Min - Planning and Zoning Commission - 2010 - 11/02 - RegularI ;�
CITY OF ALLEN
ATTENDANCE:
Commissioners Present:
Jeff Cocking
Douglas Dreggors
Kurt Kizer
Shirley Mangrum
Steven Platt, Jr.
Ben Trahan
Robert Wendland
Commissioners Absent:
None
PLANNING AND ZONING
COMMISSION
Regular Meeting
November 2, 2010
City Staff Present:
Ogden `Bo" Bass. AICP, Director of Planning and Development
JIM Lee Battle, AICP, Assistant Director of Planning and Development
Chris Flanigan, PE, Assistant Director of Engineering
Kevin Laughlin, Attorney
Helen -Eve Liebman, AICP, Senior Planner
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.m. 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 October 26, 2010 City Council meetings.
Election of Officers
2. Elect Chair, Vice Chair and Second Vice Chair.
Chairman Wendland opened the nominations for the Chair position Commissioner Dreggors nominated
Robert Wendland as Chair Commissioner Platt and Commissioner Trahan both seconded the
nomination Chairman Wendland closed the nominations for the Chair position.
Motion: Upon a nomination by Commissioner Dreggors, and a second by Commissioners
Platt and Trahan, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to elect
I Robert Wendland as Chair.
The motion carried.
1 Chairman Wendland opened the nominations for the Vice Chair position. Commissioner Mangrum
nominated Jeff Cocking as Vice Chair. Commissioner Platt seconded the nomination. Chairman
Wendland closed the nominations for the Vice Chair position.
Motion: Upon a nomination by Commissioner Mangrum, and a second by Commissioner
Platt, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to elect Jeff Cocking
as Vice Chair.
The motion carried.
Chairman Wendland opened the nominations for the Second Vice Chair position. Commissioner
Mangrum nominated Douglas Dreggors as Second Vice Chair. Commissioner Platt seconded the
nomination. Chairman Wendland closed the nominations for the Second Vice Chair position.
Motion: Upon a nomination by Commissioner Mangrum, and a second by Commissioner
Platt, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to elect Douglas
Dreggors as Second Vice Chair.
The motion carried.
Consent Aeenda
3. Approve minutes of the October 26, 2010 regular meeting
Motion: Upon a motion by Commissioner Dreggors, and a second by Commissioner Platt,
the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the Consent
Agenda.
The motion carried.
Regular Aeenda
Agenda Item tt4: Public Hearing — Conduct a Public Hearing and consider a request for a Specific
Use Permit SUP for an Assisted Living Facility on property currently zoned
Planned Development PD No. 3 for Multifamily MF -12 uses. The property is
7.30± acres situated in the William Perrin Survey, Abstract No. 708; located
north of Prestige Circle and west of Greenville Avenue. (SUP 8/20/10-65) [Allen
Assisted Living]
Helen -Eve Liebman, Senior Planner, spoke to the Commission. The property is currently zoned PD
Planned Development No. 3 for MF -12 Multifamily uses and the Allen Land Development Code requires
a Specific Use Permit SUP for Assisted Living Facilities in this district. In August 2009 a Specific Use
Permit SUP for an assisted living facility was approved. That SUP has since expired.
The Site Plan submitted with the SUP Specific Use Permit request illustrates a proposed one story facility
of 86 units. The Site Plan complies with the 50 foot side yard setback requirements adjacent to single
family residential and other development requirements outlined in the Allen Land Development Code
have been satisfied. A Photometric Plan has been reviewed and accepted for compliance with the City of
Allen standards on lighting.
The building elevations meet the City of Allen masonry requirements and staff believes the assisted living
facility is a welcome transition between the uses in Prestige Circle and the residential neighborhoods.
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 support of the request
First Presbyterian Church of Allen, 605 S. Greenville Avenue. Allen, Texas
Commissioner Dreggors had the following questions:
•
The plan shows six handicap spaces. Is this adequate for an assisted living facility?
Ms. Liebman stated the six spaces meet the parking standards for this facility Joe Washko, 3801
Laury Way, Plano, Texas, applicant, spoke to the Commission He stated they initially had three
and it was doubled to six for this SUP request. Mike Lively, 3828 Wyaff Drive, Plano, Texas,
spoke to the Commission He stated that the number of parking spaces is sufficient for a facility
of this size.
