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BM 1994-11-14 PZMinutes of November 14, 1994 PLANNING AND ZONING COMMISSION 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 Monday, November 14, 1994, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chairman Marsha Tunnell Commissioner George Redford Commissioner Stan Lowry Commissioner Texx Stewart Commissioner Chuck Sturges Commissioner Carl Thompson Commissioner Larry Wheeler Also present were City Attorney Pete Smith, Graduate Engineer Mike Martin (attending in place of Ken Griffin, who was on vacation), Planning Director Gary Sieb, and Administrative Secretary Barbara Jahoda. PRE -SESSION 1. Briefing on the Agenda. REGULAR SESSION 2. Call to Order Chairman Tunnell called the meeting to order. 3. Invocation Commissioner Lowry gave the invocation. 4. Approval of Minutes dated October 20, 1994, and Special Hearing Minutes of November 1, 1994. Commissioner Lowry moved to approve the minutes of October 20, 1994, and Special Hearing Minutes of November 1, 1994, as submitted. Commissioner Sturges seconded the motion; motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor of approval. None opposed. 5. PUBLIC HEARING: To consider the approval of PD -135, zoning change from SF - 12 (Single Family -12) to PD SF -12 (Planned Development/Single Family -12) for The Woodlands of Coppell, located at the southeast corner of Coppell and Thweatt Roads, at the request of HAP Engineering & Associates, Inc. TO BE HELD UNDER ADVISEMENT AT THE REQUEST OF THE APPLICANT Planning Director Gary Sieb introduced the item to the Commission, stating that this proposal was held under advisement at the Commission's last meeting because the applicant had made changes to the plan at the last minute. A letter was received from the applicant on November 11 th, asking to have this case held under advisement until early 1995. He has also asked that fees which had been previously paid be applied at the time his amended proposal is submitted. Staff has no problem with honoring this request. Staff recommends that the case be held under advisement, at the request of the applicant; be readvertised, and that no resubmittal fee be required. No one was present to represent the item before the Commission. Chairman Tunnell opened the Public Hearing, asking for people present who wanted to speak in favor of this proposal to come forward. There were none. Chairman Tunnell then asked for those present who would like to speak in opposition to come forward. There were none. Commissioner Thompson made a motion to close the Public Heating and hold PD -135 under advisement, and that resubmittal fees be waived. Commissioner Sturges seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor of approval. None opposed. 6. To consider the approval of The Woodlands of Coppell, Preliminary Plat, to allow development of a residential subdivision, located at the southeast corner of Coppell Rd. and Thweatt Rd., at the request of HAP Engineering & Associates, Inc. WITHDRAWN AT THE REQUEST OF THE APPLICANT Planning Director Gary Sieb introduced the item to the Commission, stating that on November 10, 1994, Robert Lange, the landscape architect for The Woodlands of Coppell, requested that this Preliminary Plat be withdrawn at this time. He has also requested that the fees previously submitted be applied when this Preliminary Plat is resubmitted. Staff supports this action. Commissioner Thompson made a motion to recognize the applicant's wish to withdraw the Preliminary Plat and resubmit at a later date, and motioned that new filing fees be waived. Commissioner Wheeler seconded the motion. Motion carried (7-0) with 2 Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor of approval. None opposed. 7. PUBLIC HEARING: To consider the approval of S-1087, SpeeDee Oil Change and Tune-up, Pad B of Valley Ranch Plaza, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial -Special Use Permit) to allow the operation of an oil change facility, located at the southwest corner of MacArthur Boulevard and Beltline Road, at the request of Winkelmann and Associates, Inc. Planning Director Gary Sieb introduced the item to the Commission, stating that this site was once proposed as a veterinarian's office, but now is being proposed as a SpeeDee Oil Change facility on 0.469 acres of property. Staff has many concerns regarding this proposal, i.e., it being a very tight site for the proposed use, there are some serious questions that the parking, circulation, screening, number of bays and over-all development of the site reflects over -building of this parcel of land. The site plan shows a monument sign which will require a variance because they do not have 150 feet of frontage. Also, if the Commission recommends approval, the monument sign needs to be shown before the proposal moves on to Council. Staff is very uncomfortable with this proposal and recommends denial. Eugene Middleton, Winkelmann and Associates, 12800 Hillcrest, Dallas, TX, was present to represent this item before the Commission and answer any questions. Bruce Strickland of SpeeDee Oil, 3918 Spring Hollow, Carrollton, TX, and John Evans, 5950 Berkshire Lane, Dallas, TX, also spoke. Chairman Tunnell opened the Public Hearing, asking for people present who wanted to speak in favor to come forward. There were none. Chairman Tunnell then asked for people in opposition to come forward. There were none. Commissioner Thompson made a motion to close the public hearing and recommended denial of Case #S-1087 for SpeeDee Oil Change and Tune-up facility. Commissioner Wheeler seconded the motion. The motion carried (5-2) with Commissioners Lowry, Wheeler, Thompson, Tunnell, and Stewart voting in favor of denial. Commissioners Redford and Sturges opposed. 