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BM 1995-02-16 PZMinutes of February 16, 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, February 16, 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 Texx Stewart Commissioner Larry Wheeler Chairman Marsha Tunnell (arrived late) Also present were City Attorney Pete Smith, City Engineer Ken Griffin, Planning Director Gary Sieb, Assistant Planning Director, Pert Virtanen; Planning & Zoning Coordinator, Isabelle Moro, and Administrative Secretary Barbara Jahoda. Commissioner Carl Thompson was absent, and a vacancy exists because of the election of Chuck Sturges to City Council. 1. Briefing on the Agenda. REGULAR SESSION 2. Call to Order Vice Chairman Redford called the meeting to order. 3. Invocation Commissioner Lowry gave the invocation. 4. Approval of Minutes dated January 19 and January 23, 1995. Commissioner Lowry moved to approve the minutes of January 19 and 23, 1995, as submitted. Commissioner Wheeler seconded the motion; motion carried (4-0) with Commissioners Lowry, Wheeler, Redford, and Stewart voting in favor. None opposed. 5. PUBLIC HEARING: To consider the approval of PD -135R, The Woodlands of Cop=U, zoning change from SF -12 to PD -SF -12 to allow development of a residential subdivision with special conditions, on property located at the southwest corner of Coppell and Thweatt Roads, at the request of HAP Engineering & Associates, Inc. Planning Director Gary Sieb introduced the item to the Commission stating that this 18.19 acre tract of property is proposed to be a 38 -lot subdivision. Planning staff recommends approval but the Commission needs to be aware of the following items and the reason for the PD request: (1) the PD requests no alleys, (2) it shows no alley access to the Oakbend Subdivision, (3) 25 -foot front yard setbacks have been requested, versus the normal 30 -foot setbacks in a SF -12 area, (4) an 8 -foot side yard be allowed, (5) the minimum lot width be measured at the middle of the lot, versus the front building line, and (6) staff has D/FW noise concerns regarding properties located in this area of the city. Mr. Sieb also mentioned that a number of trees will be lost if this subdivision is approved and reminded the Commission that the tree provisions in the Zoning Ordinance states that trees that are lost in street rights-of-way, alley rights-of-way and buildable areas of structures are not counted against the applicant with regard to replacing trees. Robert Lange, 6310 LBJ Freeway, Dallas, TX, was present to represent this item before the Commission and answer any questions. Vice 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. Vice Chairman Redford then asked for people present who wanted to speak in opposition to this request to come forward. There were none. Minimal discussion followed. Commissioner Lowry made a motion to close the Public Hearing and approve PD -135R, The Woodlands of Coppell with the following conditions: (1) no alleys will be required; (2) there will be no alley access to the Oakbend Subdivision; (3) 25' front yard setbacks will be permitted; (4) 8' side yards will be permitted; (5) lot width shall be measured at the center of the lot; and (6) with regard to the D/FW noise concerns, a note needs to be placed on the face of the plat which states that the potential purchaser recognize that there will be airport noise connected with living in this area. Commissioner Wheeler seconded the motion. Motion carried (4-0) with Commissioners Lowry, Wheeler, Redford and Stewart voting in favor. None opposed. 2 6. To consider the approval of The Woodlands of CQVWN, Preliminary Plat, to allow development of a 38 lot residential subdivision on property located at the southwest corner of Coppell and Thweatt Roads, at the request of HAP Engineering & Associates, Inc. Planning Director Gary Sieb introduced the item to the Commission stating that staff recommends approval with the following comments: Note 5 should read "...a five-foot widg fence easement...", the width of the Hike and Bike Trail needs to be stated, and Lot #1 shall be a buildable lot. . Robert Lange, 6310 LBJ Freeway, Dallas, TX, was present to represent this item before the Commission and answer any questions. Minimal discussion followed. Commissioner Wheeler made a motion to approve The Woodlands of Coppell, Preliminary Plat, with the following conditions: (1) on the face of the Plat, note 5 should read "...a 5' wide fence easement..."; (2) a 10' wide easement with an 8' wide Hike and Bike Trail needs to be stated; (3) Lot #1 shall be a buildable lot; (4) under 7A on the Plat, the phrase "...existing alleys shall be allowed driveway access..." should read "...existing alleys shall not be allowed driveway access..."; (5) the floodplain and floodway should be tied down on the Final Plat; (6) various fees will be required for this development, such as water, sewer, parks and Roadway Impact Fees; and (7) a note needs to be made on the face of the Plat regarding the D/FW noise issue. Commissioner Lowry seconded the motion. Motion carried (4-0) with Commissioners Lowry, Wheeler, Redford,and Stewart voting in favor. None opposed. 