BM 1995-05-18 PZMinutes of May 18, 1995
PLANNING AND ZONING COMIVIISSION
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, May 18, 1995, in the Coppell Town Center, 255
Parkway Boulevard, Coppell, Texas 75019. The following members were present:
Vice Chairman George Redford
Commissioner Stan Lowry
Commissioner Karen Reyher
Commissioner Texx Stewart
Commissioner Larry Wheeler
Commissioner Carl Thompson
Also present were City Attorney Rob Dillard, Graduate Engineer Mike Martin, Assistant
Planning Director, Pert Virtanen; Planning & Zoning Coordinator, Isabelle Moro, and
Administrative Secretary Barbara Jahoda.
PRE -SESSION (Open to the Public)
1. Briefing on the Agenda.
REGULAR SESSION (Open to the Public)
2. Call to Order
Vice Chairman Redford called the meeting to order. He stated that Item 11 (Burch
Addition, Lot 4, Block "A", Final Plat re the Orthodontics Clinic), will be heard before
Item 10 (Burch Addition, Lot 3, Block "A", Final Plat re the dry cleaners) .
3. Invocation
Commissioner Lowry gave the invocation.
4. Consideration of manner in which to proceed with current vacancy of the Chair
Vice Chairman Redford recommended that both the positions of Chairman and Vice
Chairman be elected for the remainder of the year. Commissioner Wheeler made a
motion to nominate George Redford as Chairman. Commissioner Lowry seconded the
motion. Motion carried (6-0) with Commissioners Lowry, Wheeler, Thompson,
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Redford, Reyher, and Stewart voting in favor. None opposed.
Chairman Redford made a motion to nominate Carl Thompson as Vice Chairman.
Commissioner Wheeler seconded the motion. Motion carried (5-0) with Commissioners
Lowry, Wheeler, Redford, Reyher, and Stewart voting in favor. Commissioner
Thompson abstained. None opposed.
5. Approval of Minutes dated April 20, 1995
Commissioner Lowry made a motion to approve the minutes of April 20, 1995, as
submitted. Commissioner Thompson seconded the motion; motion carried (6-0) with
Commissioners Lowry, Wheeler, Thompson, Redford, Reyher and Stewart voting in
favor. None opposed.
6. PUBLIC HEARING: To consider the approval of S-1095. Baskin Robbins, zoning
change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use
Permit), to allow an ice-cream shop in the Valley Ranch Center located at the
southeast corner of MacArthur Blvd. and Beltline Road, at the request of Gary
Wells.
Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission,
stating that this applicant would be occupying the Century 21 real estate space at the
Valley Ranch Plaza (Tom Thumb Shopping Center) and mentioned that this is the first
ice cream retail shop in Coppell. The applicant meets all requirements as to use, parking
and sign usage. Staff recommends approval.
Gary Wells, 2300 Stemmons Freeway, Dallas, TX, was present to represent this item
before the Commission and answer any questions.
Chairman Redford opened the Public Hearing, asking for people present who wanted to
speak in favor of this proposal to come forward.
There were none.
Chairman Redford then asked for people present who wanted to speak in opposition to
this request to come forward.
There were none.
No discussion followed.
Commissioner Wheeler made a motion to close the Public Hearing and approve S-1095
Baskin-Robbins, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial,
Special Use Permit) subject to the site plan. Commissioner Thompson seconded the
motion. Motion carried (6-0) with Commissioners Lowry, Wheeler, Thompson,
Redford, Reyher, and Stewart voting in favor. None opposed.
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7. PUBLIC HEARING: To consider the approval of The Fairways at Riverchase,
Replat of Lots 30-58. Block "A", to change the location of the 100 -year FEMA
Floodplain on Lots 30 through 58, Block "A" located along the north side of
Kingsmill Court and Berkshire Lane, at the request of Nathan D. Maier Consulting
Engineers, Inc.
Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission
stating that a reclamation study was done for this subdivision in the late 1980's. At the
time the Final Plat was approved by Council on January 12, 1993, the 100 -year FEMA
floodplain was shown on portions of the rear lots of Lots 30R -58R. The submitted
Replat is showing that additional land has been reclaimed as authorized by the 80's study.
The developer has changed the height of the retaining wall along Lots 30R and 44R and
was able to push the floodplain line back to the east -most property line. In addition, the
location of the 100 -year FEMA floodplain has also been changed along Lots 45R -58R.
Staff recommends approval.
Mike Daniel, Nathan D. Maier Consulting Engineers, Inc., 8800 North Central
Expressway, Dallas, TX , was present to represent this item before the Commission.
Chairman Redford opened the Public Hearing, asking for people present who wanted to
speak in favor of this proposal to come forward.
There were none.
Chairman Redford then asked for people present who wanted to speak in opposition to
this request to come forward.
There were none.
No discussion followed.
Commissioner Thompson made a motion to close the Public Hearing and approve the
Fairways at Riverchase, Replat of Lots 30-58, Block "A". Commissioner Lowry
seconded the motion. Motion carried (6-0) with Commissioners Lowry, Wheeler,
Thompson, Redford, Reyher and Stewart voting in favor. None opposed.
8. To consider the approval of Connell Middle School West, Final Plat, to file the
configuration of the present landownership of 51.8 acres of property located on
Wrangler Drive in the county plat records, at the request of Glenn Engineering.
Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating
that a letter has been received from the applicant requesting that this proposal be tabled.
City Attorney Dillard stated that according to the statute, the plat must be denied at this
time or else it will be deemed approved. The applicant can refile.
No discussion followed.
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Commissioner Thompson made a motion to deny the Coppell Middle School, West, Final
Plat. Commissioner Wheeler seconded the motion. The motion carried (6-0) with
Commissioners Lowry, Wheeler, Thompson, Redford, Reyher and Stewart voting in
favor of denial. None opposed.
9. To consider the approval of The Woodlands of CoDcell, Final Plat, to allow
development of a 38 -lot residential subdivision on property located at the southwest
of the intersection of Coppell Road and Thweatt Road, at the request of HAP
Engineering & Associates, Inc.
Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating
that all of the issues which resulted in this Plat being denied by the Planning and Zoning
Commission last month have been resolved. Staff recommends approval, subject to
receipt of certain Homeowner Association documents, etc.
City Attorney Dillard stated that because this development includes some improvements
in public right-of-way which will be the responsibility of the Homeowners' Association
to be formed for this subdivision, the City needs to require the applicant to present the
executed Articles of Incorporation for the Homeowners' Association which has been filed
with the Secretary of State and that when the Certificate of Incorporation is issued, it and
the By -Laws of the Association be furnished to the City. City Attorney Dillard has
reviewed and made some recommended changes to the Restrictive Covenant which is
required by the Subdivision Regulations. This also needs to be recorded in the Deed
Records of Dallas County and a recorded copy returned to the City. Because the legal
description being used in the Deed Restrictions depends on the filing of the Plat, the City
would need to allow the applicant to file the Plat in order to get the Volume and Page
numbers to record in the Deed Restrictions legal description. He recommended that
these conditions be placed on approval of the Plat and that the City withhold, perhaps,
the building permit in order to assure receipt of these documents.
Robert Lange, 6310 LBJ Freeway, Suite 210, Dallas, TX, was present to represent this
item before the Commission and answer any questions. He stated that staff's requests
are acceptable to the applicant.
Some discussion followed.
Commissioner Lowry made a motion to approve The Woodlands of Coppell, Final Plat,
with the following documents which need to be received and approved by City staff:
Articles of Incorporation of the Homeowners' Association, the By -Laws, the Restrictive
Covenants to be filed with the Dallas County Deed Records and certification presented
to the City that those documents have been filed, and the City will not accept the
dedication of public improvements until City staff receives said documents to their
satisfaction. Commissioner Stewart seconded the motion. The motion carried (6-0) with
Commissioners Lowry, Wheeler, Thompson, Redford, Reyher and Stewart voting in
favor. None opposed.
