BM 2004-09-16 PZ Minutes of September 16, 2004
PLANNING AND ZONING COMMISSION
The Planning and Zoning Commission of the City of Coppell met in pre-session at 6 p.m., and in
regular session at 6:30 p.m., on Thursday, September 16, 2004, in the Council Chambers of
Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members
were present:
Chairman Drew Halsey
Vice Chairman Lee Foreman
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Rick McCaffrey
Anna Kittrell
Dornell Reese, Jr.
Mark Borchgardt
Paul Milosevich
Also present were Director of Engineering/PW Ken Griffin, Fire Marshal Tim Oates, Planning
Director Gary Sieb, Assistant Planning Director Marcie Diamond, City Planner Matt Steer and
Secretary Barbara Jahoda.
PRE-SESSION (Open to the Public)
Briefing on the Agenda.
Staff briefed the Commission on the cases.
REGULAR SESSION (Open to the Public)
Call to Order.
Chairman Halsey called the meeting to order.
Approval of Minutes dated August 19, 2004.
Commissioner Foreman made a motion to approve the minutes of August 19, 2004,
amending Condition #2 on Page 5, Case No. S-1221-C, Verizon Wireless, to read
"accept" rather than "approve". Commissioner Reese seconded; motion carried (7-0)
with Commissioners McCaffrey, Milosevich, Kittrell, Halsey, Borchgardt, Foreman and
Reese voting in favor. None opposed.
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PUBLIC HEARING: Consider approval of Case No. S-1223-TC~ Taco Del Mar,
zoning change request from TC (Town Center) to S-1223-TC (Special Use Permit-
1223-Town Center), to allow the operation of a 1,650-square-foot restaurant, with
outdoor patio, to be located in the Town Center Addition, Lot 2, Block 3, along the east
side of Denton Tap Road; north of Town Center Blvd., at the request of Tom
Chapman.
Presentation:
City Planner Matt Steer introduced the item to the Commission, showing exhibits, stating
there will be 48 interior and 20 patio seats around five umbrella tables. After discussing the
proposed signage and umbrellas, Mr. Steer stated that staff recommends the color and
material of the umbrellas be limited to the awning specifications within the Zoning
Ordinance, which calls for canvas or lusterless non-metal material of a neutral solid color.
He then stated that staff recommends approval of this Special Use Permit, subject to three
conditions, which he read into the record.
Tom Chapman, 955 East Bethel School Road, Coppell, TX 75019, present to represent
this case before the Commission and answer any questions, questioned staff's
recommendation regarding color and material for umbrellas, stating he has conceded on
the choice of signage for his various restaurants to abide with City ordinances but would
like to use the franchise umbrella, choosing one of three solid primary colors with
lettering (red, blue or yellow). He presented to the Commission photos of existing
umbrellas and awnings around Coppell, which do not adhere to the Ordinance.
Public Hearing:
Chairman Halsey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. No one
spoke.
Chairman Halsey closed the public hearing.
Discussion:
There was extensive discussion regarding the interpretation of the term "umbrella" vs.
"awning", since reference to colors and materials of umbrellas are not specifically addressed
in the Zoning Ordinance.
Action:
Commissioner McCaffrey made a motion to approve Case No. S-1223-TC, Taco Del
Mar, zoning change request from TC to S-1223-TC, subject to the following conditions:
1)
The property shall be developed in accordance with the site plan, floor
plan and sign plan.
2)
The hours of operation shall not exceed 6 a.m. to 11 p.m., seven days
a week.
3)
Assure that the umbrella specifications follow the awning restrictions
within the Coppell Zoning Ordinance (Section 12-24-8).
Commissioner Kittrell seconded the motion; motion carried (4-3) with Commissioners
McCaffrey, Kittrell, Halsey and Borchgardt voting in favor. Commissioners Milosevich,
Foreman and Reese opposed.
PUBLIC HEARING: Consider approval of Case No. PD-205-HC~ Vista Ridge
Addition~ Lots 1BR-8X Block D (The Plaza), zoning change request from HC
(Highway Commercial) to PD-205-HC (Planned Development-205-Highway
Commercial), to allow for the development of six, one- and two-story general and
medical office buildings, totaling approximately 62,700-square feet, and two
common areas, on 7.77 acres of property located along the north side of S.H. 121,
approximately 670 feet east of Denton Tap Road, at the request of JDB Real Estate.
