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BM 2007-04-19 PZ Minutes of April 19 , 2007 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, April 19, 2007, in the Council Chambers of Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chairman Rick McCaffrey Vice Chairman Edmund Haas Commissioner Anna Kittrell Commissioner Mark Borchgardt Commissioner Dornell Reese, Jr. Commissioner John Fox Commissioner Gregory Frnka Also present were Director of Engineering/PW Ken Griffin, Deputy Fire Chief/Prevention, Tim Oates, Planning Director Gary Sieb, Assistant Planning Director Marcie Diamond, City Planner Matt steer, Secretary Juanita Miles, and Barbara Jahoda. PRE-SESSION (ODen to the Public) 1. Briefing on the Agenda. Staff briefed the Commission on the cases. REGULAR SESSION (ODen to the Public) 2. Call to Order. Chairman McCaffrey called the meeting to order. 3. Approval of minutes dated March 15,2007. Vice Chairman Haas made a motion to approve the minutes of March 15, 2007, as written. Commissioner Borchgardt seconded; motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor; none opposed. 4. PUBLIC HEARING: Consider approval of Case No. PD-213R2-H, Lost Creek Townhomes, zoning change request from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2-Historic) with a Detail Site Plan, to allow the development of 25 residential units, recreation, open space and common areas on 4.57 acres of property and a Concept Plan for commercial uses on approximately one acre of property located along the east side of Coppell Road, approximately 210 feet north of Bethel Road, at the request of Jason Rose, JR Rose Development. 1 Presentation: Planning Director Gary Sieb introduced the item to the Commission, showing exhibits, including a color board. After discussing the Site Plan, Landscape Plan, Tree Survey, and Floor Plans/Elevations, Mr. Sieb stated that staff recommends approval, subject to seven conditions, which he read into the record. He then added that 34 notices were sent to property owners within 200' of this request and one favorable response, no responses in opposition, and one undecided were returned to the Planning Department. Jason Rose, 1207 Bethel School Court, Coppell, TX 75019, was present to represent this case before the Commission and answer any questions, stated agreement to all staff conditions. Discussion: There were questions regarding density, porch and fence setbacks, pitch of roof, drainage and commercial lighting. These issues were addressed by Gary Sieb, Planning Director and Ken Griffin, Director of Engineering/Public Works. Public Hearinc: Chairman McCaffrey 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: Earl Copeland - 538 Mobley Way Court, Coppell, TX 75019 stated concerns about the present and past revisions to the original historic designation. It was noted that the historic venue would not be changed and it is a more detailed plan to show exactly what the plan development includes. Kav Yates - 519 McNear Drive, Coppell, TX 75019 stated concerns about drainage, tree density, the historic designation, retail requirements pertaining to the type, size, and lighting, screening fence, and maintaining the rural/suburban area motif. Staff and applicant addressed these issues. Chairman McCaffrey closed the public hearing. Action: Commissioner Borchgardt made a motion to approve Case No. PD-213R2-H, Lost Creek Townhomes, zoning change request from H (Historic) to PD-213R2-H (Planned Development-213 Revision 2-Historic), subject to the following conditions: 1) Label Mulberry Lane on all exhibits; eliminate Kate Lane. 2) Landscape Plan needs to be signed by a registered landscape architect. 3) Show conceptual outline of commercial/retail structures within this PD on all exhibits. 4) Insure units comply with Old Coppell Design Guidelines. 2 5) Need more detail on screening fence, signage, etc. (materials color, height, and so forth). 6) Drainage system will be further evaluated during Engineering's plan review process. 7) Park development fee of $1285/unit and tree removal permit required. Commissioner Reese seconded; motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. 