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BM 1995-04-20 PZMinutes of April 20, 1995 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, April 20, 1995, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chairman Marsha Tunnell Commissioner Stan Lowry Commissioner Karen Reyher Commissioner Texx Stewart Commissioner Larry Wheeler Commissioner Carl Thompson Also present were City Attorney Rob Dillard, City Engineer Ken Griffin, Planning Director Gary Sieb, Assistant Planning Director, Pert Virtanen; Planning & Zoning Coordinator, Isabelle Moro, and Administrative Secretary Barbara Jahoda. Vice Chairman George Redford was absent. PRE -SESSION (Open to the Public) 1. Briefing on the 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 March 16, 1995. Commissioner Wheeler made a motion to approve the minutes of March 16, 1995, as submitted. Commissioner Lowry seconded the motion; motion carried (5-0) with Commissioners Lowry, Wheeler, Thompson, Reyher and Stewart voting in favor. None opposed. Since Chairman Tunnell was not present last month, she abstained. 5. PUBLIC HEARING: To consider the approval of S-1093. Taco Bell, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow a drive-through restaurant located on the west side of Denton Tap Road, approximately 145' north of Sandy Lake Road, at the request of Huitt-Zollars, Inc. Assistant Planning Director Pert Virtanen introduced the item to the Commission. He presented a slide presentation of the proposed site, as well as existing area Taco Bells taken both during the day and at night. Staff recommends approval of this Special Use Permit, with the following 12 conditions: 1) requirement that color samples of all exterior materials be submitted for approval prior to passage of the ordinance; 2) requirement that the building be faced in a brick which closely matches the color of the nearby shopping center; 3) requirement that the concrete roof tiles be a neutral shade, preferably a grey within a color range from a highly muted slate hue, possibly with a greenish cast, to a highly muted earth tone with a brownish tinge; 4) requirement that the four attached signs be restricted to the type in place at the Taco Bell facility on North Beach and Western Center in Fort Worth; 5) requirement that the awning material be of a solid neutral color ranging from off-white to grey and that back lighting not be permitted; 6) requirement that exterior painted surfaces be of a solid neutral color ranging from off-white to grey; 7) requirement that the raised rims of the tower caps and entry portals be of the same brick as the building face; 8) elimination of the monument sign; 9) the attachment of signage, posters, notices, advertisements and the like on either the inside or outside of windows, as well as the placement of interior or exterior neon signs so as to be visible from outside, to result in revocation of the special use permit; 10) the plan shows a 5 foot proposed right-of-way dedication, however, that is inadequate to contain the deceleration lane and required sidewalks. Therefore, additional right-of- way should be dedicated; 11) site plan shows a proposed driveway. That driveway should be constructed now to allow two points of ingress and egress to the site. Therefore, off-site easements will be required; and 12) clarification needed on 8" water line and propane tank. (See Fire Department comments.) Kent Marsh, Director of Planning for Huitt-Zollars, was present to represent this item before the Commission and answer any questions. He distributed revised elevations to the Commission and addressed the staff comments. He brought samples of compatible red brick with grey tile and stated that there would be no stucco and no awning -- only a framed off-white soffit with no back lighting. Taco Bell has applied for a variance on the signage which will be brought before Council. Mr. Marsh took exception to Staff recommendation No. 9 and regarding Staff item No. 10, he stated that the propane tank will be removed from the site. 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 people present who wanted to speak in opposition to this request to come forward. i� There were none. Considerable discussion followed. Commissioner Thompson made a motion to close the Public Hearing and approve S-1093 for Taco Bell, subject to the applicant meeting all staff recommendations (with the exception of No. 9 which relates to the attachment of signage inside or outside the windows); limiting the hours of operation to 12 midnight, and proposed that the right-of- way be 8.62 feet, versus 5 feet. Note was also made that staff will work with the applicant regarding the internal traffic signage. Commissioner Reyher seconded the motion. Commissioner Wheeler expressed concern as to restricting the hours of operation, since such a restriction has not _ been placed on other restaurants. A short discussion followed. Motion carried (4-2) with Commissioners Lowry, Thompson, Tunnell and Reyher voting in favor. Commissioners Wheeler and Stewart opposed. 6. PUBLIC HEARING: To consider the approval of Village at Cottonwood Creek Section VI, Reulat of Lots 7-36 and 45-48, to add an utility easement strip between lots 19 & 29, a street between lots 26 & 27 and to change the alley configuration between lots 34 & 35 and lots 45 & 46 located at the intersection of Graywood Lane and Pedmore Drive, at the request of Tipton Engineering, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission stating that the purpose of this replat is to provide access to the property to the north of the subdivision and to address the concerns of the Engineering Department. Staff recommends approval, subject to Marstow Lane being renamed Fairlands Drive and that Lots 36, 46, 47 and 48 of Block A should not be built upon at the present time. The City will require an agreement be executed prior to filing that specifies the developer's responsibility regarding the removal of the dirt in the future. Pat Atkins, Tipton Engineering, 6330 Beltline, Suite C, Garland, TX, was present to represent this item before the Commission. He stated that the developer is in concurrence with staff recommendations. 