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BM 2008-01-17 PZ Minutes of January 17, 2008 PLANNING AND ZONING COMMISSION The Planning and Zoning Commission of the City of Coppell met in pre-session at 6:00 p.m., and in regular session at 6:30 p.m., on Thursday, January 17,2008, in the Council Chambers of Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: COMMISSIONERS EDDIE HAAS, CHAIR JOHN FOX, VICE CHAIR GREG FRNKA ANNA KITTRELL CHARLES SANGERHAUSEN ROBERT SHIPLEY DAVID SHUTE Also present were Planning Director, Gary Sieb; Assistant Planning Director, Marcie Diamond; City Planner, Matt Steer; Director of Engineering/PW, Ken Griffin; Graduate Engineer, Michael Garza; Graduate Engineer, DiWanna Baskins; Deputy Chief/Prevention, Tim Oates and Secretary, Juanita Miles. PRE-SESSION (Open to the Public) 1. Briefing on the Agenda. Staff briefed the Commission on the cases and actions taken by Council on January 8, 2008. REGULAR SESSION (Open to the Public) 2. Call to Order. Chairman Eddie Haas called the meeting to order. 3. Approval of minutes dated December 20, 2007. Commissioner Sangerhausen made a motion to approve the minutes of December 20, 2007, as written. Commissioner Shipley seconded; motion carried (7-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor; none opposed. 4. PUBLIC HEARING: Consider approval of Case No. PD-227R-SF-12, Bellacere Addition, zoning change request from PD-227-SF-12 (Planned Development- 227-Single Family-12) to PD-227R-SF-12 (Planned Development-227 Revlsed- Single Family-12), to allow: realignment of the mutual access/fire lane easement; reconfiguration of the common area lot; relocation of the garage access on Lot 4; and 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. Page 1 of9 ~ - T Presentation: City Planner, Matt Steer introduced this case to the Commission, showing exhibits, and a board of simulated stone for the elevations. Matt stated that 30 notices were sent to property owners within 200 feet of this request; no responses returned in favor or in opposition. Staff recommends approval subject to conditions which he read into record. Discussion: Some discussion occurred concerning whether the emergency gate on lot four would be padlocked. Staff mentioned that a knox box will be used as the locking device Micha Duffy, of Hamilton Duffy. PC, 601 W. Harwood Road, Hurst, TX 76054, stated agreement with staff's recommendations and was available to answer any questions. Public Hearina: Chairman Haas 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 Haas closed the public hearing. Discussion: There was no additional discussion. Action: Commissioner Shipley made a motion to approve Case No. PD-227R-Sf-12, Bellacere Addition, zoning change request from PD-227-SF-12 (Planned Development-227-Single Family-12) to PD-227R-SF-12 (planned Development- 227 Revised-Single Family-12) with the following conditions: 1. A tree removal permit is required prior to the start of construction. 2. Tree retribution in the amount of $3,900 will be required at that time. 3. The drainage and utilities (fire hydrants) will be evaluated further during the engineering plan review. 4. Include emergency gate details on the 'Screening Wall/Gate Detail Sheet' and ensure the stone wall is 'natural stone'. Commissioner Kittrell seconded; motion carried (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 5. Consider approval of the Bellacere Addition, Lots 1-4. Block A, final Plat, to establish four single-family residential lots, one common area, easements, and a fire lane 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. Page 2 of 9 - T Presentation: City Planner, Matt steer introduced this companion case to the Commission, showing exhibits. Staff recommends approval subject to conditions which he read into record. Discussion: There was no discussion. Micha Duffy, of Hamilton Duffy. PC, 601 W. Harwood Road, Hurst, TX 76054, stated agreement with staff's recommendations and was available to answer any questions. Action: Commissioner Sangerhausen made a motion to approve the Bellacere Addition, Lots 1-4. Block A, final Plat, subject to the following conditions: 1. A tree removal permit is required prior to the start of construction. 2. Tree retribution in the amount of $3,900 will be required at that time. 3. Transfer all information from "Inset A" to plan and remove inset. 4. Change scale of plan to 1" = 30'. 