•
Will the area to the extreme west be fenced9 Ms. Liebman answered that the area will be fenced
with an 8 foot masonry wall when that property develops.
•
A wall made out of brick is shown on the plan. Are there plans to substitute this material or build
•
as indicated? Ms. Liebman answered the wall will be butt as indicated.
What is the purpose of the generator? Mr. Lively stated the generator is for emergency power.
•
Will the generator exceed a 63 decibel level? Ms. Liebman referred to the noise standard in the
Allen Land Development Code. She stated the operation of the generator will have to comply
with this standard.
•
Will there be resident doctors on site? Mr. Washko stated the care level at an assisted living
facility is less than for a nursing home. There will not be a doctor on site.
•
Where will the maintenance and staff workers park? Mr. Washko stated the employees will park
at the southern end of the building.
•
Where will views to the outside be located in case of inclement weather? Two large courtyards
are located in the center of the building.
•
Will rehabilitation services be provided? Mr. Washko answered yes.
Commissioner Platt asked if this is an affordable housing development. Mr. Washko stated the facility is
for private pay patients.
Commissioner Trahan asked if the 0.0 footcandles, along the northern and southern ends, is sufficient for
safety at night. Ms. Liebman answered that the requirement only focuses on light pollution at the
property line. The property owner will decide how to light the property.
Motion: Upon a motion by Commissioner Cocking and a second by Commissioner Trahan,
the Commission voted 7 IN FAVOR, and 0 OPPOSED, to recommend approval of
the Specific Use Permit SUP for an Assisted Living Facility.
1 The motion carried.
Agenda Item #5: Public Hearing — Conduct a Public Hearing and consider amendments to the
Allen Land Development Code, as amended, relating to Section 4.06 Changes
and Amendments; Section 4.08 District Purpose and Supplemental Regulations,
inclusive of Section 4.08.1 through 4.08.16, Section 4.20.2 Schedule of Permitted
Uses, Section 4.20.3 Schedule Of Accessory Uses, Section 6.01.3 Approval
Process for Specific Use Permits, Section 6 02.1 Purpose of Conditional Specific
Use Permits, Section 6.03 Private Clubs and Restaurant/Private Clubs, Section
6.05.4 Site Plan Review Standards, new Section 6.06 Supplemental Use
Regulations inclusive of new Sections 6.06.1 through 6.06.10 regarding
supplemental use and development regulations for specific uses, Section 7.04
Vehicle Parking, Section 7.05.1 Standard Planting Materials, Section 7.07 Fences
and Walls, Section 7.08 Performance Standards (related to noise standards),
Section 7.09.5 General Regulations Governing Signs"; Section 7.09.8.2 Special
Events and Grand Opening Signs, Section 809 Wastewater Utility Standards;
and Appendix A, Definitions. (Z-6/14/10-44)
Lee Battle, Assistant Director of Planning and Development spoke to the Commission. The Allen Land
Development Code is periodically amended to improve the effectiveness and efficiency of the code,
address changing development trends and new technologies, and make changes necessary for compliance
with state and federal laws. Historically staff has presented a compiled set of amendments to the Planning
Commission and Council approximately once a year.
Staff recommends approval
The following questions were raised for each section.
Section 4 06 Changes and Amendments
• Commissioner Cocking asked if a "working day" should be defined. Mr. Battle stated the intent
is for a working day to be defined as a day when the City is open
• Chairman Wendland recommended changing a sentence in Section I.A.a to read, "a favorable
vote of three-fourths of all of the members of the entire council shall be required to approve a
change in zoning when a written protest is received and filed with the city secretary in
accordance with Section 211.006 of the Texas Local Government Code."
• Chairman Wendland recommended changing a sentence in Section I.B.I l.b. Lb to read, "The
printed or tvpewritten name of all persons signing the protest as a protesting parry."
Section 4.08 District Purpose and Supplemental Regulations
• In reference to Section 4.08.16.2.b, Chairman Wendland clarified that in addition to the screening
standards outdoor storage must have some form of landscaping.
Section 4.20.2 Schedule of Permitted Uses
• Commissioner Cocking stated that the service contractors definition is vague. Recommend
creating a definition. Mr. Battle stated the intent is to capture uses that are more intense.