(Item 11 was heard before Item 10)
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11. To consider the approval of The Burch Addition, Lot 4. Block "A". Final Plat, to
allow development of an orthodontics clinic on property located at the west side of
Denton Tap Road, approximately 535 feet south of Bethel School Road, at the
request of Dowdey, Anderson and Associates, Inc.
Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating
that the site plan has given careful consideration to virtually all of the trees. The location
interferes to some degree with the provision of a 20' wide Hike and Bike Trail easement
adjoining the edge of the floodplain. Staff is agreeable to making an exception and
moving the Hike and Bike Trail inside the floodplain and building a foot bridge across
a small portion (approximately 50 feet in length) and would recommend approval of the
Final Plat with the proviso that an easement be provided for the overhead electric
utilities, and subject to City Council approval of a variance of the requirements of
Appendix C, Section 5, of the Subdivision Ordinance, placement of the 20' -wide Hike
and Bike Trail easement alongside the floodplain, with an approximately 50' -long
segment partially within the floodplain, and some of the Engineering Department
comments re on-site utility locations and that a fire hydrant easement be accommodated.
Frank Stich, owner, 607 Hood Drive
before the Commission and answer
Architect; Michael Dowdey, Engin
Company (arborist) were also pre
assistance. Dr. Stich gave an exte
property and a local Hike and Bike
significant concerns and discomfort
floodplain.
Extended discussion followed.
Coppell, TX, was present to represent this item
any questions. He indicated that Skip Blake,
eer; and Harold Spiegel from Preservation Tree
sent to answer questions and to give technical
nded presentation which included pictures of his
Trail which showed vandalism. He expressed
with putting the Hike and Bike Trail along the
Commissioner Wheeler made a motion to approve the Burch Addition, Lot 4, Block "A",
Final Plat with the condition that the applicant get with staff to work out all landscaping
requirements, including staff comments, prior to forwarding on to Council.
Commissioner Lowry seconded the motion. Motion failed (3-3) with Commissioners
Lowery, Wheeler, and Redford voting in favor. Commissioners Thompson, Reyher, and
Stewart opposed.
Some discussion followed.
Commissioner Thompson made a motion to deny the Burch Addition, Lot 4, Block "A",
Final Plat. Commissioner Stewart seconded the motion. Some discussion followed
relating to the location of the Hike and Bike Trail. Commissioner Thompson withdrew
the motion for denial.
Commissioner Wheeler made a motion to approve the Burch Addition, Lot 4, Block "A",
Final Plat with staff recommendations 1 and 3. Commissioner Lowry seconded the
motion. Motion carried (4-2) with Commissioners Lowery, Wheeler, Redford, and
Reyher voting in favor. Commissioners Thompson and Stewart opposed.
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10. To consider the approval of the Burch Addition, Lot 3, Block "A", Final Plat, to
allow the development of a dry cleaners on property located at the west side of
Denton Tap Road, approximately 385 feet south of Bethel School Road, at the
request of Dowdey, Anderson and Associates, Inc.
Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating
that on March 16th the Commission denied the final plat on the advice of the City
Attorney because the Zoning Ordinance requires landscaping 10 feet in width between
vehicular use areas and side property lines. The Building Inspection Department has
agreed to accept landscaping 6 feet in width without a variance by the Board of
Adjustment. Generally speaking, staff has no concerns with approval of the Final Plat
subject to some changes being made in the site plan, itself, such as: (1) Provision of seal
and signature of Licensed Landscape Irrigator on irrigation plans; (2) provision on the
landscape plans of seal and signature of Landscape Architect registered in the State of
Texas or landscape contractor that belongs to a bona fide Nurseryman's Association; (3)
revision of the site plan to show one westbound driveway on the north side of the
property and one eastbound driveway on the south side of the property each no wider
than 12 feet and to show parking space sizes which comply with zoning ordinance
requirements; (4) revision of the site plan to show a monument sign similar to the one
on Lot 2 of Burch Addition (no larger than 50 s. f. ); (5) revision of the landscape plan
to show caliper -inch -for -caliper -inch replacement of each existing tree to be removed
within the required yards and to list quantities of plant materials adequate to occupy the
spaces in which they are shown at the spacing specified; and (6) submission of 17 copies
of each plan, revised as specified, plus 3 reductions of each on 8'h "x 11 " paper and one
reduction of each on an 8'h"x11" overhead transparency no later than 12 noon on
Wednesday, 13 days in advance of the City Council meeting date on which the final plat
will be considered.
