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Min - Planning and Zoning Commission - 2013 - 02/05 - RegularI ; V� CITY OF ALLEN ATTENDANCE: Commissioners Present: Robert Wendland, Chairman Jeff Cocking, 1" Vice Chair Shirley Mangrum, 2"d Vice Chair Barbara McNutt John Ogrizovich Steven Platt, Jr. Ben Trahan PLANNING AND ZONING COMMISSION Regular Meeting February 5, 2013 City Staff Present: Ogden "Bo" Bass, AICP, Director of Community Development Lee Battle, AICP, Assistant Director of Community Development Shawn Poe, PE, Assistant Director of Engineering Tiffany McLeod, Senior Planner Shelby Griffin, Planner Kevin Laughlin, City 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 1. Action taken on the Planning & Zoning Commission items by City Council at the January 22, 2013 regular meeting. Consent Aeenda 2. Approve minutes from the January 15, 2013 regular meeting 3. Receive the Capital Improvement Program (CIP) Status Report. 4. Combination Plat — Consider a request for a Combination Plat for 7 -Eleven, Custer Hedgcoxe Addition, Lot 1, Block A. The property is 1.31± acres located at the northeast comer of Custer Road and Hedgcoxe Road. (FP- 12/21/13-91) [7 -Eleven -Custer Hedgcoxe Addition] Commissioner Ogrizovich asked to remove Agenda Item 42. Motion: Upon a motion by F' Vice Chair Cocking, and a second by 2°" Vice Chair Mangrum, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve Agenda Items #3 and #4 on the Consent Agenda. The motion carried. Commissioner Ogrizovich asked to correct the minutes to show that he was absent at the Januaryl5, 2013 meeting. Motion: Upon a motion by Commissioner Ogrizovich, and a second by Commissioner Platt, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve Agenda Item #2 on the Consent Agenda with the correction. The motion carried. Reeular Aeenda Agenda Item #5 Preliminary Plat — Consider a request for a Preliminary Plat for Belmont, being 9.851 acres located south of Stacy Road and east of Angel Parkway (PP- 12/21/12-92) [Belmont] Ms. Tiffany McLeod, Senior Planner, presented to the Commission. The property is located south of Stacy Road; between Angel Parkway and Goodman Drive. The property is currently zoned Planned Development No. 61 Single Family Residential R-6. The property to the east (across Goodman Drive) is zoned Single Family Residential R-3. The property to the west (across Angel Parkway) is zoned Planned Development No. 69 Shopping Center SC and Single Family Residential SF The property to the south is zoned Planned Development No. 61 Single Family Residential SF The property to the north is zoned Planned Development No. 61 Shopping Center SC. A Concept Plan for the property was approved in January 2013. The Preliminary Plat is the next step in the development process. The plat shows thirty-two (32) single-family residential lots, eight (8) open space lots and one (I) drainage and detention area lot. There are two access points into the site; one access point off of Angel Parkway and one access point off of Goodman Drive. The plat also shows various easements necessary to develop the site. Ms McLeod reminded the Commission that the plat notes reference the PD provisions; which include an enhanced detention analysis, specific garage orientation for Lots 13, 14, 24 and 25 and responsibilities for detention pond maintenance The Preliminary Plat has been reviewed by the Technical Review Committee, is consistent with the approved PD Concept Plan and meets the standards of the Allen Lund Development Code ALDC. Motion: Upon a motion by Commissioner Platt, and a second by Commissioner Trahan, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Preliminary Plat for Belmont. The motion carried. 1 Agenda Item #6 Residential Replat/Public Hearing — Conduct a Public Hearing and consider a request for a Residential Replat for Lots IR -18R, Block A, Lots IR -14R, Block B, and Lots IIR-18R, Block C for Villas of Cottonwood Creek, Phase 2; being a replat of Lots 1-20, Block A, Lots 1-17, Block B, and Lots 11-20, Block C, located south of Stacy Road and east of Curtis Lane. (R-12/10/13-90) [Villas of Cottonwood Creek, Phase 2] Ms. Tiffany McLeod presented to the Commission. The property is located south of Stacy Road and east of Curtis Lane. The property to the north (across Stacy Road) is zoned Planned Development No. 92 Single Family Residential R-7 and Community Facilities CF The property to the east is zoned Planned Development No. 93 Townhome TH. The property to the west (across Curtis Lane) is zoned Planned Development No. 86 Single Family Residential R-6 and Shopping Center SC. The property to the south is zoned Planned Development No. 93 for Townhome TH. She explained that in November 2012, Planned Development PD No 93 was amended to incorporate a revised Concept Plan into the