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BM 2009-05-21 PZ Minutes of May 21, 2009 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 21, 2009, in the Council Chambers of Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas. The following Commissioners were present: COMMISSIONERS: EDMUND HAAS, CHAIR ANNA KITTRELL DEREK JETT GREG FRNKA, VICE CHAIR CHARLESSANGERHAUSEN DAVID SHUTE Commissioner Robert Shipley was not present. Also present was Planning Director, Gary Sieb; Assistant Planning Director, Marcie Diamond; City Planner, Matt. Steer; Director of Engineering & Public Works, Ken Griffin; Graduate Engineer, Michael Garza; Graduate Engineer, DiWanna Baskins; Deputy Chief/Prevention, Tim Oates and Planning Secretary, Juanita Miles. PRE-SESSION: (Open to Public) 1. Briefing on the Agenda. Staff briefed the Commission on the cases. REGULAR SESSION: (Open to Public) 2. Call to Order. Chairman Haas called the meeting to order. 3. Consider approval of minutes for April 16, 2009. Commissioner Sangerhausen made a motion to approve the minutes for April 16, 2009, as written. Commissioner Shute seconded; motion carried (6-0) with Commissioners Jett, Shute, Frnka, Haas, Sangerhausen, and Kittrell voting in favor. None opposed. Chairman Haas mentioned during Pre-Session, staff requested that Item #5 be moved ahead of Item #4. Commissioner Jett made a motion to move agenda Item #5 ahead of Item #4. Commissioner Kittrell seconded, motion carried (6-0) with Commissioners Jett, Shute, Frnka, Haas, Sangerhausen and Kittrell voting in favor. None opposed. (5.) PUBLIC HEARING: Consider approval of Case No. PO 163R5-SF-9, Windsor Estates, Lot 17, Block A, a zoning change request from PD-163R2-SF-9 (Planned Development-163 Revision 2- Single Family-9) to PD-163R5-SF-9 (Planned Development-163 Revision 5-Single Family-9) to allow stucco finish in lieu of the 80% masonry requirement on Lot 17, Block A (917 Deforest Road) at the request of Terry Holmes, Holmes Builders. STAFF REP.: Matt Steer p&zminutes052109 Page 1 of 5 Presentation: City Planner, Matt Steer introduced this case to the Commission showing exhibits. He mentioned that 23 notices were mailed to property owners within 200 feet of this request. One response returned in opposition with no reason stated and one returned undecided. He recommended staff's approval with conditions, which he read into the record. Terry Holmes, The Holmes Builders, 1445 MacArthur Drive, Ste. 200, Carrollton Texas, was present to represent this case before the Commission, to address any questions and agreed with staff's recommendation. Public Hearina: Chairman Haas opened the Public Hearing, asking for people who wanted to speak in either favor or opposition or wanted to comment on this request to come forward. No one spoke. Chairman Haas closed the public hearing. Action: After review and discussion, Commissioner Sangerhausen made a motion to approve Case No. PD 163R5-SF-9. Windsor Estates. Lot 17. Block A, a zoning change request from PD-163R2-SF-9 (Planned Development-163 Revision 2-Single Family-9) to PD- 163R5-SF-9 (Planned Development-163 Revision 5-Single Family-9) subject to the following conditions: 1. Plans are approved by the Architectural Review Committee of the Homeowner's Association of Windsor Estates. 2. Reorient the plans to have north to the top of the page and revise north arrow. 3. Label the first and second floors on the Site Plan/Floor Plan. 4. Include total lot area within the table. 