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BM 2006-07-20 PZ Minutes of July 20, 2006 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 20, 2006, in the Council Chambers of Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chair Lee Foreman Vice Chair Anna Kittrell Commissioner Edmund Haas Commissioner Matt Hall Commissioner Dornell Reese, Jr. Also present were Director of Engineering Ken Griffin, Assistant City Engineer Keith Marvin, Fire Marshall Tim Oates, Director of Planning Gary Sieb, Assistant Director of Planning Marcie Diamond, City Planner Matt Steer and P&Z Secretary Linda Gatlin. PRE-SESSION (Open to the Public) 1. Briefing on the Agenda. Staff briefed the Commission on the cases and actions taken by Council on July 11, 2006. REGULAR SESSION (Open to the Public) 2. Call to Order. Chairman Foreman called the meeting to order at approximately 6:45 p.m., apologizing to the audience for the delay. 3. Approval of minutes dated June 15, 2006. Commissioner Haas made a motion to approve the minutes of June 15, 2006. Commissioner Hall seconded, with Commissioners Hall, Foreman, Haas, Kittrell and Reese voting in favor. None opposed. Motion carried (5-0). 4. PUBLIC HEARING: Consider approval of Case No. PD-208R-LI. Coppell Trade Center, zoning change request from PD-208-LI (Planned Development-208-Light Industrial) to PD-208R-LI (Planned Development-208 Revised-Light Industrial) to approve Detail Plans for three office/warehouse buildings (Buildings A and Beach containing approximately 150,500 square-feet and Building D containing approximately 117,737 square-feet) on approximately 27.8 acres of property located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, at the request of Brian Degravelle, Merriman Associates/Architects. Page 1 of 15 Presentation: City Planner Matt Steer said this property was directly across from Amber Point, which is currently under construction. This proposal is for Phases II and III. Phase I has already been constructed. Mr. Steer said this proposal consists of 117,700-square-feet in Phase II, 148,000-square- feet was previously approved and constructed. The tree mitigation has been divided into two payments with the final payment to be paid after construction of Phase II or within five years whichever comes first. The Phase II Landscape Plan is required to have 108 trees and the plan shows 207 trees. He said Phase III has two buildings, each proposed to contain 150,OOO-square-feet. The Phase III Landscape Plan meets the minimum requirements with 255 trees. Staff has worked with the applicant to enhance the elevations, entrances and add building articulations. Staff is recommending approval, subject to the following conditions: 1) Include additional fenestration along the south elevation of Building D and show sign areas on all buildings. 2) Comply with the attached Departmental Comment Sheet. 3) Tree Mitigation Fee in the amount of $120,000 was agreed to be paid in two phases of $60,000 each, payable prior to the issuance of C.O. for each phase, or in full within five years. Phase one tree mitigation was paid on 2/15/06. 4) On the Site Plan, Reference detail of monument sign as "See elevations Building D" in place of"RE: 11/A1.02". 5) Revise the floor area ratio to reflect the floor area of the building per same unit of site area. 6) Revise inconsistencies in eastern fire lane easement shown on the plat and all other plans. 7) RectifY inconsistencies between what is shown in the landscape tabulations and the plant list (quantities and size). 8) Revise perimeter landscaping note to read that one tree is required per 40 linear feet along Sandy Lake. Discussion: Commissioner Haas asked if there was any consideration for fenestration for the north side of the building, as the extension of Freeport Parkway will create a secondary gateway to Coppell. Mr. Steer said that that was not considered during the review process, but if the applicant is willing to put additional windows at the entry along the north elevations of those two buildings and possibly including a screening wall for the dock doors, then staff would be in support. Page 2 of 15 Brian DeGravelle, Merriman Associates Architects, 300 N. Field Street, Dallas, Texas- was present to answer questions on behalf of this case. He said he was in agreement with everything on the list of staff conditions and would be happy to work with staff on the additional fenestration along the north side of the building. Public Hearine:: Chairman Foreman opened the Public Hearing, asking for anyone to come forward to speak either in favor or opposition; no one spoke. Chairman Foreman closed the Public Hearing. Action: Commissioner Kittrell made a motion to approve Case No. PD-208R-LL Coppell Trade Center, subject to staff conditions and with the understanding the applicant will work with staff to incorporate additional fenestration at the north end of the building. Commissioner Haas seconded, with Commissioners Hall, Foreman, Haas, Kittrell and Reese voting in favor. None opposed. Motion carried (5-0). 