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Min - Planning and Zoning Commission - 2011 - 11/15 - RegularPLANNING AND ZONING COMMISSION Regular Meeting November 15, 2011 CITY OF ALLEN ATTENDANCE: Commissioners Present: Robert Wendland, Chairman Jeff Cocking, 1" Vice Chair Shirley Mangrum, 2"a Vice Chair Kurt Kizer Steven Platt, Jr Ben Trahan Absent: John Ogrizovich City Staff Present: �1 Lee Battle, AICP, Assistant Director of Communitv Development ® Tiffany McLeod, Senior Planner Patrick Blaydes, Planner Chris Flanigan, PE, Assistant Director of Engineering Whitt Wyatt, Attorney 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 Commission items by City Council at the November 8, 2011 regular meeting. Consent Aeenda 2 Approve minutes of the November 1, 2011 regular meeting 3. Final Plat — Consider a Final Plat for Waterford Parks Phase 8, being 21 7571 acres located west of Bray Central Drive and south of Blanco Drive. (FP -10/10/11-166) [Waterford Parks Phase 8] 4. Final Plat — Consider a Final Plat for Cumberland Crossing Phase 11, being 19.0651 acres located southwest of "Fwin Creeks Drive and Ridgeview Drive. (FP -2/14/11-107) [Cumberland Crossing Phase ll] 5 Final Plat — Consider a Final Plat for Fellowship Christian Center Church Addition, Lot I and Lot 2, Block A, being 13.201 acres located northeast of Lake Travis Drive and Malone Road. (PP - 5/23/11 -126) [Fellowship Christian Center Church] Agenda Item 42 was removed from the Consent Agenda for separate consideration Motion: Upon a motion by 1" Vice Chair Cocking, and a second by Commissioner Trahan, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve Agenda Items 3, 4, and 5 on the Consent Agenda. The motion carried. Motion: Upon a motion by Commissioner Platt, and a second by Commissioner Kizer, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve Agenda Item # 2 on Consent Agenda by adding the correction "was approved" to the third page, third paragraph of the November 1, 2011 minutes. The motion carried. Regular Aaenda Agenda Item #6 Preliminary Plat — Consider a Preliminary Plat for Cumberland Crossing Phase 111, being 11.925± acres located southwest of Twin Creeks Drive and Ridgeview Drive. (PP -7/13/11-134) [Cumberland Crossing Phase 111] Patrick Blaydes presented to the Commission. The property is located south of Ridgeview Drive and west of Twin Creeks Drive. This property is zoned Planned Development PD No. 98 Single Family Residential R-5. The property to the north is zoned Planned Development PD No. 98 Corridor Commercial The property to the east is zoned Planned Development PD No. 67 Townhome TH and Planned Development PD No. 67 Single Family Residential R-7 The property to the south is zoned Planned Development PD No. 98 Single Family Residential R-5. The property to the west is zoned Single Family Residential R-5 The subject Preliminary Plat shows a total of 45 front entry lots. Approximately 1.36 acres of open space are provided. There are two access points shown; from Twin Creeks Drive and Willingham Drive rhe plat also shows various wall maintenance, utility, and landscape easements required for the development of this phase. The Preliminary Plat has been reviewed by the Technical Review Committee and meets the requirements of the.91/en Land Development Code. Staff recommended approval of the request Motion: Upon a motion by 2nd Vice Chair Mangrum, and a second by Commissioner Platt, the Commission voted 6 1N FAVOR, and 0 OPPOSED, to approve the Preliminary Plat for Cumberland Crossing Phase HL The motion carried. ® Agenda Item #7 Tabled item/Zoning — Consider a request to amend the zoning on property zoned Planned Development PD No. 78 for Corridor Commercial CC to allow outdoor food and retail kiosks. The property is Lot IR, Block 1, Allen Premium Outlets, located at 820 W Stacv Road. (Z-8/8/11-152) [Allen Premium Outlets) Tiffany McLeod, Senior Planner, presented to the Commission. The property is located at the northwest corner of US75 and Stacy Road. The property to the north is zoned Planned Development PD No. 102 for Corridor Commercial CC and Corridor Commercial CC The property to the west is zoned Planned Development PD No. 92 for Shopping Center SC The property to the south is zoned Planned Development No. 78 for Corridor Commercial CC. The Town of Fairview is located to the east. The purpose of this amendment is to incorporate outdoor food and retail kiosks as a permitted use in the existing PD On November I, 2011 this case went before the Commission At that time the applicant proposed to locate a maximum of four (4) food and/or retail kiosks at the northwest comer of the site (in front of the food court) and a maximum of two (2) food and/or retail kiosks at the northeast corner of the site; totaling a maximum of six (6) kiosks The request was tabled at the November 1, 2011 P&Z meeting to allow