (by
Chairman Wendland) and 1 ABSTENTION (by Commissioner Rushing) to
recommend denial of the request to create PD Planned Development No. 105 and to
adopt development regulations for the property.
The motion carried.
Items of Interest
None.
Adjournment
Motion: Upon a motion by Commissioner Kelley and a second by acclamation the meeting
adjourned at -9::3300-tp.m.
These note appro a this day of 2010.
Rob endland, Chairman Tif64M oil, Planner
L
ZI Director's Report from 6/8/10 City Council Meeting
There was one nem taken to the June 8, 2010 City Council meeting for consideration.
A Public Hearing was conducted and a request to create PD Planned Development No. 103 and adopt a
Concept Plan, for Cabela's, was approved.
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