5. Change note relating to Lot 1 X to read "No habitable structures shall be built on this lot." 6. Include dimensions and acreage of right-of-way proposed to be dedicated. Commissioner Frnka seconded; motion carried (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 6. PUBLIC HEARING: Consider approval of Case No. PD-215R-L1, Victron Enerav, zoning change request from PD-215-L1 (Planned Development-215- Light Industrial) to PD-215R-L1 (Planned Development-215 Revised-Light Industrial) to allow red & yellow striping and Internally illuminated slgnage on the gas pump canopy and a 40-foot tall, internally lit pole sign to be located along I.H. 635 on 2.34 acres of property within the city of Coppell and the city of Irving, located south of I.H. 635, east of Royal Lane, at the request of Bennett Ratliff, The Ratliff Group, LLC representing Victron Energy. Presentation: City Planner, Matt steer introduced this c ase to the Commission, showing exhibits. Staff recommends denial of this request but approval of the compromise for canopy signage details which he read into record. Matt stated that four notices were sent to property owners within 200 feet of this request; no responses returned in favor or in opposition. Discussion: Commission concerns to staff were as follows: The size of the "Shell" signage shown on the canopy in staff's presentation. Page 3 of 9 The signage requirements in Irving versus requirements in Coppell. The applicant using any logo at all on the proposed canopy. The height of the exiting billboard sign. Time limits for the sign on the property. Pole signs and off premise signs are prohibited Flexibility because of the interstate location. The visibility of the signage from the highway. Mr. Steer addressed the Commission stating that the sign requirements of the portion of property in Irving are regulated by DFW Airport; and the pole sign was rejected by the airport because of height limitations. Mr. Sieb talked about previous requests for signage at this location. Staff has presented to the applicant an option of a 20% logo that could be the color of the 'Shell' signs in other areas and still be in conformance to the ordinance as to the number of signs allowed. The Board of Adjustment has the right to eliminate nonconforming uses. The Board has to formally adopt a period of time in which the property that is being advertised can amortize its value. Determining the amount of value is very difficult. Mr. Bennett Ratliff, of The Ratliff Group. LLC, Coppell, TX 75019, representing Victron Energy, clarified the nature of this request and purpose. The visibility is affected because of not being able to see the sign or canopy in its present location. Shell's store is low in sales because of the height restrictions of the signage based on the topography of the property. The billboard is not Shell's property and it would be a great expense to use for advertisement. DFW Airport does not allow pylon pole signs and the portion in Irving is regulated by DFW Airport so the applicant can only put the sign requested at the site as presented. The owner does not agree to staff's recommendation of a compromise because it is not adequate signage to identify the store and give people enough distance to recognize where it is and get off the freeway. The applicant respectfully requested consideration of additional signage above and beyond what staff is recommending as a compromise. Discussion: There were additional questions and comments from the Commission: Mr. Ratliff's involvement in the original planned development request. Why was this type of signage not asked for initially? Length of time open for business. Possibility of using a part of the existing billboard for signage. Maybe a pole sign would be feasible because of the location. The applicant could work with staff's compromise, and if it doesn't work, come back before the Commission and make their case. Tastefully toning down the bright red and yellow canopy color. Public Hearina: Chairman Haas 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 Haas closed the public hearing. Page 4 of 9 Discussion: There was additional discussion about tabling this request to the next meeting, in order that a compromise could be worked out between the applicant and staff, Action: Commissioner Shipley made a motion to leave the public hearing open and continue Case No. PD-215R-LI. Victron Enerav. zoning change request to the February 21,2008 meeting to provide more time for the applicant and staff to work toward a compromised proposal. Commissioner Kittrell seconded; motion carried (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 7. PUBLIC HEARING: Consider approval of Case No. PD-221 R4-HC, Duke Lesley Addition, zoning change request from PD-221-HC (Planned Development-221- Highway Commercial) to PD-221 R4-HC (Planned Development-221 Revision 4- Highway Commercial) to allow two oversized Monument Signs to be located in the medians of Dividend Drive and Point West Boulevard (one at each location) at the request of Alex Bennett, Duke Realty. Presentation: Planning Director, Gary Sieb introduced this case to the Commission, showing exhibits. Staff recommends approval with five conditions which he read into record. Gary stated that five notices were sent to property owners within 200 feet of this request; two responses returned in favor and none in opposition. Jeff Thornton, Duke Reality, 14241 N. Dallas Pkwy., Suite 1000, Dallas, TX 75254, presented his case to the Commission with exhibits of monument sign designs and answered questions from the Commission. The applicant was in agreement with staff to reduce the size of the sign to 12 feet in height and the other conditions as stated by staff. Discussion: The Commission had some concerns about the usage of Core Ten which can rust over time and streak around the stone; applicant stated that the sign will be maintained to prevent rust, streaks and stains. Public Hearina: Chairman Haas 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 Haas closed the public hearing. Discussion: There were additional discussion and comments: Adding a condition for maintenance of the monument sign. Previous cases that were allowed to have pylon signs. Mr. Sieb stated that Council only approved such signage along I.H, 635. Location of the sight triangles. Page 5 of 9 Action Commissioner Shipley made a motion to approve Case No. PD-221 R4-HC, Duke Leslev Addition. zoning change request from PD-221-HC (Planned Development-221-Highway Commercial) to PD-221 R4-HC (Planned Development-221 Revision 4- Highway Commercial) to allow two oversized Monument Signs to be located in the medians of Dividend Drive and Point West Boulevard (one at each location) subject to a revision to condition number one (1) to a maximum height of 12 feet and a subsequent reduction in length to '17.6 feet' with the remaining conditions as stated: 1. Approval of building materials as proposed. 2. Provide detailed landscaping plans and specify plant materials within both monument sign entry areas. 3. Specify color of lettering and logo (with size) on elevation sheet. 4. Obtain right-of-way use agreement through the Engineering Department. Commissioner Sangerhausen seconded; motion carried (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 8. PUBLIC HEARING: Consider approval of the Northpoint. Lon R and Lot 2, Block 1, Replot, being a replot of Lot 1, Block 1 of the Northpoint Addition, to allow the abandonment of various easements and the dedication of a mutual access easement allowing for access to the development on Lot 2 in the City of Grapevine on 16.13 acres of property, located east of S.H. 121 and south of Northpoint Drive, at the request of Robert Schneeberg, Gonzales + Schneeberg Engineers. Presentation: Planning Director, Gary Sieb introduced this case to the Commission, showing exhibits. Staff recommends approval with no conditions. Discussion: There was no discussion. Robert Schneeberg, P.E., Gonzalez & Schneeberg Engineers, 660 N. Central Expressway, Ste. 250, Piano, TX 75074, stated agreement to staff's recommendation and was available to answer questions from the Commission. Public Hearina: Chairman Haas 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 Haas closed the public hearing. Action Commissioner Frnka made a motion to approve the Northpoint. Lon R and Lot 2, Block 1. ReDlat, with no conditions. Commissioner Shute seconded; motion carried (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. Page 6 of 9 T 9. PUBLIC HEARING: Consider approval of Case No. PD-223R-C, Chase Bank (Kimbel Additionl. zoning change request from PD-223-C (Planned Development-223-Commercial) to PD-223R-C (Planned Development-223 Revised-Commercial) to attach a Detail Site Plan to allow the development of a 3,848-square-foot bank with four drive-thru lanes on 0.70 acres of property, located at the southeast corner of MacArthur Boulevard and Village Parkway at the request of Mathew Cragun, O'Donnell Engineering. Presentation: Assistant Planning Director, Marcie Diamond introduced this case to the Commission, and stated that staff recommended to the applicant that this case be held under advisement for 30 days, because of issues related to the development of the property. A letter from the applicant was received in agreement to staff's recommendation; therefore, the