5. Revise site plan to an engineering scale. Commissioner Kittrell seconded; motion carried (5-1) with Commissioners Jett, Frnka, Haas, Sangerhausen, and Kittrell voting in favor. Commissioner Shute opposed. (4.) PUBLIC HEARING CONTINUED: Consider approval of Case No. S-1033R2-SF-12. Manara Academv, a zoning change request from S-1033R-SF-12 (Special Use Permit-1033 Revised-Single Family-12) to S-1033R2 SF-12 (Special Use Permit-1033 Revision 2-Single Family-12), to allow a Charter School for Grades K-5, with a enrollment capacity of 326, to occupy the Christ Our Savior Lutheran Church building only for the 2009 - 2010 school year. The church shall also be permitted to remain as a secondary use on these 4.58 acres of property located at 140 S. Heartz Road at the request of Sadak Shaik, Manara Academy. STAFF REP.: Marcie Diamond EXECUTIVE SESSION: (Closed to Public) Convene Executive Session A. SECTION 551.071, TEXAS GOVERNMENT CODE - CONSULTATION WITH CITY ATTORNEY. p&zminutes052109 Page 2 of 5 Chairman Haas convened into Executive Session at 6:48 p.m. as allowed under the above-stated article. Chairman Haas adjourned the Executive Session at 7:23 p.m and reconvened the Regular Session. REGULAR SESSION RECONVENEO: (Open to Public) Presentation: Assistant Director of Planning, Marcie Diamond introduced this case to the Commission showing exhibits. She mentioned 53 notices were mailed to property owners within 200 feet of this request. No responses returned in favor, 27 responses returned in opposition, which represents 36% of the land area within 200 feet of property. There also were responses received from outside of the notification area. Of these, there were no responses returned in favor and 19 responses returned in opposition. Staff also received two letters prior to the meeting, one from Lem Miller opposed and a letter from Rachel Lomonaco in favor. Chairman Haas read both into the record. Ms. Diamond recommended staff's approval with amended conditions, which she read into the record. The following people were present to represent this case before the Commission, to address any questions and agreed with staff's recommendation. Sadak Shaik, Manara Academy, 140 Heartz Road, Coppell, Texas Amaris Obreaon, Manara Academy (Principal), 140 Heartz Road, Coppell Texas Scot Johnson, Kimley-Horn (Engineer), 12700 Park Central Dr., Ste. 1800, Dallas Texas Public Hearina: Chairman Haas opened the Public Hearing, asking for people who wanted to speak in either favor or opposition or wanted to comment on this request to come forward. The following people spoke: In Favor: Sarah Saleem, 4157 Shady Valley Drive, Arlington Texas Chris Sawinski, 4100 Thoreau Circle, Flower Mound Texas Julie Waters, 1442 Ridgecreek Drive, Lewisville Texas Randal Williams, 105 S. Heartz Road, Coppell Texas Safwat Ismail, 208 Heatherglen Drive, Coppell Texas Ambreen Hasnat, 1016 Meadow Creek, Coppell Texas Michell Alkhatib, 2905 Trailwood Lane, Flower Mound Texas Larry Best, 725 Michelle Drive, Coppell Texas Jackie Carter, 9157 Forest Hills Drive, Irving Texas Vesna Knox, 512 Truax Drive, Irving Texas Janet Bubert, 100 Main Street, Fort Worth Texas Theresa Watrous, 110 West Way, Lewisville Texas Ruben Ramirez, 2510 E. Trinity Mills Road, #2107, Carrollton Texas Syed Ausai, 8920 Palacios Cove, Piano Texas Naveed Shariff, 1222 Hidden Ridge, #2088, Irving Texas Kellie Stokes, 516 Hunters Ridge, Coppell Texas Rachael Lomonaco, 625 Spring Hill Drive, Coppell Texas p&zminutes052109 Page 3 of 5 Opposed: Wes Mays, 114 London Way, Coppell Texas Byron Hardin, 153 Simmons Drive, Coppell Texas Dell Morgan, 153 S. Heartz Road, Coppell Texas Janet Green, 30 Winding Hollow Court, Coppell Texas Jeff Powell, 150 London Way, Coppell Texas Don Resler, 615 Quail Cove, Coppell Texas Ken & Kathy Stich, 157 S. Heartz Road, Coppell Texas Deborah Bossmann, 301 Brushy Creek, Coppell Texas Lem Miller, 133 Meadowcreek Road, Coppell Texas Deanie Jaime, 173 