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BM 1996-12-19 PZMinutes of December 19, 1996 PLANNING AND ZONING CONUMSSION The Planning and Zoning Commission of the City of Coppell met in pre -session at 7 p.m., and in regular session at 7:30 p.m., on Thursday, December 19, 1996, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Commissioner Larry Wheeler Commissioner Rick McCaffrey Commissioner Angelo DeFilippo Commissioner Stan Lowry Commissioner Madge Cruse Commissioner Andra Mabry Also present were City Attorney Bob Hager, City Engineer Ken Griffin, Planning Director Gary Sieb, Assistant Planning Director Pert Virtanen, Planning and Zoning Coordinator Isabelle Moro and Administrative Secretary Barbara Jahoda. Commissioner Jack Jones was absent. PRE -SESSION (Open to the Public) 1. Briefing on the Agenda. REGULAR SESSION (Open to the Public) 2. Call to Order Chairman Larry Wheeler called the meeting to order. Before proceeding further, Chairman Wheeler stated that the Commission will hear concerns of citizens on non -Public Hearing issues. 3. Approval of Minutes dated November 21, 1996. City Attorney Bob Hager suggested minor amendments to Item #6 (see Bob Hager's letter dated December 23, 1996, attached). Commissioner Cruse made a motion to approve the minutes of November 21, 1996, with amendments to Item #6 as suggested by Attorney Hager. Commissioner DeFilippo seconded; motion carried (6-0) with Commissioners Mabry, Lowry, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 4. PUBLIC HEARING: To consider the approval of Case No. PD -158R. Grand Car Wash and Detail, zoning change from R (Retail) PD -C (Planned Development, Commercial), to allow the operation of a carwash, oil change, automobile detail services, gasoline sales and retail buildings, located at the southeast corner of MacArthur Boulevard and Riverchase Drive, at the request of ROFDW Architects. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that on October 17th, the Commission held this Public Hearing open to its November meeting. The applicant then asked that the Hearing be held over until tonight. He displayed exhibits showing the layout of the proposed development. Since the initial review by the Commission, some revisions have been made to the Site Plan, i.e., additional landscaping, additional brick pavers, staining of the concrete to reduce the visual impact of the pavement, etc., and Staff recommends approval, subject to the Engineering Department comments, compliance with the Site Plan, landscape plan, irrigation plan, building elevations and sign elevations submitted, plus the 6 revisions listed on the Staff Report. With regard to revision #6, Mr. Virtanen stated that during the Workshop Session, the Commissioners indicated concern about the showing of a drive-through facility, with dotted lines, on the Site Plan, itself. Bill Dickson, ROFDW Architects, 703 McKinney Avenue, Dallas, TX, was present to represent this item before the Commission and answer any questions. He showed the Commission a document which enhances the amount of landscaping, additional brick pavers, and the staining of the concrete. He stated that when the development plans for Phase 2 relating to the retail building are formulated, that portion will come back through the process for consideration Mr. Dickson stated that the applicant is in general agreement with the Staff comments, with the exception of #3, but this can be worked out. Chairman Wheeler opened the Public Hearing, asking for people present who wanted to speak in favor of this proposal to come forward. There were none. Chairman Wheeler then asked for people present who wanted to speak in opposition to this request to come forward. Patrick Keenan, 412 Wellington Road, Coppell, TX Frank Marasco, 1319 Barrington Drive, Coppell, TX Tom Samson, 1307 Barrington Drive, Coppell, TX Madeleine White, 600 Wellington Road, Coppell, TX Pamela O'Dino, 612 Wellington Road, Coppell, TX Ray Lamreaux, 1323 Barrington Drive, Coppell, TX Chairman Wheeler asked for a motion to close the Public Hearing. Commissioner Lowry made a motion to close the Public Hearing. Motion was seconded by Commissioner Cruse. Motion carried (6-0) with Commissions Mabry, Lowry, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 2 Extensive discussion followed. Fehmi Karahan, owner of the property, offered comments concerning the southern access and fire lane situation. Commissioner Cruse made a motion to approve Case No. PD -158R, Grand Car Wash & Detail, zoning change from R to PD -C, subject to the Site Plan, landscape plan, irrigation plan, building elevations, and sign elevations, as submitted, and the following conditions: (1) Revisions of the site plan and landscape plan to show the location of a sidewalk both along Riverchase Drive and along MacArthur Boulevard, and the location of a sidewalk easement along Riverchase Drive. (2) Revision of the landscape plan to show the trees along Riverchase Drive located approximately 4 feet farther south, to accommodate a sidewalk. (3) Revisions of the site plan and landscape plan to show required landscape buffers between parking spaces at the northeastern corner of the site, or a note on the Site Plan indicating the intended removal of the eastern property line by replatting. (4) Revision of the building elevations to show removal of Sign 3 from the west elevation of the