Commissioner Milosevich excused himself from hearing both Items 5 and 6 (The Plaza),
having filed an Affidavit of Conflict of Interest. He left the Chambers.
Presentation:
Planning Director Gary Sieb introduced the item to the Commission, showing exhibits,
including two color boards, one for the one-story buildings and one for the two-story
buildings. He compared the original concept plan, presented when this property was
replatted in March, with the Site Plan before the Commission, indicating minor changes.
After discussing the site plan, landscape plan, entry structure, signage, elevations, etc.,
Mr. Sieb stated that staff recommends approval of this PD, subject to 11 conditions,
which he read into the record. He added that of the three notices sent to property owners
within 200' feet of this zoning change request, no responses either in favor or opposition
were returned to the Planning Department.
John Speanburg, 434 Copperstone Trail, Coppell, TX 75019, present to represent this
case before the Commission and answer any questions, stated they are working to comply
with staff comments. Bill Anderson, Dowdey, Anderson & Associates, Inc., 5225
Village Creek Drive, Suite 200, Plano, TX 75093, was also present to address staff
conditions relative to engineering issues.
Public Hearing:
Chairman Halsey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. No one
spoke.
Chairman Halsey closed the public hearing.
Discussion:
There was no discussion.
Action:
Commissioner Kittrell made a motion to recommend approval of Case No. PD-205-HC,
Vista Ridge Addition, Lots 1BR-8X Block D (The Plaza), zoning change request from
HC to PD-205-HC, subject to the following conditions, changing Condition #6 from 25'
to 20' setbacks for the two-story buildings:
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1) Approval of the 50-foot r-o-w and 28-foot street.
2) Eliminate Note 5 (sidewalks) from Site Plan.
3) Eliminate Note 6 (building height) from Site Plan.
4) Building height on Lots 1-4 need to reflect 28.2 feet.
5) Dimension distance between r-o-w of Highland Drive and building on Lot 1.
6)
Increase two-story building setbacks to at least 20 feet from back of curb on
Plaza Boulevard.
7)
Landscape screening needs to be provided at back of the parking spaces on
the south end of Lot 6.
8) Dimension the length of the 3' screening wall.
9) Show location of monument/entry structure on Site Plan.
10) Indicate size, color, font, material, etc., of the monument signage.
11) Compliance with the Engineering Department comments.
Commissioner Borchgardt seconded the motion; motion carried (6-0-1) with
Commissioners McCaffrey, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in
favor. None opposed. Commissioner Milosevich abstained due to a Conflict of Interest.
PUBLIC HEARING: Consider approval of the Vista Ridge Additiom Lots 1BR-8X~
Block D~ Replat of Lot 1B~ Block D of Vista Ridge, to allow for the development of
six, one- and two-story general and medical office buildings, totaling approximately
62,700-square feet, and two common areas, on 7.77 acres of property located along
the north side of S.H. 121, approximately 670 feet east of Denton Tap Road, at the
request of Dowdey, Anderson & Associates, Inc.
Presentation:
Planning Director Gary Sieb introduced the item to the Commission, showing exhibits.
He stated that staff recommends approval of this Replat, reading four staff conditions into
the record.
Bill Anderson, Dowdey, Anderson & Associates, Inc., 5225 Village Creek Drive, Suite
200, Plano, TX 75093, present to represent this case before the Commission and answer
any questions, stated agreement with staff conditions.
Public Hearing:
Chairman Halsey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. No one
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spoke.
Chairman Halsey closed the public hearing.
Discussion:
There was no discussion.
Action:
Commissioner McCaffrey made a motion to recommend approval of the Vista Ridge
Addition, Lots 1BR-8X, Block D, Replat of Lot lB, Block D of Vista Ridge, subject to
the following conditions:
1) Contact TXU to discuss easement requirements.
2) Show overall width of Plaza Boulevard as 50 feet.
3)
Increase building setback lines along Plaza Boulevard roundabout
to track with Site Plan approval (20' from back of curb).
4) Abide by Engineering comments.
Commissioner Borchgardt seconded the motion; motion carried (6-0-1) with
Commissioners McCaffrey, Kittrell, Halsey, Borchgardt, Foreman and Reese voting in
favor. None opposed. Commissioner Milosevich abstained due to a Conflict of Interest.