5. PUBLIC HEARING: Consider approval of Coppell Trade Center. Lot 1R. Block 1. Replat, to revise the location of fire lanes and utilities to allow the construction of three office/warehouse buildings, on approximately 40.6 acres of property located along the north side of Sandy Lake Road, between Northpoint Drive (extended) and the extension of Freeport Parkway, at the request of Brian Degravelle, Merriman Associates/Architects. Presentation: City Planner Steer said this is the companion case to Item #4. He indicated the location of the proposed drainage, utility and electric easements. He mentioned that the applicant is proposing to relocate the existing electric easement. Staff is recommending approval, subject to the following conditions: 1) Contact Jeff Curry at 972-888-1330, to discuss easement requirements. 2) Replace "date of approval" with "date" in the Planning and Zoning Commission Chairman signature block. 3) Replace the approval date with a blank in the City Secretary's signature block. 4) Additional comments may be generated upon detailed engineering review. Public Hearine:: Chairman Foreman opened the Public Hearing, asking for anyone to come forward to speak either in favor or opposition; no one spoke. Chairman Foreman closed the Public Hearing. Discussion: There was no discussion. Page 3 of 15 Action: Commissioner Reese made a motion to approve Coppell Trade Center, Lot lR, Block L Replat, with staff conditions. Commissioner Hall seconded, with Commissioners Hall, Foreman, Haas, Kittrell and Reese voting in favor. None opposed. Motion carried (5-0). 6. Consider approval of Freeport North. Lot 3CR. Quill Corporation. Site Plan Amendment, to allow the construction of a 33,000-square-foot building addition to the rear of the existing 146,000-square-foot office/warehouse building, providing for the extension of the fire lane and additional landscaping, on 9.5 acres of property located at 440 S. Royal Lane, at the request of Greg Daspit, Mayse & Associates. Presentation: City Planner Steer said the property is located to the southeast of the Duke property (Citi Financial building). He said there are 150 existing parking spaces and the fire lanes are to be extended to encircle the building. He said there are 76 existing trees larger than 3- inch caliper and 23 trees will be added to infill the existing landscape areas along the east side. Mr. Steer said the elevations would basically remain the same; only the building will be extended to add 33,300 square feet and six dock doors to the north. Staff is recommending approval, with no outstanding conditions. Greg Daspit, 2611 Fall Creek Dr., Carrollton, Texas, Mayse & Associates, was present to answer questions from the Commission. Roland Lucero - 440 S. Royal Lane, Coppell, Texas, Quill Corporation, was present to answer questions from the Commission Discussion: Commissioner Haas had a question about the variance given in the 1990s with regard to parking. He wanted to know if there had been questions or concerns raised by citizens due to lack of parking. Mr. Steer said there had not. Chairman Foreman voiced a concern with regard to the all the trucks pulling across the corner of the entrance into the property. Mr. Lucero said he was working with landscape maintenance to get three large, decorative boulders to protect the corner. He said he was also getting the sprinklers rerouted. Director Sieb said this condition could be seen around the city, and the responsibility is with the truck driver. Action: Commissioner Hall made a motion to approve the Freeport North. Lot 3CR, Quill Corporation, Site Plan Amendment, with no outstanding conditions. Commissioner Haas seconded, with Commissioners Haas, Foreman, Haas, Kittrell and Reese voting in favor. None opposed. Motion carried (5-0). Page 4 of 15 7. PUBLIC HEARING: Consider approval of the Freeport North. Lot 3CR. Quill Corporation. Replat, to extend the fire lane and establish additional utility easements to allow the construction of a 33,000-square-foot building addition to the rear of the existing 146,000-square-foot office/warehouse building, on 9.5 acres of property, located at 440 S. Royal Lane, at the request of Greg Daspit, Mayse & Associates. Presentation: City Planner Steer said the applicant was proposing to extend the fire lane easement and proposing a water line easement along the south boundary of the property. At the northeast corner of the plat there is a fire lane to be abandoned. Staff is recommending approval, subject to the following conditions: 1) Include a vicinity map on the first sheet. 2) Additional comments may be generated at the time of final engineering review. 