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BM 2006-09-21 PZ Minutes of September 21,2006 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, September 21, 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 Borchgardt Commissioner Matt Hall Commissioner Richard McCaffrey Commissioner Dornell Reese, Jr. Commissioner Edmund Haas Also present were Assistant City Engineer Keith Marvin, Director of Planning Gary Sieb, Assistant Planning Director 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 September 12, 2006. REGULAR SESSION (Open to the Public) 2. Call to Order. Chairman Foreman called the meeting to order at approximately 6:35 p.m. 3. Approval of minutes dated August 17,2006. Commissioner McCaffrey made a motion to approve the minutes of August 17, 2006. Commissioner Borchgardt seconded; the motion carried (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor of the motion. 4. PUBLIC HEARING: Consider approval of Case. No. PD-195R-O. Callahan Medical/Office Addition, zoning change request from PD-195-0 (Planned Development-195-0ffice to PD-195R-O (Planned Development-195 Revised- Office) to allow additional attached signage and a revision to the monument sign to allow for a multi-tenant sign on 1.95 acres of property located at 848 S. Denton Tap Road, north of Belt Line Road, at the request of Dr. Nina Cahan. Page 1 of 13 Presentation: Assistant Planning Director Marcie Diamond stated that this case was a request to amend an existing PD, which was established in 2002, to allow for this approximate 19,000-square-foot, two-story office building. At that time, one of the PD conditions was that there would be a maximum of one sign to be 50- square feet in size. Since another tenant has moved in and brought their own sign (a yoga studio) to go with the applicant's sign (Coppell Associates Family Medicine), the PD conditions of 50-square feet were still being met. Currently, the applicant has had another tenant move into the second story (Fitness by Design). An additional sign could not be legally permitted. Applicant is requesting up to 100 square feet of signage. This building does have 100 feet of frontage on Denton Tap; therefore, under the typical sign ordinance, this would be allowable. The applicant is also requesting to change the face of the monument sign and have a multi-tenant sign. Ms. Diamond said that nine notices were sent out and no responses were received. Ms. Diamond stated that staff is recommending approval, subject to conditions, which she read into the record. Nina Callahan (Dr. Nina Cahan) - 848 S. Denton Tap Road, Suite 100, Coppell, Texas, was present to answer questions on behalf of this case. She said she was in agreement with staff recommendations. She said her tenants asked to change the monument sign and both wanted to have their name and logo on the sign. Chairman Foreman said that logos are against the city ordinance on the multi- tenant monument and only the name would be allowed. Discussion: There was no discussion. Public Hearin2: Chairman Foreman opened the Public Hearing, asking for anyone to come forward to speak either in favor or opposition. No one came forward. Chairman Foreman closed the Public Hearing. Action: Commissioner Borchgardt made a motion to approve PD-195R-O, Callahan Medical/Office Addition, subject to the following conditions: 1. Additional attached signs shall be in accordance with the following regulations: . Maximum total square footage of attached signage shall be 100-square feet; . All signs shall be similar fonts; Page 2 of 13 . All letters shall be individually-mounted, channel letters; . Black letters on the cast stone portions of the fa9ade and white letters on the brick portion of the building are allowed; and . Once all signs are installed there will be a balanced appearance. 2. The multi-tenant monument sign shall adhere to all provisions of Section 12-29-4.2(A). iii of the Zoning Ordinance. Commissioner Reese seconded, the motion carried (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor of the motion. 