8. PUBLIC HEARING: To consider the approval of Gibbs Station, Phase One, Replat of Lots 1 through 13, Block E, located south and east of the intersection of Beverly Drive and Creek Crossing, at the request of Dowdey Anderson & Associates, Inc. Planning Director Gary Sieb introduced the item to the Commission, stating that this replat would allow for the extension of these lots from the top of the bank to the center of Denton Creek. The property owners still could not build in that area, but it clearly 3 defines who maintains responsibility of those areas. Staff recommends approval of the replat with three conditions: (1) the floodway should be shown across Lot 1-R, (2) it should be clearly noted on the face of the plat who will maintain the floodway easement, and (3) some wordage changes need to be made on the face of the Plat -- #2 under Conditions Approved should read as follows: "the Lakes of Coppell Homeowners Association indicating the tax rate at the time the earnest money contract on the home is executed." The words "this be provided to them at the time" need to be eliminated. Chairman Tunnell brought the following word change to the Director's attention: under #1 of the Homeowners Association Requirements, the word "said" should be changed to "side". Planning Director Sieb indicated that 5 favorable responses were received from the subdivision supporting this replat. None were received in opposition. Bill Anderson, Dowdey Anderson & Associates, 16250 Dallas Parkway, Suite 100, Dallas, TX, was present to represent the item before the Commission and answer any questions. Chairman Tunnell opened the Public Hearing, asking the people present who wanted to speak in favor of this proposal to come forward. Those speaking were: John McSweeney, 1000 Creek Crossing, Coppell, TX Steve Mortonson, 1020 Creek Crossing, Coppell, TX Chairman Tunnell then asked for those present who would like to speak in opposition to come forward. There were none Commissioner Wheeler motioned to close the Public Hearing and approve Gibbs Station, Phase I, Replat of Lots 1-13, Block E, with staff comments. Commissioner Sturges seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges and Stewart voting in favor. None opposed. 9. PUBLIC HEARING: To consider the approval of Gibbs Station, Phase Two. Replat of Lots 14 through 34. Block E, located generally south and east of the intersection of Beverly Drive and Creek Crossing, at the request of Dowdey Anderson & Associates, Inc. Planning Director Gary Sieb stated that this is, basically, a repeat of the Phase One request. Staff recommends approval of this replat. Conditions 2 and 3 stated in Phase One (#8 above) also apply to this replat. Bill Anderson, Dowdey Anderson & Associates, 16250 Dallas Parkway, Suite 100, Dallas, TX, was present to represent this item before the Commission and answer questions. Chairman Tunnell opened the Public Hearing, asking for people present who wanted to speak on this proposal to come forward. Those speaking were: 4 Jay Savin, 1016 Creek Crossing, Coppell, TX Chairman Tunnell then asked for those present who would like to speak in opposition to come forward. There were none Commissioner Sturges made a motion to close the Public Hearing and approve Gibbs Station, Phase II, Replat of Lots 14-34, Block E, subject to staffs conditions. Commissioner Lowry seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor. None opposed. 10. PUBLIC HEARING: To consider the approval of S-1088. Wendy's Restaurant, zoning change from TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit) to allow the operation of a drive-through restaurant, located on the east side of Denton Tap Road, approximately 390' north of Sandy Lake Road, at the request of Dowdey Anderson & Associates, Inc. Planning Director Gary Sieb stated that this property is approximately 9/ 10ths of an acre, basically directly east of the Goodyear Store. The site plan has a drive on the northern boundary. That drive would align with the existing median cut on Denton Tap Road, giving access to the Goodyear center if you are moving north on Denton Tap and turning left into the center, itself. This request is for a 2nd Wendy's Restaurant in the City of Coppell. Staff has some concern with regard to the use of this particular tract of ground. The technical concerns are as follows: (1) the geometrics of circulation; (2) parking; (3) there needs to be common easements between adjacent uses if, in fact, that's what they are proposing to get circulation in and out of the site, which isn't clear on the site plan, itself; (4) questions relative to tree preservation. The first plan they submitted basically ignored the trees on the site. The second iteration of this plan does show more sensitivity to the trees; (5) there's a question with regard to the 10 -foot screening area between this site and the surrounding sites, and (6) the Engineering staff has requested a traffic impact analysis be done. Mr. Sieb