BM 1994-03-24 PZMinutes of March 24, 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 Thursday, March 24, 1994, in the Coppell Town Center, 255
Parkway Boulevard, Coppell, Texas 75019. The following members were present:
Chairman Marsha Tunnell
Vice Chairman Don Meador
Commissioner Carl Thompson
Commissioner stay Hildebrand
Commissioner Norman Alexander
Commissioner Larry Wheeler
Also present were City Attorney Pete Smith, City Engineer Ken Griffin, Director of Planning
Gary Sieb, Planning and Zoning Coordinator Taryon Bowman, and Administrative Secretary
Barbara Jahoda.
Commissioner George Redford was absent.
PRE -SESSION (Open to the Public)
1. Briefing on agenda.
REGULAR SESSION (Open to the Public)
2. Call to Order
Chairman Tunnell called the meeting to order.
3. Invocation
Commissioner Thompson gave the invocation.
4. Approval of Minutes dated February 17 and March 8, 1994
Commissioner Hildebrand moved to approve the minutes of February 17 and March 8,
1994, as submitted. Commissioner Wheeler seconded the motion; motion carried (")
with Commissioners Alexander, Wheeler, Thompson, Tunnell, Meador and Hildebrand
voting in favor of the motion. None opposed.
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5. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-559(CH)
from 2F-9, MF -2 and LI to any appropriate zoning district classification, including, but
not limited to, SF -7, SF -9, SF -12, SF -18, SF -ED, 2F-9, MF -1, and/or LI, on
approximately 80 acres of land located along the west side of Coppell Road, along the
north and south side of Ruby Road.
Planning Director Gary Sieb introduced the item to the Commission, reminding the
Commission that this proposal was initially heard on March 14th. It was recommended
by both staff and the Commission at that hearing that the 2F-9 zoning be retained. The
initial proposal for the MF -2 and LI zoning was that the MF -2 zoning be moved to the
west and that at least 3 lots of SF zoning front Coppell Road. Mr. Sieb described what
the owner's latest proposal is with regard to exchanging MF -2 zoned property (roughly
30 acres) to face C (Commercial) property along Coppell Road, with a 30' buffer strip
surrounding Loch Lane area and the possibility of having a 50' wide landscaped/walled
area that would run the length of this property along Coppell Road and surrounding Loch
Lane, and stated that the representative of NCH would present a slide show relative to
its proposal.
Curtis Young and Don Moulton, were present to represent this item before the
Commission and answer any questions.
Chairman Tunnell opened the Public Hearing, asking for a show of hands of people
present who wanted to speak and asked that comments be kept to three minutes each.
Those persons wishing to speak were:
Barbara Bailey, 232 Plantation (submitted a petition signed by 437 residents)
David Pusateri, 155 Kingston Circle (Devonshire)
Ivan Loffler, 1319 Westchester Drive
Jean Tofren, 147 Newport
Don Robinson, 529 Henderson (Hunterwood)
Jeff Planche, 433 Cozby
Julie Garza, 548 Arbor Brook Lane
Kevin Marshall, 202 Richland Court
Ralph Valluie, 425 Cozby
Paul Grinager, 424 Cozby Avenue (Hunterwood)
L. R. Lamb, 429 Cooper Lane (Hunterwood)
Chuck Sturges, 132 Newport Drive
Rucks Yerger, 517 Anderson Avenue (Hunterwood)
The public hearing was declared closed.
There was some comment from concerned citizens in attendance and order had to be
maintained by both the Commission Chairman and Pete Smith, City Attorney. Extensive
discussion between Commission members and Counsel was held.
The City Attorney suggested a recess be called from this ZC-559(CH) hearing so that the
Director of Planning and NCH's representative could confer on the suggested PD use on
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said property. Mr. Sieb suggested that ZC-559(CH) be taken under advisement so that
discussion could be held after his presentation of the next agenda item.
Commissioner Meador made a motion to place ZC-559(CH) under advisement until later
this evening so that the applicant and staff can work out a proposal. Commissioner
Hildebrand seconded the motion. Motion carried (6-0) with Commissioners Alexander,
Wheeler, Thompson, Tunnell, Meador and Hildebrand voting in favor. None opposed.
Because Item No. 6 (Miami Subs Restaurant) is one of the Planning Director's cases,
Item 7 was heard next.