5. PUBLIC HEARING: Consider approval of Case No. PD-199R4-HC-S- 1211R2 Service Star, zoning change request from PD-199-HC-S-1211R (Planned Development-199-Highway Commercial-Special Use Permit-1211 Revised) to PD-199R4-HC-S-1211R2 (Planned Development 199-Highway Commercial-Special Use Permit-1211 Revision 2), to revise the detail site plan for Tract 4 to allow the development of 9,310-square-foot retail building and to allow revised signage for the previously approved auto repair garage on 2.24 acres of property located at the southwest corner of S.H. 121 and MacArthur Blvd., at the request of Bennett Ratliff. Presentation: Ms. Diamond gave a brief history of this approved PD. She said the first phase is completed and the second phase is currently under construction. Five retail pad sites were approved, the first of which has been developed (Bank of Texas). Ms. Diamond said the corner at Hwy. 12l/MacArthur Blvd. was originally approved for a gas stationlcarwashlconvenience store and a car repair facility. This SUP expired once; it was brought back and extended for two years. The landowner is requesting to build an in-line retail center. Specifically, the building will be approximately 9,310 square feet with 77 parking spaces. The applicant has made an effort to fit the building within the same footprint, therefore avoiding the need to replat this property. She said this proposed building would be harmonious with various elements of the Bank of Texas building in terms of color and design. The car repair facility is now going to be a Firestone (previously planned to be Great American). Ms. Diamond said the sign package submitted does not meet the city sign ordinance or the sign criteria included in the PD and SUP in terms of color and design. The applicant will also be taking advantage of the recent revision to the sign ordinance, which allows for multi-tenant signs. There were 30 notices sent to property owners within 200 feet. Two responses were received in opposition; one with no reason and the other one did not like the car repair. One email was received in support of the change of the land use from the gas station to the retail. Page 3 of 13 Ms. Diamond stated that staff is recommending approval, subject to the conditions which she read into the record. Bennett Ratliff - 504 Sora Lane, Coppell, Texas - The Ratliff Group - was present to answer questions on behalf of this case. He said he was in agreement with staff recommendations with the exception of the signage condition and would like to reserve the right to do either black or white letters. Public Hearin2: 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: Vice Chairman Kittrell asked if it were decided that black lettering would be required for the signage, would the applicant go to the Board of Adjustment if white letters were desired. Ms. Diamond said the applicant would need to go through rezoning process again, if Planning and Zoning and City Council agreed that black lettering be required. Chairman Foreman suggested that the applicant have new exhibits for the City Council meeting. Action: Commissioner McCaffrey made a motion to approve Case No. PD-199R4-HC-S- 1211R2 Service Star, subject to the following conditions: 1) Revision of the Landscape Plan to include an additional tree in the island at the northeast corner of the building; 2) Submission of corrected sign exhibits for Firestone indicating individually mounted, black channel letters with logos not exceeding 20% of the area of the sign. Total signage for this building shall not exceed the total square footage ofthe previously approved Great American signage; 3) Removal of sign note indicating location of existing temporary sign; and 4) Contact Larry Redick at 972.323.8917 to discuss electric service requirements. Commissioner Borchgardt seconded, the motion carried (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor of the motion. 6. PUBLIC HEARING: Consider approval of Case No. PD-216-H. Robertson Pools zoning change request from Hand SF-12 (Historic and Single Family- 12) to PD-216-H (Planned Development-216-Historic), to approve a detail site plan to allow 1,740-square-foot expansion to an existing 3,120-square-foot building, construction of a 4,970-square-foot building, outside storage and Page 4 of 13 additional parking on approximately 2.65 acres of property located at 569 Coppell Road, north of Bethel Road, at the request of Bob Anderson, Plan Solutions Architects. Presentation: City Planner Matt Steer showed an aerial of the existing conditions of the area. Several of the buildings are to be or have been demolished. The applicant is proposing a 1,740-square-foot addition as well as a 4,970-square-foot warehouse building. There is a fire lane that encircles some of the buildings, two fire hydrants are proposed, and two storage areas will be moved to the northwest corner next to the proposed dumpster enclosure. Mr. Steer said there is proposed parking and landscaping along the north end of the property. Twelve trees and four planters are recommended; six along the western property line, six along the southern property line and four planters in front of the southern most building. There is an existing masonry wall along the north end and a portion of the west end that is proposed to be extended south to the flood plain line. There is an existing fence that is proposed to remain along the rest of the west and south property lines. A