3) A Construction Development Permit will be required. Public Hearine:: Chairman Foreman opened the Public Hearing, asking for anyone to come forward to speak either in favor or opposition; no one spoke. Chairman Foreman closed the Public Hearing. Discussion: There was no discussion. Action: Commissioner Kittrell made a motion to approve Freeport North. Lot 3CR. Quill Corporation, Replat, with staff conditions. Commissioner Reese seconded, with Commissioners Hall, Foreman, Haas, Kittrell and Reese voting in favor. None opposed. Motion carried (5-0). Commissioner Hall left the Council Chambers. 8. PUBLIC HEARING: Consider approval of Case No. PD-214-TH-1. TH-2. C and SF -9. The Elline:ton, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family-9) to PD-214-TH-1, TH-2, C and SF-9 (Planned Development- 214-Townhouse-1, Townhouse-2, Commercial and Single-Family), with a Concept Site Plan to allow the development of 128 townhouse units (67 TH-1 units on approximately 11.6 acres of Tract A.1 and 61 TH-2 units on approximately 7.5 acres of Tract A.2); Commercial uses on Tract A.3 (approximately 2 acres) along Sandy Lake Road; and on Tracts A.4 and A.5 (4.4 acres) along Denton Tap Road; SF-9 on 3.6 acres for park/open space, on Tract B for a total of approximately 29.05 acres of property located south of Sandy Lake Road, and west of Denton Tap Road, at the request of Matthew Alexander, Dowdey, Anderson & Associates, Inc. Page 5 of 15 Presentation: Director of Planning Gary Sieb stated the applicants are asking for a change of zoning from Commercial, Retail and SF-9 to PD-214, which would actually be Townhouse 1, Townhouse 2, Commercial and leaving the SF-9 for an open space/park area. Mr. Sieb showed the proposed zoning exhibits. The property contains roughly 29 acres and the proposal would change approximately 19.3 acres of the property from Commercial and Retail zoning to Planned Development for 128 townhouses. It would leave 3.3 acres at the southwest corner of the property for common open space and roughly 6 acres, 4 along Denton Tap, 2 along Sandy Lake Road for future commercial/retail or maybe office-type development. Breaking down this entire project into its component parts, Tract A.l would contain 67 units, on roughly 11.6 acres of property. Tract A.2 would contain 61 units on approximately 7.5 acres. That is a total of 128 units, and depending on how the density is figured, it is somewhere between 6.5 and 6.95 dwelling units per acre. Basically, it is at least 6.5 units, maybe almost 7. Mr. Sieb explained that he compared this piece of property with residential development around the proposed property. Objective One of The Comprehensive Plan, which was approved by the Commission and Council sometime ago for residential development to occur, needs to encourage compatible development in areas between neighborhoods. To be compatible, it needs to be similar, including density. Director Sieb explained in detail the main concerns staff has with this particular property: . Densitv - This proposed development was compared with several similar developments. Georgian Place was developed at a density of roughly 3.9 units per acre. Whispering Hills is a very low-density residential property, roughly 2.5 units per acre. Shadowridge, which is roughly 3.6 units per acre, is a much larger subdivision. And finally, Wynnpage has roughly 3.7 units per acre. Staff looked at The Ellington and what is actually being proposed is somewhere between 6.5 and 7 units to the acre; staff says 6.9 for purposes of illustration. . Maximum heights permitted - The units at Georgian Place, Whispering Hills, Shadowridge and Wynnpage have a maximum height of 35 feet. The commercial establishments on Denton Tap Road are limited to 2.5 stories or 35 feet as well as the property along Sandy Lake Road. This project has a three-story, 46-foot height limitation (measured basically, one-half up the gable). It does not seem to fit with the rest of the community. The one-story townhouses would generally be at the ends of the complexes. Staff is concerned with the bulk or the massing of these structures being 45 or maybe 50 feet in the air. . Alley access units - Staff has a concern with the alley access units. It shows the garage to be 5 feet off the alley right-of-way itself. The alleys appear to be 20- foot-wide alleys, but Staff has grave concerns with regard to maneuvering in and out the garage. . Potential Owners of the Townhouses - Applicant indicated one of the reasons for this project was to be marketed to "empty nesters." This would mean less of a Page 6 of 15 house, less maintenance and would be more attractive to older people or retirees. The number of stairs within these townhouses indicate there may be a marketability for a different type of owner. . Circulation - There are objections from Planning, Fire and Engineering Departments with regard to the unsatisfactory