ordinance. The Concept Plan changed the lot configuration from forty-five (45) townhome units to forty (40) duplex units. A replat of the property is the last step in the development process to secure this new lot configuration. The Villas of Cottonwood Creek, Phase 2 Replat shows forty (40) residential lots and various easements required for this phase of the development. The open space and right-of-way dedication are consistent with the original Final Plat Ms. McLeod added that the Replat has been reviewed by the Technical Review Committee, is consistent with the approved Concept Plan and meets the standards of the ALDC Chairman Wendland opened the Public Hearing. With no one coming forward the Public Hearing was closed. Motion: Upon a motion by Commissioner Platt, and a second by Commissioner Trahan, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Residential Replat for the Villas of Cottonwood Creek, Phase 2. The motion carried. Agenda Item #7 Replat / Public Hearing— Conduct a Public Hearing a consider a request for a Replat for Kids R Kids Addition, Lots 1R, 3, & 4, Block A, located north of Exchange Parkway and west of Alma Drive. (R-1/21/13-7) [Kids R Kids Addition, Lots IR, 3 & 4] Ms. Shelby Griffin, Planner, presented to the Commission. The property is located northwest of Exchange Parkway and Alma Drive The property to the north is zoned Planned Development PD No. 53 for Single 1 Family Residential R-6 and PD No. 53 for Shopping Center SC, the property to the east, across Alma Drive, is zoned Shopping Center SC; the property to the south, across Exchange Parkway, is zoned Planned Development PD No. 54 for Single Family Residential SF; the property to the west is zoned Planned Development PD No 53 for Shopping Center SC and PD No. 53 Community Facilities CF Ms. Griffin explained that the General Development Plan was amended in October of 2012 by Legacy ER medical clinic. Staff has approved the Site Plan for Legacy ER and the last step in the development process is to replat the property Lot 1 is being replaced into three lots, those being Lots I R, 3, and 4. Lot 3 is the proposed location for the medical clinic use. There are two existing access points into the Kids R Kids commercial subdivision; one being off of Alma Drive and one being off of Exchange Parkway An additional access and utility easement is located along the south and part of the east side of Lot 3 where it connects into the existing fire lane on Lot IR. This replat also shows various landscape, utility, and drainage easements. Ms. Griffin added that the Replat has been reviewed by the Technical Review Committee and is consistent with the approved General Development Plan and meets the standards of Planned Development No 53 and the ALDC Chairman Wendland opened the Public Hearing. With no one coming forward to speak the Public Hearing was closed. Motion: Upon a motion by Commissioner McNutt, and a second by 1 Commissioner Platt, the Commission voted 7 IN FAVOR, and 0 OPPOSED to approve the Replat for Kids R Kids, Lot 1R, 3 & 4. The motion carried. Agenda Item #8 Public Hearing — Conduct a Public Hearing and consider a request for a Specific Use Permit for a Gymnastics and Sports Training Facility use for Envy Cheer. The property is Tract G & H, Allen Business Centre and commonly known as 21 Prestige Circle, Allen, TX. (SUP -1/8/13-4) [Envy Cheer] Ms. Shelby Griffin, presented to the Commission. The property is located north of Prestige Circle and west of Greenville Avenue. The property to the north is zoned Planned Development PD No. 3 for Multifamily MF -12. The property to the west, east, and south is zoned Planned Development PD No. 3 for Light Industrial, LI. The applicant is proposing to tenant a 7,780 square foot suite space in an existing building for a competitive cheerleading training facility. Staff categorizes this type of use as a Gymnastics and Sports Training Facility use. The base zoning for the property is Planned Development No. 3 for Light Industrial LI use The Allen Lund Development Code requires a Specific Use Permit (SUP) for a Gymnastics and Sports Training 1 Facility use within the Light Industrial zoning district. Ms. Griffin added that in conjunction with submitting the SUP application, the applicant submitted a parking study that was reviewed and approved by the Director of Community Development and Director of Engineering. Through the parking study analysis, it was determined that 25 parking spaces is adequate for this use. There are 61 parking spaces on site. There are no proposed changes to the exterior of the building and only minor changes to the building interior The SUP meets the standards of the ALDC Chairman Wendland opened the Public Hearing. With no one coming forward to speak the Public Hearing was closed. Motion: Upon a motion by Commissioner Platt, and a second by Commissioner Ogrizovich, the Commission voted 7 IN FAVOR, and 0 OPPOSED to recommend approval of the request for a Specific Use Permit for a Gymnastics and Sports Training Facility for Envy Cheer located at 21 Prestige Circle. The motion carried. 