BM 1995-11-16 PZ4
Minutes of November 169 1995
PLANNING AND ZONING CONEMSSION
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, November 16, 1995, in the Coppell Town Center,
255 Parkway Boulevard, Coppell, Texas 75019. The following members were present:
Vice Chairman Larry Wheeler
Commissioner Texx Stewart
Commissioner Karen Reyher
Commissioner Madge Cruse
Commissioner Rick McCaffrey
Absent were Commissioners Redford and Lowry. Also present were Planning Director Gary
L. Sieb, Assistant City Manager/City Engineer Ken Griffin, Assistant Planning Director Pert
Virtanen, Planning & Zoning Coordinator Isabelle Moro, and Administrative Secretary Barbara
Jahoda.
PRE -SESSION (Oren to the Public)
1. Briefing on the Agenda.
REGULAR SESSION (Ouen to the Public)
2. Call to Order
Vice Chairman Wheeler called the meeting to order.
3. Invocation
Commissioner Cruse gave the invocation.
4. Approval of Minutes dated October 19, 1995
Commissioner Stewart made a motion to approve the minutes of October 19, 1995, as
submitted. Commissioner Cruse seconded the motion; motion carried (5-0) with
Commissioners Wheeler, McCaffrey, Cruse, Reyher and Stewart voting in favor. None
opposed.
5. CONTINUATION OF PUBLIC HEARING: To consider the approval of Case No.
S -1099R, Burges Restaurant, zoning change from LI (Light Industrial) to LI-
S.U.P. (Light Industrial, Special Use Permit) to allow the operation of drive-through
restaurant, located on the south side of Beltline Road; approximately 202.40' east
of the intersection of MacArthur and Beltline Road, at the request of Architectural
Design and Engineering.
Assistant Director of Planning Pert Virtanen introduced the item to the Commission,
stating that this request was reviewed at the October 19th P&Z Meeting and the decision
was to continue the Public Hearing to this date. A revised site plan has been received
which includes measures to mitigate some of the problems associated with the entry drive
to the shopping center and the fact that there is parking on the opposite side of a 30' fire
lane, constituting about 50% of the parking required for the table seating within the
proposed restaurant. Staff considers that this revised site plan acknowledges that the
problem exists but doesn't think that the parking problem has been solved. Staff still
feels that this site is too small for this particular use since it can't accommodate all of the
parking for the table seating on the site itself. Assistant Director Virtanen showed a
comparison of fast-food restaurants in Coppell -- those that exist and those which have
been approved. These sites range from being 50+ X larger to 2 1/2 times larger than
this particular site. He reiterated other alternative uses to this site. Again, staff
recommends that this Special Use Permit be denied.
Kirk Williams, 1201 Elm Street, Suite 5400, Dallas, TX, representing the property
owner and the prospective purchaser of the site, was present to represent this item before
the Commission and answer any questions. He stated that because Burger King
addressed some of the issues that were raised last month, he doesn't feel that this is an
admission of a safety problem. He gave an extended presentation, zeroing in on
suggestions made at the October Planning and Zoning Meeting.
Vice 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.
Vice Chairman Wheeler then asked for people present who wanted to speak in opposition
to this request to come forward.
There were none.
Vice Chairman Wheeler then closed the Public Hearing.
Some discussion followed.
Commissioner Stewart made a motion to deny Case No. S -1099R, Burger King, zoning
change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit).
Commissioner McCaffrey seconded the motion. Motion carried (3-2) with
Commissioners Wheeler, McCaffrey, and Stewart voting in favor of denial.
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Commissioners Cruse and Reyher opposed. The applicant has 15 days to appeal this
decision.
6. PUBLIC HEARING: To consider the approval of Case No. 5-1060R. CJ's
Clubhouse Grill (formerly Slider & Blues), zoning change from C-S.U.P.
(Commercial, Special Use Permit) to C-S.U.P. (Commercial, Special Use Permit),
to amend the conditions of the Special Use Permit to include a monument sign on
the property, located at the southeast corner of Denton Tap Road and Sandy Lake
Road, at the request of Peter Buell.
Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission
stating that a letter had been received from the applicant asking that this Public Hearing
be continued until the December 21st P&Z Meeting.
Vice 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.
Vice Chairman Wheeler then asked for people present who wanted to speak in opposition
to this request to come forward.
There were none.
Vice Chairman Wheeler closed the Public Hearing.
Commissioner Cruse made a motion to continue Case No. S -1060R, zoning change from
C-S.U.P. (Commercial, Special Use Permit) to C-S.U.P. (Commercial, Special Use
Permit) to the December 21st P&Z Meeting. Commissioner Reyher seconded the
motion. Motion carried (5-0) with Commissioners Wheeler, McCaffrey, Cruse, Reyher
and Stewart voting in favor. None opposed.