7. PUBLIC HEARING: To consider approval of ZC- 52, MacArthur Park Addition,
zoning change request from C (Commercial) to SF -9 (Single Family -9), located at the
north side of Denton Creek, along the east and west side of MacArthur Boulevard, at the
request of Vista Properties, Inc.
Planning Coordinator Taryon Bowman introduced the item to the Commission,
explaining that this request is to change the zoning from C (Commercial) to SF -9 (Single
Family -9) with a minimum lot size of 9,000 square feet. This property was disannexed
by the City of Lewisville in 1989 and was annexed by the City of Coppell shortly
thereafter. The Master Plan does not address this area because it was not a part of
Coppell. Because zoning had not been addressed, this property, upon annexation, was
zoned A (Agricultural) and was subsequently changed to (C) Commercial by the owner.
Several factors were considered by the staff before a recommendation was made; i.e.,
the property to the north is vacant and is zoned HC (Highway Commercial) and LI (Light
Industrial); to the south, the property is vacant and is zoned A (Agricultural), SF (Single
Family) and C (Commercial); to the east, the property is vacant and has A (Agricultural)
zoning; and to the west, the property is vacant with HC (Highway Commercial zoning).
This site is split by MacArthur Boulevard and is virtually an island -- north of this
property is the levee; to the south is Denton Creek. If this property were developed as
Commercial, most likely many of the beautiful trees would be destroyed. Rezoning to
single family would allow the developer to retain some of the trees. Although the land
to the south is zoned A (Agricultural), most of the land is vacant but some is used for
SF (Single Family). Regarding traffic, commercial development would generate more
traffic than the proposed 52 single-family lots.
Truman Edminister with Carter & Burgess, 7950 Elmbrook Drive, Dallas, (representing
Vista Properties), was present to represent this item before the Commission and answer
any questions. He showed slides of the proposed land use.
Chairman Tunnell opened the Public Hearing, asking people present who wanted to speak
to step forward. Those persons wishing to speak were:
Bonnie Whitted, 600 DeForest
Bruce Hedeman, 616 DeForest
Joanne Heidenreich, 608 DeForest
Amy Hedeman, 616 DeForest
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Pat Moriarty, 156 Meadowglen Circle
Helen Hanson, 620 DeForest
Joanne Thomas, 640 DeForest (Waterford)
The public hearing was declared closed.
Commissioner Meador made a motion that ZC-552 to change the zoning from C
(Commercial) to SF -9 (Single Family -9) be approved. Commissioner Wheeler seconded
the motion. The motion carried (6-0) with Commissioners Alexander, Wheeler,
Thompson, Tunnell, Meador, and Hildebrand voting in favor of approval. None
opposed.
8. To consider approval of MacArthur Park Addition, Preliminga Plat, located at the north
side of Denton Creek, along the east and west side of MacArthur Boulevard, at the
request of Vista Properties, Inc.
Planning Coordinator Taryon Bowman introduced the item to the Commission, stating
that staff would like the applicant to indicate on the face of the Plat the medians and left -
turn lanes; some type of access for creek maintenance should be provided; erosion
protection should be provided at the end of the cul-de-sac adjacent to Denton Creek and
in other areas along the creek that are experiencing problems or that may experience
problems; documentation should be provided to specifically address and show that the
Denton County LID #1 has accepted the dedication and will maintain the creek; plans
need to be submitted showing how MacArthur Boulevard will be treated in accordance
with the streetscape plan; the school district boundary needs to be shown, and according
to the Tax Department, a parcel of land, owned by the Parks of Coppell Joint Venture,
located near the southwest corner (west of MacArthur Boulevard) appears to be
landlocked, and we would like the applicant to address how this property will gain
access.
Truman Edminster, Carter and Burgess, was present to represent this item before the
Commission and answer any questions. Tim House, potential purchaser of said property,
was also present to answer Commission questions.
There was extensive discussion relative to the trees and how one might preserve as many
as possible. A tree survey was suggested.
Commissioner Thompson motioned that MacArthur Park Addition, Preliminary Plat, be
denied. Commissioner Meador seconded the motion. Motion carried (6-0) with
Commissioners Alexander, Wheeler, Thompson, Tunnell, Meador and Hildebrand voting
in favor of denial. None opposed.
Gary Sieb, Planning Director, came back to the Commission regarding:
5. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-559(CH)
from 2F-9, MF -2 and LI to any appropriate zoning district classification, including, but
not limited to, SF -7, SF -9, SF -12, SF -18, SF -ED, 2F-9, MF -1, and/or LI, on
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approximately 80 acres of land located along the west side of Coppell Road, along the
north and south side of Ruby Road.