5. PUBLIC HEARING: Consider approval of Case No PD-214R2-SF-9 and C, Arbor Manors, zoning change request from C (Commercial), R (Retail) and SF-9 (Single Family-9) to PD-214R2-SF-9 and C (Planned Development-214 Revision - 2 Single-Family-9 and Commercial), with a Concept Site Plan to allow the development of 73 single-family homes on approximately 24 acres and commercial uses on approximately five acres of property located south of Sandy Lake Road; west of Denton Tap Road, at the request of Matt Alexander, Dowdey Anderson & Associates, Inc. Presentation: Planning Director Gary Sieb introduced the item to the Commission, showing exhibits, color board, and development data. After discussing the opposition from the homeowners about cut-through traffic, Staff is in agreement with the two ways in and two ways out from the existing Wynnpage subdivision. Mr. Sieb stated staff recommends approval subject to 18 conditions, which he read into the record. He then added that 57 notices were sent to property owners within 200' of this request, one responded favorable, and four responded in opposition. Matt Alexander, Dowdy Anderson & Associates, 5225 Village Creek Drive, Piano, TX 75093, was present to represent this case before the Commission and answer any questions, stated agreement to all staff conditions. Discussion: There was discussion with Planning Director Sieb relative to the circulation pattern, cut- through traffic, tree mitigation, corner setbacks, house size, lot coverage, and one-story versus two-story houses. Planning Director Sieb addressed these issues. Larry Jackson of David Weekly Homes addressed the issues about the material of the garage doors, the setbacks and tree removal on the lots for the two-story homes. Public Hearinc: Chairman McCaffrey 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: Gina Calabro - 116 Hearthwood Drive, Coppell, TX 75019 stated concerns about the safety of the neighborhood due to cut-through traffic, because currently there is one- way in and one-way out of their subdivision, removal of trees, lack of greenbelt, and inclusion of more parkland. 3 Jeannine Luenser - 120 Hearthwood Drive, Coppell, TX 75019 stated concerns also about the safety of the neighborhood due to cut through traffic; about a one-story house versus a two-story house that would be built on an empty lot behind her house; what type of fence is required, whose paying for it, etc., and can anything be built on the gas line area or is that to remain a greenbelt area. Matt Alexander, of Dowdey Anderson Engineers addressed these issues. Chairman McCaffrey closed the public hearing. Action: Commissioner Kittrell made a motion to recommend approval of Case No PD-214R2- SF-9 and C, Arbor Manors, zoning change request from C, R, and SF-9 to PD-214R2-SF-9 and C, with a Concept Site Plan to allow the development of 73 single-family homes subject to the following conditions: 1) Specify in PD document that no lot will be less than 8,250-square-feet. 2) Park development fees will be assessed at $1285/unit. 3) Tree removal permit will be required prior to any construction start. 4) Mitigation fees cannot be calculated until building footprints have been provided (Item 6.0, first sentence). 5) Explain development of cul-de-sac on west property line (how, easement, etc.) with written statement. 6) Consider 35% coverage (SF-9) vs. 40% in an attempt to save more trees. 7) Need west screening wall details to be shown on all exhibits. 8) ALL common areas need to be identified by ascending numbers 1 X, 2X, 3X, 4X, 5X, etc. 9) Landscape requirements are in Zoning Ordinance not Subdivision Regulations (Item 6.0, third sentence). 10) Show Denton Tap entry pavers on all exhibits. 11 ) CLEARLY show on Zoning Exhibit where Sideyard Fencing and Landscape Plan illustration in PD Regulations applies. 12) Specify maximum height of all structures in FEET on all exhibits. 13) Indicate wall column spacing on exhibit (10- to 30-foot spacing). 14) Dimension all setbacks on all exhibits. 15) Indicate "existing guard rail" along Tealwood Drive will be removed upon street construction. 16) Need sealed/signed Landscape Plan by a registered landscape architect. 1 7) Runoff needs to be intercepted before reaching Sandy Lake Road; drainage will be evaluated further during Engineering plan review. 18) Label water and sanitary sewer lines correctly and tie into Tealwood Drive. Commissioner Frnka seconded, and the motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. 