public hearing is left open and continued to the February 21,2008 meeting. Discussion: There was no discussion. The applicant, Matthew Cragun with O'Donnell Engineering was present and in agreement to staff's recommendation. Public Hearino: Chairman Haas 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 Haas closed the public hearing. Action Commissioner Kittrell made a motion to leave the public hearing open and continue Case No. PD-223R-C, Chase Bank (Kimbel Additionl. zoning change request to the February 21, 2008 meeting per staff's recommendation. Commissioner Frnka seconded; motion carried (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 10. Consider approval of the Alexander Court, Lots 1-29, Block A, final Plat, to allow a subdivision of 29 single-family lots and two common area lots on 18.5 acres of property, located at the northwest corner of Bethel and Denton Tap Roads, at the request of John L. Hawkins, Mira Mar Development Corporation. Presentation: Assistant Planning Director, Marcie Diamond introduced this case to the Commission, showing exhibits. Ms. Diamond discussed the history of this particular case to the Commission. Staff recommends denial of this final plat for Alexander Court until such time that all of the outstanding conditions are met which she read into the record. Page 7of9 Discussion: There was some discussion about the process of the abandonment of the easement and that the future lot owners need to know where the existing clay pipe is. Boundary dispute may no longer be a City issue, but the location of the flood plan lines in relation to the LOMR study is still an outstanding issue. John Hawkins, Mira Mar Development Corporation, 6003 Sunderland Drive, Colleyville, TX 76034, presented his request. Mr. Hawkins stated that he is agreeable that the final plat should not be submitted and recorded until a flood plain letter is received from FEMA. There is no boundary dispute; in that he turned the disputed property over to Mr. Burkebile. Mr. Hawkins feels that the abandoned 12-inch clay pipe should not be shown on the final plat, if it is shown on the preliminary plat. He offered to add a note that is acceptable to staff, but will not show the abandoned 12-inch clay pipe on the recorded final plat. Additional comments: The Commissioners stated their agreement with staff that the notification of an abandoned easement should be graphically shown on the recorded final plat to let the buyer be aware of the clay pipe under their lot. Action Commissioner Shipley made a motion to deny the Alexander Court, Lots 1-29, Block A, final Plat, until the following conditions are addressed: 1. The Final Plat is revised to reflect the 100-flood plain as shown per FIRM #48113C0155J with a date of August 23, 2001, or once the LOMR is received from FEMA the flood plain line being established per that approval. 2. Correction of the sewer easement note and graphically indicating the location of this abandoned easement on the final plat. 3. Resolution of the boundary dispute. Once these conditions are addressed, the final plat can be resubmitted to the Planning and Zoning Commission for consideration. Commissioner Kittrell seconded; motion carried (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 11. General discussion concernina Dlannina and zonina issues. A. Update on Council planning agenda actions on January 8, 2008: a. Case No. PD-228R-HC, Bank of America a zoning change from PD-228- HC to PD-228R-HC to attach a Detail Site Plan to allow the development of a 4,634-square-foot bank with five drive-thru lanes located at the northeast corner of S.H. 121 and Denton Tap Road. b. Ordinance for Case No. PD-232-C, Chicken Express, a zoning change from C to PD-232-C to allow the construction of a 3,348-square-foot freestanding restaurant with drive-thru, drive-in and eat-in service Page 8 of 9 - T During the Pre-Session, Planning Director Gary Sieb advised the Commission of Council's actions on January 8, 2008, mentioning that all the above- mentioned items were approved by Council. B. Director's comments: Mr. Sieb reminded the Commissioners that the work session for the City Council, Planning and Zoning Commission and the Economic Development Committee will be on Tuesday, January 29, 2008 at 6:00 p.m. in the training conference room at Fire station #3. There will be a light meal served and the topic for discussion will be what's in the future for the City of Coppell. With nothing further to discuss, the meeting adjourned at approximately 8:20 p.m. Fdclu /rbAA!~ Eddie Haas, Chair~an ATTEST. Page 9 of9 T