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Min - Planning and Zoning Commission - 2012 - 02/21 - RegularPLANNING AND ZONING COMMISSION Regular Meeting February 21, 2012 CITY OF ALLEN ATTENDANCE: Commissioners Present: Robert Wendland, Chairman Jeff Cocking, 1" Vice Chair Shirley Mangrum, 2n1 Vice Chair John Ognzovich Steven Platt, Jr Absent: Ben Trahan City Staff Present: Ogden "Bo" Bass, AICP, Director of Community Development Patrick Blavdes, Planner Chris Flanigan, PE, Assistant Director of Engineering Shelby Griffin, Planner Tiffany McLeod, Senior Planner 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 Reuort I Director's Report is attached for action taken on the Planning & Zoning Commission items by City Council at the February 14, 2012 regular meeting Consent Agenda 2. Approve minutes of the February 7, 2012 regular meeting. 3. Final Plat — Consider a Final Plat for Cumberland Crossing Phase IV The Property is 14 466± acres, located north of Exchange Parkway and west of "Iwm Creeks Drive. (FP -1/23/12-1) [Cumberland Crossing Phase IV] Motion: Upon a motion by 2n° Vice Chair Mangrum, and a second by Commissioner Platt, the Commission voted 5 IN FAVOR, and 0 OPPOSED to approve the Consent Agenda. The motion carried. Regular Aeenda Agenda Item #4 Preliminary Plat — Consider a Preliminary Plat for Stacy -Watters Retail. The property is 3.76± acres located at the northeast corner of Stacy Road and Watters Road (PP -1/30/12-2) [Stacy -Watters Retail] Patrick Blavdes, Planner, presented to the Commission. The property is located at the northeast corner of Stacy Road and Watters Road and is part of Planned Development No 92 Shopping Center. The subject Preliminary Plat is for Stacy -Watters Retail and shows four (4) total lots for retail, restaurant and office use. There are three (3) access points shown; one (1) access point off of Watters Road and two (2) access points off of Stacy Road. The plat also shows various wall maintenance, landscape, hike and bike, fire lane, access & utility easements for the development of this site. Mr Blaydes informed the Commission that the Preliminary Plat has been reviewed by the Technical Review Committee, is consistent with the Concept Plan and meets the requirements of the Allen Land Uevelupmenl Cade He recommended approval. Commissioner Ogrizovich inquired about the drive through restriction on Lot 1 Mr. Blaydes informed the Commission that the zoning ordinance that was passed at Council included the restriction. Chairman Wendland stated that the drive through restriction was part of the zoning case but would not be part of the item before the Commission tonight Motion: Upon a motion by Pi Vice Chair Cocking, and a second by Commissioner Ogrizovich, the Commission voted 5 IN FAVOR, and 0 OPPOSED to approve the Preliminary Plat for Stacy -Watters Retail. The motion carried. Agenda Item #5 Tabled Item — Consider a request to change the zoning and adopt a Concept Plan, development regulations, and building elevations for 19.237± acres, situated in the Mary Standifer Survey, Abstract No 812, City of Allen, Collin County, Texas, from Agriculture -Open Space AO and Community Facilities CF to a Planned Development for Single Family Residential R-5 use The property is generally located north of Exchange Parkway and west of Twin Creeks Drive (Z-12!28/11-188) [Cumberland Crossing Phase V] Chairman Wendland reminded the Commission that the Public Hearing would not be reopened and asked for a motion to remove this item from the table Motion: Upon a motion by tat Vice -Chair Cocking, and a second by 2n° Vice Chair Mangrum, the Commission voted 5 I FAVOR, and 0 OPPOSED to remove Agenda Item #5 from the table. The motion carried. Tiffany Mcleod, Senior Planner, presented to the Commission The property is generally located north of Exchange Parkway and west of Twin Creeks Drive. At the February 7, 2012 Planning and Zoning Commission the applicant requested to table the item. Since that time, a revised Concept Plan has been submitted. Staff supports the submitted plan, with the condition that the lots along the north property boundary have R-4 Single Family Residential zoning Adam Buczek, 8214 Westchester Drive, Suite 710, Dallas, TX, 75225, applicant, spoke to the Commission He described the challenges associated with the site and the inability to develop the site as reflected on the submitted Concept Plan. Mr. Buczek requested the Commission make a decision on the applicant's request with the understanding that the improvements shown cannot be committed to. Chairman Wendland clarified that the applicant is no longer willing to have the case proceed with the submitted Concept Plan, development buffer exhibit and trail realignment. Mr. Buczek agreed. Chairman Wendland asked the Director of Community Development about the City's ability to take the flood plain dedication. Mr. Bass stated that there would need to be further study before any final decisions are made and if the Commission would like to move forward with the case, staff would recommend the item be tabled Mr Bass stated that after hearing the applicant, this is a different case. Based on the element of the trail system (a function of the Master Trail Plan) and the eight (8) foot masonry wall standard, Mr. Bass stated that staff is in the position to recommend denial at this time Commissioner Ogrizovich asked the applicant about the financial impact of the wall located along the church property Mr. Buczek explained that the wall became a variable when the retaining wall exceeded the expected five (5) feet in height Commissioner Ogrizovich clarified that the cost of the wall has influenced the applicant's commitment to the submitted Concept Plan. Mr. Buczeck agreed 1" Vice Chair Cocking stated that he is not prepared to negotiate on behalf of the City and staff. He explained that the Commission's role is voting on what has been submitted. Commissioner Platt stated he was pleased with the resubmittal but would have a hard time voting favorably to the applicants' stated request 2"d Vice Chair Mangrum stated she can support what was submitted. Chairman Wendland asked Ms McLeod to come forward and summarize staff's position. Ms. McLeod stated that staff supports the submitted Concept Plan with the recommended zoning change. In light of what the applicant has communicated, staff would recommend denial. 2"d Vice Chair Mangrum asked if staff knew about the applicants' concerns before the meeting Ms. McLeod explained that there were communications regarding concerns about some of what was shown on the submitted Concept Plan I" Vice Chair Cocking stated that by knowing the applicant's inability to make the commitments as shown, he would vote to deny the request. Chairman Wendland stated that he would not vote to approve the request if the applicant is not able to commit to the submitted zoning case. Motion: Upon a motion by 1" Vice Chair Cocking, and a second by 2" Vice Chair Mangrum, the Commission voted 5 IN FAVOR, and 0 OPPOSED to deny the request to change the zoning for 19.237± acres from Agriculture -Open Space AO and Community Facilities CF to a Planned Development for Single Family Residential R-5 use. The motion carried. Adjournment Upon acclamation, the meettiirnngg adjourned at 7*38 p mm. These i ' rtes p trove this L e " day of /1/_ _ 12. i rt Wendland. Chairman cIby Griffi d, PIauneq Director's Report from 2/14/12 City Council Meeting There were three items taken to the February 14, 2012 City Council meeting for consideration • A request to adopt an ordinance to amend the Concept Plan and development regulations for 8.8314± acres of Planned Development No 86 Shopping Center SC was approved. • A request to adopt an ordinance to adopt a Concept Plan and amend the development regulations for 3.76± acres of Planned Development No 92 Shopping Center SC was approved. • A request to adopt an ordinance for a Specific Use Permit SUP for a car wash on 1.1425± acres situated in the Henry Wetsel Survey, Abstract No. 1026, located south of Stacy Road and approximately 520 feet west of Greenville Avenue was approved. I