6. PUBLIC HEARING: Consider approval of Case No. S-ll 08R3-A, T -Mobile, zoning change request from S-1108-A (Special Use Permit-ll08-Agriculture) to S-1l08R3-A (Special Use Permit-l108 Revision 3-Agriculture), to allow for a wireless communication antenna to be mounted to an existing electric transmission tower, with an accessory cabinet at the base of the tower, located approximately 1,000-feet southwest of the 4 intersection of MacArthur Boulevard and the transmission line easement; north of Belt Line Road, at the request of Dave Kirk, T -Mobile. Presentation: City Planner Matt Steer introduced the item to the Commission showing exhibits. He then added that 9 notices were sent to property owners within 200' of this request, one responded favorable, and one undecided, no reason stated. Staff recommends approval subject to four conditions, which he read into the record. David Kirk, 11830 Webb Chapel Road, Dallas, TX 75234, was present to represent this case before the Commission and answer any questions, stated agreement to all staff conditions. Discussion: There was no discussion. Public Hearina: Chairman McCaffrey 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 McCaffrey closed the public hearing. Action: Commissioner Borchgardt made a motion to recommend approval of Case No. S- 1108R3-A, T -Mobile, zoning change request from S-ll 08-A to S-ll 08R3-A, subject to the following conditions: 1) If access or improvements are within the Riverchase HOA, permission must be granted by the HOA prior to construction. Submit easement agreement. 2) Accurately depict the nine antennas on the elevation sheet. 3) Show masonry wall and gate specifications on black and white elevations (i.e., material, color and type). The gate color shall be painted to match the masonry wall. 4) Ensure the engineer is listed with the Texas Board of Professional Engineers. Commissioner Frnka seconded the motion; motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. 7. PUBLIC HEARING: Consider approval of the Shadvdale Acres, Lots 4R1 and 4R2, Block C, ReDlat, being a replat of Lot 4R, Block C, into two lots to allow the development of two single-family homes on 1.108 acres of property located along the east side of Shadydale Lane, 190' north of Shady Oak Lane, at the request of Steve Payne, Steve Payne Custom Homes. Presentation: City Planner Matt Steer introduced the item and discussed the original plat approval to the Commission showing exhibits, adding that 12 notices were sent to property owners within 200' of this request, 5 returned responded favorable, and one opposed. 5 He then stated that originally, four people were opposed to the replat. The applicant met with the homeowners to clarify issues with the number of trees to be removed, increased traffic and the location of a two-story home. Staff recommends approval subject to four conditions, which he read into the record. steve Payne, Steve Payne Custom Homes, Inc., 878 S. Denton Tap Road, Ste. 220, Coppell, TX 75019, was present to represent this case before the Commission and answer any questions, stated agreement to all staff conditions. Discussion: There was discussion of the waived alley requirements. Public Hearinc: Chairman McCaffrey 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 McCaffrey closed the public hearing. Action: Commissioner Haas made a motion to recommend approval of the Shadvdale Acres. Lots 4R1 and 4R2. Block C, ReDlat, subject to the following conditions: 1) Waiver of the alley requirement. 2) A Tree Removal Permit being obtained for each lot prior to the issuance of a Building Permit. 3) Impact Fees will be required for the additional water and sewer service to the new Lot 4R2. 4) Contact Larry Redick at (972) 323-8917 to discuss electric easement requirements. Commissioner Frnka seconded the motion; motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. 8. PUBLIC HEARING: Consider approval of Case No. PD-227-SF-12. Bellacere Addition, zoning change request from 2F-9 (Two Family-9 Residential) to PD-227-SF-12 (Planned Development-227-Single Family-12), to allow the construction of four single-family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive, at the request of Micha P. Duffy, Hamilton Duffy, PC. Presentation: City Planner Matt Steer introduced the item to the Commission showing exhibits. He then added that 47 notices were sent to property owners within 200' of this request, no one responded in favor and one was opposed due to concerns about the hassles of construction and property tax increases. There were eight phones calls received in favor and a call from one opposed. Staff recommends approval subject to nine conditions, which he read into the record. 