permanent wall is not allowed to be built within the flood plain. The gates along the front side will be replaced with new, automatic gates. Mr. Steer showed the commissioners a colorboard to indicate the materials that would be used. The materials are not any different than the existing materials. There were ten notices sent out; one was returned undecided, but did express some concern as to hours of operation. Mr. Steer stated that staff is recommending approval, subject to the following conditions: 1) List all proposed PD conditions on Site Plan. These are as follows: a. Front yard parking is permitted; b. Nonvehicular and perimeter landscaping shortages (Specify areas once calculations are revised); c. All uses (Retail, Office, Warehouse, and Outside Storage) permitted by right; 2) Contact Larry Redick at 972-323-8917 to discuss electric service requirements; 3) Include all existing and proposed lighting facilities and ensure they are in accordance with the H District regulations; 4) Include 300 to 400-square-foot area around Tree #7 within nonvehicular landscaping calculations; 5) Replace Cedar Elms with Lacebark Elms as these are more appropriate for the district; 6) Include 12 additional perimeter trees (six on the west and six on the south property lines) and four planters on the Coppell frontage; and 7) Show adjacent zoning information. Page 5 of 13 Commissioner Haas asked if the on-street parking would be consistent with the Old Coppell plan concept of the Historic District. Mr. Steer said the plans for the improvements to the road are still being designed and will be worked out with the developer. What is planned now is on-street parking with the sidewalk adjacent to the building. Bob Anderson, Architect-Plan Solutions - 536 Lynn Court, Coppell- was present to answer questions on behalf of this case. He said he was in agreement with staff recommendations. Chairman Foreman asked Mr. Anderson if it made sense to have a dumpster right next to where gas is stored. Mr. Anderson said the gas containers are within a cage. Public Hearin2: Chairman Foreman opened the Public Hearing, asking for anyone to come forward to speak either in favor or opposition. Thomas Church - 601 Loch Lane, Coppell - Mr. Church expressed his concerns with the noise levels, the need for a masonry wall all the way around the residential side of the proposed project, the need to add shrubbery all along the fence line, the dust control and the hours of operations. He said he is against the addition if the city does not make the applicant adhere to some of these issues. The commissioners posed several questions to Mr. Church: . Had there been a meeting with Mr. Robertson, neighbor to neighbor? Mr. Church said no. . Has the noise gotten worse over the years? Mr. Church said yes, as the business got larger. . How has the noise gotten worse? Mr. Church said it sounds like concrete drums were being cleaned out. . Who was there first? Mr. Church said he believes he was there first. Mr. Church said that the true flood plain from the Corp of Engineers has been changed. He said the fence is no longer in the 100-year flood plain. He also expressed concern about the setbacks and the storage of hazardous materials. Mr. Church wanted the applicant to be asked to correct some of the issues. Joel Hartman - 600 Loch Lane, Coppell - Mr. Hartman said his property is directly adjacent on the west side, to Robertson Pools and was there first (1980). He had the same issues as expressed by Mr. Church, but also expressed a much stronger sentiment regarding the noise levels and the dust. He was also concerned with the wooden, privacy fence not being sufficient. Srena Petitt - 612 Loch Lane, Coppell - Ms. Petitt said she was present to support her neighbors and that everything they said was absolutely true as to what is Page 6 of 13 happening. She said her family had lived on that street since 1968 and was there first. She would like Robertson Pools to have a little more consideration for his neighbors. Mr. Anderson said originally the masonry wall was to run south as far as possible, but he was told to stop it at the flood plain easement. It is at this point that the wood fence takes over. Discussion: Chairman Foreman asked for clarification on the fence line and if Robertson Pools is in compliance with city ordinances relative to fencing, setbacks and the type of business being conducted when approved to build at this location. Mr. Steer said that no permanent structure may be built in the 100-year flood plain and the recommendation is to keep the existing wooden fence and put in a 10' landscape buffer for additional screening. (Mr. Steer said the applicant was in compliance with the building setback regulations within the