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 people present who wanted to speak in opposition to this request to come forward. There were none. Minimal discussion followed. 3 Commissioner Thompson made a motion to close the Public Hearing and approve the Village of Cottonwood Creek, Section VI, Replat of Lots 19-36, 45 and 46 with the staff recommendation, including the need for a Developer's Agreement. Commissioner Wheeler seconded the motion. Motion carried (6-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Reyher and Stewart voting in favor. None opposed. 7. PUBLIC HEARING: To consider the approval of Gibbs Station, Phase Two. Replat of Lot 35. Block "E", to change the location of a variable width floodway/floodplain easement on Lot 35, Block "E" located at the intersection of Gibbs Crossing and Creek Crossing, at the request of Dowdey, Anderson & Associates, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, stating that the variable floodway/floodplain easement has been moved further east and staff feels that since this is a housekeeping matter, it recommends approval. 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, but he was not asked to speak. 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 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 Gibbs Station, Phase 1, Replat of Lot 35, Block E. Commissioner Lowry seconded the motion. The motion carried (6-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Reyher and Stewart voting in favor. None opposed. 8. PUBLIC HEARING: To consider the approval of The Estates of Cambridge Manor, Replat of Lots 8, 9, & 10, Block B, to correct an error in a course and distance on the rear of lots 8 through 10, Block B, located on Castle Creek Drive, at the request of Dowdey, Anderson & Associates, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, stating that approval of this Replat would correct an error in the course and distance on the rear of Lots 8-10 on Block B and staff feels that this is a housekeeping matter and recommends approval. 4 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, but he was not asked to speak. 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 people present who wanted to speak in opposition to this request to come forward. There were none. No discussion followed. Commissioner Lowry made a motion to close the Public Hearing and approve The Estates of Cambridge Manor, Replat of Lots 8, 9 & 10, Block B. Commissioner Thompson seconded the motion. The motion carried (6-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Reyher and Stewart voting in favor. None opposed. 9. PUBLIC HEARING: To consider the approval of the Replat of Lot 3A and Lot 3B of Lakeside Village to relocate the boundary between the two lots at the request of JBM Engineers. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that, if approved, this Replat would be presented to City Council on April 25th. The proposed change is that a property line be moved further south to make Lot 3A larger. Alyson Archer, The Archer Company, 5485 Beltline Road, Suite 320, Dallas, TX, was present to represent this item before the Commission and answer any questions. 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 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 Lakeside Village, Replat of Lots 3A and 3B. Commissioner Lowry seconded the motion. Motion 5 carried (6-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Reyher and Stewart voting in favor. None opposed. 10. PUBLIC HEARING: To consider the approval of an Ordinance amending the Comprehensive Zoning Ordinance of the City of Coppell, TX, as heretofore amended, by amending the uses permitted by Special Use Permit in Section 304, "A" (Agricultural District); amending Section 39-1 to require a building site to be established by a platted lot; providing a repealing clause; providing a severability clause; and providing an effective date. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that the purpose of amending this text of the Zoning Ordinance is to permit commercial outdoor amusement as a Special Use Permit in an A (Agriculture) zoning district. Currently, commercial outdoor amusement is permit by Special Use Permit only in C (Commercial) and LI (Light Industrial) zoning districts. Section 39 needs to be amended to clarify the wording regarding lots upon which building permits can be issued to specify that building permits may be issued only on lots that are approved and are of record in the appropriate County Plat/Map Records. The staff recommends that this text amendment be approved so that it can be forwarded to City Council. 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 people present who wanted to speak in opposition to this request to come forward. There were none. Some discussion followed. Commissioner Stewart made a motion to close the Public Hearing and approve amending the Comprehensive Zoning Ordinance as written. Commissioner Wheeler seconded the motion. Motion carried (6-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Reyher and Stewart voting in favor. None opposed. 11. To consider the approval of Coppell Middle School West, Preliminary 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. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, stating that this property has never been platted. Platting will provide an official record for the present ownership. Approval of this Preliminary Plat will bring this property up to regulatory standards and it will allow the Coppell School District to build future additions to its existing campus. The Coppell Middle School is presently a non- conforming use on commercially -zoned property and since the structure predates the 0 Comprehensive Zoning Ordinance, its use is permitted to continue. Any future expansion may require a Special Use Permit. The following conditions need to be met: (1) Roadway impact fees will be required; (2) extend 12" water line on Wrangler to west property line; (3) site development may require additional access roadway(s) and/or standpipe system; (4) site development may require automatic fire sprinkler system, per NFPA 13; (5) site development may require on site water supply to "loop" to existing main on Wrangler Drive, and (6) TU Electric will require easements for existing facilities for final plat. Robert Howman, Glenn Engineering, 3705 Ridgewood, Grand Prairie, TX, was present to represent this item before the Commission and answer any questions. He stated that an addition was contemplated this summer. The School District concurs with staff s recommendations but requested that under No. 2, it read "Extend 12" water line on Wrangler to the west property line at the time of the said addition" so that it can be incorporated into one contract and not have to go out for separate bids. Some discussion followed. Commissioner Lowry made a motion to approve the Coppell Middle School, West, Preliminary Plat with staff conditions, including the request to extend the 12" water line at the time of construction. Commissioner Thompson seconded the motion. The motion carried (6-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Reyher and Stewart voting in favor. None opposed. 12. To consider the approval of The Woodlands of Coppcll, 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, at the request of HAP Engineering. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that staff recommends approval of the Final Plat subject to the following conditions: (1) The correct signature block for the floodplain administrator should be shown; (2) visibility easement should be provided at the intersection of Winding Hollow with Coppell Road; (3) the applicant is showing a 5 foot fence easement around the perimeter of the site. Is the fence going to be set in 5 feet? If so, who is going to maintain the 5 feet between the property line and the fence; (4) all common areas should be labeled and. maintained by the Homeowners Association. This should include landscape areas, the fence easement and the access easement between Lots 1 & 2. This could affect lot lines; and (5) roadway, water and sewer impact fees will be required. If the applicant is seeking any credits he should submit the calculations. The applicant provided new Homeowner Association Agreements which Mr. Virtanen turned over to the attorney for review. Robert Lange, representing W.O.C. Investments, Inc., 6310 LBJ Freeway, Dallas, TX, was present to represent this item before the Commission and answer any questions. The developer is in concurrence with all of the staff comments, however, clarification of some of the maintenance issues is necessary and updated deed restrictions were submitted. Mr. Robert Finley was also present. 7 Extensive discussion followed, primarily relative to the responsibilities of the Homeowners Association with regard to the several identified common areas. Commissioner Thompson made a motion to deny The Woodlands of Coppell, Final Plat. Commissioner Stewart seconded the motion. Motion carried (6-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Reyher and Stewart voting in favor of denial. None opposed. 13. To consider the approval of Champs Lagoon, Lot 1, Block 1. Minor Plat, to allow the creation of a building site on approximately 3.8 acres of property located south of Beltline Road and west of Ledbetter Road, at the request of Johnny Thompson. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that this proposal was denied when it was previously submitted on February 16th. The Commission, at that meeting, opted to grant permission for the applicant to resubmit at its March hearing. He chose to resubmit tonight. Since the Subdivision Ordinance requires a landscape plan and a site plan and since this property is on Beltline Road and is at the entrance to the city and there is concern as to the streetscape issue, staff recommends denial. The applicant was not present to represent this item before the Commission. Some discussion followed. Commissioner Thompson made a motion to deny Champs Lagoon, Lot 1, Block 1, Minor Plat. Commissioner Stewart seconded the motion. Motion carried (6-0) with Commissioners Lowry, Wheeler, Thompson, Tunnell, Reyher and Stewart voting in favor of denial. None opposed. 12. General discussion concerning planning and zoning issues. A. Comprehensive Master Plan update. Planning Director Gary Sieb stated that HOK is about ready to embark upon Community Workshop #1 within the next month or so. B. Rezoning Activity. Planning Director Gary Sieb stated that some time ago, it was recommended and approved by Council that the SF -0 zoning classification be eliminated. In order to do this, however, legal counsel advised that before reference to this SF -0 zoning could be removed from the Ordinance and removed from the zoning map, the present SF -0 zoning classifications need to be changed to reflect a zoning which accurately describes what is on the ground. He described the areas in Coppell which presently have SF -0 zoning and areas which have both TH-1 and TH-2 zoning, but which have single family residences built on the properties. A Public Hearing is proposed to determine proper zoning on all those areas to recognize these developments as legal and conforming. 8 After some discussion it was decided to hold a special Public Hearing in the near future to determine proper zoning. C. Cottonwood Creek Elementary School, Minor Plat. As a matter of information, Planning Director Gary Sieb read the definition for approving a Minor Plat by the Director of Planning and stated that the Minor Plat for the Cottonwood Creek Elementary School, located south of Minyard Drive and east of Tanbark Circle, is about ready for his signature and approval. Planning Director Sieb also briefly referred to a handout regarding the Planning and Zoning Commission replies to the recent Board and Commission Survey. With nothing further to discuss, the meeting adjourned at 9:52 p.m. 0 Marsha Tunnell, Chairman ATTEST: H. JahUda, Administrative Secretary Z