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BM 2008-02-21 PZ Minutes of February 21, 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, February 21, 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 was Planning Director, Gary Sieb; Assistant Planning Director, Marcie Diamond; City Planner, Matt steer; Graduate Engineer, Michael Garza; Deputy Chief/Prevention, Tim Oates and Secretary, Juanita Miles. 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 Eddie Haas called the meeting to order. 3. Approval of minutes dated January J 7, 2008. Commissioner Shipley made a motion to approve the minutes of January 17, 2008, as written. Commissioner Fox seconded; motion carried (7-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor; none opposed. 4. Consider approval of the Arbor Manors, ReDlat, a replat to revise the previously approved subdivision to eliminate a 4,800-square-foot common area lot and to incorporate this area into an enlarged and reconfigured five lots, allowing the development of 73 single-family homes and 10 common area open spaces on approximately 25.15 acres of property located south of Sandy Lake Road and west of Denton Tap Road, at the request of Matt Alexander, Dowdey, Anderson & Associates, Inc. Presentation: Director of Planning, Gary Sieb introduced this case to the Commission, showing exhibits. A telephone conversation with the engineer was received earlier in the day that responded to the first condition. Staff recommends approval subject to two conditions which he read into record. Page 1 of9 - T Dan Heischman, Dowdy, Anderson & Associates, 5225 Village Creek Ste. 200, Piano TX, 75093, stated agreement with staff's recommendations and was available to answer any questions. Mr. Heischman had some concern with the 58-foot setback in order to save trees in the front yards and stated agreement with what was submitted. He also mentioned that construction would start the week after approval by City Council. Discussion: There was no discussion. Action: Commissioner Fox made a motion to approve the Arbor Manors, ReDlat with staff's conditions: 1. Provide a tree inventory sheet stating number of caliper inches being saved by the application, the number of trees being removed with re- alignment of street (in caliper inches). We now have the information for this condition. 2. Delineate a 58-foot front yard setback on lots 1-5, Block E. Commissioner Shute seconded; motion carried (7-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 5. PUBLIC HEARING: Consider approval of Case No. S-1245-TC, DeVine Cellars, zoning change request from TC (Town Center) to S-1245-TC (Special Use Permit- 1245-Town Center), to allow the operation of a 2,272-square-foot retail/convenience store and restaurant, located in the Town Center Addition, along the east side of Denton Tap Road north of Town Center Blvd at the request of JJ Dahl. Presentation: City Planner, Matt Steer introduced this case to the Commission, showing exhibits. Matt stated that nine notices were sent to property owners within 200 feet of this request; zero returned in favor and zero returned in opposition. Staff recommends approval with conditions which he read into record. Jean Dahl, 279 Tealwood Drive, Coppell, TX, 75019, stated agreement with staff's recommendations and was available to answer any questions. Discussion: There was a comment from the Commission requesting clarification of the closing time (12:00 a.m. instead of 12:00 p.m.) and the glass wall in the hallway separating the retail area from the restaurant area. 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. Page 2 of 9 Chairman Haas closed the public hearing. Discussion: There was no additional discussion. Action: Commissioner Sangerhausen made a motion to approve Case No. S-1245-TC, DeVine Cellars, zoning change request from TC (Town Center) to S-1245-TC (Special Use Permit-1245-Town Center), subject to the following conditions: 1. Ensure compliance with all T ABC rules and regulations. Please contact Bob Wallace at 214-678-4014 for permitting/licensing requirements. 2. Revise sign plan to include exact dimensions, as the dimensions shown are too large and ensure the signage matches that of the center (color, type, materials, etc...). Please provide a color photo simulation of the sign on each elevation at time of permitting. 3. Revise Parking Analysis to reflect correct figures. 4. The development shall be in accordance with the Site Plan, Floor Plan and Revised Sign Elevations. 5. Hours of operation shall be limited to 10 a.m. to 10 p.m. Monday through Thursday, until 12 a.m. on Friday and Saturday, and between noon and 6 p.m. on Sunday. Commissioner Frnka seconded; motion carried (7-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 6. CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-215R-L1, Victron Eneroy, zoning change request from PD-215-L1 (Planned Development- 215-Light Industrial) to PD-215R-L1 (Planned Development-215 Revised-Light Industrial) as revised, to allow red & yellow striping and internally illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight-foot tower extension 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 case to the Commission, showing exhibits and elevations. Matt stated that four notices were sent to property owners within 200 feet of this request; no responses returned in favor or in opposition. Staff recommends denial of this request and recommends approval of the revised signage on the canopy and tower which he read into record. Discussion: Commission concerns to staff were as follows: . The Commission would like to help the applicant with signage visibility from IH 635 before the exit, because of the location. . Development rights on the adjacent property would hinder more of the