BM 2005-10-20 PZ Minutes of October 20, 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, October 20, 2005, in the Council Chambers of Coppell
Town Center, 255 Parkway Boulevard. Coppell, Texas 75019. The following members were
present:
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Commissioner
Lee Foreman
Anna Kittrell
Rick McCaffrey
Mark Borchgardt
Dornell Reese, Jr.
Matt Hall
Edmund Haas
Also present were Graduate Engineer Charlene LaMattina, 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)
Election of a Chairman of the Planning and Zoning Commission.
Commissioner Reese made a motion to nominate Lee Foreman for Chairman of the
Planning and Zoning Commission. Commissioner Borchgardt seconded; motion carried
(7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and
Reese voting in favor. None opposed.
Election of a Vice Chairman of the Planning and Zoning Commission.
Commissioner McCaffrey made a motion to nominate Anna Kittrell for Vice Chairman
of the Planning and Zoning Commission. Commissioner Borchgardt seconded; motion
carried (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell
and Reese voting in favor. None opposed.
Call to Order.
Chairman Foreman called the
member, Eddie Haas.
meeting to order,
welcoming the new
Commission
Approval of minutes dated September 15, 2005.
Commissioner Borchgardt made a motion to approve the minutes of the September 15,
2005, meeting, as written. Vice Chairman Kittrell seconded~ motion carried (7-0) with
Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting
in favor. None opposed.
PUBLIC HEARING: Consider approval of Case No. PD-103R2(CH), Lake Park
Addition, a City-initiated Public Hearing to consider amending PD-103 (Planned
Development-103) to consider for an increase in the maximum building height from
one- to two-and-a-half-stories (35 feet) on Lots 1-11, Block A, of the Lake Park
Addition located along the south side of Glen Lakes Drive (623 to 663 Glen Lakes
Drive).
Presentation:
Assistant Planning Director Marcie Diamond introduced the item to the Commission
showing exhibits, explaining that staff received a petition from six of the 11 homeowners
along the south side of Glen Lakes Drive requesting relief from the existing PD condition
that limits the development on their property to one-story homes. She stated that Council
placed this condition on this property prior to development due to concern being
expressed by property owners along Phillips Drive, noting that this one-story restriction
doesn't exist elsewhere in either the Lake Park or Parkwood residential subdivisions. She
said that staff placed a zoning change sign in the area, adding that 60 notices were sent to
property owners within 200', stating that one notice in favor and four responses in
opposition were returned to the Planning Department. Ms. Diamond then stated that staff
recommends approval of this request, subject to two conditions, which she read into the
record.
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:
Gail Head, 623 Glen Lakes Drive, Coppell, TX - initiated this petition, stating that it
has support of most neighbors along Glen Lakes Drive; however, she was unable to
speak with any Phillips homeowners after having left flyers at residences along
Phillips Drive.
Karen Stofer, 627 Glen Lakes Drive, Coppell, TX - stated support of this petition,
adding that residents at 635 and 663 Glen Lakes Drive also support this change.
Brian Stark, 639 Glen Lakes Drive, Coppell, TX - stated his support and the fact
that he was not aware of this restriction. He said that he spoke with a Phillips Drive
neighbor, who stated he had no opposition to this change.
Trent Sampson, 647 Glen Lakes Drive, Coppell, TX - stated support of this
amendment.
Mark Williamson, 659 Glen Lakes Drive, Coppell, TX - stated opposition,
mentioning the deed restriction that came with his title policy, which states this
restriction. He cited the reason he bought this lot and had his house built in 2000
was because of this restriction. If the Commission recommends approval of this
amendment, he asked that the Commission extend neighboring residences (those on
either side) the courtesy of restricting visibility to protect their privacy, as well.
Ms. Diamond stated that it is staff' s understanding that this is not a deed restriction.
Shara Chwaliszewski, 616 Phillips Drive, Coppell, TX - stated support for a second
story on homes along Glen Lakes Drive. She believes that her neighbors also have
no problem with this request.
Gail Head, 623 Glen Lakes Drive, Coppell, TX - stated that she understands Mr.