7. PUBLIC HEARING: To consider the approval of S-1091. Slider & Blues, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the enclosure of the patio area to create more indoor space and a private room on property located at the southeast corner of Sandy Lake and Denton Tap Roads, at the request of The Peter Buell Company, Inc. Planning Director Gary Sieb introduced the item to the Commission, stating the applicant wishes to enclose the patio area (approx. 800 square feet). The parking is adequate for this addition. The only concern that staff has is the two very large trees that extend through the patio floor that will come down if and when the addition is built. The Zoning Ordinance states that if a tree is not in the building area (and they weren't when the original Slider & Blues was built), the owner is responsible for replacing trees caliper inch per caliper inch. These two trees total approximately 48 caliper inches, therefore, the applicant would need to replace 48 inches of trees somewhere on the site. If the applicant wished some relief of this requirement, he would need to go before the Board of Adjustment. Staff would have felt more comfortable had the applicant supplied official recognition from a nurseryman that indicated that these trees were dying, which the applicant represented to the staff. The Ordinance states that if a tree is diseased, it can be removed without replacement, however, staff has not seen any official information indicating that this is the case. 3 Peter Buell, owner of Slider & Blues, Denton Tap Road, Coppell, TX, was present to represent this item before the Commission and answer any questions. He indicated that he had a letter from a landscaper indicating that post oaks are very fickle trees and that building construction on the root system of the two trees has damaged them. These two trees have not been coming back as well as some other trees on the property. He indicated that he would replace them caliper inch per caliper inch if he had to, but also indicated that he may go to the Board of Adjustment for relief. Vice 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. Vice Chairman Redford 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 S-1091, zoning change from C to C-S.U.P. for Slider & Blues, subject to the following conditions: (1) subject to the site plan, and (2) subject to meeting the provisions of the Zoning Ordinance. Commissioner Wheeler seconded the motion. The motion carried (4-0) with Commissioners Lowry, Wheeler, Redford, and Stewart voting in favor. None opposed. 8. To consider the approval of Old Copgell Estates, Preliminary Plat, to allow development of a 33 lot residential subdivision on property located 2/10ths of a mile east of Coppell Road on the north side of Bethel Road, at the request of GDI and Associates, Inc. Planning Director Gary Sieb introduced the item to the Commission stating that the zoning request change on this property was heard in September, 1994, when the property was recommended for rezoning from R (Retail) to SF -9 (Single Family -9). This 33 lot subdivision has recently been purchased by the Wilbow Corporation. Staff recommends approval of this request with the following conditions: (1) the landscaping and screening wall need to be dimensioned; (2) a Homeowners Association is needed to maintain the common open space; and (3) Engineering concerns be addressed. David Blom, Wilbow Corporation, 3960 Broadway, Suite 125, Garland, TX, was present to represent the item before the Commission and answer any questions. He indicated that he had no problem with staff comments and referred to a letter which he submitted relative to a request to delete an interior alley. 4 After Vice Chairman Redford questioned some indication of flood plain on the plat, Ken Griffin, Assistant City Manager/City Engineer, discussed the flood plain limits. Commissioner Lowry made a motion to approve the Old Coppell Estates, Preliminary Plat, with the following conditions: (1) the landscaping and screening wall need to be dimensioned; (2) a Homeowners Association is needed to maintain the common open space; (3) the existing floodplain adjacent to the site should be shown; (4) a screening wall easement should be provided on the lots adjacent to Bethel Road and adjacent to the alley; and (5) various fees will be required for the development, such as water, sewer, park and Roadway Impact Fees. It was also recommended that Council waive the alley requirements. Commissioner Wheeler seconded the motion. Motion carried (4-0) with Commissioners Lowry, Wheeler, Redford, and Stewart voting in favor. None opposed. 