circulation pattern. Staff feels there needs to be two points of access, each for Wynnpage and the proposed Ellington property, and the extension of Tealwood is recommended. · Flat Lots or "Dog Leg" Lots - From an accessibility for emergency vehicles and fire protection safety standpoint, Staff feels the flag lots are not a proper way to plat and this proposal would need to be modified. . Tree Mitigation - This site is covered with trees. Applicant has proposed the 3.3 acres at the southwest corner be preserved an open space and be used to fulfill the tree mitigation requirements. Staff does not support that proposal. . Landscaping and Screening Details - The plan presents problems with the very narrow lots. Water meters, utility facilities and other required utilities do not show on a landscaping plan. Staff has concerns that upon completion, the property would be overcrowded with these facilities. . Floor plans - A variety of floor plans were submitted. Some of the units are 3 and 4 bedroom units. Other units have a bonus room behind the garage that could accommodate a variety of uses: library, computer room, another bedroom, etc. Staff has concerns with regard to the school district and overcrowding. These units appear to be large units, which could accommodate large families. Staff is recommending DENIAL of this request, based on the following: 1) It is too dense; 2) it ignores most of the City's development guidelines; 3) it does not provide satisfactory circulation; 4) it creates serious health, safety and public welfare issues; 5) it does not reflect community life style values; and 6) it disregards the adjacent residential development patterns. A substantially lower density product, more closely aligned with our current development standards and respectful of the adjacent residential communities, is encouraged for this site. Bill Anderson, Dowdey Anderson and Associates, 5225 Village Creek Drive, Suite 200, Piano, Texas 75093, a resident of Coppell, was present to represent this case before the Commission and to answer questions. Mr. Anderson owns an engineering firm as well as a land development company. Mr. Anderson introduced Mr. Alexander and Mr. Ash and proceeded to explain some of the history of this piece of property and the misrepresentations. Mr. Anderson said what they want to do is create two different, high- end products. One product is an alley-served concept. The three-story units were purposely designed without an alley because of the denser area of premium trees. The applicant is trying to offer two different life styles. Page 7 of 15 Mr. Darron Ash, JDB Real Estate Investors, 832 DeForest Road, Coppell, Texas 75019, was present. Mr. Ash is a developer in this community and has lived in Coppell over 16 years. Mr. Ash had several points to discuss. One point was the medium density residential designation on The Comprehensive Plan and he stated his disagreement with the interpretation of the density (4-12). The second point was the 3.3-acre triangle, which was left out in the density calculations. He wanted the 3.3 acres to be calculated in, which would equal 5.75 units per acre. He disagreed with the tree mitigation requirements because of the desire to work around some of the big trees. He wanted to dispel any rumor about clear-cutting the trees. Mr. Ash spoke of a meeting with the residents of Wynnpage, saying they were adamantly opposed to any connection into their subdivision, of which he was in agreement. He spoke on the issue of who would purchase the townhomes, saying no one knows who would buy anything. Mr. Ash said his group tried to design a very high-quality elevation; a nice looking product. He said the property is currently zoned Commercial and he would not like to see another shopping center built on this piece of property. Mr. Ash said, in his opinion, what is needed at this intersection is disposable income, which would be generated by residential development. Matthew Alexander, Dowdey Anderson and Associates, 5225 Village Creek Drive, Suite 200, Piano, Texas 75093, an engineer, was also present to answer questions with regard to this project. He made a slide presentation as well as showed large color drawings to illustrate the intention of the developers. Mr. Alexander said the process began last October with the process of surveying trees. The developers wanted to preserve the trees and create a unique community. The idea was to present a buffer with the proposed open space between the existing and proposed communities. Mr. Alexander proceeded to explain how and why the townhouses were designed and placed for people to have private space and buffering from retail and commercial/office space. He said he attended the meeting with the residents of the Wynnpage subdivision and received a very positive response. Mr. Alexander attended the DRC meeting and it was his