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BM 1994-03-14 PZ Special Called MeetingMinutes of March 14, 1994 PLANNING AND ZONING COMMISSION (SPECIAL CALLED MEETING) The Planning and Zoning Commission of the City of Coppell met in pre -session at 6:30 p.m., and in special session at 7:30 p.m., on Monday, March 14, 1994, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chairman Marsha Tunnell Commissioner Carl Thompson Commissioner Norman Alexander Commissioner Larry Wheeler Commissioner Ray Hildebrand Also present were City Attorney Pete Smith; Director of Planning and Community Services Gary Sieb; and Administrative Secretary Barbara Jahoda. Absent were: Vice Chairman Don Meador and Commissioner George Redford REGULAR SESSION: (Open to the Public) 1. Call to Order Chairman Tunnell called the meeting to order at 6:30 p.m. and immediately adjourned into the Executive Session. EXECUTIVE SESSION: (Closed to the Public) 2. Convene Executive Session A. Texas Government Code, Section 551.071 Consultation with City Attorney. 1. Zoning Matters WORK SESSION: (Open to the Public) 3. Briefing on the Agenda REGULAR SESSION RECONVENED: (Open to the Public) 4. Invocation Commissioner Thompson gave the invocation. 1 5. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-553(CH� from TH-1. MF -1 and MF -2 to any appropriate zoning district classification, includ,ng. but not limited to SF -7, SF -9. SF -12, SF -18, SF -ED. MF -1 and/or O, on approximately 50 acres of land located on two tracts, Tract A located along the east side of MacArthur Boulevard, north of the TU Electric right-of-way line on a total of approximately 30 acres of land. Tract B, approximating 20 acres, is located along the east side of MacArthur Boulevard, approximately 500 feet north of Riverchase Drive and southeast of the TU Electric right-of-way line. Planning Director Gary Sieb introduced the item to the Commission, stating that the current Comprehensive Plan was developed in 1987 and explained that as stated by the City Charter, the Planning Commission is mandated to review and recommend amendments to the Master Plan not less than every five years. A Planning Commission Committee, composed of Commissioners Marsha Tunnell and George Redford, was formed in 1992 to review elements of that 1987 Comprehensive Plan. The Committee has met, generally, on a monthly basis since the summer of 1992 and in December of 1993, it presented to the full Commission a list of 17 potential land use area changes which required zoning action to reflect the land uses as shown on the existing Comprehensive Plan or proposed to be shown on the revised plan. The Commission directed the Committee to hold workshop sessions with interested property owners, citizens of Coppell, affected Homeowners Groups and any others who might be interested in the proposals and in January and February, 1994, the Commission and members of the various parties added additional elements to the Committee's work and the Commission prioritized the recommended zoning changes and directed staff to advertize public hearings. Tonight's Public Hearing is a listing of the first 8 areas of potential rezoning and staff comments regarding each one. Because this is a Commission called Public Hearing, there is no applicant, per se, therefore, the Commission will hear from any interested parties and will be interested in any information relevant to the hearing process and will use this information in deciding upon their course of action. Any action taken tonight will be forwarded to the City Council in April for final approval or denial. Mr. Sieb stated the staff recommendation for Item 5 be as follows: On Tract A, which is currently zoned TH-1 and MF -1, be rezoned to a Single Family use, and that the property identified as Tract B, which is currently zoned MF -2, be rezoned to Office. 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: Patrick Keenan, 412 Wellington Chuck Sturges, 132 Newport Drive Pat Moriarty, 156 Meadowglen Circle Gary Daniels, 911 Rolling Brook (Woodridge Homeowners Association) Candy Sheehan, 759 Pelican Lane Paul Shea, 259 Tealwood Drive (Wynnpage Homeowners Association) Jerry Ragsdale, representing RPG Estates, Ltd. (Owner of Tract B) (OPPOSED TO THE REZONING) 2 Bill Dahlstrom, 1700 Pacific Avenue (representing Dallas Affordable Partners) (OPPOSED TO THE REZONING) Zack Dammeron, M.D., Beacon Hill Drive Harvey Stabler, 751 Blue Jay Barbara Bailey, 232 Plantation The public hearing was declared closed. Commissioner Wheeler made a motion that Tract A be rezoned to SF -7 (Single Family -7) to within 400 feet from the existing TU power line, with that 400 ft. area zoned O (Office), and O (Office) on Tract B. Commissioner Hildebrand seconded the motion. The motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of approval. None opposed. 6. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-554(CH) from R and MF -2 to anyWroropriate zoning district classification, includingbut not limited to. SF -7, SF -9, SF -12, SF -18 SF -ED, and/or MF -1, on a total of approximately 18.85 acres of land located south of Thweatt Road, east of Branchwood Trail and north of Autumnwood Lane. Planning Director Gary Sieb introduced the item to the Commission, explaining this property is owned by the Cistercian Monastery, which indicated in a letter, that they are opposed to the rezoning of this property. Staffs recommendation is that Single Family would be the most appropriate use of this property. Chairman Tunnell opened the public hearing and asked for a show of hands of persons wishing to speak. Those persons wishing to speak were: Melvin Gross, 152 Cottonwood Pat Moriarty, 156 Meadowglen Circle Pam Nicotera, 583 Oakbend Barbara Bailey, 232 Plantation Janice Walker, 556 Edinberg (THERE WAS NO ONE OPPOSED TO THE REZONING) The public hearing was declared closed. Commissioner Thompson made a motion that the zoning on Case #ZC-554 (CH) be changed to SF -9 (Single Family -9). Commissioner Alexander seconded the motion. The motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of approval. None opposed. 7. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-555(CH) from MF -1 and MF -2 to anyvapy=riate zoning district classification. including. but not limited to. SF -7. SF -9, SF -12, SF -18. SF -ED, and/or MF -1, on approximately 90 acres located on a tract of land at the northeast corner of Coppell Road and Parkway Boulevard. 3 Planning Director Gary Sieb introduced the item to the Commission, stating that the staff recommendation on the portion of land which is north of the drainage area retain its MF - 2 classification (the Adams tract), and that the remaining property be rezoned to Single Family. Chairman Tunnell opened the public hearing and asked for a show of hands of persons wishing to speak. Those persons wishing to speak were: Caroline Zwirko, 334 Drexel Pat Moriarty, 156 Meadowglen Circle Gary Sanford, representing John Adams (owner of some of the property) (OPPOSED TO THE REZONING) Lisa Alexander, 603 Oakbend Drive Jamie Cornelius, representing the Jim Sowell Co. (owner of some of the property) (OPPOSED TO THE REZONING) Patrick Keenan, 412 Wellington (Coppell Homeowners Network) The public hearing was declared closed. Commissioner Thompson motioned that Case #ZC-555 (CH) zoning be changed to as follows: That the northwest section remain MF -2 (Multi Family -2) and the remaining area, east of the drainage area, be rezoned SF -7 (Single Family -7) . Commissioner Hildebrand seconded the motion. Motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of the zoning change. None opposed. 8. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-556(CH,) from C and MF -2 to anyan-priate zoning district classification, including, but not limited to, SF -7, SF -9, SF -12, SF -18, SF -ED, and/or MF-, on approximately 35 acres of land located along the south side of Sandy Lake Road, east of Coppell Road and north of Whispering Hills and Devonshire Additions. Planning Director Gary Sieb stated that staff recommends that both the C (Commercial) and MF -2 (Multi Family -2) classification be changed to Single Family. Chairman Tunnell opened the public hearing and asked for a show of hands of persons wishing to speak. Those persons wishing to speak were: Chuck Sturges, 132 Newport Dr. (President of the Devonshire Homeowners Association), submitting a petition with 200 signatures supporting single family rezoning, asking approx. 50 homeowners in attendance to stand Nancy Healy, 121 Whispering Hills Barb Schmidt, 125 Whispering Hills Donna Ort, 492 Halifax Drive Paul Shea, 259 Tealwood Drive (Pres. of Wynnpage Homeowners Assoc.) Bill Dahlstrom, 1700 Pacific Avenue, representing tract owner (OPPOSED TO THE REZONING) 4 Pat Moriarty, 156 Meadowglen Circle Melvin Gross, 152 Cottonwood Patrick Keenan, 412 Wellington (Coppell Homeowners Network) Brian Wolff, 149 Windam Lane (Devonshire) Barbara Bailey, 232 Plantation Richard Rogers, 146 Carrington (Devonshire) The public hearing was declared closed. Commissioner Alexander made a motion to change the zoning on Case #ZC-556 (CH) to SF -7 (Single Family -7). Commissioner Wheeler seconded the motion. Motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of the rezoning. None opposed. 9. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-557(CH) from MF -2 to anyppropriate zoning district classification, including, but not limited to MF -1, O, and/or R, on approximately 16 acres of land located at the northwest corner of Beltline Road and MacArthur Boulevard, and east of the TP&L transmission line. Planning Director Gary Sieb introduced the item to the Commission, stating that recommends that O (Office) zoning be used on the area north of Riverchase Drive extension and R (Retail) zoning be used on the area south of Riverchase Drive extension. Chairman Tunnell opened the public hearing and asked for a show of hands of persons wishing to speak. Those persons wishing to speak were: Bill Dahlstrom, 1700 Pacific Avenue, representing tract owner (OPPOSED TO THE REZONING) Pat Moriarty, 156 Meadowglen Circle Harley Stabler, 751 Blue Jay Zach Dammeron, M.D., Beacon Hill Drive Brian Wolff, 149 Windham Candi Sheehan, 759 Pelican Lane Paul Malofsovich, 810 Mallard Drive Ivan Loffler, 1319 Westchester Drive Dave Brown, CED Construction (OPPOSED TO THE REZONING) Milton Smith, 839 Mallard Drive Kevin Kelly, 833 Crane Debbie Kukta, 829 Falcon Lane Bob Malarky, 351 Heartz Road Patrick Keenan, 412 Wellington (Coppell Homeowners Network) Chuck Sturges, 132 Newport Dr. (President of the Devonshire Homeowners Association) The public hearing was declared closed. 5 Commissioner Thompson made a motion re Case #ZC-557 (CH) zoning be changed to O (Office) in the area north of Riverchase Drive extension and R (Retail) in the area south of Riverchase Drive extension. Commissioner Alexander seconded the motion. Motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of this zoning change. None opposed. 10. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-558(CH) from MF -2 to any appropriate zoning district classification, including, but not limited to, SF -7. SF -9. SF -12, SF -18, SF -ED, and/or MF -1, on approximately 6.2 acres of land located along the south side of Parkway Boulevard, approximately 3/4 mile east of Denton Tap Road. Planning Director Gary Sieb stated that this property is under contract by Jonas Associates but that staff recommends that this property be rezoned to Single Family. Chairman Tunnell opened the public hearing and asked for a show of hands of persons wishing to speak. Those persons wishing to speak were: Barry Knight, 5400 Renaissance Tower (representing Jonas Associates) (OPPOSED TO THE REZONING) Douglas Layne, 277 Alex Drive Pat Moriarty, 156 Meadowglen Circle Barbara Bailey, 232 Plantation Jeff Demas, 204 Beechwood Jane Swave, 556 Edinberg Tim Trotter, 217 Beechwood The public hearing was declared closed. Commissioner Wheeler made a motion re Case #ZC-558 (CH) to change the zoning to SF -7 (Single Family -7). Commissioner Thompson seconded the motion. Motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of the zoning change. None opposed. 11. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-559(CH) from 2F-9, MF -2 and LI to any WWriate 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, stating that staff recommends that 2F9 zoning remain the same (the mobile home park is located on this property). Staff recommends that approximately 3 lots of Single Family homes be located along Coppell Road, with MF -2 zoning behind it. Staff recommends that the remainder of the property be zoned LI (Light Industrial). He said that the applicant would like to show some slides with their proposal of the property. IN Chairman Tunnell opened the public hearing and asked for a show of hands of persons wishing to speak. Those persons wishing to speak were: Martha Jo Cosby, 412 Coppell Road Chairman Tunnell asked if the applicant would like to present his case before any other citizens expressed their views. Don Moulton, NCH Corporation, Irving, TX, was present to represent this item before the Commission and answer any questions. Curtis Young, 8445 Freeport Parkway was also present to help present a slide presentation of proposed land use. Additional citizens wishing to speak were: Chuck Sturges, 132 Newport Drive Brian Wolff, 149 Windham Paul Grinager, 424 Cozby Pat Moriarty, 565 Meadowglen Circle Doug North, 425 Dillard Lane (Hunterwood) Pat Keenan, 412 Wellington Richard Rogers, 146 Carrington Drive Karen Yerger, 517 Anderson Avenue Dave Pusateri, 155 Kingston Circle Elia Martinez, 534 Greenwich Lane (Shadowood) Barbara Bailey, 232 Plantation Valerie (last name unknown), 1300 Carrington Ernest Rodriguez, 425 Dillard Lane The public hearing was declared closed. The Commission adjourned into Executive Session at 12:25 a.m. (CLOSED TO THE PUBLIC) The Commission reconvened Regular Session at 12:35 a.m. (OPEN TO THE PUBLIC) Commissioner Thompson moved that Case #ZC-559 (CH) be reopened and continued at the March 24th Planning and Zoning Commission Meeting. Commissioner Alexander seconded the motion. Motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of reopening and continuance. None opposed. 12. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-560(CH) from MF -2 to any appropriate zoning district classification, including. but not limited to, SF -7. SF -9, SF -12, SF -18. SF -ED. MF -1 and/or O, on an approximate 7 acre tract of land located at the northwest corner of Heartz and Bethel School Roads. 7 Planning Director Gary Sieb introduced the item to the Commission, stating that staff recommends Single Family classification. Chairman Tunnell opened the public hearing and asked for a show of hands of persons wishing to speak. Those persons wishing to speak were: Bob Malarky, 351 Heartz Road Pat Moriarty, 156 Meadowglen Circle The public hearing was declared closed. Commission Hildebrand made a motion to change the zoning of Case #ZC-560 (CH) to SF -7 (Single Family -7) Commissioner Thompson seconded the motion. Motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of the zoning change. None opposed. 13. 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 introduced the item to the Commission, stating that staff recommended the Commission deny the next three Preliminary Plats because the regularly scheduled Planning and Zoning Commission Meeting of March 17th was postponed until March 24th; staff has not yet formulated its recommendations for each of these three Plats and that if this action isn't taken tonight, the plats would automatically be approved because of the 30 -day mandatory Commission action that is in the State law. Each applicant has been advised of the recommended denial of the Plats this evening and told that each would be considered on March 24th and that at that meeting, staff would have its recommendations. Staff advises that each item be called separately and denied separately. Dave Brown, 8445 Freeport Parkway, was present to represent this item before the Commission and answer any questions. Mr. Brown requested that this Preliminary Plat be considered this evening. Chairman Tunnell explained that this Special Public Hearing was called to hear the 8 rezoning cases and that the three Preliminary Plats would be considered at the next regular Commission meeting on March 24th. Mr. Brown was assured that the staff recommendations would be heard on the 24th. Commissioner Thompson made a motion to deny this Riverchase Club Addition, Preliminary Plat and directed staff to bring it back on March 24, 1994, with its recommendation. Commissioner Alexander seconded the motion. Motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of denial. None opposed. 14. 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 that as before, staff recommended denial because no staff recommendation has been prepared for tonight's special Commission Meeting. The recommendation will be made at the next regular meeting on March 24, 1994. Dave Brown requested that this item be considered this evening but understands that it needs to be brought back at the next meeting. Commissioner Wheeler made a motion that Regency Court Addition, Preliminary Plat be denied and brought back at the March 24th meeting. Commissioner Hildebrand seconded the motion. Motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of denial. None opposed. 15. To consider approval of MacArthur Park Addition. Preliminary 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 Director Gary Sieb stated that the Vista Properties representatives had no problem with the Plat being denied this evening if brought back at the March 24th meeting. No one was present to represent the applicant to the Commission. Commissioner Thompson made a motion to deny MacArthur Park Addition, Preliminary Plat, and that staff bring this request back to the March 24th Commission meeting with its recommendation. Commissioner Alexander seconded the motion. Motion carried (5-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell and Hildebrand voting in favor of denial. None opposed. Observing there was no more business to conduct, the meeting adjourned at 1:15 a.m. ,�� L... TI, . - -,p 0 t Lk� Marsha. Tunnell, Ch ' an ATTEST: - -VII, - � I. U"a �arbara H. Jah , Administrative Secretary M