visibility of the gas station. Page 3 of 9 - T . The usage of the black and white logo on the canopy that is similar to the logo on the building. . The off-premise billboard sign which is grandfathered until it is amortized by the BOA. . The property owner's reason for developing this property. . Possibility of using TXDOT logo signs as another option. . The red and yellow canopy would make the gas station more visible than and a white canopy. Mr. Bennett Ratliff, of The Ratliff Group. LLC, Coppell, TX 75019, representing Victron Energy, presented his case to the Commission showing exhibits of three Shell sites in the general area in order to show the branding from the competing stores. Applicant is not agreeable to staff's recommendation for the compromise. He also presented pictures of the areas along the highway in order to show the limited visibility from the highway. Mr. Ratliff talked with the Shell Branding Manager and presented to him the options from staff. He stated that the shell will not deviate from the requested signage. There is not a surface mounted option that the applicant and the branding department could agree upon. 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. The following people spoke: Gordon Pratt, 777 S. MacArthur Blvd., #413, Coppell, TX 75019 - Stated that when he drove on IH 635, the gas station cannot be seen and could be passed up very easily. Chairman Haas closed the public hearing. Discussion: . The Commission feels that the logo on the tower and the red lettering on the canopy would be more helpful to the applicant than the red and yellow canopy. . The Commission should not compromise the zoning standards and set the precedent. Action: Commissioner Haas made a motion to deny the previous request and approve revised Case No. PD-215R-LL Victron Enerav zoning change request from PD-215- LI (Planned Development-215-light Industrial) to PD-215R-L1 (Planned Development-215 Revised-light Industrial) with the following revised conditions: 1. Revise the tower signage to include only an 8' x 8' internally illuminated shell. 2. Eliminate the canopy modifications from the proposal. Page 4 of 9 Commissioner Shute seconded; motion carried (7-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 7. CONTINUED PUBLIC HEARING: Consider approval of Case No. PD-223R-C, Chase Bank (Kimbel Addition), zoning change request from PD-223-C (Planned Development-223-Commercial) to PD-223R-C (Planned Development-223 Revised-Commercial) to attach a revised Detail Site Plan to allow the development of a 3,889-square-foot bank with three 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 the revised request to the Commission, showing exhibits and elevations. Ms. Diamond reviewed the original PD which permitted this use and deviated to the zoning and landscape ordinances for the new Commissioners. She stated staff recommended approval with conditions and engineering comments, which she read into record. Mathew Cragun, O'Donnell Engineering, 1601 E. Lamar Blvd., Ste. 210, Arlington, TX 76011, stated agreement with staff's recommendations with the exception of the blue awnings and was available to answer any questions. He stated that the company stopped using the awnings because of the high cost of maintenance. The Commission suggested keeping the awnings, possibly using another material that would be less expensive to maintain. The Commission felt that the awnings add more appeal to the structure. The height of the trees, brightness of the A TM lighting and traffic flow in and out of the bank was also commented on. 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. Discussion: There was no additional discussion and comments. Action Commissioner Sangerhausen made a motion to approve Case No. PD-223R-C, Chase Bank (Kimbel Addition), zoning change request from PD-223-C (Planned Development-223-Commercial) to PD-223R-C (Planned Development-223 Revised-Commercial) with the following revised conditions and Engineering comments: ,. To consider reinstating the awnings. 2. Indicate the locations for the proposed Purple Wintercreeper on the plan. Page 5 of 9 Engineering Comments: 1. If lime stabilization is not going to be used for the paving, a waiver request must be submitted by the engineer along with the geotechnical report and the thickness of concrete increased by one inch. 2. The retaining wall is in conflict with the sanitary sewer on the east side of the project. The engineered retaining wall design will need to be submitted to Engineering Department during the plan review process. 3. It appears that a full set of construction plans was submitted with the DRC information. These plans should not be considered submission for engineering approval. Plans for review should not be submitted until approval from Planning and/or City Council is granted. No second; motion fails. Commissioner Kittrell made another motion to approve Case No. PD-223R-C, Chase Bank (Kimbel Addition), zoning change request from PD-223-C (Planned Development-223-Commercial) to PD-223R-C (Planned Development-223 Revised-Commercial) to attach a revised Detail Site Plan with the following revised conditions and Engineering Comments: 1. Reinstate the awnings. 2. Indicate the locations for the proposed Purple Wintercreeper on the plan. Engineering Comments: 1. If lime stabilization is not going to be used for the paving, a waiver request must be submitted by the engineer along with the geotechnical report and the thickness of concrete increased by one inch. 2. The retaining wall is in conflict with the sanitary sewer on the east side of the project. The engineered retaining wall design will need to be submitted to Engineering Department during the plan review process. 