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BM 2005-07-21 PZ Minutes of July 21, 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, July 21, 2005, in the Council Chambers of Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chairman Lee Foreman Commissioner Rick McCaffrey Commissioner Dornell Reese, Jr. Commissioner Paul Milosevich Commissioner Matt Hall Also present were Director of Engineering/Public Works Ken Griffin, Fire Marshal Tim Oates, Economic Development Coordinator Mindi Hurley, Planning Director Gary Sieb, Assistant Planning Director Marcie Diamond, City Planner Matt Steer and Secretary Barbara Jahoda. Commissioners Anna Kittrell and Mark Borchgardt 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 June 16, 2005. Commissioner McCaffrey made a motion to approve the minutes of the June 16, 2005, meeting, as written. Commissioner Reese seconded; motion carried (5-0) with Commissioners Hall, McCaffrey, Foreman, Milosevich and Reese voting in favor. None opposed. PUBLIC HEARING: Consider approval of Case No. S-1098R3-C~ Kroger, zoning change request from S-1098R2-C (Special Use Permit-1098-Revision 2-Commercial) to S-1098R3-C (Special Use Permit-1098 Revision 3-Commercial), to allow four gasoline pump islands, with a kiosk for retail sales, at the southwest corner of the Kroger parking lot located at 950 E. Sandy Lake Road, at the request of Lisa Swift, GSO Architects. Presentation: City Planner Matt Steer introduced the item to the Commission showing exhibits, including a color board, stating these fuel pumps are proposed to be located at the southwest corner of the Kroger parking lot, adjacent to a residential neighborhood. After discussing the proposed Site Plan, including monument sign, proposed reduction of 31 parking spaces, Landscape Plan, elevations and exhibits of the visual clutter; i.e., open retail sales display unit, ice machine, pay phone, air pump, vent riser, etc., he mentioned the operational hours are proposed to be 6 a.m. - 10 p.m. daily. Mr. Steer stated that 35 notices were sent to property owners within 200' of the Kroger development, mentioning that five responses were returned to the Planning Department - one in favor, two in opposition and two undecided/neutral. He also stated that he received one negative e- mail response. He then stated that staff recommends denial of this Special Use Permit revision for a number of reasons, i.e., gas service being an inappropriate land use for the area; this service would create noise and lighting issues for the abutting residential neighborhoods; this use not being appropriate in a Primary Image Zone, a gas station would have an impact on traffic patterns and the accessory uses being inappropriate. Lisa Swift, GSO Architects, 5310 Harvest Hill, Suite 146, Dallas, TX 75230, was present to represent this case before the Commission and answer any questions. She presented slides depicting a revised Landscape Plan and defended their proposal. Gary Huddleston, 131 E. Freeway, Irving, TX (Kroger Food Stores), also spoke, stating that Kroger has 31 fuel centers in the Metroplex of which 10 were added to existing facilities. He stated that this service allows one-stop shopping to customers and is vital to the success of a grocery store. Selecting future sites will be dependent upon fuel, beer and wine sales. Randy Kottlowski (Kroger), 320 Prism Lane, McKinney, TX, spoke with regard to studies having been made as to the selection of fuel sites, taking into consideration a pleasing site, easy accessibility, an area less prone to traffic back-ups, traffic flow, safety/security of its employees, etc. 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 person spoke: Teresa Christian, 935 Laguna Drive, Coppell, TX - expressed opposition to this proposal. She stated that presently, her family must contend with a grocery store with drive-through pharmacy directly in back of their house. She related an incident involving the police and a deliveryman, and now they may have to contend with a gas station, as well. She questioned the selected location and asked why not along MacArthur? She questioned why people can't walk into the store to get whatever food/ice they want. She discussed the on-going issue with dead trees on the property, which fell on deaf ears, until now that gas pumps are desired and feels that property values have been devalued with this development. Chairman Foreman closed the public hearing. Discussion: There was discussion regarding who was notified of this proposal, the necessity for fuel centers on grocery store property, whether other locations within this parking lot were considered, adding more