6 Micha Duffy, Hamilton Duffy, PC, 601 W. Harwood Road, Hurst, TX 76054, was present to represent this case before the Commission and answer any questions, stated agreement to all staff conditions. Discussion: There was discussion of supporting a manned gate in the event of an emergency versus leaving the gate open at all times. Matt stated that it would be an issue of emergency access. Tim Oates stated the Fire Department is not opposed to any gated community as long as it is electronically controlled and automatically opens when approached. There was also some concern about the removal of trees. The gate issue was resolved with the gates to remain open. Public Hearinc: Chairman McCaffrey 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 McCaffrey closed the public hearing. Action: Commissioner Frnka made a motion to recommend approval of Case No. PD-227-SF- 12. Bellacere Addition, zoning change request from 2F-9 to PD-227-SF-12, subject to the following conditions: 1) Change proposed 3" cal. Bur Oak to 3" cal. Cedar Elm, proposed Red Tip Photinia to Nellie R. Stevens and show one additional Cedar Elm within the 15' Landscape Area along Sandy Lake. 2) Revise all lot boundaries and dimensions to reflect the proposed common area Lot 1 X and show side yard setback of south side of Lot 1. 3) Define what area is represented by the "Buffer Yard" shown within the Site Data Table. 4) Remove "Preliminary Plans" from the title blocks of all plans. 5) Remove the proposed landscaping from the Tree Survey. 6) On the screening wall detail sheet, include a note that states, "The gate shown is decorative only and will remain open to the interior of the site at all times" and revise arrows pointing to right-of-way dedication boundaries. 7) Show address range with pin mounted letters on the entry sign. 8) Park development fees are $1,285.00 per unit. 9) A Tree Removal Permit is required prior to start of construction. Vice-Chairman Haas seconded the motion; motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. 9. Consider approval of the Bellacere Addition. Lots 1-4. Block A. Preliminary Plat, to establish lot lines, easements and a fire lane to allow the construction of four single- family homes on 1.961 acres of property located along the north side of Sandy Lake Road, approximately 150-feet east of Summer Place Drive, at the request of Micha P. Duffy, Hamilton Duffy, PC. 7 Presentation: City Planner Matt Steer introduced this companion case to the Commission showing an exhibit. Staff recommends approval subject to four conditions, which he read into the record. Micha Duffy, Hamilton Duffy, PC, 601 W. Harwood Road, Hurst, TX, was present to represent this case before the Commission and answer any questions and stated agreement to all staff conditions. Discussion: There was no discussion. Action: Commissioner Frnka made a motion to recommend approval of the Bellacere Addition, Lots 1-4, Block A, Preliminary Plat, subject to the following conditions: 1) Submit the draft HOA Documents for legal review. 2) Clearly depict the boundaries of Lot 1 X. 3) Provide a 20' x 20' drainage easement on the northwest corner of Lot 4. 4) Drainage issues will be evaluated further during the Engineering plan review process. Commissioner Reese seconded the motion; motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. 10. PUBLIC HEARING: Consider approval of Case No. S-1216R, Cool star Beverace, zoning change request from PD- 157R6-C-S-1216 (Planned Development-157 Revision 6- Commercial-Special Use Permit- 1216) to PD-157R6-C-S-1216R (Planned Development-157 Revision 6-Commercial-Special Use Permit-1216-Revised) to allow the operation of an approximate 1,600-square-foot retail/convenience store to be located at 809 S. MacArthur, Suite 125 (southwest corner of Belt Line Road and MacArthur Boulevard), at the request of Kris An. Presentation: Assistant Planning Director Marcie Diamond introduced the item to the Commission showing exhibits, discussing the requested revised sign details that indicated white channel letters, with a blue and white logo which would be in accordance with the provisions of the Sign Ordinance, as well as being consistent with the other signs on this retail building. She then stated staff recommends approval, subject to two conditions, which she read into the record. Kristen An, 218 Wellington Road, Irving, TX 75063, was present to represent this case before the Commission and answer any questions. According to TABC she commented that the hours of operation could end at 1 :00 a.m., but was in agreement to staff's recommendation to end at 12:00 midnight. 