7. PUBLIC HEARING: To consider the approval of Case No. PD -131R, The Estates
of Cambridge Manor, zoning change from "PD -SF -12" (Planned Development,
Single Family -12) to "PD -SF -12" (Planned Development, Single Family -12), to amend
the conditions of the planned development as they apply to certain corner lots to
permit enclosure of side yards with fences no closer than 5 feet to a street right-of-
way, located along the north side of DeForest Road, approximately 1,600 feet east
of MacArthur Boulevard, at the request of Beamer Development, Inc.
Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating
that staff has spent considerable time in its research and preparing exhibits that reflect
staffs position on this case. Staff feels that there is a significant principle involved and
feels that this is an issue of self-interest vs. public good. The public expects the City and
local government to protect its interests and this is what staff is attempting to do. When
Council approved the final plat for this Planned Development, the first condition listed
in the Ordinance was that the fences would not extend beyond the platted building line.
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The design engineer did a commendable job of laying out the corner lots so that they
would be adequate for a large house with a large fenced -in yard. He then showed some
illustrations, comparing Lot 7, Block B, which initiated this change request, to a standard
interior lot in The Estates of Cambridge Manor. After a comprehensive presentation,
he stated that staff recommends denial of this request except for the two corner lots on
Prince Edward Lane for the reasons given in the Staff Report.
Jack Bommarito, 834 Lockhaven Lane, Coppell, TX, one of the partners of Beamer
Development, Inc., was present to represent this item before the Commission and answer
any questions. Mark Wainscott, 836 DeForest Road, Coppell, TX, partner of Beamer
Development, Inc., and architect, and Bill Anderson, Dowdey Anderson and Associates,
also spoke. An extensive presentation with slide illustrations was given to the
Commission.
Vice Chairman Wheeler opened the Public Hearing, asking for people present who
wanted to speak in favor of this proposal to come forward.
Mark Siepela, 18989 Midway Road, Dallas, TX, representing one of the
builders in the neighborhood
Dr. Ivor Benjamin, 818 Kings Canyon Court, Coppell, TX, Lot 4D
homeowner in The Estates of Cambridge Manor
Vice Chairman Wheeler then asked for people present who wanted to speak in opposition
to this request to come forward.
There were none.
Vice Chairman Wheeler closed the Public Hearing.
Extended discussion followed.
Commissioner Cruse made a motion to approve, in part, Case No. PD -131R, The Estates
of Cambridge Manor, zoning change from PD -SF -12 (Planned Development, Single
Family 12)) to PD -SF -12 (Planned Development, Single Family 12), modifying the
conditions as follows: (1) On Lot 1, Block E, and Lot 7, Block A, the side yard fences
may be moved to within 5 feet of Prince Edward Lane right-of-way, and (2) the side
yard fence on Lot 7, Block B, may be built within 15 feet of the Castle Creek Drive
right-of-way. The request to move the side yards on the remaining 10 corner lots was
denied. Commissioner Reyher seconded the motion. The motion carried (4-1) with
Commissioners McCaffrey, Cruse, Reyher and Stewart voting in favor. Commissioner
Wheeler opposed. The applicant has 15 days to appeal the denial decision.
8. To consider the approval of Taco Bell Addition, Final Plat, to allow the development
of a drive-through restaurant located on the west side of Denton Tap Road,
approximately 574 feet north of Sandy Lake Road, at the request of Huitt-Zollars,
Inc.
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Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission,
stating that the only outstanding issue remaining on this request is the 20' off-site utility
easement which will be required for the construction of the proposed sewer line. Staff
recommends approval of the Final Plat.
Kent Marsh, Director of Planning for Huitt Zollars, 720 N. Post Oak Road, #230,
Houston, TX, was present to represent this item before the Commission and answer any
questions. He stated that the 20' off-site utility easement issue is in the process of being
resolved.
Commissioner McCaffrey made a motion to approve the Taco Bell, Final Plat, noting
that a 20' off-site utility easement will be required. Commissioner Cruse seconded the
motion. Ken Griffin, Assistant City Manager/City Engineer, was asked to comment on
this motion. He stated that he is comfortable with the recommendation. The motion
carried (5-0) with Commissioners Wheeler, McCaffrey, Cruse, Reyher and Stewart
voting in favor. None opposed.
9. To consider the approval of Magnolia Park (formerly "Copuell 200 South")
Preliminary Plat, to allow the development of a 117 -lot residential subdivision
located on the west side of Denton Tap Road between Denton Creek and the future
State Highway 121 Bypass, at the request of Dowdey, Anderson and Associates, Inc.
Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission,
stating that the Commission reviewed this Planned Development subdivision about a year
ago at which time it was known as Coppell 200 -South. This development consists of
approximately 87 acres with 51 acres devoted to 117 residential lots of which 21 lots are
a minimum of 12,000 square feet in area and 96 lots are a minimum of 9,000 square feet
in area. Approximately 26 acres are floodplain which will be developed into a future
park site for both the development and the general public, and 10 acres will be devoted
to Highway Commercial zoning in the future. The applicant will need to adhere to the
park improvement agreement, amounting to approximately $300,000 in improvements,
which was initially executed by Lincoln Properties; later adopted by Magnolia, and
finally agreed to by Ron Fraze, current owner of the property. Staff recommends
approval of this Preliminary Plat with staff recommendations listed in the Staff Report.