understanding that if a second point of connection was provided to Denton Tap, which would suffice and would not have to connect to Tealwood. In summary, Mr. Alexander said two points of access have been provided, the looped water line has been provided and they have made a strong attempt to make everybody happy and create a wonderful community for the City of Coppell. Public Hearine:: Commissioner Foreman opened the Public Hearing, asking for those residents wishing to speak in favor or opposition, to come forward. Gina Calabro, 116 Hearthwood Drive, Coppell, TX - Ms. Calabro said her house backs up directly to the proposed property, has lived here 13 years and has survived very well with one way in and one way out. Her concern is for the welfare and security of the children. The thing she liked most about the plan was that it did not cut into her subdivision. Her main concern was the three-story townhouses and she could not imagine an "empty nester" wanting to walk up Page 8 of 15 three stories. Ms. Calabro said she was a homeowner and was unhappy about the applicant's notification to residents of Wynn page for the neighborhood meeting. Glenn Harvey, 133 Wrenwood, Coppell, TX - Mr. Harvey did have an opportunity to go to the meeting with developers. He said he was pleased to see that the developer came to the neighborhood and presented it and answered questions. He said he was most pleased to see that a couple of the developers were Coppell residents so he was convinced that the quality would be excellent. Mr. Harvey said he was not sure the three-stories could be seen from his neighborhood due to the trees. He said he was concerned about what could be built in that neighborhood as it is currently zoned. He said he thought this was a good comprise. Mr. Harvey understood this to be a $250,000 - $400,000, high- end residential proposal, and would bring in the kind of residents he would like to see moving into or staying in Coppell. He said he was impressed to see the way the developers went to great pains to save the trees and develop the intersection. Mr. Harvey favors the plan. Jeannine Luenser, 120 Hearthwood Drive, Coppell, TX - Ms. Luenser said she is very concerned about the three-story townhouses. She lives in a two-story close by the green area. She said she did not understand why a three-story building was needed. Ms. Luenser said there was a sign put up for a very short time regarding the forthcoming meeting and it did not mention the subject matter. Paul Shea, 259 Tealwood, Coppell, TX - Mr. Shea said he started the homeowners association back in 1992. He would have been at the meeting but the board failed to post the sign 10 days prior to the meeting. Mr. Shea proceeded to give some history on this piece of property. He wanted to make clear that several subdivisions have been built since Wynnpage having only one entrance. The problem he sees is with the three-story townhouses. He said the rule of thumb had always been for building two-story units. Mr. Shea wanted to know why a two-story could not be built to conform to what was already being done. He said it comes down to square footage and economics. He said it was going to be "gawky" looking from Wynnpage to see a three-story building. Mr. Shea said he would like the City to stand behind what has been done since Coppell has been built. He was also very opposed to cutting Tealwood through to Sandy Lake. Mr. Shea went on to say that the developers did a beautiful presentation and the plan looks great but needs modifications. George Neumeier, 131 Wynnpage, Coppell, TX - Mr. Neumeir said he had an opportunity to see the developer's presentation and he congratulated them as being very professional. He said he had lived in Coppell since 1991 and the reason he moved here was because he was told it was a great family community of single-family homes. He said his only criticism is the density of the development being too high. Mr. Neumeir said that Lewisville and Irving are on some kind of an "apartment morphine drip." He hopes the Commission would take this into consideration. Page 9 of 15 Greg Dunn, 140 Georgian Dr., Coppell, TX - Mr. Dunn said he just want to echo what Mr. Neumeir just said. Also, the only time he ever heard the word "school" mentioned was in the City's presentation, and he believes there will be another situation with the Wilson school. Mr. Dunn said this is "supply and demand" and would much rather see single-family dwellings. He said he is against the cut- through and gave an example of Whispering Hills to Sandy Lake being a racetrack. He said he would like more consideration to lower the density. Noble Fortson - 224 Plantation Dr., Coppell, TX - Mr. Fortson said he is not an immediate neighbor of the proposed development, but sympathizes with those who are, and their concerns about the three-story townhouses, the possible cut- through, and