Simmons Drive, Coppell Texas Majid Husain, 138 London Way, Coppell Texas Linda Montgomery, 157 Simmons Drive, Coppell Texas Kristi Williams, 105 S. Heartz Road, Coppell Texas Jake Stewart, 119 S. Heartz Road, Coppell Texas With no one else to speak, Chairman Haas closed the public hearing. Director of Engineering & Public Works, Ken Griffin addressed the following concerns of the Commission: . The effect the school will have on the proposed construction of Heartz Road and the capacity of surrounding street systems . Requirements for School zone designations and flashers . Options for restricting on-street parking in the residential areas . Turn lanes on Sandy Lake Road Action: After review and discussion, Commissioner Kittrell made a motion to approve Case No. S-1033R2-SF-12. Manara Academv, a zoning change request from S-1033R-SF-12 (Special Use Permit-1033 Revised-Single Family-12) to S-1033R2 SF-12 (Special Use Permit-1033 Revision 2-Single Family-12) with staff's conditions and the following added conditions: 1. Ensure there is a separate bus loop and car loop for the safety of the children. 2. Ensure that the applicant and the City are proactive in the preservation of neighborhood integrity. Commissioner Sangerhausen seconded; motion fails (3-3) with Commissioners Haas, Sangerhausen, and Kittrell voting in favor. Commissioners Frnka, Shute and Jett opposed. If appealed, the item will be forwarded on to Council as a denial. 6A. Update on Council action for planning agenda items on May 12 & 26, 2009: a. Case No. S-1110R3-HC, Verizon Wireless, a zoning change from S-1110R2-HC to S-1110R3-HC to allow a replacement and relocation of the existing equipment and cabinet with a 120-square-foot shelter to be located approximately 15 feet west of the existing cabinet on 540 square feet of property located on the south side of Fritz Road, approximately 1,260 feet west of Freeport Parkway. b. Ordinance for Case No. PD-108R11-SF-9, The Chateaus of Coppell, a zoning change from PD-108R9-SF-9 to PD-1 08R 11-SF-9, to allow up to ten of the 56 p&zminutes052109 Page 4 of 5 single-family homes to have true stucco exteriors limited to earth-tone colors, a minimum of three lots separating stucco home and a site plan indicating lots where stucco homes are prohibited, located at the southwest corner of Bethel and Denton Tap Roads. c. Ordinance for Case. No. PD-162R2-MF-2, Gunner Subdivision, a zoning change from PD-162R-MF-2 to PD-162R2-MF-2, to allow the relocation of a previously approved 1,656-square-foot, six-car garage and storage area, located at 1717 Belt Line Road. d. Ordinance for Case No. S-1241 R-C, Fat Daddy's Burger House, a zoning change from S-1241-C to S-1241R-C, to allow a 560-square-foot cover over the outdoor patio area serving the restaurant, located at 215 S. Denton Tap Road, Suite 100. e. Case No. PD-241-SF/C, Red Hawk, a zoning change from 0 to PD-241-SF/C, to allow 54 single-family lots located along the west side of S. Denton Tap Road, north of Bethel School Road was continued to the June 16, 2009 meeting. f. Red Hawk, Preliminary Plat, a request for approval for 54 single-family lots, a cemetery parcel and two commercial lots located along the west side of S. Denton Tap Road, north of Bethel School Road was denied and directed the applicant to bring back this request to the June 16, 2009 meeting with verified conditions from staff. During the Pre-Session, Planning Director, Gary Sieb advised the Commission of Council's actions on May 12 & 26, 2009, and stated that Council approved all of the above-mentioned items. 5B. Director's Comments There were no additional comments. discuss, the meeting adjourned at approximately 10:54 p.m. p&zminutes052109 Page 5 of 5