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BM 2005-05-19 PZ Minutes of May 19, 2005 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, May 19, 2005, in the Council Chambers of Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chairman Lee Foreman Vice Chairman Anna Kittrell Commissioner Dornell Reese, Jr. Commissioner Mark Borchgardt Commissioner Paul Milosevich Also present were Planning Director Gary Sieb, Assistant Planning Director Marcie Diamond, City Planner Matt Steer and Secretary Barbara Jahoda. Commissioners Rick McCaffrey and Matt Hall were absent. 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 Foreman called the meeting to order. Approval of minutes dated April 21, 2005, and Special-Called meeting of May 2, 2005. Commissioner Borchgardt made a motion to approve the minutes of both the April 21 and May 2, 2005, meetings, as written. Commissioner Reese seconded; motion carried (4-0) with Commissioners Borchgardt, Foreman, Kittrell and Reese voting in favor. None opposed. Commissioner Milosevich had not yet arrived. Commissioner Milosevich arrived at approximately 6:40 p.m. during the presentation of Case No. 4. PUBLIC HEARING: Consider approval of Case No. PD-210-SF-9(CH), Kaye Street, to consider a change in zoning from SF-12 (Single Family-12) to PD-210-SF-9(CH) (Planned Development-210-Single Family-9, Called Hearing) to allow for the retention of existing homes and permit the development and redevelopment of homes on existing lots and to allow the replatting of lots to a minimum of 9,000-square feet on property located along the north and south sides of Kaye Street, east of Coppell Road. Presentation: Assistant Planning Director Marcie Diamond introduced the item to the Commission showing exhibits, explaining that this property was developed prior to both the Zoning and Subdivision Ordinances being adopted. It is assumed that a blanket residential zoning classification of Single Family-12 was placed on this and other properties many years ago. She went on to explain that after a Kaye Street resident approached the Planning Department regarding her desire to subdivide two lots into three Single Family- 9 lots, staff researched the existing conditions on this particular street and determined that all but four lots do not conform to SF-12 regulations in terms of both house and lot size and any improvement to these properties would involve appealing to the Board of Adjustment and obtaining platting approval from both the Planning Commission and Council. Staff was unable to support "spot zoning" and suggested the applicant canvass the neighborhood for rezoning support and more than 50% of homeowner signatures were acquired. Special regulations regarding improvements and redevelopment of these lots are incorporated into the conditions of the Planned Development. After reviewing the data, and summarizing conditions associated with this Planned Development, Ms. Diamond stated that staff recommends approval of this rezoning, subject to the PD conditions and exhibits. She then mentioned that of 115 notices sent to property owners within 200', two favorable and one opposing reply were received by the Planning Department. Public Hearing: Chairman Foreman 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 people spoke: Fay Nigo, 300 Kaye Street, Coppell, TX - stated confusion as to what is being proposed. Nina Rogers, 421 Kaye Street, Coppell, TX - stated being in favor with this request, having initiated the rezoning and having petitioned neighbor- hood support. Erica Simonet, 304 Kaye Street, Coppell, TX - questioned whether or not there were requirements regarding rental property. Angela Moore, 332 Kaye Street, Coppell, TX - recently rebuilt their home and were required to go through the Board of Adjustment variance procedure. Wants to make certain that this rezoning doesn't jeopardize her property value. Kim Taylor, 337 Kaye Street, Coppell, TX - stated support for this change of zoning. Jerry Nisbett, 301 Kaye Street, Coppell, TX - stated he rents out this home. Supports the rezoning. Linda Langford, 409 Kaye Street, Coppell, TX - described her home as a historic "Prairie House" arts and crafts bungalow built in 1940, which was moved onto 409 Kaye Street in 1959. Wants the Commission o to hold over any rezoning decision for at least 30 days. Doesn't want property devalued. Joanne Smith, 412 South Coppell Road, Coppell, TX- owns properties at 412 & 420 South Coppell Road and 426 Kaye Street. She voiced support for this zoning change. Chairman Foreman closed the public hearing. Discussion: There was discussion regarding being able to rebuild a residence if it should burn down and providing this provision within the PD; expression of support for the City's reasoning for this rezoning effort; a point was made that if someone wanted to pursue a Historic designation (state or national) on a particular property/home, he/she could do so regardless of any zoning classification; a question was asked about whether or not rezoning would have tax implications, etc. Ms. Diamond stated that there will be no tax implications regarding this change -- appraisals are affected by lot and house sizes, condition of residence, etc. Action: Commissioner Borchgardt made a motion to recommend approval of Case No. PD-210- SF-9(CH), Kaye Street, zoning change from SF-12 to PD-210-SF-9(CH), subject to adding