Williamson's desire for privacy, as well, but asked if he was aware that the people
behind him on Phillips would be allowed to add a second story to their house at any
time, thereby impeding on his privacy.
Karen Stofer, 627 Glen Lakes Drive, Coppell, TX - supports Mr. Williamson's
desire for the same courtesy of next-door neighbor privacy that he discussed.
Chairman Foreman closed the public hearing.
Discussion:
Discussion pertained to whom would be responsible for monitoring conditions placed on
this PD amendment (response: Building Inspection/Planning Departments), whether or not
neighbors on Glen Lakes Drive and Phillips have met to discuss this proposal, privacy
issues, concern that the City should support conditions placed on developments, concern as
to whether or not existing slabs could withstand the additional weight of a second story,
concerns as to how a potential homeowner becomes aware of this restriction, etc. The
petitioner was commended for coming to the City before securing plans and building an
addition.
Action:
Commissioner Hall made a motion to recommend approval of Case No. PD-103R2(CH),
Lake Park Addition, amending PD-103 (Planned Development-103) to allow an increase
in the maximum building height from one- to two-and-a-half-stories (35 feet) on Lots 1-
11, Block A, (623 to 663 Glen Lakes Drive), subject to the following conditions:
1) There is support from the homeowners on Phillips Drive.
2)
Second-story additions shall be designed in such a manner that there is no
visibility (from windows/balconies) into the homes/yards of the homes
abutting Phillips Drive and next-door neighbors along Glen Lakes Drive.
Vice Chairman Kittrell seconded the motion.
o
Ms. Head reappeared before the Commission stating that in her case, since their house
sits further back than other properties on her block and there is no visibility to
neighboring yards, would she be able to put windows in at a normal height? Chairman
Foreman offered that such a decision would have to be made when plans are drawn.
Planning Director Sieb stated that, in his opinion, it would be permissible for windows to
view the lake. It would be left to the building inspector to interpret this condition. As far
as windows to the rear, Commissioner McCaffrey offered that their architect should draw
a section which shows the fence line on the back and where the proposed windows would
be and show a visibility line. If the view were blocked to backyards, then it would be
acceptable. If it were not, adjustments would have to be made.
A vote then followed with Commissioners Hall, McCaffrey and Kittrell voting in favor;
Commissioners Borchgardt, Foreman, Haas and Reese voting in opposition. Motion
failed (3-4).
The petitioner was informed that if she wishes to appeal to Council, staff must be in
receipt of a letter stating her intentions within 15 days.
PUBLIC HEARING: Consider approval of Case No. PD-197R2-H~ Old Coppell
Townhomes, zoning change request from PD-197R-H (Planned Development-197
Revised-Historic) to PD-197R2-H (Planned Development-197 Revision 2-Historic) to
attach Detail Site Plans for Unit H (Lot 17, Block A) and Unit I (Lot 6, Block B), to
allow the development of two single-family homes, each on approximately 0.10 of an
acre of property along Mobley Way, at the request of Ron Robertson.
Presentation:
Planning Director Gary Sieb introduced the item to the Commission, showing exhibits,
describing both single-family units. He stated that 14 notices were sent to property owners
within 200 feet of this request, and one favorable response and none in opposition were
returned to the Planning Department, adding that staff recommends approval of this zoning
change.
The applicant was not present to appear before the Commission.
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.
Discussion:
There was no discussion.
Action:
Commissioner Reese made a motion to recommend approval of Case No. PD-197R2-H, Old
Coppell Townhomes, zoning change from PD- 197R-H to PD- 197R2-H, with no conditions.
4
go
Commissioner Borchgardt seconded the motion; motion carried (7-0) with
Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting
in favor; none opposed.
PUBLIC HEARING: Consider approval of the Wynnpage Plaza North~ Lot 1R~ Block
B~ Replat and Lots 2 and 3~ Block B~ Final Plat~ to allow the reconfiguration of a fire
lane and mutual access easement on Lot IR, containing .68 of an acre of property, the
development of an approximate 16,000-square-foot two-story building on Lot 2,
containing 1.10 acres of property, and an approximate 3,500-square-foot one-story
office building on Lot 3, containing 1.13 acres of property located along the west side
of Denton Tap Road, approximately 180 feet north of Wynnpage Drive, at the request
of Greg Yancey.