1 Agenda Item 99 Public Hearing — Conduct a Public Hearing and consider a request for a Specific Use Permit for a Gymnastics and Sports Training Facility use for Crossfit Ammo. The property is a portion of Lot 1, Block A, Allen Heights Shopping Center and commonly known as 1201 E. Main Street, suite 220, Allen, Texas (SUP -1/7/13-3) [Crossfit Ammo] Ms. Shelby Griffin presented to the Commission. The property is located north of Main Street and west of Allen Heights The property to the north is zoned Planned Development PD No. I for Single Family Residential R-6; the property to the west is zoned Light Commercial LC, the property to the south, across Main Street, is zoned Planned Development PD No. 33 for Shopping Center SC; the property to the east, across Allen Heights, is zoned Planned Development PD No.I for Local Retail LR. The applicant is proposing to tenant a 1,870 square foot suite space in an existing budding for a fitness facility This facility specializes in programs that range from recreational fitness to competitive athletic conditioning. Staff categorizes this type of use as a Gymnastics and Sports Training Facility use. The zoning for the property is Planned Development No. I for Shopping Center use. The Allen Lund Development Code requires a Specific Use Permit (SUP) for a Gymnastics and Sports Training Facility use within the Shopping Center zoning district. There are no proposed changes to the exterior of the budding and only minor changes to the building interior. The required parking for this use is already provided for on the site. The SUP meets the standards of the ALDC Chairman Wendland opened the Public Hearing. With no one choosing to come forward the Public Hearing was closed. Motion: Upon a motion by 2"d Vice Chair Mangrum, and a second by Commissioner Trahan, the Commission voted 7 IN FAVOR, and 0 OPPOSED to recommend approval of the request for a Specific Use Permit for a Gymnastics and Sports Training Facility for Crossfit Ammo located at 1201 E. Main Street, Suite 220. The motion carried. Agenda Item #10 Public Hearing — Conduct a Public Hearing and consider a request to amend Planned Development No. 54 for Industrial Technology IT to allow a Day Care use and adopt a Concept Plan, building elevations, and development regulations for Lot 2R -2E, Block G, Bray Central One Addition; located south of Exchange Parkway and east of Watters Road. (10/31/12-77) [Children's Lighthouse] Mr. Lee Battle, Assistant Director of Community Development, presented to the Commission. The property is located south of Exchange Parkway and east of Watters Road. The property to the north, across Exchange Parkway, is zoned PD Planned Development No. 108 for Mixed uses; the property to the west is zoned PD Planned Development No. 108 for SF Single Family; the property to the south is zoned PD Planned Development No. 108 for Office O; and the property to the east is zoned PD Planned Development No. 54 for Industrial Technology IT Mr. Battle explained that the applicant is proposing to build a Children's Lighthouse daycare facility on this property The Land Use Plan designates this area for office and industrial technology type uses. Development in this area has primarily been office, medical office and medical services, which is consistent with the Land Use Plan Recently this general area was studied as part of the PD 108 (Twin Creeks Urban Center) zoning request, which also reaffirmed an emphasis on office and medical uses for land south of Exchange Parkway Therefore, this property is considered highly suitable for continued office/medical services A daycare in this location is considered a less desirable use and is inconsistent with the intentions of the Land Use Plan. The Land Use Plan is implemented through zoning. The zoning districts that are used to implement office / industrial technology / medical service land uses include. Industrial Technology (IT), Light Industrial (LB, and Office (0). These districts exclude daycares as a permitted use. In addition, PD 108 (Twin Creeks Urban Center) does not permit daycares in most of its subdistricts including properties south of Exchange Parkway As a result, the existing zoning of this property, and of other properties in the area, including recently zoned property, does not support the daycare use Daycares are considered more suitable in other locations, generally closer to residential where they serve as a transitional use. The zoning districts that do permit daycares include MF (Multi -family), LR (Local