9. To consider the approval of The Enclaves on the Parkway. Final Plat, to allow development of a 21 lot residential subdivision on property located on the south side of Parkway Boulevard, east of Parks of Coppell and west of Parkview Addition (across from Kid Country), at the request of Dowdey, Anderson & Associates, Inc. Planning Director Gary Sieb introduced the item to the Commission, stating that this 5.84 acre tract is being platted for a 21 -lot single-family subdivision. He then reminded the Commission of the following concerns which were discussed at the Preliminary Plat process:. (1) there be created a development entity which would have ownership of the channel, (2) the amount of time, money, effort, engineering, and development the applicant puts into the property and how much the city participates, (3) a definition of maintenance responsibilities, and (4) concerns relating to the area to the east of this property, behind the Parkview and Pecan Hollow subdivisions, which is a "no -man's" land. The. developer provided the City with financial statistics and expenses that indicated there would be about $230,000 worth of improvements to be made in this area to make this part of Coppell similar to the canal section we have to the south and west of this property. The City Development Agreement states that the City will contribute approximately $90-100,000; the developer will contribute the remainder. For the City's participation, we will get a mill -sap canal wall. The developer will be irrigating, landscaping and maintaining that portion of the wall which would be west and north of the canal; the City would be maintaining that portion of the property which would be on the east and south side of the canal, and. the City would agree to install a storm drain between the Parkview addition and Pecan Hollow in an attempt to rid the area of the cat tails, drainage problem and other neighborhood issues. Basically, staff supports this proposal with one clarification: brick pavers are required at the entrance of The Enclaves on the Parkway. Bill Anderson, Dowdey, Anderson & Associates, 16250 Dallas Parkway, Dallas, TX, was present to represent the item before the Commission and answer any questions. He indicated that the brick pavers are on the construction plans. 5 Minimal discussion followed. Commissioner Wheeler made a motion to approve The Enclaves on the Parkway, Final Plat. Commissioner Stewart seconded the motion. Motion carried (4-0) with Commissioners Lowry, Wheeler, Redford, and Stewart voting in favor. None opposed. 10. To consider the approval . of MacArthur Park, Final Plat, to allow development of a 30 lot residential subdivision on property located on the east and west sides of MacArthur Boulevard, approximately 2,000 feet north of Samuel Boulevard, at the request of Carter & Burgess, Inc. Planning Director Gary Sieb .introduced the item to the Commission stating that this is actually a two -tract subdivision on the east and west sides of MacArthur Boulevard, which has gone through the rezoning process, as well as the Preliminary Plat process. At one point this was proposed to be a 52 -lot subdivision, but is now being proposed as a 50 -lot subdivision so as to preserve as many trees as possible. There were five concerns noted in the Staff Report which needed to be brought to the Commission's attention: (1) the plat name change, (2) the Hike and Bike Trail needs to be 10 -feet wide, not 8 -foot wide (it's paved to an 8 -foot dimension), (3) included in the packet was a letter from Bruce Hedeman, an area homeowner, who had a number of issues he felt hadn't been resolved to his satisfaction, although staff feels those issues have been addressed, (4) a miscommunication between staff and the applicant regarding landscaping plans, which has been resolved, and (5) all staff comments have been addressed. Tim House, representing Perry Homes, ' was present to represent the item before the Commission and answer any questions. Kent Donahue from Perry Homes and Terry Mitchell from Carter & Burgess Engineering were also present. Mr. House stated that an arborist (Sandy Rhodes with Shademasters in Arlington, TX) has been employed on anon -going basis with the planning of this subdivision and will continue throughout the development of this subdivision. Extensive discussion followed. Chairman Tunnell. arrived. during the discussion and took over the meeting. Commissioner Redford made a motion to approve the MacArthur Park, Final Plat, with the following conditions: (1) the name of this development shall remain MacArthur Park (reference can be made to The Peninsulas of Coppell in advertising); (2) a dimension from the center of the West Flamingo Way cul-de-sac (street will be renamed) to the north property line; i.e., to the "chopped off" area, needs to be provided; and (3) various fees will be required for this development, such as water, sewer and park impact fees. Commissioner Wheeler seconded the motion. Motion carried (5-0) with Commissioners Lowry, Wheeler, Tunnell, Redford, and Stewart voting in favor. None opposed. 