8 Discussion: There was some discussion as to when the business would be operational. The applicant stated that after P &Z approval, T ABC licensing, and City Secretary's signature, it would be a couple of months. Public Hearinc: Chairman McCaffrey 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 McCaffrey closed the public hearing. Action Commissioner Kittrell made a motion to recommend approval of Case No. S-1216R, Cool star Beveraae zoning change request from PD-157R6-C-S-1216 to PD-157R6-C-S- 1216R, subject to the following conditions: 1) Compliance with all City of Coppell Ordinances, as well as T ABC rules and regulations, which are specific to this use. 2) The hours of operation for this store shall not exceed 9 a.m. to midnight Monday-Saturday and noon until midnight on Sunday. Commissioner Frnka seconded the motion; motion carried (7-0) with Commissioners Borchgardt Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. 11. PUBLIC HEARING: Consider approval of Case No. S-1187R2-C. Pizza Inn, zoning change request from S-1187R-C (Special Use Permit-1187 Revised-Commercial) to S-1187R2-C (Special Use Permit-1187 Revision-2-Commercial) to allow a 1,425-square-foot expansion of the existing 1,050-square-foot take-out restaurant to include limited seating, game room and party room, located at 777 S. MacArthur, Suite 405, at the request of Shameem Hasan, Pizza Inn. Presentation: Assistant Planning Director Marcie Diamond introduced the item to the Commission showing exhibits. She stated that Administration Approval for business expansion will be later as and agenda item and that the applicant would also be permitted an additional attached sign identical to the existing sign along Beltline Road. She then stated staff recommends approval, subject to two conditions, which she read into the record. Shameem Hasan, 777 S. MacArthur Blvd., Ste. 405, Coppell, TX 75019 was present to represent this case before the Commission and answer any questions, stated agreement to all of staff conditions. Discussion: There was some discussion about off-site drinking and distance regulations. Public Hearing: 9 Chairman McCaffrey 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 McCaffrey closed the public hearing. Action Commissioner Borchgardt made a motion to recommend approval of Case No~ 1187R2-C, Pizza Inn zoning change request from S-1187R-C to S-1187R2-C subject to the following conditions: 1) The site shall be developed in accordance with the Site Plan, Floor Plan and Sign Plan. One additional attached sign identical to the existing sign shall be permitted. 2) The hours of operation shall not exceed 9 a.m. to midnight, seven days a week. Vice Chairman Haas seconded the motion; motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. A ten-minute recess was observed. 12. PUBLIC HEARING (CONTINUED): Consider approval of Case No. PD-223-C and S-1114- C, Kimbel Addition, zoning change request from C (Commercial), S-1085-C and S- 1114-C to PD-223-C and S-1114-C (Planned Development 223-Commercial and Special Use Permit 1114-Commercial) to allow the construction of two retail/medical buildings, a bank, the retention of an existing take-out restaurant (S-1114-C, Papa John's) and a portion of an existing retail structure, totaling 25,245-square-feet, and to allow a reduction in landscaped areas, required setbacks, alternative signage colors, sizes and locations and other deviations from the requirements of the Zoning Ordinance, on 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard, at the request of Alen Hinckley, Yorkshire Realty Advisors, LP. Presentation: Assistant Planning Director Marcie Diamond introduced the item to the Commission showing exhibits, development data, and a color board. She stated staff recommends denial due to the plan's disregard for the minimum requirements of landscaping, setbacks, and signage, which she read into the record. She stated that the applicant has requested several variances to the Ordinance in order to fit all of the development on this particular tract of land. The first is a variance of the front yard setbacks for the bank, side yard setback variances for four of the five lots, and rear yard variances for three of the five lots. Staff had concerns with the variances adjacent to streets, as well as the fact that the overall landscape plan has deficits in the perimeter, parking lot, and non-vehicular parking areas. There was also concern regarding the dumpster and fire lane access causing traffic conflicts. 