Planning Director Gary Sieb stated that at the Commission's direction, staff has met with
the owner of said property and he comes back to the Commission, if, in fact, the
Commission feels there is merit to the proposal the NCH people suggested this evening,
with five conditions suggested for the potential P.D.: (1) that the P.D. would be drafted
in such a way to reflect that there would be no access from this property to Coppell
Road, with the exception of the one crash gate which the Fire Department may want at
some future date, (2) that a 50' buffer width from the right-of-way line of Coppell Road
would be preserved with the size of the landscaped masonry wall to be 6 feet along
Coppell Road and 8 feet on the southern portion of the property and also on the west side
of Loch Lane, (3) the wall, landscaping and its irrigation system, would be applicable
when the adjacent NCH property is developed, (4) the landscaping plan that they would
submit, with the P.D., would conform to the landscaping provisions of Section 34 of the
Zoning Ordinance, and (5) the maintenance of the landscaping and the irrigation system
would be the responsibility of the property owner (NCH). Staff would further
recommend that this case be continued to the April 21st Commission Meeting, at which
time the applicant would submit this P.D. plan so that the Commission could actually
look at plant materials, location of wall, width of buffer, etc. , and the Commission could
act accordingly. Staff would also recommend that we send mailed notices to the
residents who live within 200 feet of the property, although legally, this is not necessary.
(Parenthetically, staff did not mail notices a second time because of time constraints,
illness, and limited staff resources.)
The City Attorney suggested that the Planning Director explain what a P.D. is, versus
straight zoning, so there won't be too much confusion. Mr. Sieb obliged.
Vice Chairman Meador made a motion to continue the hearing of Case #ZC-559 (CH)
to the April 21st Commission Meeting. Commissioner Thompson seconded the motion.
Motion carried (6-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell,
Meador, and Hildebrand voting in favor of continuance. None opposed.
Barbara Bailey, Coppell resident, expressed with emotional concern a "veiled" threat
presumably made to her by the representative of NCH. The City Attorney reiterated
public hearing rules and regulations and urged all present to maintain order.
6. PUBLIC HEARING: To consider approval of S-1078, to change the zoning from R
(Retail) to R. S.U.P. (Retail, Special Use Permit), located approximately 125 feet south
of Riverchase Drive, along the east side of MacArthur Boulevard, at the request of
Miami Subs Restaurant.
Planning Director Gary Sieb introduced the item to the Commission, stating this request
was originally scheduled to be heard by the Commission on February 17, 1994, but was
withdrawn by the applicant in order to work with staff regarding a compromise on its
design and whether or not it fits into the architectural design of Coppell. On March 8th,
Mr. Sieb met with the applicant and a representative of Miami Subs and the developer
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had agreed to provide more landscaping, perhaps utilizing brick pavers in the parking lot,
and redesign the maneuvering areas. The maneuvering areas have been redesigned, but
the rest of the plan is identical to what was submitted for the February meeting. The
most sensitive issue was the physical appearance of the building itself. The user insists
upon using white brick with a roof line and trim color which does not, in staff's opinion,
meet the traditional spirit of this community, i.e., "old world" architecture. Staff feels
that the design of this building could best be described as pseudo art deco and more
closely identified with south Florida. Staff would prefer to support this use but cannot
in good conscience recommend this building as reflecting the architectural and site design
objectives of Coppell. Because the building, itself, does not meet those objectives, staff
recommends denial.
Fehmi Karahan, developer, 5429 LBJ Freeway, Suite 340, Dallas, TX, was present to
represent this item before the Commission and answer any questions.
Chairman Tunnell opened the Public Hearing and asked for persons wishing to speak in
favor of the request. Those persons wishing to speak were:
Paul Grinager, 424 Cozby Avenue (Hunterwood)
Mary Ann Kellam, 705 Greenway Drive
L. D. Evans, 106 Winding Hollow
Curt King, Pres. of Chamber of Commerce, 500 South Denton Tap Road
Jerry Ragsdale, Republic Property Group
Chairman Tunnell then asked for persons wishing to speak in opposition to the request.
There were none.
The public hearing was declared closed.