went on to state that he was advised this afternoon that the traffic impact analysis may not be required with regard to this site, but there was considerable concern as it relates to sight distance relating to the median cut. He further noted that the applicant would be submitting additional information at the Hearing that might make staff more comfortable with this site. Staff has concerns and feels that additional studies must be done and recommends that the application be denied. Bill Anderson, Dowdey Anderson & Associates, 16250 Dallas Parkway, Suite 100, Dallas, TX, was present to represent this item before the Commission and answer questions. He asked that this item be taken under advisement due to the number of staff concerns. Chairman Tunnell opened the Public Hearing, asking for people present who wanted to speak on this proposal to come forward. There were none. Chairman Tunnell then asked for those present who would like to speak in opposition to come forward. There were none Mr. Sieb then addressed the Commission and again stated staff concerns with this request. Commissioner Thompson made a motion to close the Public Hearing and deny Case #S- 1088, Wendy's Restaurant. Commissioner Wheeler seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor of denial. None opposed. 11. To consider the approval of Wendy's Restaurant, Preliminary Plat, to allow the operation of a drive-through restaurant, located on the east side of Denton Tap Road, approximately 390' north of Sandy Lake Road, at the request of Dowdey Anderson & Associates, Inc. Planning Director Gary Sieb introduced the item to the Commission, stating that because the Special Use Permit was denied, this is now a moot issue and the Preliminary Plat also needs to be denied. Commissioner Lowry made a motion to deny Wendy's Restaurant, Preliminary Plat. Commissioner Stewart seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor of denial. None opposed. 12. PUBLIC HEARING: To consider the approval of Park West Commerce Center. Replat of Blocks 5. 6. and 7 (lots 1&5), located between Airline and Wrangler Drives, west of Beltline Road, at the request of Albert H. Halff Associates, Inc. Planning Director Gary Sieb stated that this property is a 66 acre tract of ground showing 4 lots. Staff recommends approval with one concern: the applicant needs to comment with regard to a timetable when Wrangler Drive would be improved. Dennis Chovan, Albert Halff Associates, 8616 Northwest Plaza, Dallas, TX, was present to represent this item before the Commission and answer questions. He told the Commission that Prentiss Properties has no date set as to when improvements to Wrangler Drive would be made, however, money will be put in escrow for the improvements. Chairman Tunnell opened the Public Hearing, asking for people present who wanted to speak on this proposal to come forward. There were none. Z Chairman Tunnell then asked for those present who would like to speak in opposition to come forward. There were none Commissioner Sturges made a motion to close the Public Hearing and approve Park West Commerce Center, Replat of Blocks 5&6 and Lots 1&5 of Block 7, with the stipulation that escrow be paid. Commissioner Lowry seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor. None opposed. 13. PUBLIC HEARING: To consider the approval of Riverchase Plaza, Phase 1, 2nd Replat, Lots D and E, to allow a proposed day care center, Kids -R -Kids, located at the northeast corner of MacArthur Boulevard and Beltline Road, at the request of Winkelmann and Associates, Inc. Planning Director Gary Sieb stated Lot D was roughly 2 acres and Lot E was approximately 2.07 acres in size. Staff recommends approval of the replat, however, there is some concern as to the fire lane configuration and staff has a letter from Fehmi Karahan, owner of the property, indicating that he would construct the fire lane when it is needed or required by the City. A Developer's Agreement will be drafted by the City Attorney regarding this condition. Fehmi Karahan, 5519 LBJ Freeway, Dallas, TX, developer of Riverchase Plaza, was present to represent this item before the Commission and answer questions. Chairman Tunnell opened the Public Hearing, asking for people present who wanted to speak on this proposal to come forward. There were none. Chairman Tunnell then asked for those present who would like to speak in opposition to come forward. There were none Commissioner Lowry made a motion to close the Public Hearing and approve Riverchase Plaza, Phase I, 2nd Replat, Lots D&E for Kids -R -Kids day care facility, subject to the Developer's Agreement being drafted and executed. Commissioner Wheeler seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor. None opposed. h 14. To consider the approval of The Burch Addition, Lot 1, Block A, Final Plat, to allow the operation of a hardware store, located at the southwest corner of Denton Tap Road at Bethel School Road, at the request of Wes Burch, owner. Planning Director Gary Sieb stated that staff recommends approval of the Final Plat with the following conditions: (1) that an access easement and left -turn lane would need to be constructed; (2) as many trees should be preserved as possible; (3) the applicant has asked for a variance to the screening fence around the areas where his goods will be stored -- that is a responsibility for the Council to honor; (4) the dotted line adjacent to Bethel School and Denton Tap Roads should be labeled; (5) the sanitary sewer easement should be correctly shown as 20 feet in width, and (6) the irrigation line within the 20 - foot sanitary sewer easement should be revised. Bill Anderson, Dowdey Anderson & Associates, 16250 Dallas Parkway, Suite 100, Dallas, TX, was present to represent this item before the Commission and answer questions. Commissioner Wheeler made a motion to approve the Burch Addition, Lot 1, Block A, Final Plat for the hardware store, subject to the Developer's Agreement being drafted and executed, and staff comments. Commissioner Stewart seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor. None opposed. 