the applicant time to submit more detailed exhibits for the Commission to review Since this meeting the applicant has submitted a revised request to locate a maximum of four (4) retail kiosks at the northwest corner of the site and a maximum of two (2) food kiosks at the northeast comer of the site Per the request of the Commission, scaled drawings have also been provided by the applicant which represent the size of the kiosks and pedestrian circulation on site The proposed retail kiosk is approximately 5ft x 5ft and stands 9 feet tall The building material for the kiosk is coated plywood with a stone countertop. The kiosk has wheels underneath for mobility The proposed food kiosk is approximately, 411 x 6 5 ft and stands 4 5 feet tall. The food kiosk is made of stainless steel with an attached metal propane tank and wheels for mobility Two sides of the kiosk are designed with counter space for condiments and toppings Staff supports the food kiosks However, staff does not support the retail kiosks due to concerns with visual clutter and impacts on pedestrian flow in front of the food court Long term maintenance of the retail kiosks was an additional concern Chairman Wendland stated that the Public Hearing will not be opened at this meeting because there were no members from the public coming forward at the previous meeting. Chairman Wern land asked for questions from the Commission. Theresa Barringer, Regional Vice President of Allen Premium Outlets, applicant, came forward to answer the Commission's questions. 2"d Vice Chair Mangrum inquired about how the retail items would be secured at night Ms. Barringer clarified that the retail kiosk has a roll down gate that locks Commissioner Platt asked the applicant why the northeast comer was not considered for the retail kiosks due to fewer tables and seating, as opposed to the northwest corner. Ms. Barringer explained that the retail kiosk would get more exposure by the food court. She also stated she would be comfortable only having two retail kiosks in the northwest corner. 1" Vice Chair Cocking asked for clarification regarding the scaled drawings that were provided by the applicant He inquired about the additional roof dimension not being shown on the graphic. He stated his concern of four kiosks impeding the footpath. Ms. Barringer reiterated that the roof dimension would not be impeding traffic Flow because of the height of the roo0ine. I" Vice Chair Cocking asked an additional question about the applicant's change of request. Ms. McLeod explained that previously, the applicant had asked for four food and/or retail kiosks in the northwest corner and two food/and or retail kiosks in the northeast corner of the site. She continued by stating that the new request was to have a maximum of four retail kiosks in the northwest comer and two food kiosks in the northeast corner of the site. Commissioner Kizer stated that he had no problem with this request because this is a mall and it happens to be outdoors. Malls are always crowded and this request would not affect neighbors adjacent to the site. Since the kiosks are located inside of the site, he has no problem with the applicant's request. Motion: Upon a motion by 2"d Vice Chair Mangrum, and a second by Commissioner Trahan, the Commission voted 5 IN FAVOR, and 1 OPPOSED (by Commissioner Kizer), to allow a maximum of two retail kiosks on the northwest corner and two food kiosks on the northeast corner Agenda Item #8 Public Hearing— Conduct a Public Hearing and consider a request for a Specific Use Permit SUP for a Martial Arts Studio for Siam Star Many Thai & Mixed Martial Arts. The property is a portion of Lot 3, Block A, McDermott Towne Crossing, and more commonly known as 1314 W McDermott Drive, Suite # 130, Allen, Texas. (SUP 1 I/l/11-177) [Siam Star Muay Thai & Mixed Martial Arts] Tiffany McLeod, Senior Planner, presented to the Commission. The property is located northwest of McDermott Drive and Alma Drive. The property to the north is zoned Planned Development PD No. 52 Single Family Residential The property to the east (across Alma Drive) is zoned Planned Development PD No. 54 Shopping Center SC. The property to the south (across McDermott Drive) is zoned Planned Development PD No. 26 Garden Office GO and Community Facilities CF The property to the west is zoned Planned Development PD No 52 Multi -Family Residential MF The applicant (Siam Star Muay Thai and Mixed Martial Arts) is requesting to lease a space within property zoned Planned Development PD No. 52 Shopping Center SC. The proposed use is a martial arts studio: which is categorized under the Gymnastics/Dance Studio use. In January 2010 the Allen Land Development Code was amended to require a Specific Use Permit (SUP) for this particular use in the Shopping Center SC district. There are no proposed changes to the site exterior. Staff