Commissioner Meador made a motion to deny S-1078 to change the zoning from R
(Retail) to R. S.U.P. (Retail, Special Use Permit) for Miami Subs. Commissioner
Hildebrand seconded the motion. Motion carried (5-1) with Commissioners Wheeler,
Thompson, Tunnell, Meador, and Hildebrand voting in favor of denial. Commissioner
Alexander voted for approval.
The Planning Commission convened into Executive Session at 12:05 a.m. (CLOSED TO THE
PUBLIC)
The Planning Commission reconvened into Regular Session at 12:35 a.m. (OPEN TO THE
PUBLIC)
9. To consider approval of Riverchase Club Addition, Preliminary Plat, located west of the
intersection of Riverchase Drive and MacArthur Boulevard, at the request of CED
Construction.
Planning Director Gary Sieb stated that this item had been denied previously for technical
reasons and staff still has 4 issues with regard to this plat: (1) staff previously asked
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for a 30' easement for water line improvements which would run parallel to the TU
Electric power line, and the applicant is reluctant to show this easement on the plat, (2)
in the last Public Hearing, concern was expressed by citizens, as well as Commissioners,
that Riverchase Drive ends without a turn -around, which could possibly make it
dangerous for school buses to maneuver when dropping off and picking up children, a
temporary turnaround could be shown on the plat, (3) the plat still shows some three-
story buildings -- they need to be shown as no greater than two stories, (4) there are
several engineering comments which need to be addressed.
Dave Brown with CED Construction, 8445 Freeport Parkway, was present to represent
this item before the Commission and answer any questions. Mike Daniel, Nathan Maier
Engineers, was also present to answer questions.
Commissioner Meador made a motion to deny Riverchase Club Addition, Preliminary
Plat. Commissioner Wheeler seconded the motion. Motion carried (6-0) with
Commissioners Alexander, Wheeler, Thompson, Tunnell, Meador, and Hildebrand
voting in favor of denial. None opposed.
10. To consider approval of Regency Court Addition, Preliminary Plat, located along the east
side of MacArthur Boulevard, 1,249 feet north of Riverchase Drive, at the request of
Dallas Area Affordable Partners.
Planning Director Gary Sieb introduced the item to the Commission, stating several
issues were raised in the staff report, i.e., traffic impact on MacArthur Boulevard; a 5'
minimum width sidewalk along MacArthur Boulevard needs to be noted on the plat,
covered parking areas need to be clearly defined, a minimum 6' screening wall needs to
be shown on the plat if apartment units side to single-family zoning along MacArthur,
a prior owner of this property stated that landscaping in the easement, including berms,
would be done. Because the property to be platted includes that easement, this
landscaping needs to be shown on the plat.
Dave Brown with CED Construction, 8445 Freeport Parkway, was present to represent
this item before the Commission and answer any questions.
Commissioner Thompson moved to deny the Regency Court Addition, Preliminary Plat,
request. Commissioner Hildebrand seconded the motion. Motion carried (6-0) with
Commissioners Alexander, Wheeler, Thompson, Tunnell, Meador, and Hildebrand
voting in favor of denial. None opposed.
11. PUBLIC HEARING: To consider a proposed ordinance amending Section 44-3 of the
Comprehensive Zoning Ordinance for the City of Coppell, TX, amending the public
hearing and notice requirements to comply with Chapter 211 of the Local Government
Code.
Planning Director Gary Sieb introduced the item to the Commission, stating that if the
amendment is approved, there would be no change in hearing or notice procedures we
following regarding map changes. With regard to text changes, staff is recommending
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that mailed notices not be sent to all property owners in the City. Notices of time and
place of text changes will continue to be placed in the newspaper, using our normal time
frame. By making this amendment, we would still comply with State law.
Chairman Tunnell opened the Public Hearing and asked for persons wishing to speak
on this amendment. There were none
The public hearing was declared closed.
Commission Thompson made a motion to approve the ordinance amending notification
of text amendments to residents. Commissioner Alexander seconded the motion. Motion
carried (6-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell, Meador,
and Hildebrand voting in favor of approval. None opposed.
12. General discussion concerning planning and zoning issues.
Chairman Tunnell asked about the scheduling of the remaining hearings to determine
proper zoning. It was decided to schedule a special meeting to hear these cases on
Monday, April 25, 1994, at 7:30 p.m.
Commissioner Thompson again requested that signage be placed on everything that
appears before the Commission.
With nothing further to discuss, the meeting adjourned at 1:15 a.m.
Marsha Tunnell, Chairman
ATTEST:
H. Jahod ,, Administrative Secretary
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