landscaping, gas sales not being compatible with food shopping centers, noise/traffic intrusion on nearby residential developments, Kroger not living up to its present landscaping requirements, monument sign not conforming, needing a better design for canopy to shield lighting from near-by neighborhoods, economic development issues, the elimination of food and ice cabinets, etc. Because of latecomers, Chairman Foreman reopened the public hearing. The following people spoke: Robert Young - 961 Fountain Drive, Coppell, TX - opposes the hours of operation because of the proximity to the residential development (his home, in particular), potential noise from trucks filling tanks early in the morning or late at night, and the undesirability of having a pay phone at that location, which could create a loitering situation at any given time of day or night. Laurie Murphy - 931 Laguna Drive, Coppell, TX - does not see the need for a fuel center. She lives in the abutting neighborhood and does not wish to smell the gas odors and/or hear the increased noise of trucks and cars. She feels the parking lot is too small to house this operation, etc. Chairman Foreman closed the public hearing. Action: Commissioner Milosevich made a motion to recommend approval of Case No. S-- 1098R3-C, Kroger, zoning change request from S-1098R2-C to S-1098R3-C, subject to the following conditions: 1) 2) 3) 4) 5) 6) Elimination of the pay phone. Elimination of the retail display unit(s). Operational hours shall be limited to 7 a.m. to 10 p.m. daily. Provision of mature landscaping (minimum six-caliper inch trees) in every gap that exists along the west property line. Additional two-feet of berm height along Sandy Lake Road before landscaping is placed on top. Full compliance with required building materials to soften canopy. Commissioner Hall seconded the motion. There was further discussion by the Commission and staff. Planning Director Sieb stated that the Commission could waive the reapplication fee, if it so desired. The applicant voiced that Kroger would be agreeable to work with staff to come to a favorable conclusion, taking into consideration all comments. Further Commission comments were suggested, as follows: relocating the fuel center east towards MacArthur Blvd., providing additional landscaping within the parking islands on west end of lot to further buffer the residential development and elimination of the ice cabinet. Commissioner Milosevich withdrew his motion and Commissioner Hall withdrew his second. Commissioner Hall suggested that Kroger include a financial analysis of how a fuel center would positively impact Kroger. Commissioner McCaffrey made a motion to deny Case No. S-1098R3-C, Kroger, zoning change request, adding that filing fees would be waived if the proposal were resubmitted for consideration. Commissioner Reese seconded the motion; motion carried (5-0) with Commissioners Hall, McCaffrey, Foreman, Milosevich and Reese voting in favor; none opposed. Having filed a Conflict of Interest Affidavit with the Planning Secretary, Commission Hall excused himself from the next two cases (Items 5&6). PUBLIC HEARING: Consider approval of Case No. PD-211-S-1226-R~ Hard Eight Pit Bar-B-Q Restaurant with Private Club, zoning change request from R (Retail) to PD-211-S-1226-R (Planned Development-211-Special Use Permit-1226-Retail), to attach a Detail Site Plan to allow the development of an approximate 14,205-square- foot restaurant and private club, with outdoor seating and cooking areas, on 1.9 acres of property located along the south side of Bethel Road, east of Freeport Parkway, at the request of Chad Jackson, Pacheco Koch Consulting Engineers. Presentation: City Planner Matt Steer introduced the item to the Commission, showing exhibits, including a color board and colored rendering. After reviewing the Site Plan, Landscape Plan, Elevations, parking situation, etc., he stated that the applicant is seeking shared parking agreements with surrounding property owners. He stated that Agenda Item 8 relates to calling a Public Hearing to determine proper zoning on property that includes this development, which would expand the H (Historic) district. Mr. Steer also mentioned that seven notices were sent to property owners within 200' of this property, and no responses either in favor or in opposition were returned to the Planning Department. He then stated that staff recommends approval of this proposal, subject to eight conditions, which he read into the record. Chad Jackson, Pacheco Koch Consulting Engineers, 8350 N. Central Expressway, Suite 1000, Dallas, TX 75206, was present to represent this case before the