10 Bennett Ratcliff, 12201 Merit Drive, ste., 170, Dallas, TX 75251 was present to represent this case before the Commission to answer any questions. He gave a presentation defending their proposal. Discussion: There was discussion about working with the applicant. Staff stated willingness to work with the amount of parking and offered to provide a Economic Development/380 grant for additional parking, if needed in the future. The applicant was not agreeable. There was discussion about the colors of the signage, amount and location of signage, and drive-throughs. The Director of Engineering/PW, Ken Griffin, addressed some of the drainage issues and traffic study issues in the area. Continuation of Public Hearina: Chairman McCaffrey stated that the public hearing was continued asked 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 McCaffrey closed the public hearing. Additional Discussion: There was further concern about the potential negative impact on the Primary Image Zone because of too much signage and not enough landscaping. The amount of internal traffic and sidewalk access were discussed. There was concern about what would happen 20 years from now if a variance of these requirements were granted. The Commissioners felt that a precedent would be set resulting in other developments to want the same variances. Action Commissioner Reese made a motion to deny Case No PD-223-C and S-1114-C. Kimbel Addition zoning change request from C, S-1085-C and S-1114-C to PD-223-C and S-1114-C due to the plan's disregard for even the minimum requirements for: . Building Setbacks; . Landscaping; . Monument Signs; . Attached Signs; and . Overall aesthetics of this development Commissioner Borchgardt seconded the motion; motion carried (7 -0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. 13. PUBLIC HEARING: Consider approval of the Kimbel Addition. Lots SR. 9R, lOR, 12R and 14R. ReDlat, being a replat of Lots 7-14 of the Kimbel Addition, to establish fire lanes and easements to allow for the redevelopment of this property for new retail development on 2.9 acres of property located at the northeast corner of Sandy Lake Road and MacArthur Boulevard, at the request of Michael Doggett, Winkelmann and Associates, Inc. Presentation: 11 Assistant Planning Director Marcie Diamond introduced this companion case to the Commission. Staff recommends denial due to more conditions not in compliance with the Subdivision Ordinance and denial of the zoning request. No comments from the applicant. Public Hearina: Chairman McCaffrey 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 McCaffrey closed the public hearing. Action Commissioner Borchgardt made a motion to deny the Kimbel Addition, Lots 8R, 9R, lOR, 12R and 14R, Replat. Commissioner Frnka seconded the motion; motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting for denial. None opposed. Assistant Planning Director Marcie Diamond stated that the Replat could not be appealed to City Council. 14. PUBLIC HEARING: Consider approval of a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30-16. Restaurant to delete the requirement for Special Use Permits for restaurants, unless adjacent to a residential zoning district and/or has drive-through facilities, and further, to allow for the Administrative Approval of the expansion of existing restaurants, subject to certain conditions. Presentation: Assistant Planning Director Marcie Diamond introduced the item to the Commission. This item is a text amendment allowing for restaurants to be permitted by right unless they are adjacent to a residential zoning district or have a drive-through, She stated that staff recommends approval and would allow for the Administrative Approval of any expansion, subject to certain conditions. Public Hearinc: Chairman McCaffrey 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 McCaffrey closed the public hearing. Action Commissioner Kittrell made a motion to approve a text amendment to Chapter 12, Zoning, of the Code of Ordinances, Section 12-30- 16, Restaurant. Commissioner Frnka seconded the motion; motion carried (7-0) with Commissioners Borchgardt, Frnka, Kittrell, McCaffrey, Haas, Fox and Reese voting in favor. None opposed. 