Commissioner Milosevich returned to the Commission hearing.
PUBLIC HEARING: Consider approval of Case No. PD-163R3-SF-9~ Windsor
Estates~ zoning change request from PD-163R2-SF-9 (Planned Development 163-
Revision 2-Single Family-9) to PD-163R3-SF-9 (Planned Development 163-Revision 3-
Single Family-9) to allow the retention of an existing 4.25' tall wrought iron fence on
an 18" tall retaining wall 15 feet from the property line along DeForest Road on Lot 1,
Block B (612 St. James), at the request of Marvin and Jill Watkins.
Presentation:
Assistant Planning Director Marcie Diamond introduced the item to the Commission,
showing exhibits, giving the history of the subdivision and the most recent revision to
this PD, in which the original request to revise the fence/building line at this address
along DeForest Road was denied by the Commission in December of 2003 and Council
in January 2004. She stated that even though this property is very attractive and the
subdivision's view corridors have not been obstructed with the use of the wrought iron
fence on top of an 18" retaining wall, staff cannot support this request, citing the
following reasons: (a) there are two undeveloped corner lots remaining in the
subdivision with 25' building/fence line setbacks along roadways and (b) consistently
throughout the process, staff has had concern with moving the fence line closer to the
street. Ms. Diamond then read into the record one condition, which staff feels is
necessary for clarification if approval were recommended by the Commission. She
stated that 11 notices were sent to property owners within 200' of this proposal and five
5
go
favorable responses were returned to the Planning Department; none in opposition.
Bill Anderson, Dowdey, Anderson & Associates, Inc., 5225 Village Creek Drive, Suite
200, Plano, TX 75093 (representing the builder, Jim Street) spoke to the Commission,
introducing the property owners, Marvin and Jill Watkins, 612 St. James, Coppell, TX.
Public Hearing:
Chairman Halsey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. The
following person spoke:
David Ewbank, 617 St. James, Coppell, TX 75019 - stated support of
this application.
Chairman Halsey closed the Public Hearing.
Discussion:
There was discussion questioning why the owner moved the fence to its present location
knowing it would violate the Planned Development's setback requirements, the fact that
approval of this case would set a precedent of asking for approval after a violation had been
committed, the fact that the property is nicely landscaped and the use of the wrought iron
meets the intent of visual openness in the subdivision, etc.
Action:
Commissioner Kittrell made a motion to recommend approval of Case No PD-163R3-SF-
9, Windsor Estates, zoning change request from PD-163R2-SF-9 to PD-163R3-SF-9 to
allow the retention of an existing 4.25' tall wrought iron fence on an 18" tall retaining
wall 15 feet from the property line along DeForest Road on Lot 1, Block B (612 St.
James), subject to the following condition:
1)
The notation "fence and building setback line" being added to the
west side of this lot, along St. James Place.
Commissioner McCaffrey seconded the motion; motion failed (3-4) with Commissioners
McCaffrey, Milosevich and Kittrell voting in favor. Commissioners Halsey, Borchgardt,
Foreman and Reese opposed.
PUBLIC HEARING: Consider approval of the Windsor Estates~ Lot 1~ Block B~
Replat, to revise the fence setback line from 25' to 15' along DeForest Road to allow
for the retention of an existing 4.25' tall wrought iron fence on an 18" tall retaining
wall on Lot 1, Block B (612 St. James), at the request of Marvin and Jill Watkins.
Presentation:
Assistant Planning Director Marcie Diamond stated that since this is the companion case
to the Planned Development zoning change request just denied, denial of this Replat is
recommended.
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Jill Watkins, 612 St. James Place, Coppell, TX, (property owner) stated that she
understands the reasoning for Replat denial.
Public Hearing:
Chairman Halsey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. No one
spoke.
Chairman Halsey closed the Public Hearing.
Discussion:
There was no discussion.
Action:
Commissioner Reese made a motion to deny the Windsor Estates, Lot 1. Block B, Replat.
Commissioner Borchgardt seconded; motion carried (5-2) with Commissioners
Milosevich, Halsey, Borchgardt, Foreman and Reese voting for denial. Commissioners
McCaffrey and Kittrell opposed.