building. (5) Revision of the sign exhibits to show the quantity of Sign Type 3 to be 1, the quantity of Sign Type 4 to be 1, the quantity of Sign Type 5 to be 1, inclusion of details for Sign Type 8, and a description of all colors to be used on signs. (6) Revision of the landscape plan to show beds of seasonal color, as well as grass, located in the irrigated berm area (designated as a future building location) and occupying approximately 20 % of the area. (7) All roof -top structures/equipment will be screened. (8) The driveway at the southwest corner of the property be eliminated or if this cannot be done because of a fire lane situation then a sign be placed to the effect that it is an Exit Only. (9) Removal of the dotted line for the drive-through on the retail space. Commissioner Lowry seconded the motion. Motion carried (5-1) with Commissioners Lowry, Wheeler, Cruse, DeFilippo and McCaffrey, voting in favor. Commissioner Mabry opposed. Chairman Wheeler indicated that public testimony will be allowed on the next case. 5. To consider the approval of Stonelei& at Riverchase, Prellminary Plat, to allow the development of a 360 -unit apartment complex on 20.5 acres of property, located along the south side of Riverchase Drive, approximately 645' east of MacArthur Blvd., at the request of WSI Architects. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, showing graphics of the proposed development. She reminded the Commission that this case was denied last month and was resubmitted for consideration. The main reason for denial was the safety and traffic situation. A possible solution to alleviate this problem was suggested last month, that being the construction of Fairway Drive which is located east of the proposed development and would connect Riverchase Drive with Beldine Road. Since last month's Commission meeting, the developer has met with staff, the owner of the property, as well as the Riverchase homeowners to find a solution. The developer and the owner of the property are willing to construct Fairway Drive from the northern property line to the southern property line of the tract of land under discussion and/or enter into a Developer's Agreement with the City, provided the Preliminary Plat is approved. A draft of this Developer's Agreement will be presented at the January 14, 1997, Council Meeting. The City is in negotiation with D.A.R.T. regarding the rail 3 crossing at Fairway Drive. The applicant is scheduled to be heard at the January 9, 1997, Board of Adjustment meeting regarding off-street parking. Staff recommends approval of the Preliminary Plat, subject to the seven conditions listed on the Staff Report. Staff would like the applicant to consider additional landscaping of planters or planter islands against the brick veneer between the sectional garage doors. This would soften the overall appearance of the parking structures. Mark Wagner, First Worthing Company, 8144 Walnut Hill Lane, Dallas, TX, was present to represent this item before the Commission and answer any questions. He showed elevations, building materials, color boards, etc. Ed Stefoniak, WSI Architects, and Mike Daniel, Nathan Meier Engineering, were also present. Lengthy discussion followed. City Engineer Ken Griffin spoke about traffic concerns. He indicated that the City is actively pursuing the railroad crossing with D.A.R.T. Additional discussion followed. Although not a Public Hearing, Chairman Wheeler invited interested citizens to comment on the proposal. Those people present who wanted to speak in favor of this proposal were invited to come forward. There were none. Chairman Wheeler then asked for people present who wanted to speak in opposition to this request to come forward. Tom Samson, 1307 Barrington Drive, Coppell, TX Madeleine White, 600 Wellington Road, Coppell, TX Frank Marasco, 1319 Barrington Drive, Coppell, TX Ray Lamreaux, 1323 Barrington Drive, Coppell, TX John Darran, 1332 Stonecrest, Coppell, TX Pat Keenan, 412 Wellington Road, Coppell, TX Mark Wagner stated that the applicant would have no problem with starting the construction of Fairway Drive the day the apartments were started. Regarding the timing of the apartments, typically the first occupancies are approximately the 7th month after start of construction -- October 1, 1997, being the absolute earliest that any initial occupancies would occur. The apartment complex will be completed and leased in phases over an approximate 15 -month period from start to finish. Chairman Wheeler closed the Hearing. Additional discussion followed including comments by Gary Sieb regarding Staff recommendations. Commissioner Lowry made a motion to approve Stoneleigh at Riverchase, Preliminary Plat, subject to the following conditions: (1) A parking variance being granted by the 4 Board of Adjustment. (2) List all botanical and common names for all plant materials. (3) Compliance with Fire Department's comments. (4) No requirement of a Hike and Bike trail easement or construction of same, as was alluded to during the DRC discussions. (5) Submission of an irrigation plan. (6) Correct the spelling of "subdivision" under the caption notifying that property is in a flood hazard area. (7) Compliance with Engineering comments. (8) Landscape buffer along the southern boundary of the property as required by the Zoning Ordinance to screen the cars. The motion was seconded by Commissioner Cruse. Motion carried (6-0) with Commissioners Mabry, Lowry, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. A twenty -minute break was observed. 