Commission and answer any questions. He stated agreement with staff conditions, with the exception of Condition #4, which suggested replacing the attached sign on the west elevation with a hanging sign, stating that the wind might create a safety hazard and a hanging sign would also impair visibility for outdoor diners. He also stated that the owner may wish to keep the restaurant open to 1 a.m. on occasion. Philip Nivens, owner of the Hard Eight, Stephenville, TX, was also present. Discussion: There was a question as to the functionality and hours of the bandstand. that the bandstand area would only be used for special occasions. Mr. Nivens stated 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. No one spoke. Chairman Foreman closed the public hearing. Action: Commissioner McCaffrey made a motion to recommend approval of Case No. PD-21 1226-R, Hard Eight Pit Bar-B-Q Restaurant with Private Club, zoning change request from R to PD-211-S-1226-R, subject to the following revised conditions: 1) Change PD Conditions note to read as follows: 1. A minimum of 101 parking spaces shall be provided, with minimum dimensions of 9' by 18', when not abutting landscape areas or sidewalk. 2. The building and paving areas may encroach into the perimeter landscape areas on the north and east side of the property. 3. Non-vehicular landscaping may be a minimum of 10%. 4. Minimum front yard building setback shall be 6' from Bethel Road right-of-way. 5. The trees on the south end of the property shall be phased to allow the drainage improvements prior to planting. 6. Operational hours shall not exceed 10:30 a.m. - Midnight, seven days a week. 7. A Tree Removal Permit will be required prior to the removal of any trees from this site. If the H (Historic) base zoning district is established on this property, additional conditions shall apply, as follows: 1. The parking lot may extend beyond the front building line, east of the main structure. 2. A Special Use Permit shall not be required to allow a building exceeding 5,000-square feet. 2) Show the zoning districts of adjacent properties and change note #6 within the Site Data Table to read "Proposed Zoning." 3) Work with staff regarding the proposed sign on the west elevation. On the north elevation, ensure the signboard contains all the advertising (antlers and logo shall not extend beyond the board). 4) Show horizontal siding in place of the vertical, as this is more traditional in design. 5) List the proposed colors and materials on the black and white elevations. 5 o Commissioner Milosevich seconded the motion; motion carried Commissioners McCaffrey, Foreman, Milosevich and Reese voting opposed. Commissioner Hall did not participate in the hearing. (4-0-1) with in favor; none PUBLIC HEARING: Consider approval of the Crescent Additiom Lot 1~ Block A~ Minor Plat and Replat, being a partial Minor Plat of 0.99 of an acre tract and a Replat of Lot 5 of the Coppell Commerce Center, Phase 1, to allow the development of an approximate 14,205-square-foot restaurant and private club, with outdoor seating and cooking areas, on 1.9 acres of property located along the south side of Bethel Road, east of Freeport Parkway, at the request of Chad Jackson, Pacheco Koch Consulting Engineers. Presentation: City Planner Matt Steer introduced the item to the Commission, showing an exhibit, depicting the dedication of right-of-way and all easements. He then stated that staff recommends approval of this Minor Plat and Replat, subject to one condition, which he read into the record. Chad Jackson, Pacheco Koch Consulting Engineers, 8350 N. Central Expressway, Suite 1000, Dallas, TX 75206, was present to represent this case before the Commission and answer any questions, stated agreement with the staff condition. Discussion: There was no discussion. Public Hearin~;: 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. No one spoke. Chairman Foreman closed the public hearing. Action: Commissioner Reese made a motion to recommend approval of the Crescent Addition, Lot 1, Block A, Minor Plat and Replat, subject to the following condition: 1) Compliance with the Engineering comments. Commissioner McCaffrey seconded the motion; motion carried Commissioners McCaffrey, Foreman, Milosevich and Reese voting opposed. Commissioner Hall did not participate in the hearing. (4-0-1) with in favor; none Commissioner Hall rejoined the Commission. o go PUBLIC HEARING: Consider approval of Case No. S-1227-LL T-Mobile, zoning change request from LI (Light Industrial) to S-1227-LI (Special Use Permit-1227- Light Industrial), to allow replacement of a proposed 70' light standard with an 80' tall