Retail), CF (Community Facilities), LC (Light Commercial) and GB (General Business). Therefore, the proposed daycare is inconsistent with the land use and zoning for this area. Mr. Battle described the property as being located mid -block along Exchange Parkway and that there will not be direct access for west bound traffic. Traffic that is on the "going home" side of Exchange Parkway will have to maneuver through adjacent parking lots and/or make potentially dangerous U-tums to access the site. This is a serious concern for a daycare use that generates significant daily traffic. Due to these access concerns, this site is not considered a suitable location for this use. 1 The proposed zoning request is inconsistent with the Land Use Plan, current zoning and recent zoning approvals In addition, access for this specific location is limited and could be problematic for this type of use. Therefore staff recommends denial of this zoning request Commissioner Ogrizovich confirmed that the property to the south is an existing day care facility Mr. Battle agreed that the property directly south of the subject site is an existing day care use. I" Vice Chair Cocking inquired about the Technical Review Committee (TRC) review process. Mr. Battle explained that the case did go through the TRC review At that time, the applicant was informed that staff did not support the use; however, the project was reviewed to meet the code requirements in the ALDC. I" Vice Chair Cocking also asked if the traffic concerns were brought up during the TRC review. Mr. Battle explained that part of the development of this site includes the offsite improvements to mitigate the traffic concerns. 2"d Vice Chair Mangrum inquired about the number of day care services within a I mile location. Mr. Battle stated that there are approximately three within a half a mile of this location. 2"d Vice Chair Mangmm also inquired about the occupancy of those day cares. Mr. Battle did not know the occupancy load of the surrounding day care facilities. Barry Knight, 2728 N. Hartwood, Dallas, applicant representative, addressed the Commission. Chairman Wendland announced that Mayflower/ Jay Meng, 1150 N. Watters Rd., submitted a letter of support. 1 Chairman Wendland opened the Public Hearing. Doug Conner, 9342 Forestridge, Dallas, spoke in opposition of the request With no one else choosing to come forward the Public Hearing was closed. Commissioner Trahan stated his concern for the traffic related to this site. Commissioner McNutt stated her concern for the traffic and congestion along Exchange Parkway. Commissioner Platt stated he was not concerned with the use but was concerned with the traffic pattern. 1" Vice Chair Cocking stated that he was not concerned with the use. He was concerned with the potential for spot zoning and would like to see more comprehensive zoning for this area. Mr. Battle explained that when PD -108 was initiated, staff encouraged the applicants for PD -108 to include other property owners. Mr. Battle added that staff would like to see more consistent zoning across this area as well. I" Vice Chair Cocking inquired about the Technical Review Committee's ability to stop the project because of concerns for traffic. Mr. Battle explained that the TRC committee does not have the authority to stop a zoning request. The applicant has the right to come forward to a public hearing. I° Vice Chair Cocking inquired about the staffs opinion on the land use and relating it to the traffic concerns. Mr. Battle stated that the main issue is a land use issue and because of the traffic concerns, the applicant was asked to provide offsite improvements to mitigate as best as possible I' Vice Chair Cocking stated that he could move forward with the request. 2ntl Vice Chair Mangmm stated that she would not be in support of this request because of traffic. Commissioner Ogrizovich added that he is sure that the facility is a first class facility but would defer to staffs recommendation. Chairman Wendland explained that he is not opposed to the day care use being adjacent to office use however, he is opposed to the project because of the traffic concerns for this site being mid -block on Exchange Parkway Motion: Upon a motion by 2" Vice Chair Mangrum, and a second by Commissioner McNutt, the Commission voted 6 IN FAVOR, and 1 OPPOSED (by 1" Vice Chair Cocking) to recommend denial of the zoning request for Lot 2R -2E, Block G, Bray Central One Addition for a day care use for Children's Lighthouse. The motion carried. Adjournment Upon acclamation, the meeting adjourned at 8.32 p.m. T se tes app ove [his �d of 2013. end and, Chairman �T��������iii elby n IDirector's Report from 1/22/13 City Council Meeting There were no items taken to the January 22, 2013 City Council meeting for consideration. I I