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BM 2008-05-15 PZ Minutes of May 15, 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, May 15, 2008, in the Council Chambers of Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following commissioners were present: COMMISSIONERS: EDDIE HAAS, CHAIR JOHN FOX, VICE CHAIR GREG FRNKA CHARLES SANGER HAUSEN ROBERT SHIPLEY DAVID SHUTE Commissioner Kittrell was not present. Also present was Planning Director, Gary Sieb; Assistant Planning Director, Marcie Diamond; City Planner, Matt steer; Deputy Chief/Prevention, Tim Oates; Graduate Engineer, Michael Garza; and Planning Secretary, Juanita Miles. PRE-SESSION: 1. (ODen to the Public) Briefing on the Agenda. Staff briefed the Commission on the cases. REGULAR SESSION: 2. (ODen to the Public) Call to Order. Chairman Haas called the meeting to order. 3. Approval of minutes dated April1?, 2008. Commissioner Shipley made a motion to approve the minutes of April 17, 2008, as written. Commissioner Frnka seconded; motion carried (6-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, and Shipley voting in favor; none opposed. 4. PUBLIC HEARING: Consider approval of Case No. S-1246-TC, DeVine Cellars, zoning change request from TC (Town Center) to S-1246-TC (Special Use Permit- 1246- Town Center), to allow the operation of a 2,100-square-foot retail/convenience store and restaurant located in the Town Center Addition, Lot 3, Block 1, 230 Denton Tap Road, Suite 104, at the request of JJ Dahl. Presentation: Assistant Planning Director, Marcie Diamond introduced the item to the Commission showing exhibits. Staff recommended approval subject to four conditions which she read into record. Page 1 OF 4 Jean Dahl, for DeVine Cellars, 120 S. Denton Tap Rd., Suite 450C-PMB209, Coppell, TX 75019, was present to represent this case before the Commission and answer any questions. She stated agreement with staff's conditions. 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: Following review and discussion, Commissioner Shipley made a motion to approve Case No. S-1246-Tc' DeVine Cellars, zoning change request from TC (Town Center) to S-1246-TC (Special Use Permit-1246-Town Center), subject to the following staff conditions: 1. Submission of a parking study to demonstrate that sufficient parking spaces will be available at peak times to accommodate these uses. 2. Submission of the proposed elevation and signage at the rear door and encourage the use by the patrons. 3. Special Exception of eight (8) parking spaces being granted by the Board of Adjustment. 4. Ensure compliance with all T ABC rules and regulations. Commissioner Shute seconded; motion carried (6-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen and Shipley voting in favor. None opposed. 5. CONTINUED PUBLIC HEARING: Consider approval of Case No. S-1234R-SF-12, ARK Montessori School, zoning change request from S-1234-SF-12 (Special Use Permit-1234-Single Family-12) to S-1234R-SF-12 (Special Use Permit-1234 Revised-Single Family-12), to allow a day care and after school program within the existing church building located on approximately 0.6 acres of property located at E. 517 Sandy Lake Road at the southwest corner of Holly Street, at the request of Byung G. Shin, being represented by Sally Choi. THE APPLICANT IS REQUESTING THAT THIS CASE BE POSTPONED TO THE JUNE 19,2008 PLANNING & ZONING MEETING. Chairman Haas stated that the applicant submitted a letter requesting more time to address staff's required revisions. Action: Commissioner Fox made a motion to hold the case open and continue the public hearing for Case No. S-1234R-SF-12, ARK Montessori School, to the June 19, 2008 meeting. Commissioner Shipley seconded; motion carried (6-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen and Shipley voting in favor. None opposed. 