pole, allowing placement of telecommunication antennae on the pole, with an equipment cabinet at the base, to be located at 345 Freeport Parkway (Wagon Wheel Park), at the request of Dave Kirk, T-Mobile. Presentation: Planning Director Gary Sieb referred to a letter from Dave Kirk dated July 18th, requesting continuance of this case. Mr. Sieb then stated that subsequent to receiving this letter, Mr. Kirk indicated that this site will not be appropriate for T-Mobile and they'll probably locate elsewhere. Therefore, staff recommends denial of this application. Mr. Sieb added that 15 notices were sent to property owners within 200 feet and no responses either in favor or opposition were returned to the Planning Department. The applicant was not present. Discussion: There was no discussion. 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. No one spoke. Chairman Foreman closed the public hearing. Action: Commissioner Reese made a motion to deny Case No. S-1227-LI, T-Mobile, zoning change request from LI to S-1227-LI. Commissioner Milosevich seconded the motion; motion carried (5-0) with Commissioners Hall, McCaffrey, Foreman, Milosevich and Reese voting in favor of denial; none opposed. Consider calling a Planning and Zoning Commission Called Public Hearing to determine proper zoning on approximately 3.2 acres of property currently zoned R (Retail), along the south side of Bethel Road, east of Freeport Parkway. Presentation: City Planner Matt Steer introduced the item to the Commission, stating this change in zoning would incorporate the Hard Eight Pit Bar-B-Q Restaurant proposal, as well as another property on the south side of Bethel Road. Chairman Foreman asked what impact this change would have on the northeast, northwest and southwest corner properties of Freeport Parkway and Bethel Road. Mr. Sieb replied that it would not be detrimental as these properties are zoned LI (Light Industrial). Commissioner Reese questioned the long-term view on the SF-12 property on the north side of Bethel Road. Mr. Sieb answered that the Comprehensive Plan shows it as residential. In 2002 it was determined that this area not be included in the revised Historic district of the Old Coppell Master Plan. Commissioner Milosevich made a motion to call a Planning and Zoning Commission Public Hearing on August 18, 2005, to determine proper zoning on approximately 3.2 acres of property currently zoned Retail along the south side of Bethel Road, east of Freeport Parkway. Commissioner Hall seconded the motion; motion carried (5-0) with Commissioners Hall, McCaffrey, Foreman, Milosevich and Reese voting in favor; none opposed. Chairman Foreman called a 10-minute recess before commencing into Work Session for Item No. 9. RECESS INTO WORK SESSION: (Open to the Public) 1st floor Conference Room (8:20 p.m.) o Discussion concerning a recommendation to the City Council on the Roadway Capital Improvement Plan; the associated Impact Fee; Land Use Assumptions; Water and Waste Water Capital Improvement Plans and the proposed Water and Waste Water Impact Fees. Presentation: Being the Advisory Committee to City Council regarding the Roadway Capital Improvement Plan, associated Impact Fee, Land Use Assumptions, Water and Waste Water Capital Improvement Plans and the Water and Waste Water Impact Fees, Director of Engineering/Public Works Ken Griffin advised the Commission of recent studies involving these areas and recommended various fee adjustments. RECONVENE INTO REGULAR SESSION: (Open to the Public) (9:09 p.m.) 10. Consider approval of making a recommendation to City Council concerning the Roadway Capital Improvement Plan and the associated Impact Fee. Presentation: Director of Engineering/Public Works Ken Griffin introduced the item to the Commission, showing slides that indicated roadway improvements currently constructed (some of the cost to be recouped through the implementation of the increased impact fee) and those that are slated within the next ten years. He then discussed how impact fees are calculated and recommended that the Roadway Impact Fee be set at $150 per service unit. Action: Commissioner McCaffrey made a motion to recommend the following to Council: 1) Approval of the Roadway Capital Improvement Plan. 2) The Roadway Impact Fee be set at $150 per service unit. 8 11. 