Historic District.) The uses now are legal, non-conforming uses because they were in existence prior to the Historic District. Mr. Steer said there are only provisions within the Zoning Ordinance to regulate the hours of operation of a restaurant. The police regulate the noise from dawn to dusk and are the enforcement authority. Mr. Sieb said that if the noise exceeds a certain decibel level, this would be in violation of the ordinance and be subject to citation. He said that hours of operation could be a PD condition. Keith Marvin, Assistant City Engineer, said the area in question is shown on FEMA's flood plain map. FEMA maintains this map and it is dated 2001. A new fence permit would not be given without studies being done; however, the fence may be repaired without one. Chairman Foreman closed the Public Hearing. Discussion: Commissioner Haas expressed his concern with the nuisance issues: flood plain, noise, and fence. He said the new building would push more of the day-to-day activities closer to the residents. Commissioner McCaffrey would like to see an 8' tall masonry and wood fence, with a living screen along the fence with thick trees, which will grow above the fence. Commissioner Kittrell said that she would like to see the fence re-done to provide some buffer between the neighbors and the property. She said she would also like to see the hours of operations redefined and the placement of the vehicles reviewed. Page 7 of 13 Commissioner Reese said he would like the property owner to attend the next P&Z Commission meeting. Action: Commissioner Haas made a motion to re-open the Public Hearing and continue Case No. PD-216-H, Robertson Pools to the next Planning and Zoning Commissioner meeting on October 19th, so applicant and staff would have the opportunity to work on the concerns raised that evening. In addition to staff recommendations, the Planning Commission requested that the following issues be addressed: . Hours of operation and noise, . Flood plain/screening wall, . 10' landscape buffer/planting (additional living screen), . 8' fence (improvements to existing fence), . Location of truck parking, and . Dust generated from the site. Commissioner Reese seconded; the motion carried (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor of the motion. 7. PUBLIC HEARING: Consider approval of the Robertson Commercial Pools Addition. Replat and Minor Plat, to expand the area of the existing plat and provide necessary easements to allow for a building expansion and new construction on 2.65 acres of property acres of property located at 569 Coppell Road, north of Bethel Road, at the request of Bob Anderson, Plan Solutions Architects. Discussion: Chairman Foreman said there was a recommendation from staff to deny Robertson Commercial Pools Addition, Replat and Minor Plat. Action: Commissioner Foreman made a motion to deny Robertson Commercial Pools Addition, Replat and Minor Plat, with the instruction that it be brought back to the October 19th P&Z meeting to follow Case No. PD-216-H, Robertson Pools. Commissioner Haas seconded; the motioned carried (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor. Chairman Foreman called for a five-minute recess. 8. PUBLIC HEARING: Consider approval of the Coppell Town Center Plaza. Site Plan. to allow the development of a plaza area to include an amphitheater, 65-foot tall tower element, water feature, shade pavilion, walkways, seating areas and landscaping on approximately 6 acres of Page 8 of 13 property located south of Coppell Town Center and east of the Justice Center, at the request of Francois deKock, Halff Associates. Presentation: Planning Director Gary Sieb showed the commissioners a concept plan which was somewhat different from what is now being proposed. Items such as the reflecting pool, a 65' tower, a contemplative area, a pavilion area and gateways were shown on this plan and will be constructed as initially discussed. Mr. Sieb stated that staff is recommending approval, subject to the conditions which he read into the record. Brad Reid, Director of Parks and Recreation for the city of Coppell was present to answer questions on behalf of this case. Lenny Hughes - Director of Landscape Architecture at Halff Associates - 8616 Northwest Plaza Dr., Dallas, Texas, was present to answer questions on behalf of this case. Layne Olivo - Halff Associates - 8616 Northwest Plaza Dr., Dallas, Texas, was present to answer questions on behalf of this case. Paul Woodard - Architect, Halff Architects - 8616 Northwest Plaza Dr., Dallas, Texas, was present to answer questions on behalf of this case. He said he was in agreement with staff recommendations, but would like the opportunity to clarify some of the points outlined by