Presentation:
City Planner Matt Steer introduced the item to the Commission, showing exhibits,
reviewing the platting and Site Plan history of this property. He discussed what is being
proposed with the realigned fire lane/mutual access easement and explaining that the
northern property will now be a separate lot, thus creating a need for a cross-parking
agreement. Mr. Steer then described the variances pertaining to setback and perimeter
landscape requirements to be requested from the Board of Adjustment. He then stated that
staff recommends approval of this request, subject to five conditions, which he read into the
record.
Chairman Foreman complimented staff on the quality of exhibits presented to the
Commission and Council. He then asked if anyone from the Planning Department plans to
appear before the Board of Adjustment to assist with the variance process. Mr. Sieb stated
that he has done this in the past but the Chief Building Official, who attends all the
Development Review Committee meetings, is well-versed in all cases and presents cases to
the BOA. He stated that if instructed, he would attend.
The applicant was not present.
Discussion:
There was some discussion regarding the access easement on the north side, whether or not
a Special Use Permit would be required if a restaurant were to go in one of the buildings,
there being sufficient parking, 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. No one
spoke.
Chairman Foreman closed the public hearing.
Action:
Commissioner Hall made a motion to recommend approval of the Wynnpage Plaza
North, Lot 1R, Block B, Replat and Lots 2 and 3, Block B, Final Plat, subject to the
following conditions:
1) Revise vicinity map to reflect entire property being platted.
2)
Submit verification if the Board of Adjustment grants the following
variances to the Zoning Ordinance:
a. Deleting the perimeter landscaping requirement for Lots 1 and 2,
Block B.
b. Allowing a minimum 1 l'-side yard setback for Lot 2, Block B.
c. Allowing a minimum 1 l'-front/side yard setback for Lot 1, Block B.
3) Provide a cross-parking agreement between these two properties.
4)
Submit revised Site and Landscape Plans with proposed lot lines shown, if
approved through the Board of Adjustment process.
5) Compliance with the attached Engineering comments
Commissioner Reese seconded the motion; motion carried (7-0) with Commissioners
Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor; none
opposed.
Chairman Foreman suggested that the Planning Director write a letter to Greg Jones
regarding the necessary variances that will go before the Board of Adjustment.
Having filed a Conflict of Interest Affidavit with the Planning Secretary, Commission Hall
excused himself from the next case.
9. Consider approval of the Natches Trace Addition~ Lot 1~ Block C~ (Town Center
Bank) Site Plan Revision, to allow the construction of a dumpster enclosure to serve
the existing 8,867-square-foot bank facility on 1.550 acres of property located along the
east side of Denton Tap Road, approximately 300-feet south of S.H. 121, at the request
of Craig Garcia, The SLI Group, Inc.
Presentation:
City Planner Matt Steer introduced the item to the Commission, showing exhibits. After
discussing the site location, Landscape Plan modification screening wall elevation, etc., he
stated that staff recommends approval of this request, with no conditions.
The contractor indicated that he would be available for questions.
Discussion:
There was no discussion.
Action:
Commissioner Borchgardt made a motion to recommend approval of the Natches Trace
Addition, Lot 1, Block C, (Town Center Bank) Site Plan Revision, to allow the
construction of a dumpster enclosure, with no conditions. Commissioner McCaffrey
10.
11.
seconded the motion; motion carried (6-0-1) with Commissioners Borchgardt,
McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor; none opposed.
Commissioner Hall did not participate in the hearing.
Commissioner Hall rejoined the Commission.
Consider approval of the Vista Ridge, Lot 1, Block K, Plat Vacation, to vacate this plat
as recorded in Cabinet U, Page 351 of the Map and Plat Records of Denton County,
Texas, on the 18th day of April 2002, to allow for the recording of the Final Plat for the
Villas at Lake Vista, Phase 1.
Presentation:
Assistant Planning Director Marcie Diamond introduced the item to the Commission,
explaining the need for this vacation. After giving a brief history of the subject property,
Ms. Diamond stated that staff recommends approval, subject to one condition which she
read into the record.