the following category to the attached Planned Development conditions and exhibits: Disasters 1. If a house is destroyed due to a natural disaster or fire, the homeowner may elect to rebuild the home as it exists today without seeking any variances. Commissioner Reese seconded the motion; motion carried (5-0) with Commissioners Borchgardt, Foreman Milosevich, Kittrell and Reese voting in favor; none opposed. Discussion of a proposed Planning and Zoning Commission Called Public Hearing to determine proper zoning on 1.85 acres of property located at 601 S.H. 121, west of Ace Lane, currently occupied by a concrete batch plant. Presentation: Assistant Planning Director Marcie Diamond introduced the item to the Commission, showing an exhibit of the property's location, mentioning that this property is the only one in the City with the zoning designation of Heavy Industrial. She then asked the Commission to determine if a Called Public Hearing to determine proper zoning for this area should be held. Discussion: There was no discussion. Action: Vice Chairman Kittrell made a motion to call a Public Hearing to determine proper zoning on 1.85 acres of property located at 601 S.H. 121, west of Ace Lane. Commissioner Borchgardt seconded the motion; motion carried (5-0) with Commissioners Borchgardt, Foreman, Milosevich, Kittrell and Reese voting in favor; none opposed. General discussion concerning planning and zoning issues. A. Update on Council planning agenda actions on May 10, 2005: a. Park West Commerce Center, Lot 2R-3, Block 2, Site Plan, to allow the development of one 137,000-square-foot office/warehouse building and one 153,000-square-foot office/warehouse building at the northwest corner of Beltline and Airline Roads. b. Park West Commerce Center, Lot 2R-3, Block 2, Replat. c. Case No. S-1224-TC, Little Caesars Pizza, zoning change request from TC to S-1224-TC, to allow the operation of a 1,350-square-foot restaurant, take-out only, 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. d. Case No. PD-194R3-LI, Amberpoint Business Park, Lot 2R, Block A, zoning change request from PD- 194R2-LI to PD- 194R3-L! to amend the Planned Development to attach a Detail Site Plan to allow the development of three office/warehouse buildings located along the south side of Sandy Lake Road, between Freeport Parkway and Northpoint Drive. e. Amberpoint Business Park, Lot 2R, Block A, Replat. f. Case No. S-1211R, Service Star, zoning change request from PD-199- HC-S-1211 to PD-199-HC-S-1211R, to allow the development of an auto repair garage, car wash, convenience store and gasoline service station at the southwest corner of S.H. 121 and MacArthur Blvd. g. Vista Point II, Lots 1-7, Block A, Amending Plat, to allow for the revision to fire lanes, property dimensions and calls to reflect the approved Site Plans and to correct various errors on 25.81 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd. h. Denton Tap Development, Lot 1, Block A, Site Plan (Wachovia Bank), to allow the construction of a 4,081-square-foot bank facility, with five drive-through lanes, at the northwest corner of Denton Tap Road and Fitness Court. i. Denton Tap Development, Lot 1, Block A, Replat (Wachovia Bank), Grandy's Addition, Lot 1, Block 1, Minor Plat, to allow the construction of a bank facility, with five drive-through lanes, at the northwest corner of Denton Tap Road and Fitness Court. j. Ordinance for Case No. ZC-617(CH) zoning change from HO-C; HO-C- S-1125R; HO-R; HO-SF-7; HO-SF-12; HO-LI; PD-119-HO-SF-9; PD- 108-HO-LI; PD-108R5-HO-LI; PD-188-HO-C; PD-197-HO-TH-1/C, and PD-206-HO-R to the proposed zoning district H, replacing the HO district. ko mo Ordinance amending Chapter 12 of the Coppell Comprehensive Zoning Ordinance, Section 12-28A, to replace the HO district with H; to adopt specific uses and development regulations for a Historic district, while retaining development conditions of the existing Planned Developments and Special Use Permits; to add Section 12-30-13A to add the uses permitted by Special Use Permit in the Historic district; to attach the design guidelines as an appendix; to replace Section 12-3-1 HO with H; to replace Section 12-3-2 Historic Overlay definition and purpose to the Historic district definition and purpose; to delete Section 12-30-18 in its entirety, and to specifically exclude the Historic district from Section 12- 30-14. Ordinance for Case No. PD-199R2-HC, Vista Point II, Lot 5IL Block A (Bank of Texas), zoning change from PD-199-HC to PD-199R2-HC to amend the Planned Development to allow the development of a bank facility, with drive-through lanes, along the west side of MacArthur Blvd., south of S.H. 121. Ordinance for Case No. PD-97R3-tL Corners of Coppell (Universal Academy), zoning change from PD-97-R to PD-97R3-R to amend the Planned Development to allow the occupancy of approximately 73,128- square-feet of the existing building for Universal Academy (grades preK-12th), and the occupancy of the remaining 41,475-square feet for college and/or retail uses at the southeast corner of Sandy Lake Road and MacArthur Blvd. Planning Director Gary Sieb informed the Commission of Council's May 10th actions on the above-mentioned items. Director's comments. There was none. With nothing further to discuss, the meeting adjourned at approximately 7:45 p.m. Lee Foreman, Chairman ATTEST: Barbara Jahoda, Secretary