the high density. He said he thinks those are serious concerns that make this an unacceptable rezoning request. More generally, he was a member of the Great Alignment Committee that did the studies on the high school planning and it was very clear that those plans and those of the City in general were dependent on no major rezonings of Commercial to Residential in the City. Mr. Fortson would urge the Commission to reject the proposal prematurely before City Council because this is completely out-of-line with the planning that was done for the schools and City to manage enrollment. He believes this proposal to be a high-density project and a lot of people are "crammed" into that space. Mr. Fortson recommended leaving the single-family part of it alone. His preference is to rezone it to Commercial and let it develop that way. That is in the best interest of the schools, the City and the long-range development. Chairman Foreman thanked those individuals that came forward to share their thoughts and opinions, he thanked the staff, the developer, the architect and everyone involved. He said they were quite interesting and informative. Chairman Foreman closed the Public Hearing. A five-minute break was observed. Discussion: Chairman Foreman said that he was going to open the meeting to have a series of questions from the Commission. The procedure would be that each commissioner would take a period of time for questions of the developer, Mr. Sieb or Mr. Griffin. The Commissioners would go through their list of questions and then give the developer an opportunity to ask questions of the staff or vice versa. Following the questions and answers, and when it seemed the discussion had effectively progressed to a point, the Commissioners would try to make a recommendation. At this point, each commissioner asked their questions and was answered either by staff, developer or engineer. Ken Griffin, City Engineer, stated that if the circulation patterns of The Ellington and Wynnpage were connected and there was an access point onto Denton Tap across from Braewood Drive, there would be a greater potential for a traffic light at this location. Page 10 of 15 Action: Commissioner Kittrell made a motion for a Positive Denial of Case No. PD-214-TH-l. TH-2. C and SF-9. The Ellington, due to critical issues, such as density, tree mitigation, the cut-through, the traffic, the "dog legs," circulation, etc. Commissioner Haas seconded. The Commission discussed at length the varied ways to handle this case and the following suggestions were made: . A suggestion was to DENY and let the case go forward to Council. This was not a viable solution to the applicant, as it would give the wrong message. . A suggestion was to APPROVE, but with the stipulations that staff concerns were to be met. This was not a viable solution for staff as there were numerous conditions that were not clearly defined. . Finally, a suggestion was made to CONTINUE the case and for the ap~licant to work with staff to resolve the issues and then come back to the August 17t Planning and Zoning Commission meeting. Commissioner Kittrell made a motion to withdraw her first motion (agreed to by Commissioner Haas who seconded the motion) on Case No. PD-214-TH-l, TH-2, C and SF -9. The Ellington, and to TABLE this case until August 17th, with the public hearing left open, in hopes the developer would positively address issues discussed at this meeting. Commissioner Haas seconded, with Commissioners Foreman, Haas, Kittrell and Reese voting in favor. None opposed. Motion carried (4-0). Commissioner Hall returned to the Council Chambers. 9. PUBLIC HEARING: Consider approval of Case No. PD-215-LI. Victron Enere:v, zoning change request from LI (Light Industrial) to PD-215-LI (Planned Development-215-LI) to allow the development of a 4,248-square-foot convenience store, 1,414-square-foot restaurant and a 5,104-square-foot canopy over six gas pumps on 1.68 acres of property within the City of Coppell and an additional 0.66 acres of lease area (DFW Airport Land outside of Coppell City Limits) located south of LBJ (IH 635), east of Royal Lane, at the request of MA Engineering. Presentation: Assistant Planning Director Diamond stated this property is the only tract of land within the city limits of Coppell, that is south of IH-635, that is not part of the Dallas/Fort Worth Airport land holdings. The applicant is requesting to develop this property for a 5,662-square-foot convenience store/restaurant, with a 5,000-square-foot canopy over six gas pumps, served with a fire lane encircling the building. Ms. Diamond said this development presents several issues: . The original property was not large enough to support these issues. The prospective purchasers of the property are in negotiations with the Real Estate Department of DFW to lease approximately two-thirds of an acre of