6. PUBLIC HEARING: Consider approval of Case No. PD-221 R5-HC, Duke Lesley Addition, zoning change request from PD-221-R3-HC (Planned Development-221 Revision 3-Highway Commercial) to PD-221 R5-HC (Planned Development-221 Revision 5- Highway Commercial) to attach a detail site plan to allow a 5,000- Page 2 OF 4 square-foot convenience store with ten gas pumps on 1.67 acres of land located along the west side of S. Belt Line Road, approximately 636 feet north of IH 635, at the request of RaceTrac Petroleum, being represented by Michael Ruelle, Kimley-Horn Associates, Inc. Presentation: City Planner, Matt Steer introduced the item to the Commission showing exhibits, color boards and elevations. He stated staff does not support a gas station/convenience store use in this area. Staff recommends denial and he listed several items not addressed by the applicant which he read into record. Mr. Steer added that four notices were sent to property owners within 200 feet of this request; none returned in favor or in opposition. Alicia Rhymer, Race Trac Petroleum, 3225 Cumberland Blvd., Ste. 1001, Atlanta, GA 30339, was present to represent this case before the Commission and answer any questions. Ms. Rhymer along with Bill Dahlstrom, Mike Ruelle, and Brian Thornton defended this proposed development with an extensive presentation with exhibits and slides. Public Hearinc: 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: Brian Thornton, Race Trac Petroleum - 3225 Cumberland Blvd., Ste. 1001, Atlanta, GA 30339 Chairman Haas closed the public hearing. Action: Following review and discussion, Commissioner Shipley made a motion to deny Case No. PD-221 R5-HC, Duke Lesley Addition. Commissioner Shute seconded; motion carried (6-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen and Shipley voting in favor of denial. None opposed. 7. PUBLIC HEARING: Consider approval of the Duke Lesley Addition, Lots 1 R & 4, Block C, ReDlat. being a replat of Lot 1, Block C, to establish fire lanes and easements on Lot 4 to allow the development of a convenience store with gas pumps on 1.67 acres of land located along the west side of S. Belt Line Road, approximately 636 feet north of IH 635, at the request of RaceTrac Petroleum, being represented by Michael Ruelle, Kimley-Horn Associates, Inc. Presentation: Matt Steer stated staff's recommendation for denial of this replat due to the easements shown; being specific to the detailed PD that was recommended for denial. Public Hearinc: 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 3 OF 4 Chairman Haas closed the public hearing. Action: Commissioner Frnka made a motion to deny the Duke Lesley Addition, Lots 1 R & 4, Block C, Replat because of the denied planned development request. Commissioner Shute seconded; motion carried (6-0) with Commissioners Frnka, Shute, Haas, Fox, Sangerhausen and Shipley voting in favor of denial. None opposed. 8. General discussion concernino Dlanninc and zonino issues. A. Update on Council planning agenda actions on April 22, 2008 and May 13, 2008: a. PD-215R-L1, Victron Energy, a zoning change from PD-215-L1 to PD-215R-L1, to allow red & yellow illuminated signage on the gas pump canopy and internally illuminated signage on two sides of an eight-foot tower extension located south of I.H. 635, east of Royal Lane. (April 22, 2008) b. PD-200R2-SF-12, Petterson Addition, a zoning change from PD-200R-SF-12 to PD-200R2-SF-12, to allow: realignment of the mutual access/fire lane easement, garage access must only be accessed off of the alley; revise landscape plan and construction of four single-family homes located along the north side of Sandy Lake Road, approximately 130 feet west of Summer Place Drive. c. Petterson Addition, Lots 1 R-4R & 1 XR, Block A, a replat to establish four single-family residential lots, one common area, easements, and a fire lane. d. Ordinance for Case No. PD-209R-C, TownOaks Centre, a zoning change from PD-209-C to PD-209R-C. e. Ordinance for Case No. PD-214R3-SF-9, Arbor Manors Phase II, a zoning change from R to PD-214R3-SF-9. f. Ordinance for Case No. PD-222R2-L1, Duke Lesley Addition, a zoning change from PD-222-L1 to PD-222R2-L1. During the Pre-Session, Planning Director Gary Sieb advised the Commission of Council's actions on April 22 and May 13, 2008, mentioning that all the above- mentioned items were approved by Council. B. Director's comments: There were none. With nothing further to discuss, the meeting adjourned at approximately 8: 13 p.m. ;~s~/r , ATTEST: Page 4 OF 4