3. It appears that a full set of construction plans was submitted with the DRC information. These plans should not be considered submission for engineering approval. Plans for review should not be submitted until approval from Planning and/or City Council is granted. Commissioner Frnka seconded; motion carried (6-1) with Commissioners Frnka, Shute, Haas, Fox, Shipley and Kittrell voting in favor. Commissioner Sangerhausen opposed. 8. PUBLIC HEARING: Consider approval of Case No. S-1238R-C, Keas N Cellar. zoning change request from S- 1238-C (Special Use Permit-1238-Commercial) to S- 1238R-C (Special Use Permit-1238 Revised-Commercial) to allow an additional 23- square-foot attached sign on the west elevation in addition to the two existing attached signs for the 2,850-square-foot convenience/retail store located at 777 S. MacArthur Blvd., #413, at the request of Gordon Pratt, Kegs N' Cellar. Presentation: Assistant Planning Director, Marcie Diamond introduced this case to the Commission, showing exhibits and elevations. She stated staff recommended approval per the Building Inspection's interpretation that this additional 23- square-foot sign would be in compliance with the sign ordinance. Page 6 of 9 - .,.. Discussion: There was no discussion. Gordon Pratt, 777 S. MacArthur Blvd., #413, Coppell, TX 75019, 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 Shipley made a motion to approve Case No. S-1238R-C, Keas N Cellar, zoning change request from S-1238-C (Special Use Permit-1238- Commercial) to S-1238R-C (Special Use Permit-1238 Revised-Commercial) to allow an additional 23-square-foot attached sign on the west elevation in addition to the two existing attached signs. Commissioner Frnka seconded; motion carried (7-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voting in favor. None opposed. 9. PUBLIC HEARING: Consider approval of two text amendments to the Coppell Zoning Ordinance; Sec. 12-29-3.3 adding U(P) Signs which advertise or refer to the sale or consumption of alcoholic beverages by words or symbols" to types of signs are specifically prohibited, and Sec. 12-29-4.3(A)i, requiring individually mounted letters in the industrial districts. Presentation: Assistant Planning Director, Marcie Diamond introduced this case to the Commission, showing exhibits. She stated that staff recommended approval of the two text amendments to the Coppell Zoning Ordinance. Discussion: There was no discussion. 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. The following people spoke: Gordon Pratt, 777 S. MacArthur Blvd., #413, Coppell, TX 75019 - Mr. Pratt feels that it's very important to be allowed to state to people exactly what he sells in his store. He sees no reason why his sign would be offensive to anyone if he put small letters saying 'Beer & Wine Store' on his sign, in order that his business is more visible to people in the present location. He feels that it would help add revenue to his store. Chairman Haas closed the public hearing. Page 7of9 Discussion: The Commission questioned how long has the ordinance been in effect and if there could be any updated changes since Coppell is now wet. Ms. Diamond stated that the City Council is very firm with these sign restrictions for beer, wine and liquor sales, in keeping with the image of the City of Coppell. Action Commissioner Kittrell made a motion to approve amendments to the Coppell Zoning Ordinance; Sec. 12-29-3.3 and Sec. 12-29-4.3(A)i. Commissioner Sangerhausen seconded; motion carried (6-1) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen and Kittrell voting in favor. Commissioner Shipley opposed. 10. General discussion concernino Dlannina and zonina issues. A. Update on Council planning agenda actions on February 12, 2008: a. Case No. PD-227R-SF-12, Bellacere Addition, a zoning change from PD- 227-SF-12 to PD-227R-SF-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 property located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive. b. 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 property located along the north side of Sandy Lake Road, approximately 150 feet east of Summer Place Drive. c. Case No. PD-221 R4-HC, Duke Lesley Addition, a zoning change request from PD-221-HC to PD-221 R4-HC to allow two oversized Monument Signs to be located in the medians of Dividend Drive and Point West Boulevard (one at each location). d. Northpoint, Lotl R and Lot 2, Block 1, Replat, being a replat 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 property, located east of S.H. 121 and south of Northpoint Drive. e. Approval of a 12-month extension to the expiration date (March 19,2008) of The Chateaus of Coppell Final Plat, to allow the development of 56 single- family homes and common/open space lots on property located at the southwest corner of Bethel and Denton Tap Roads. f. Ordinance for 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 on property located at the northeast corner of S.H. 121 and Denton Tap Road. g. Ordinance amending Section 6-15-6 of the Sign Ordinance, provisions for temporary (on-premise) signs, relating to advertising the sale, rental or lease of property. During the Pre-Session, Planning Director Gary Sieb advised the Commission of Council's actions on February 12,2008, mentioning that all the above-mentioned items were approved by Council. Page 8 of 9 . - T B. Director's comments: Mr. Sieb commented on the editorial in the Citizens Advocate about the Commission, it was respectfully done and it expressed the City's appreciation for what the Commission does. Commissioner Haas commented on the Joint Work Session last month stating that this and more work sessions would be beneficial to all involved and the City of Coppell. With nothing further to discuss, the meeting adjourned at approximately 8:25 p.m. ~~ir ATTEST: /kA Page 9 of9 - T