Ray Ellis, Kwik Industries, Inc., 4725 Nall, Dallas, TX, was present to represent this
item before the Commission and answer any questions. He stated that he has no
concerns with staff recommendations except for the 12 -foot width. He expressed concern
getting in and out of the property with a truck to get to the dumpster.
Extensive discussion followed.
Commissioner Thompson made a motion to deny Burch Addition, Lot 3, Block "A",
Final Plat. Commissioner Stewart seconded the motion. In terms of discussion,
Chairman Redford mentioned that concerns needed to be made clear to the applicant what
is required as to landscaping. City Attorney Dillard said that in this case, there is no
problem with the Plat; the problem is with the Site Plan. He recommended approval of
the Plat, but suggested that the applicant bring a revised Site Plan back before the
Commission. More discussion followed. Commissioner Thompson withdrew the
motion to deny.
Commissioner Stewart made a motion to approve Burch Addition, Lot 3, Block "A",
Final Plat, as presented, but that the site plan be denied and the following changes be
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made: all recommendations listed by staff should be made with a change on
Recommendation #4, indicating a drive 14' -wide on the north side and 12' -wide on the
south side, and on Recommendation #5, that the monument sign not only be similar, but
include verbiage indicating appropriate materials and size to match signs on either side
of this development.
Commissioner Wheeler made a motion to request an Executive Session. Commissioner
Thompson seconded the motion. Motion carried (4-2) with Commissioners Wheeler,
Thompson, Redford, and Stewart voting in favor. Commissioners Lowry and Reyher
opposed.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session, consultation with the City Attorney, Section 552071 of the
Texas Government Code at 10:50 p.m.
Regular Session was reconvened at 11:03 p.m. (Open to the Public)
Chairman Redford briefly restated Commissioner Stewart's motion. It was not seconded.
Commissioner Stewart revised his motion to approve Burch Addition, Lot 3, Block "A",
Final Plat, as presented, and that the site plan be approved with the following changes:
(1) provision of seal and signature of Licensed Landscape Irrigator on irrigation plans;
(2) provision on the landscape plans of seal and signature of Landscape Architect
registered in the State of Texas or landscape contractor that belongs to a bona fide
Nurseryman's Association; (3) revision of the site plan to show one 14 -foot wide
westbound driveway on the north side of the property and one 12 -foot wide eastbound
driveway on the south side of the property and to show parking space sizes which comply
with zoning ordinance requirements; (4) revision of the site plan to show a monument
sign similar to size and materials used on properties on Lots 2 and 4 (no larger than 50
s. f.); (5) revision of the landscape plan to show caliper -inch -for -caliper -inch replacement
of each existing tree to be removed within the required yards and to list quantities of
plant materials adequate to occupy the spaces in which they are shown at the spacing
specified; (6) submission of 17 copies of each plan, revised as specified, plus 3
reductions of each on 81h "x l l " paper and one reduction of each on an 81h "x l l "
overhead transparency no later than 12 noon on Wednesday, 13 days in advance of the
City Council meeting date on which the final plat will be considered, and (7) include the
removal of the parking space to allow for the saving of the 22" caliper tree and the
additional landscaping around the building.
Commissioner Thompson seconded the
Commissioners Lowry, Wheeler, Thompson
favor. None opposed.
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motion. Motion carried (6-0) with
, Redford, Reyher and Stewart voting in
With nothing further to discuss, the meeting adjourned at 11:10 p.m.
s
George Ledford, Chairman
ATTEST:
H. Jahoda, 'Administrative Secretary