additional property. City of Coppell staff and DFW Airport Real Estate Department personnel are in agreement to base conditional approval on the other. Page 11 of 15 . There are some major utility issues: a 12-inch water line will need to be bored under IH-635 to allow enough water for domestic and irrigation; an on-site disposal sewage disposal system will be subject to TCEQ approval and with the environmental offices of the city and airport; and a drainage issue which will need to be coordinated with TxDOT due to a usage of a TxDOT right-of-way. . There is long-standing billboard on the property. This billboard is a legal, non- forming use. The City Attorney advised that it is reasonable to request the applicant to "cure" this non-conforming use as the property is developed. . The elevations are not typical of retail developments in Coppell. Staff IS recommending this be redesigned to be more in conformance with the community. Staff is recommending approval, with the following conditions: 1) Submit evidence of all required approvals from the DPW Airport Board as they relate to the "Lease Area" prior to the issuance of any permits from the City of Coppell. 2) Provide a copy of all-necessary permits and documentation from TCEQ for the proposed on-site sewage disposal system. 3) Provide a copy of all-necessary permits and documentation from TXDOT allowing for drainage and utility construction in their right-of-way and under the existing overhead lines. 4) Removal of the billboard prior to the issuance of a building permit. 5) Submission of written confirmation from TXU that all uses as proposed on the site plan are permissible within their easement. 6) Landscape Plan must signed by the Landscape Architect who sealed the plan, and notes need to be corrected. 7) Revise the building design to reflect the retail standards in the City of Coppell. 8) Resolve the discrepancies in the notes for the attached signage, and assure compliance with the Sign Ordinance. 9) Corrected mitigation calculations and a tree removal permit will be required prior to the removal of any trees. Mike Alturk, MA Engineering & Construction, 1120 S. Freeway, Suite 118, Fort Worth, Texas, was present to represent this case and to answer any questions (engineer and applicant). Richard King, MK Planning (architect), 5206 Woodmeadow Dr., Garland, Texas, was present to represent this case and to answer any questions. Mr. King gave extensive information on the background of Victron Energy. He said the proposed store is over 5,000 feet and is not just your standard gas station. There would be glass across the front and have a tower, not just 8' ceilings. He said the appearance of this building would be associated with the warehouse and industrial buildings to the south. Mr. King said all staff conditions could be met except the billboard. The owner of the property wants to retain the billboard and is making the billboard issue a possible "deal breaker." Page 12 of 15 Public Hearine:: Commissioner Foreman opened the Public Hearing, asking for those residents wishing to speak in favor or opposition, to come forward. Noble Fortson, 224 Plantation Drive, Coppell, Texas - Mr. Fortson said that he was concerned that the proposal requires a septic system. He questioned whether the billboard issue was really a "deal breaker." Mr. Fortson also wanted to know what was wrong with leaving the property vacant; why does it have to be developed at all. Discussion: The Commissioners had several questions for Mr. King, primarily on the issue of the billboard. Ms. Diamond was asked about the direction the City Attorney has given and she said that once the property is rezoned, the opportunity presents itself to cure this non- conforming issue. Ms. Diamond also said the rezoning issue goes from a Light Industrial district to a PD for light industrial uses. Mr. Sieb told the Commission that with whatever action is taken on the case, the billboard is illegal today. Mr. King said he would work with Staff on the elements and massing of the design, but wanted to retain the "look" of what has been done in the past with other properties. He did not want to have the retail standards of Denton Tap enforced upon a design that is associated with the freeway frontage. City Engineer Ken Griffin spoke to the design of the septic system. He said that if the proper system is maintained at this location it should work fine. Mr. Mike Alturk, the engineer on the project, said that he has worked with TXU, TxDOT and TCEQ to get the system permitted, which is a requirement of the City of Coppell as well as DFW. He did speak with some utility contractors and one contractor indicated some difficulties with the length of the bore and the number of utilities already on the northside of the freeway and also with the location of where to bore the water line under LBJ on the east side of Royal. He said it was going to be pretty tight and difficult to install another utility due to the fact that there is fiber optic. Action: Commissioner Hall made a motion to approve Case No. PD-215-LI. Victron Energy, subject to staff conditions, removing Item 4 and recognizing the billboard as legal, non- forming use and working with staff on Item #7 (building design). Commissioner Reese seconded, with Commissioners Hall, Foreman, Kittrell and Reese voting in favor; Commissioner Haas voted in opposition. Motion carried (4-1). 