The applicant was available for questions.
Discussion:
There was no discussion.
Action:
Vice Chairman Kittrell made a motion to recommend approval of the Vista Ridge, Lot 1,
Block K, Plat Vacation, subject to the following condition:
1)
The Final Plat for the Villas of Lake Vista, Phase 1, shall be filed at
the time that the plat vacation is filed with Denton County.
Commissioner Borchgardt seconded the motion; motion carried (7-0) with
Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting
in favor; none opposed.
General discussion concerning planning and zoning issues.
A. Update on Council planning agenda action on October 11, 2005:
a. Old Coppell Townhomes, Lot 10P,, Block A, Replat, to
allow the
abandonment of a 5' access easement on the east side of Lot 10, 518
Mobley Way.
Case No. S-1229-LI, Kidz Muze, zoning change request from L! to S-
1229-LI, to allow the operation of an indoor recreation/entertainment
center to be located at 989 W. Sandy Lake Road.
Case No. S-1230-C, The Dinner Station, zoning change request from C
to S-1230-C, to allow the operation of a food-assembly center to be
located at 757 S. MacArthur Road (Coppell Crossing).
Case No. S-1228-C, Coppell Montessori Academy, zoning change
request from C to S-1228-C, to allow the construction of a day care
facility on 1.68 acres of property located along the north side of Fitness
Court, approximately 250-feet west of Denton Tap Road.
Denton Tap Development, Lot 3, Block A, Minor Plat, to allow the
construction of a day care facility on 1.68 acres of property located along
the north side of Fitness Court, approximately 250-feet west of Denton
Tap Road.
Ordinance amending the Land Use Plan of the 1996 Comprehensive
]Plaster Plan from Neighborhood Retail to Historic on 3.2 acres of
property along the south side of Bethel Road, east of Freeport Parkway
and a zoning change for Case No. ZC-618(CH) from R to H, to expand
and incorporate 3.2 acres of property along the south side of Bethel
Road, east of Freeport Parkway into the designated Historic district.
Ordinance for Case No. PD-211-S-1226-H, Hard Eight Pit Bar-B-Q
Restaurant with Private Club, zoning change from R to PD-211-S-1226-
H, to attach a Detail Site Plan to allow the development of a 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.
A nine-month extension to the expiration date of the Beltline Trade
Center, Lot 1, Block 1, Minor Plat, to allow the development of a
warehouse distribution building on 27.072 acres of property located
along the north side of Beltline Road, approximately 1,000 feet east of
North Lake Drive.
Ordinance for a text amendment to delete Article 26, Sections 12-26-0
through 12-26-7, HI district and any other reference in Chapter 12,
Zoning, of the Code of Ordinances.
Ordinance for a text amendment to Chapter 12, Zoning, of the Code of
Ordinances, Article 30, Sections 12-30-4, A district; 12-30-5, SF-ED;
and 12-30-12, LI district, to require a Special Use Permit for a temporary
batch plant maintained in excess of one hundred and eighty (180) days.
During the Pre-Session, Planning Director Sieb stated that Council approved all the
above-mentioned items.
Director' s comments:
a. Reminder of a training workshop for Planning and Zoning
Commissioners offered by the North Central Section of the American
Planning Association/Texas to be held at the City of Allen Public
Library, 300 N. Allen Drive, Friday, November 11, 2005, from 7:30 a.m.
- 4:30 p.m.
b. Invitation to Commissioners and their families to attend the
community's 50th anniversary celebration to be held at Andy Brown
Park East on Saturday, October 29th from 5-10 p.m. The Hard Eight
BBQ restaurant will cater dinner consisting of brisket/sausage for $4
each.
Planning Director Sieb asked that Commissioners respond to the training invitation
by Friday, October 28th. He then invited everyone to the City's 50th anniversary
celebration at the park on Saturday, October 29th.
A warm welcome was extended to the new Commission member, Eddie Haas.
Congratulations were offered to the Chair and Vice Chair on their re-elections.
With nothing further to discuss, the meeting adjourned at approximately 7:50 p.m.
Lee Foreman, Chairman
ATTEST:
Barbara Jahoda, Secretary