11. To consider the approval of ChamM Lagoon, Lot 1. Block.. 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. 6 Planning Director Gary Sieb introduced the item to the Commission stating that this is a request for a Minor Plat. Staff feels that there is not enough information on the face of the plat to recommend approval. There was some question as to whether or not this proposal needs a zoning change. The Building Official, the City Manager and Gary Sieb feel that a Special Use Permit will be required for the proposed use regardless of the zoning. That being the case and the fact that there are several concerns and questions that staff feels have not been addressed by the Plat, as called for by the Subdivision Regulations, staff recommends that this Plat be denied, but encourages the applicant to apply for a change in zoning (S . U. P. process), resubmit a more detailed plan for development which follows the requirements of the Subdivision Regulations as they are spelled out in the preliminary and final plat sections, and submit both the zoning case and the subdivision plat at the April hearing, and both could be processed at the same time. Johnny. Thompson, 1780 E. Beltline Road, Coppell, was present to represent the item before the Commission and answer any questions. Attorney Pete Smith stated that Mr. Thompson met with the City Manager, Assistant City Manager/City Engineer, and himself regarding this proposal some time ago regarding whether or not a zoning change would be required concerning the proposed use for a water park. Mr. Thompson was encouraged to seek an interpretation from the Chief Building Official since a water park was not listed in the Zoning Ordinance. The Chief Building Official has indicated that a Special Use Permit would be required for a water park use in an Agricultural district. The main question is whether or not the plat meets the technical requirements of the Subdivision Regulations. With regard to Minor Plats, there are conditions which must apply in order for the designated official (Mr. Sieb) to approve it. If he recommends denial, it must be sent on to the Planning and Zoning Commission/City Council for action. Mr. Smith encouraged the Commission to ask Mr. Sieb and Mr. Griffin any questions as to whether or not this plat meets the technical requirements or is. in violation of the technical requirements of the Subdivision Regulations. He also reminded the Commission that it could- approve this Minor Plat with minor conditions, stating that these conditions be resolved before being submitted to Council. Extended discussion followed with Mr. Sieb reiterating the definition of a Minor Plat being a combination of a preliminary and final plat together (going through the system once) . The requirements for a preliminary and final plat state that both require a plan of development for the property (tree surveys, ingress, egress, set backs, etc., totalling about 16 conditions). He stated again that he does not feel comfortable recommending approval of -any plat if he doesn't have enough information Commissioner Redford made a motion to approve Champs Lagoon, Lot 1, Block 1, Minor Plat. There was no second. Motion failed. Commissioner Stewart made a motion to deny Champs Lagoon, Lot 1, Block 1, Minor Plat. Commissioner Wheeler seconded the motion. Motion carried (4-1) with Commissioners Lowry, Wheeler, Tunnell, and Stewart voting in favor of denial. Commissioner Redford opposed. �A The Commission directed Mr., Sieb to place this item on the March agenda, even though the submittal deadline has passed, if the applicant chooses to resubmit. 12. General discussion concerning planning and zoning issues. A. Comprehensive Master Plan update. Planning Director Gary Sieb reviewed the fact that the consultant has- spoken with 35-40 people regarding the Comprehensive Master Plan to date. Mr. Sieb urged the Commission to fill out the questionnaire which was recently sent to all. members of Board and Commissions .as candidly as possible. Mr. Sieb stated that we are now fully staffed in the Planning Department. Pert Virtanen has been hired as. Assistant Director of Planning and Community Services and Isabelle Moro is the new Planning Coordinator. Mr. Sieb stated that the two Council Members charged with making a recommendation to Council with regard to filling the vacancy on the P&Z Commission have been reviewing applications submitted last August. Potential candidates have been asked if they are stillwilling to serve. It is hopeful that this vacancy can be filled prior to our March meeting. With nothing further to discuss, the meeting adjourned at 9:55 p.m. Marsha Tunnell, Chairman ATTEST: H. Jahod&, Administrative Secretary 8