10. PUBLIC HEARING: Consider approval of the Victron Stores Addition. Lot 1. Block A. Minor Plat. to allow the development of a 4,248-square-foot convenience store, 1,414-square-foot restaurant and a 5,104-square- foot canopy with six gas pumps on 1.68 acres of property located south of LBJ (IH 635), east of Royal Lane, at the request of MA Engineering. Page 13 of 15 Presentation: Assistant Planning Director Diamond said the plat only includes property within the City of Coppell because the DFW Airport does not plat their property. She said there was an overhead power line that needs to be coordinated with TXU to make sure the building can be constructed close to these lines. Staff is recommending approval; subject to the following conditions: 1) Submit evidence of all required approvals from the DFW Airport Board as they relate to the "Lease Area" prior to the issuance of any permits from the City of Coppell. 2) Provide a copy of all-necessary permits and documentation from TCEQ for the proposed on-site sewage disposal system. 3) Provide a copy of all-necessary permits and documentation from TXDOT allowing for drainage and utility construction in their right-of-way and under the existing overhead lines. 4) Submission of written confirmation from TXU that all uses as proposed on the site plan are permissible within their easement. Public Hearine:: Commissioner Foreman opened the Public Hearing, asking for those residents wishing to speak in favor or opposition, to come forward; no one spoke. Discussion: There was no discussion. Action: Commissioner Kittrell made a motion to approve Victron Stores Addition. Lot 1. Block A. Minor Plat, subject to staff conditions. Commissioner Reese seconded, with Commissioners Hall, Foreman, Haas, Kittrell and Reese voting in favor. None opposed. Motion carried (5-0) 11. General discussion concerning planning and zoning issues: A. Update on Council planning agenda action on July 11,2006: a) S-1121R-SF-9. St. Ann Catholic Parish, zoning change request from S-1121- SF-9 (Special Use Permit-1121-Single Family-9) to S-1121R-SF-9 (Special Use Permit-l 121 Revised - Single Family 9), to amend the existing SUP site plan to allow the renovation and expansion of church uses into the former Georgetown Shopping Center, including stucco exterior, adding a playground, additional parking and landscaped areas on approximately 19.52 acres of property located at the northeast corner of Sandy Lake Road and Samuel Boulevard, at the request of Jennifer Lindsey, St. Ann Catholic Parish. b) Third Replat of St. Ann Catholic Church. Replat, to relocate the fire lane and various utility easements allow the expansion of church facilities into the former Georgetown Shopping Center, on approximately 19.52 acres of property located at the northeast corner of Sandy Lake Road and Samuel Boulevard, at the request of Jennifer Lindsey, St. Ann Catholic Parish. Page 14 of 15 c) White Glove Express Addition, Lots lRl and lR2. Block A. Replat, to allow the subdivision of one lot into two lots, allowing for separate ownership of each lot, containing 1.628 acres of property located along the east side of Denton Tap Road, approximately 500 feet south of Braewood Drive, at the request of Joe Pipes, Vintage Wash-Coppell, L.P. d) All Care Veterinarv Hospital. Lot 1 R, Blk A. Site Plan Amendment, to allow a 1,776-square-foot addition to the existing All Care Veterinary Hospital and provide additional parking spaces, on 0.812 acres of property located at 353 N. Denton Tap, at the request of Steve Homeyer, Homeyer Engineering, Inc. e) All Care Veterinary Hospital. Lot 1 R. Block A. Replat. to extend the fire lane west to accommodate the 1,776-square-foot addition to the existing All Care Veterinary Hospital on 0.8 1 2-acres of property located at 353 N. Denton Tap, at the request of Steve Homeyer, Homeyer Engineering, Inc. During pre-session, Planning Director Sieb advised the Commissioners of the actions of the July 11th Council meeting. The Council agreed with the P&Z Commission on conditions for Items "a-e" above. A. Director's Comments: Planning Director Sieb reminded the Commissioners of the Groundbreaking for Hard 8 on Thursday, July 2th at 10:30 a.m. With nqthing further to discuss, the meeting adjourned at approximately 11 :30 p.m. 1'\ .~ ~ It;. '~~, Lee Fo oman, Crmnan ATTEST: v Page 15 of 15