recommended approval. Chairman Wendland opened the Public Hearing With no one wishing to speak, Chairman Wendland closed the Public Hearing of the Allen Premium Outlets. The motion carried. Agenda Item #8 Public Hearing— Conduct a Public Hearing and consider a request for a Specific Use Permit SUP for a Martial Arts Studio for Siam Star Many Thai & Mixed Martial Arts. The property is a portion of Lot 3, Block A, McDermott Towne Crossing, and more commonly known as 1314 W McDermott Drive, Suite # 130, Allen, Texas. (SUP 1 I/l/11-177) [Siam Star Muay Thai & Mixed Martial Arts] Tiffany McLeod, Senior Planner, presented to the Commission. The property is located northwest of McDermott Drive and Alma Drive. The property to the north is zoned Planned Development PD No. 52 Single Family Residential The property to the east (across Alma Drive) is zoned Planned Development PD No. 54 Shopping Center SC. The property to the south (across McDermott Drive) is zoned Planned Development PD No. 26 Garden Office GO and Community Facilities CF The property to the west is zoned Planned Development PD No 52 Multi -Family Residential MF The applicant (Siam Star Muay Thai and Mixed Martial Arts) is requesting to lease a space within property zoned Planned Development PD No. 52 Shopping Center SC. The proposed use is a martial arts studio: which is categorized under the Gymnastics/Dance Studio use. In January 2010 the Allen Land Development Code was amended to require a Specific Use Permit (SUP) for this particular use in the Shopping Center SC district. There are no proposed changes to the site exterior. Staff recommended approval. Chairman Wendland opened the Public Hearing With no one wishing to speak, Chairman Wendland closed the Public Hearing I" Vice Chair Cocking inquired about a Specific Use Permit (SUP) being tied to the owner, not the land. Ms. McLeod assured the Commission that the Specific Use Permit would be connected to the owner of the business, not the land. Motion: Upon a motion by Commissioner Platt, and a second by Commissioner Trahan, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve the request for a Specific Use Permit SUP for a Martial Arts Studio for Siam Star Many Thai & Mixed Martial Arts. The motion carried. Agenda Item 99 Public Hearing — Conduct a Public Hearing and consider a request for a Specific Use Permit SUP for a Martial Arts Studio for Karate For Kids The property is a portion of Lot 1, Block 1, Bethany Park Place, and more commonly known as 1208 E Bethany, Suite 410, Allen, Texas (SUP 11/2/11-178) [Karate For Kids] Tiffany McLeod, Senior Planner, presented to the Commission. The property is located southeast of Bethany Drive and Allen Heights Drive. The property to the north is zoned Flood Plain -Shopping Center FP -SC. The property to the east is zoned Single Family Residential/Conditional R-7 (C) and Single Family Residential R7 The City of Parker is to the south The property to the west (across Allen Heights Drive) is zoned Planned Development PD No. 22 for Shopping Center SC and Single Family Residential R-6. The applicant (Karate For Kids) is requesting to lease a space within property zoned Shopping Center SC The proposed use is a martial arts studio; which is categorized under the Gymnastics/Dance Studio use In January 2010 the Allen Land Development Code was amended to require a Specific Use Permit (SUP) for this particular use in the Shopping Center SC district. There are no proposed changes to the site exterior Staff recommended approval. 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 this item: Northwest Texas Municipal Water DLStrlct (who owns 50ft. easement along the southern property line of the shopping center) submitted a statement of neutral. Mark Sustair, 1208 E. Bethany Drive #10, Allen, Texas The following people submitted a written statement in opposition to this item Kristine Mohr, 1220 Hillcrest Drive, Allen, Texas Allen Williams, 900 West Minster Avenue, Allen, Texas, 1" Vice Chair Cocking stated that there were two resident oppositions with respect to this item. He asked Ms. McLeod if she had heard any reason why [here was opposition. Ms McLeod explained that the opposition was primarily related to noise. She continued by assuring the Commission that the noise standards set in the Allen Land Development Code will still apply in this case. �y Motion: Upon a motion by 2n° Vice Chair Mangrum, and a second by Commissioner ® Trahan, the Commission voted 6 IN FAVOR, and 0 OPPOSED, to approve the request for a Specific Use Permit SUP for a Martial Arts Studio for Karate for Kids. The motion carried. Adjournment Motion: Upon acclamation, the meeting adjourned at 7:48 p.m. Chairman C day of 2011 if)W McLeod, Senior Planner Director's Report from 11/8/11 City Council Meeting There were no items taken to the November 8, 2011 City Council meeting for consideration