• Chairman Wendland asked staff to explain the thought process on the service contractor use not
being allowed in the Industrial Technology IT zoning district. Mr. Battle answered the area
where the IT district exists is primarily in one area of the city This use does not fit the vision for
that area.
ESection 6.01 Specific Use Permit Requirements
• Chairman Wendland recommended changing a sentence in Section 6.01.4.1 to read, "Unless
otherwise set forth in the ordinance, the applicant, owner or grantee must comply with the
special conditions before a certificate of occupancy may be issued for the use described in the
specific use permit."
Section 6.03 Private Clubs
• Commissioner Cocking asked if the City currently has a lot of SUPS for private clubs. Mr. Battle
answered there are not very many
• Commissioner Cocking asked if there should be some kind of noticing when an SUP is up for
renewal. The goal is to try to prevent the process from being cumbersome. The City will be
notified if an operation has issues.
• Commissioner Cocking identified a correction that needs to be made to a sentence in Section
6.03.4 1. The written percentage value is sixty percent. The numerical value given is 75%.
• Commissioner Kizer asked how subjective the 2 year compliance review is. Mr. Battle stated the
purpose of the review is to make sure the establishment is complying with code and the
requirements established when the SUP was approved.
Section 6.06 Supplemental Use Regulations
• Commissioner Cocking inquired about the reason for prohibiting outdoor vending/storage
facilities. Mr. Battle stated there are aesthetic and safety concerns associated with unattended
outdoor vending machines. Anything existing today would be nonconforming
• Chairman Wendland stated a concern that the vehicle storage standard is over inclusive. Mr.
Battle stated the intent of the standard is not to target vehicles being used during daytime
operations. This is a standard that will be implemented at the time the site is developed for uses
that have vehicular storage as part of their operation.
•
Chairman Wendland inquired about the strict enforcement of vehicular signage regulations. Mr.
Battle stated the intent is to target vehicles that are being used specifically for signage.
• Commissioner Cocking asked if there may be another process, lighter than SUP level, to review
outdoor display Mr. Battle stated the ways in which we regulate are "permitted", "pemiitted
with conditions" or through a discretionary approval process. This is what we are limited to.
• Commissioner Mangrum asked if the City has been approached to install plug ins for electrical
cars. Mr. Battle answered he does not believe the City has been approached.
• Commissioner Cocking asked if the maximum height requirement for wind energy systems
supersede the maximum height requirement per zoning. Mr. Battle answered yes.
• Chairman Wendland asked why the standard is limiting sites to a minimum of 1.5 acres. Mr.
Battle stated that from the research this is a good place to start.
Section 7.09.5 General Regulations GoverningSigns
• Chairman Wendland asked how we consider the property address requirement when dealing with
multi -tenant buildings applying for banners. Mr. Battle stated the intent is to let all businesses
have the same opportunity Kevin Laughlin, attorney, added that staff could also identify suite
numbers as part of the address instead of the single address.
Chairman Wendland opened the Public Hearing.
With no one wishing to speak Chairman Wendland closed the Public Hearing.
A
Motion: Upon a motion by Commissioner Cocking and a second by Commissioner
Mangrum, the Commission voted 7 IN FAVOR, and 0 OPPOSED, to approve the
proposed ALDC amendments with the following changes:
1. Change wording under Section 4.06.I.A.a to "written protest'.
2. Change wording under Section 4.06.1.B.11.b.1.b to `The printed or typewritten
name of all persons signing the protest as a protesting party."
3. Define "working day" or change the wording to "business day" in Section
4.06.1.B.Il.d.1.
4. Change wording under Section 6.01.4.1 to "the applicant, owner or grantee must
comply with the special conditions before a certificate of occupancy may be
issued for the use described in the specific use permit."
5. Correct Section 6.03.4.1 so that the wording matches the percentage indicated.
The motion carried.
Items of Interest
None.
Adjournment
Motion: Upon a motion by Commissioner Dreggors and a second by acclamation the meeting
'ourned at 8:45 p.m.
hese mint s approve this day of JYL2010.
ert en and, Chairman Tilc end, Planner
Director's Report from 10/26/10 City Council Meeting
There were no items taken to the October 26, 2010 City Council meeting for consideration.
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