Mr. Sieb. Discussion: There was discussion with regard to the design, particularly the tower, being more modern and how it would fit into the more traditional design of Town Hall. Mr. Woodard explained the reasoning for this design and why it was designed to be different looking. He also went on to explain the color and use of the materials for the tower. Mr. Reid spoke to the design concept of the tower. He said that the City Council is very involved in the design of this project. The idea of this tower has been around since 1996 in some form, generally a brick-faced clock tower with a metal, hip roof. Mr. Reid said the current tower design would provide the community with a landmark immediately recognizable and different. He said he believed the City Council to be committed to this design. Commissioner McCaffrey said the design is unique but looks foreign to Coppell. He said there were ways to take traditional elements and include them into a modern design that can reflect back to the traditional details of Coppell. He said that in order to get some semblance of belonging in the community, some things are needed in the details. Page 9 of 13 Mr. Olivo said that the tower structure would have a time capsule. He said the design of the tower was to indicate looking to the future and tying the surrounding buildings into that theme. He also explained the water features to be incorporated; the reflecting pool and the dancing fountain on the plaza stage area. Commissioner Hall brought up the gateways for discussion. Mr. Woodard said the materials used for the gateways would be similar to those used on the tower. Commissioner Borchgardt expressed his concern regarding the consistency in applying ordinances and style. He said he did not know how this project fits right now and the message it sends for future development in the city. Mr. Woodard said he admits that there is an inconsistency, but said there are times when a departure offers so much and makes a statement. Commissioner Borchgardt questioned building something that some people would not like. He said something could be found that would be more acceptable to a broader group of people. Commissioner Reese said he was in favor of the diversity in Coppell and that in years to come, there would be a lot of diversity. He said he did have some appreciation for everything not being so homogeneous, "cookie cutter" and "by the book." Commissioner Haas said he could support Commissioner Reese's comments. He said he liked the idea of creating something that would really stand out and make a statement; however, he said that at the same time he would like something to tie the two designs together. There was some discussion regarding the screenings and awnings at the bottom of the tower. Mr. Woodard described what the fabric would be for these screening and awnings and stated that they would have a very long life span. Commissioner Borchgardt said he did not think this flexibility in other circumstances would be allowed and therefore he could not support this plan. Chairman Foreman said that he felt the same way and could not support this plan when he voted. Action: Commissioner McCaffrey made a motion to approve Coppell Town Center Plaza, Site Plan, with staff conditions and adding an additional recommendation: 1) Consider incorporating some traditional detailing into the designs of the tower and entry features; 2) Meet paving and drainage design criteria of Engineering; 3) Submit landscape plan to include plant materials, sizes, quantities, etc. as specified in Section 12-34 of the Zoning Ordinance; Page 10 of 13 4) It appears overstory plant materials are planted too closely together- please justify; 5) Provide additional information regarding water feature-depth, fountain, dimension, etc., if known; and 6) Contact Larry Redick at (972) 323-8917 to discuss electric service requirements. Commissioner Kittrell seconded, the motion carried (4-3) with Commissioners McCaffrey, Haas, Kittrell and Reese voting in favor of the motion. Commissioners Borchgardt, Hall and Foreman voted in opposition of the motion. 