15. To consider the approval of Jefferson at Riverchase, Final Plat, to allow the development of a 386 -unit apartment complex, located east of MacArthur Boulevard, approximately 400' north of Riverchase Drive, at the request of The Nelson Corporation. Planning Director Gary Sieb stated that a 386 unit apartment complex is proposed for a 21.02 acre parcel of property on the east side of MacArthur, north of Riverchase Drive. Staff recommends the approval of this Final Plat with basically two concerns which need to be addressed: (1) the off-site drainage easement should be acquired and recorded with the County so that the volume and page number can be shown on the Final Plat and (2) five feet of right-of-way and an adjacent five-foot easement should be dedicated for the deceleration lane. A Developer's agreement will be drafted by Council to incorporate this second condition. Craig Curry, Nelson Corporation, 5999 Summerside, Suite 202, Dallas, TX, was present to represent this item before the Commission and answer questions. Some discussion followed. Commissioner Sturges made a motion to approve Jefferson at Riverchase, Final Plat, subject to the Developer's Agreement being drafted and executed, and staff comments. Commissioner Lowry seconded the motion. Motion carried (6-1) with Commissioners Lowry, Wheeler, Tunnell, Redford, Sturges, and Stewart voting in favor. Commissioner Thompson opposed. 16. To consider the approval of Village at Cottonwood Creek, Section VI. Final Plat, to allow the development of 183 single-family homes, located east of Coppell Road, north of Parkway Boulevard, at the request of Tipton Engineering, Inc. Planning Director Gary Sieb stated that a 183 unit single family development is proposed for 63.4486 acres of property east of Coppell Road, north of Parkway Boulevard. Staff recommends the approval of this Final Plat with the following Engineering comments: (1) Off-site right-of-way will be required for the alley adjacent to lots 29, 30, and 31 of Block A; (2) all easements should be shown on the face of the plat; (3) an off-site easement will be required for the discharge of the applicant's drainage improvements adjacent to Lot 13, Block A; (4) a slope easement will be required adjacent to Lots 13- 58, Block A; (5) escrow will be required for Coppell Road, and (6) all information concerning this site will be required to be submitted to the City on computer diskette, compatible with the City's computer system. A Developer's agreement will be drafted by Council to incorporate #1, 3 and 4 above. Pat Atkins, Tipton Engineering, 6330 Beltline Road, Suite C, Garland, TX, was present to represent this item before the Commission and answer questions. Some discussion followed. Commissioner Wheeler made a motion to approve Village at Cottonwood Creek, Section VI, Final Plat, subject to the Developer's Agreement being drafted and executed for Items 1, 3 and 4 of the Engineering comments. Commissioner Sturges seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor. None opposed. 17. To consider the approval of Northlake Woodlands East No. 10, Phase C. Final Plat, to allow the development of 93 single-family homes, located west of MacArthur Boulevard; east of Mallard, at the request of Tipton Engineering, Inc. Planning Director Gary Sieb stated that this is an approximate 27 acre tract of land to be developed with 93 single family homes. Staff recommends approval with three minor comments: (1) the visibility easement should be shown at the intersection of Bethel School and MacArthur, (2) the drainage easement volume and page numbers needs to be shown on Lot 36, Block H, and (3) the landscape area is to be maintained by the Homeowners Association, not the City, and this needs to be shown on the face of the plat. Pat Atkins, Tipton Engineering, 6330 Beltline Road, Suite C, Garland, TX, was present to represent this item before the Commission and answer questions. Some discussion followed. E Commissioner Stewart made a motion to approve Northlake Woodlands #10, Phase C, Final Plat, subject to staff comments. Commissioner Sturges seconded the motion. Motion carried (7-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Redford, Sturges, and Stewart voting in favor. None opposed. General discussion concerning planning and zoning issues. A. Pending lawsuit. Director of Planning Gary Sieb stated that William Allred of Copper, Huddleston and Aldous, has or will be contacting those Commissioners involved the CED lawsuit. With nothing further to discuss, the meeting adjourned at 10:10 p.m. Marsha Tunnell, Chairman ATTEST: N• H. Jahoda, inistrative Secretary 10