Bill Anderson, Dowdey Anderson & Associates, Inc., 16250 Dallas Parkway, Suite 100,
Dallas, TX, was present to represent this item before the Commission and answer any
questions. Jim Cummings, San Antonio, TX, owner of the property to the west,
requested access to his property through this development.
Considerable discussion followed.
Commissioner Reyher made a motion to approve Magnolia Park, Preliminary Plat, with
the following recommendation: (1) Provide a deed restriction or clarification regarding
future fencing of the rear line of Lot 7, Block B; (2) provide building lines with 15'
setbacks on standard corner lots, however, where staff deems lots to be key lots, double -
front setbacks will be required; (3) an alley along the north side of Lot 47, Block E,
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needs to be provided; (4) a park plan (endorsed by Leisure Services) needs to be
provided with the Final Plat; (5) work with staff regarding the access to the property to
the west regarding time line and use, and (6) observe the following Engineering
comments:
• Consideration of additional access from the alley to the street between
Lots 19 & 41, Block E.
• Provision of a metes and bounds description of all common areas on the
final plat.
• As per the Subdivision Ordinance, the minimum street right-of-way for a
residential street is 50 feet. Therefore, a variance should be requested to
the Subdivision Ordinance on the face of the plat.
• The location of the entrance roadway into the development is shown to be
in the floodplain. This needs to be addressed through either a flood study
to remove it from the floodplain or by filling the roadway area and
removing an equal amount of fill from the site. Any improvements placed
in the floodplain of the proposed park land will require a flood study.
Contact the Engineering Department concerning this issue and about the
configuration.
• There is a concern regarding the ingress and egress to this development
which may require some or all of the following items: acceleration lane;
deceleration lane; widening of Denton Tap Road to provide a left turn lane
into the development; and a traffic signal. The acceleration and
deceleration lane will require the dedication of an additional twelve (12)
feet of right-of-way along Denton Tap Road.
• The installation of the sewer system needs to be coordinated with Centex,
formerly Vista Properties, in regards to the location of the sewer line
proposed to go through this development.
• The proposed water and sewer lines extended to the west property line
between lots 7 & 8, Block E should be sized to adequately handle the off-
site area and have a minimum of 9 feet separation.
• Please contact the Engineering Department regarding the radius proposed
for the sanitary sewer lines.
Commissioner McCaffrey seconded the motion. The motion carried (5-0) with
Commissioners Wheeler, McCaffrey, Cruse, Reyher and Stewart voting in favor. None
opposed.
PUBLIC HEARING: To consider amending Section 35 of the City of Coppell
Zoning Ordinance with regard to accessory building regulations.
Assistant Director Pert Virtanen introduced the item to the Commission, stating that this
proposal is one to change the section of the Zoning Ordinance that deals with accessory
buildings to include a provision regarding swimming pools so that swimming pools will
be set back a minimum of 5 feet from the edge of the pool liner to a main structure or
to a rear or side lot line, and 10 feet from a retaining wall, headwall or bulkhead
constructed to reclaim land from the 100 -year flood. In addition, the change would make
minor amendments to reduce the permitted roof overhang to 18 inches on accessory
structures set closer to a rear lot line than 10 feet or closer to a side lot line than the side
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I-- setback requirement for the principal structure, to apply the same garage setback
provisions to side alleys as apply to rear alleys, to make the regulations governing metal
buildings and metal roofs conform with the City Code of Ordinances, to drop the
masonry requirement on posts and railings for decks and patio covers less than 300
square feet in area, and to clarify language. He stated that the DRC Committee reviewed
these revisions and staff recommends approval of these text changes.
Vice 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.
Vice Chairman Wheeler then asked for people present who wanted to speak in opposition
to this request to come forward.
There were none.
Vice Chairman Wheeler closed the Public Hearing.
Commissioner McCaffrey made a motion to approve amending Section 35 of the Zoning
Ordinance regarding accessory building regulations. Commissioner Cruse seconded the
motion. The motion carried (5-0) with Commissioners Wheeler, McCaffrey, Cruse,
Reyher and Stewart voting in favor. None opposed.
11. General discussion concerning planning and zoning issues
Planning Director Sieb asked for a volunteer from the Planning Commission to serve as
a judge for the City of Coppell's Christmas light display. Larry Wheeler served in this
capacity for the past two years. The judging will occur after the Christmas Parade which
is scheduled for Sunday, December 3rd. Only those houses and/or neighborhoods whose
owners have filled out a form indicating that they would like to be considered in the
judging process will be visited by the judging committee. Hopefully this will make the
judging process easier and faster. Commissioner Reyher volunteered to serve.
Vice Chairman Wheeler gave a brief summary of the Sign Committee's progress. It is
hopeful that a recommendation can be considered by the Commission at its December
meeting.
With nothing further to discuss, the meeting adjourned at approximately 10:45 p.m.
Larry Wheeler, Vice
ATTEST:
H. JahodQ Administrative Secretary
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