PUBLIC HEARING: Consider approval of text amendments to Chapter 12, Zoning,
of the Code of Ordinances, Section 12-34-2.6(1) regarding exempting the building pad
areas from the tree reparation requirement.
Presentation:
Assistant Planning Director Marcie Diamond introduced the item, advising the
Commission of the recommendations of the Parks and Recreation Board, the Coppell
Economic Development Committee and Council's directive that the Planning
Commission hold a public hearing to consider an amendment to the Tree Preservation
Ordinance to exempt building pad areas in Light Industrial zoned areas from the tree
reparation requirement. She stated that staff recommends approval of this amendment,
reading subsection (I), which would be added to Section 12-34-2.6, into the record.
Discussion:
Some discussion followed.
Public Hearing:
Chairman Halsey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. No one
spoke.
Chairman Halsey closed the public hearing.
Action:
Commissioner Kittrell made a motion to recommend approval of an amendment to
Chapter 12, Zoning, of the Code of Ordinances, Section 12-34-2.6, adding subsection (I)
regarding exempting the building pad areas from the tree reparation requirement, as
follows:
10.
(i)
In areas zoned LI (Light Industrial), trees located within the building
footprint, as indicated on the Site Plan approved by City Council, shall not
be considered as protected trees under this Ordinance and shall not be
subject to tree reparation payment.
Vice Chairman Foreman seconded the motion; motion carried (6-1) with Commissioners
McCaffrey, Milosevich, Kittrell, Halsey, Foreman and Reese voting in favor.
Commissioner Borchgardt opposed.
General discussion concerning planning and zoning issues.
A. Update on Council planning agenda action on September 14, 2004:
a. Case No. S-1220-TC, Verizon Wireless, to allow the replacement of a 70'
light standard with an 80' light standard to permit wireless
communication antennae, with ground-mounted equipment, in Andrew
Brown Park West.
b. Case No. S-1221-C, Verizon Wireless, to allow a maximum 25' extension of
an existing 75' monopole to permit additional wireless communication
antennae, with ground-mounted equipment, at 636 Sandy Lake Road.
c. Case No. S-1219-TC, Carrel Ice Cream.
d. Case No. PD-161R-SF-12, Stratford Manor, to allow a 144-square-foot
entry building, with landscaping, on Lot 1X (common area).
e. Case No. S-1108R2-A, Sprint Spectrum Communication, to allow for a
wireless communication antenna to be mounted on a existing electric
transmission tower, with ground-mounted equipment, northwest of
MacArthur Blvd. and Beltline Road intersection.
f. Natches Trace Addition, Lot 2, Block C, Site Plan (Town Center Bank).
g. Natches Trace Addition, Lot 1, Block C, Minor Plat (Town Center Bank).
h. Eighteen-month extension to the expiration date of the Coppell/121 Office
Park, Preliminary Plat for Lots 1 and 3-7, to allow the development of an
office park along the north side of S.H. 121, approximately 875 feet west of
Denton Tap Road.
i. Ordinance for Case No. PD-203-R, Coppell Florist, to allow the
construction of a florist shop and office uses at the southwest corner of
Sandy Lake and Moore Roads.
j. Ordinance to amend Chapter 12 of the Coppell Code of Ordinances
Zoning) by amending Section 12-29-4.2(A), Provisions for Business Zoning
Districts, to provide provision to allow individual tenant names to be placed
on monument signs; providing regulations for consistency in size, font and
color for tenant names on said signs, and establishing regulations for
maintenance of signage.
Planning Director Sieb reported that Council approved all of the above-
mentioned items on September 14th.
Director's comments:
a. Announcement of new Commission appointees.
Planning Director Sieb stated that two Commission members were
reappointed to the Commission (Kittrell & Foreman) and that Chairman
Halsey was not. Mr. Sieb expressed gratitude to Mr. Halsey for his time,
dedication and effort spent to lead this Commission in the right direction and
told him that he will be missed.
Mr. Sieb reminded everyone that a reception would be held on Tuesday,
September 28th in the Town Center Atrium at 6 p.m. for new appointees and
present Board and Commission members. He asked that Commissioners call
the Planning Department as to their attendance.
With nothing further to discuss, the meeting adjourned at approximately 8:40 p.m.
Drew Halsey, Chairman
ATTEST:
Barbara Jahoda, Secretary