12 15: General discussion concerning planning and zoning issues. A. Update on Council planning agenda actions on March 27, 2007 and April 10, 2007: a. Case No. PD-221 R-HC, Duke Lesley Addition, zoning change from PD-221-HC to PD-221R-HC to attach a Detail Site Plan to allow for a 182,700-square-foot office building on 11.85 acres of property located at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road. b. Duke Lesley Addition, Lot 3, Block C, Final Plat, to establish a building site, fire lanes and easements to allow the construction of a 182,700-square-foot office building on 11.85 acres of property located at the southwest corner of the proposed extension of Dividend Drive and S. Beltline Road. c. Case No. S-1237-C, Da Dusty Cellar, zoning change from C to S-1237-C to allow a 3,000-square-foot convenience/retail store to be located at 751 S. MacArthur Blvd., #505. d. Case No. S-1238-C, Kegs N Cellar, zoning change from C to S-1238-C to allow a 2,850-square-foot convenience/retail store to be located at 777 S. MacArthur Blvd., #413-417. e. Case No. PD-1 08R2.2-SF-9, The Reserve, Lot 11, Block B, zoning change from PD-108R2-SF-9 to PD-108R2.2-SF-9 (Planned Development-108 Revision 2.2- Single Family-9) to allow up to 30% stucco and to permit alternate paving materials for the driveway on property located at 725 Penfolds. f. Case No. PD-224-HC, Northlake College, zoning change request from C (Commercial), HC (Highway Commercial) and LI to PD-224-HC for college and ancillary uses located at the southeast corner of S.H. 121 and W. Sandy Lake Road. g. Case No. S-1240-R, DeVine Cellars, zoning change request from R to S- 1240-R to allow a 2,981-square-foot retail/convenience store and tasting room located at 115 W. Sandy Lake Road. h. Case No. S-1239-C, Camp Bow Wow, zoning change request from C to S- 1239-C to allow a 6,484-square-foot kennel with a screened outside play area located at 769 S. MacArthur Boulevard, Suite #233. i. Case No. S-1239-C, Camp Bow Wow, zoning change request from C to S- 1239-C to allow a kennel and outside play area to be located at 769 S. MacArthur Boulevard, Suite #233. j. Case No. S-1215R-C, Kountry Donuts & Cafe, zoning change request from S-1215-C to S-1215R-C to allow a restaurant with drive-through located along the west side of S. Denton Tap Road, and north of Southwestern Boulevard. k. Kountry Donuts & Cafe Addition, Lot 1, Block 1, Minor Plat, to allow a restaurant with drive-through, located along the west side of S. Denton Tap Road, and north of Southwestern Boulevard. I. Case No. PD-226-L1, Amcat zoning change request from LI to PD-226-L1 to allow the construction of one non-masonry structure and relocation of roof climbing area with a landscaped screen, located at 1230 Crestside Drive, m. An amendment to the Comprehensive Land Use Plan from Freeway Office to Light Industrial Showroom on 106 acres of property and approval of Case No. PD-222-L1, Duke Lesley Addition, zoning change request from LI to PD-222-L1 to allow for a parking ratio of one space per 5,000-square-feet for warehouse use and a living screen for truck courts instead of a masonry and to attach a Detail Site Plan to allow an office warehouse 13 building located at the northwest corner of Beltline Road and the proposed extension of Dividend Drive. n. Duke Lesley Addition, Lot 2, Block A, Final Plat, to establish a building site, fire lanes and easements to allow the construction of an office warehouse building located north and east of the proposed extension of Dividend Drive. o. Superior Air Parts (Freeport North, Block A Lot 1), Site Plan Amendment, to allow outside cooling towers and fuel tanks to be enclosed on three sides by a 14' 3" masonry wall to be located within the loading dock area on the west side of the building at 621 S. Royal Lane. p. Ordinance for Case No. PD-221-HC, Duke Lesley Addition, zoning change from HC to PD-221-HC to allow for tilt-wall construction and additional attached signage on the office buildings that are 50,000-square-feet or larger and to allow for the development of mixed uses, including retail, office, and hotel located at the northwest corner of IH-635 and South Beltline Road. During the Pre-Session, Planning Director Gary Sieb advised the Commission of Council's actions on March 27, 2007, and April 10, 2007, mentioning that all above- mentioned items were approved by Council. B. Director's comments: Planning Director Sieb introduced the new staff member, Juanita Miles. With nothing further to discuss, the meeting adjourned at approximately 10 p.m. ~i~~~~it ATTEST:r ~ Juanita Miles, Secretary 14