9. Consider approval of Text Amendments: to add and revise various definitions and regulations in the Code of Ordinances, including Sec. 12-42-1, revising the definitions of Convenience Store and Retail Stores and Shops, Sec. 12-29-3, Sign Regulations, prohibiting neon signs being visible from outside of the building, except for "open" signs, and various revisions to Sec. 12-30-16, SUP regulations for Restaurants. Presentation: Ms. Diamond said the text amendments being proposed are to do some clean up activities as well as provide additional safeguards to assure that the community keeps its appearance. The definition of convenience store has been revised to include retail sales of non- food items, prepared foods, hot and cold beverages and packaged beverages and prohibits the display and retail sale in the open, outside of the building for this use and for retail stores and shops. The proposed wording for the definition of retail stores has been changed. The wording for signs has been clarified to prohibit any neon signs within the building that can be visible from outside. "Open" signs are still permitted, but flashing or rotating signs are not. A few changes are being made on the SUP requirement for restaurants and restaurants with private clubs, including that a building permit must be obtained within six months; the SUP expires unless an extension is requested. Ms. Diamond stated that staff is recommending approval of the revision of these three sections to the Coppell Zoning Ordinance: . Sec. 12-42-1, revising the definitions of Convenience Store, and Retail Stores and Shops . Sec. 12-29-3, Sign Regulations, prohibiting neon signs being visible from outside of the building, except for "open" signs . Various revisions to Sec. 12-30-16, SUP regulations for Restaurants Page 11 of 13 Discussion: Commissioner Hall asked about firewood and propane gas canisters. He wanted to know if they fall under the consumer goods definition. Ms. Diamond said yes, that it would need to be under roof. Commissioner Reese wanted to know how the Farmers' Market was defined in terms of convenience store or retail store. Ms. Diamond said that was unique to its own use in the Historic District because it is an all outside use. There was some discussion regarding what items could be outside of the main building. Mr. Sieb clarified the issue by saying that items could be stored outside the building provided the items are under the roof of the building. Action: Commissioner Reese made a motion to approve text amendments to add and revise various definitions and regulations as recommended by staff. Commissioner McCaffrey seconded, the motion carried (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor. 10. Consider approval of Text Amendment to amend Sec. 12-32A-3(K) to delete reference to requiring the mailing of public notices for telecommunication facility beyond the notification required for similar rezonings, as prescribed by state law. Presentation: Ms. Diamond said this amendment is recommended so that notification of a request for a telecommunication facility would be like any other rezoning request. Ms Diamond said that staff is recommending approval of the amendment to Sec. 12-32A-3, to reduce the notification area for SUPs for telecommunication facilities to 200 feet. Discussion: Commissioner Reese wanted to know what the issue was with regard to sending out notifications. Ms. Diamond said that the 750' or up to 5,000-foot notification area is excessive. She said there would always be a notice in the newspaper and a sign would be put out on the property to notify the general public. Action: Commissioner Kittrell made a motion to approve the text amendment Sec. 12- 32A-3 reducing the notification requirement for telecommunication facilities to 200 feet. Page 12 of 13 Commissioner McCaffrey seconded; the motion carried (7-0) with Commissioners Borchgardt, Hall, McCaffrey, Foreman, Haas, Kittrell and Reese voting in favor of the motion. 9. General discussion concerning planning and zoning issues: A. Update on Council planning agenda action on September 10, 2006: a. S-1235-TC Healthy Me Marketplace b. PD-200R-SF-12, Petterson Addition, Lots 1-4, Block A c. Petterson Addition, Lots 1-4, Block A, Replat d. S-1234-SF-12, ARK Church e. Stringfellow Addition, Lot 1, Block B, Replat f. S-1236-A, MetroPCS g. PD-214- TH-l, TH-2, C and SF-9, The Ellington At the pre-session meeting, Mr. Sieb advised the Commissioners of the actions at the September 1 ih Council meeting. The Council agreed with the P& Z recommendations for Items "a, b, c, e and f' above. Council had concerns with the number of parkin~ spaces regarding Item "d" and postponed Item "g" until the October 1 ot Council meeting. B. Director's Comments: Mr. Sieb said the new Commission members, Gregg Frnka and John Fox, would be at the next P&Z meeting on October 19th. He expressed his appreciation to Lee Foreman and Matt Hall, saying this was their last meeting and they would be missed. He wished them well in their future endeavors. He went on to remind the commissioners of the reception on September 26th. With nothing further to discuss, the meeting adjourned at approximately 9:30 p.m. ,;/;t!~ec.-? / I. , " Lee Foreman, Ch!:l!IUlan i./ (,' ----",-' ,ct /' (' h(Vv""'~.v---/ i ATTEST: ?'>(.:V'--!,....-tJ , LindaGatlin '-., " t 1"- ....-- ,i,'"'' ( / ..fci)v \/~- I i oJ Page 13 of 13