6. To consider the approval of Minyard Addition, Lots 1 & 2, Block 1, Final Plat, to allow the development of an expansion of the warehouse, as well as to accommodate the existing Minyard facility, located at the southwest corner of Bethel Road and Freeport Parkway, at the request of David Moak Surveyors, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission stating that the Preliminary Plat was approved by City Council in October and the Commission was given final authority of the Final Plat. Staff recommends approval. Marlon Pritchett, Minyard Food Stores, 777 Freeport, Coppell, TX, was present to represent this item before the Commission and answer any questions. No discussion followed. Commissioner McCaffrey made a motion to approve Minyard Addition, Lots 1 & 2, Block 1, Final Plat. The motion was seconded by Commissioner Mabry; motion carried (6-0) with Commissioners Mabry, Lowry, Wheeler, Cruse, DeFilippo and McCaffrey, voting in favor. None opposed. 7. To consider the approval of Summit at the Spm, Phase U, FInal Plat, to allow the development of 13 residential lots as the final phase of a residential subdivision, located along the south side of Bethel Road, approximately 1,000 feet west of Denton Tap Road, at the request of Dowdey, Anderson & Associates, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, stating that the Preliminary Plat was approved in June by City Council and that the Commission approved the Final Plat for Phase I consisting of 55 residential lots on June 20th. The five common areas on this Final Plat will be maintained by the Homeowners Association. Maintenance of the floodway will be the responsibility of each individual homeowner who will be required to maintain these areas, as well as keeping them free of any improvements such as fences, pools, gazebos, etc. Staff recommends approval of this Final Plat, subject to Recommendation #2 on the Staff Report, i.e., showing the street width of Stanton Court. Recommendation #1 referring to the Homeowners Agreement has been approved by the City Attorney, therefore this condition is being 5 Bill Anderson, Dowdey Anderson and Associates, Inc., 16250 Dallas Parkway, Suite 100, Dallas, TX, was present to represent this item before the Commission and answer any questions. He stated that he is in agreement with Staff s comment. No discussion followed. Commissioner Cruse made a motion to approve Summit at the Springs, Phase H, Final Plat, subject to showing the street width of Stanton Court. The motion was seconded by Commissioner McCaffrey; motion carried (6-0) with Commissioners Mabry, Lowry, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 8. To consider the approval of All Care Vete 'nary Clini , F"inal plat, to allow the development of a veterinary clinic on .812 acres of property, located along the west side of Denton Tap Road, approximately 238 feet north of Parkway Boulevard, at the request of Dowdey, Anderson & Associates, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission stating that the 20' wide driveway will serve as both a fire lane and a mutual access easement. The City's legal counsel has asked for clarification as to who will be responsible for constructing and maintaining this easement. Approximately 1,200 square feet of this driveway will extend southward to the adjoining property. Since the Preliminary Plat was approved, the applicant has added approximately .16 acres of property to the west to avoid a leave -out of a small parcel of unplatted property which cannot be built upon. Staff supports this change and recommends approval of the Final Plat, subject to the two conditions as listed in the Staff Report. Bill Anderson, Dowdey Anderson and Associates, Inc., 16250 Dallas Parkway, Suite 100, Dallas, TX, was present to represent this item before the Commission and answer any questions, stating that maintenance of the mutual access will be maintained by the Vet Clinic property owner. Once the facility to the south is developed, then that owner would take over the maintenance responsibilities. City Attorney Bob Hager commented that language needs to go on the face of the Plat clarifying the maintenance of the easement. Mr. Anderson was agreeable to have the City Attorney draft acceptable language to be included on the Final Plat. No discussion followed. Commissioner Lowry made a motion to approve All Care Veterinary Clinic, Final Plat, subject to the language on the easement being satisfactory to the City Attorney and the following conditions: (1) Show on the Landscape Plan the three parking spaces located in the northwest portion of the parking lot, and (2) Compliance with the Engineering comment that the on-site fire lane should be labeled as an access easement. The motion was seconded by Commissioner Cruse; motion carried (6-0) with Commissioners Mabry, Lowry, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 31 9. To consider the approval of Vistas of Coppgll, Phase 1A, Final Plat, to allow the development of 65 residential lots of the proposed 113 -lot residential subdivision, located along the south side of Spur 553 (also known as Vista Ridge Boulevard), east of Denton Tap Road; north of Denton Creek, at the request of Carter & Burgess, Inc. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that City Council approved the zoning in May and, in September, approved the Preliminary Plat for the proposed 113 -lot subdivision. He showed graphics of the proposal. This Final Plat will go forward to Council for approval. Staff recommends approval, subject to the two conditions as listed in the Staff Report. Terry Mitchell, Carter and Burgess, 7950 Elmbrook Drive, Suite 250, Dallas, TX, was present to represent this item before the Commission and answer any questions. He stated that he is in agreement with Staff conditions. Also present was Derek Earl of Centex Real Estate. Some discussion followed. Commissioner McCaffrey made a motion to approve Vistas of Coppell, Phase 1A, Final Plat, subject to the following Staff recommendations: (1) Provision of landscape plans showing a 3' -high berm, 6' -high masonry wall, and landscaping along the north side of Lot 1, Block M, consisting, at a minimum, of 1 large tree, 3 accent trees, 14 shrubs and a feature plant bed at the east side of Bella Vista Drive. (2) Revision of landscape plans to show the addition of at least 1 large tree, 3 accent trees and 12 shrubs along the north side of Lot 1, Block L. The motion was seconded by Commissioner DeFilippo; motion carried (5-1) with Commissioners Mabry, Lowry, Cruse, DeFilippo and McCaffrey voting in favor. Commissioner Wheeler opposed. 10. To consider the approval of Vistas of CgUKU, Phase 2B. F =l Plat, to allow the development of 54 residential lots of the proposed 126 -lot residential subdivision, located along the south side of Spur 553 (also known as Vista Ridge Boulevard), east of Denton Tap Road; north of Denton Creek, at the request of Carter & Burgess, Inc. Assistant Planning Director Pert Virtanen introduced the item to the Commission, showing graphics of the proposal. Staff recommends approval of this Final Plat as submitted, subject to the conditions as listed in the Staff Report. Terry Mitchell, Carter and Burgess, 7950 Elmbrook Drive, Suite 250, Dallas, TX, was present to represent this item before the Commission and answer any questions. He stated that the applicant is in agreement with Staff comments No discussion followed. Commissioner Cruse made a motion to approve the Vistas of Coppell, Phase 2B, Final Plat, subject to the following conditions: (1) Compliance with Engineering Department 7 comments, and (2) Revision of landscape plans to provide, at a minimum, 1 additional large tree, 12 additional accent trees, and 30 additional shrubs. The motion was seconded by Commissioner DeFilippo. Motion carried (5-1) with Commissioners Mabry, Lowry, Cruse, DeFilippo and McCaffrey voting in favor. Commissioner Wheeler opposed. 11. General discussion concerning planning and zoning issues A. Update on Council planning agenda actions Planning Director Gary Sieb briefed the Commission on the cases that have gone forward to Council. B. Director's comments Planning Director Sieb brought the Commissioner's attention to a letter to Jim Witt which was placed in their packets relative to the new FCC ruling on antennas. In the memo, the Commission is asked to consider whether or not homeowners should be sent letters advising them that Homeowner Associations cannot restrict antennas more closely than the FCC allows. Some discussion followed. Commissioner Lowry suggested that this be left alone, and the consensus of the Planning Commission reflected that suggestion. With nothing further to discuss, the meeting adjourned at approximately 10:35 p.m. -L4 6 -a d� L ) L I,, I a. Larry Wheeler, Ch ATTEST: h- Ir L4." Barbara . Jahoda, Administrative Secretary NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. LAWRENCE W. JACKSON ROBERT L. DILLARD III ROBERT E. HAGER PETER G. SMITH DAVID M. BERMAN BRUCE A STOCKARD Barbara H. Jahoda Administrative Secretary City of Coppell Planning and Zoning Commission 255 Parkway Boulevard Coppell, Texas 75019 Dear Barbara: Attorneys & Counselors at Law 1800 Lincoln Plaza 500 North Akard Dallas, Texas 75201 (214) 965-9900 Fax (214) 965-0010 December 23, 1996 JOHN F. ROEHM III JENNIFER R. DIETZE ROBERT L. DILLARD, JR. H. LOUIS NICHOLS OF COUNSEL t;CEIVE 1� Pursuant to the proposed amendments that I had for the minutes of the Planning and Zoning Commission for the meeting of November 21, 1996, we offer the following: At the end of the first paragraph in Item 6, between where the Assistant Planning Director Pert Virtanen and Alan Haggard Items are noted, add under Pert's Paragraph: "Additionally, there is no evidence which would have substantiated a change in zoning on the entire 7.2 acre tract, and no proposed use for the remainder other than for the 2500 square foot site thereon. There is no evidence of the other use for the proposed 7.2 acre site, and thus, no compelling reason to change the zoning from commercial to light industrial. Also, Exhibits 1-3 were offered and admitted into evidence in the public hearing. " Next, in the paragraph regarding where Chairman Wheeler opened to the public add: "... the Public Hearin or additional testimo g.f rry, asking for people present who wanted to speak in favor of this proposal to come forth. " With those two additions into the minutes, then we should be able to substantiate our record to any future scrutiny. REH/pr Very truly yours, NICHOLS=MOR N, DILLARD, HAGERL.L.P( 0.0 E. Hi 5979