12. Commissioner Milosevich seconded the motion; motion carried (5-0) with Commissioners Hall, McCaffrey, Foreman, Milosevich and Reese voting in favor; none opposed. Consider approval of making a recommendation to City Council concerning Land Use Assumptions, Water and Waste Water Capital Improvement Plans and the proposed Water and Waste Water Impact Fees. Presentation: Director of Engineering/Public Works Ken Griffin introduced the item to the Commission, showing slides of the 2005 Land Use and 2015 Build-out Land Use Plans, which are used to calculate the service unit fees for development. He then discussed the Water and Waste Water Capital Improvement Plan, depicting what is on the ground and operational, plus projects that are being proposed. He then discussed how these impact fees are calculated and recommended that the Water and Waste Water Impact Fees be set at $900 per service unit. Action: Commissioner Hall made a motion to recommend the following to Council: 1) Approval of the Land Use Assumptions. 2) Approval of the Water and Waste Water Capital Improvement Plans. 3) The Water and Waste Water Impact Fees to be set at $900 per service unit. Commissioner Reese seconded the motion; motion carried (5-0) with Commissioners Hall, McCaffrey, Foreman, Milosevich and Reese voting in favor; none opposed. General discussion concerning planning and zoning issues. A. Update on Council planning agenda action on July 12, 2005: a. Case No. S-1036-LI(CH), Gifford Hill Plant #4 (Southern Star Concrete), zoning change from the base zoning of HI to LI for S-1036 and allowing for the retention of the existing concrete batch plant on 5.5 acres of property located at 601 S.H. 121, west of Ace Lane. (Planning and Zoning Commission Called Public Hearing). b. S-1225-LI, Osburn Contractors, zoning change from LI to S-1225-LI to allow the operation of a temporary concrete batch plant for a time period not to exceed nine (9) months on 16 acres of property located at the northwest corner of Beltline and Airline Drive (Park West Commerce Center, Lot 2R-3, Block 2). c. Shadydale Acres, Lots 3R and 4R, Block C, Replat, being a replat of the north half of Tract 3 and the south half of Tract 4, Block C, to allow the construction of two single-family homes on 1.733 acres of property located at 132 and 136 Shadydale Lane. d. Case No. PD-205R-HC, Vista Ridge Addition, Lots 1BR-8X, Block D (The Plaza), zoning change from PD-205-HC to PD-205R-HC to amend the Planned Development to revise the Detail Site Plan to allow: a decrease in the number of buildings from 6 to 5 and number of parking spaces; an increase in the size of the total square footage from approximately 62,600-square feet to approximately 74,300-square feet, a modification of usage and revisions to the elevations for the proposed one- and two-story general and medical office buildings on 7.77 acres of property located along the north side of S.H. 121, approximately 670 feet east of Denton Tap Road. e. Case No. PD-203R-R, Nationwide Insurance, zoning change from PD- 203-R to PD-203R-R to amend the Planned Development to allow the construction of a 3,028-square-foot office building on 0.42 of an acre of property located at the southwest corner of Sandy Lake and Moore Roads. f. Stringfellow Addition, Lot 1R, Block A, Replat, (Nationwide Insurance), being a replat of Tract 1, Block A, to allow the construction of a 3,028-square-foot office building on 0.42 of an acre of property located at the southwest corner of Sandy Lake and Moore Roads. g. Case No. PD-108R6-H, Historic Coppell Properties, Ltd., zoning change request from PD-108-H and H to PD-108R6-H to amend the Planned Development and attach a Detail Site Plan to allow the development of two medical and office buildings totaling 33,108-square feet on approximately 3.3 acres of property located along the south side of Bethel Road, approximately 185 feet east of Coppell Road. h. Historic Coppell Properties, Ltd., Addition, Lots 1 and 2, Block 1, Minor Plat, to allow the development of a 16,687-square-foot medical and office building on Lot 1, containing approximately 1.6 acres of property, and platting Lot 2, containing approximately 1.6 acres, for development of a future 16,421-square-foot medical and office building in Phase Two, located along the south side of Bethel Road, approximately 185 feet east of Coppell Road. i. Ordinance for Case No. PD-210-SF-9(CH), Kaye Street, zoning change from SF-12 to PD-210-SF-9(CH). During the Pre-Session, Planning Director Sieb stated that the above-mentioned cases were presented to Council by City Planner Matt Steer and all were approved. Director' s comments: a. Reminder for those Commissioners whose terms expire September BOth - - the deadline to reapply is 5 p.m. Wednesday, July 27, 2005. Planning Director Sieb reminded the Commissions of the application deadline. With nothing further to discuss, the meeting adjourned at approximately 9:20 p.m. 10 Lee Foreman, Chairman ATTEST: Barbara Jahoda, Secretary 11