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BM 1997-05-15 PZMinutes of May 15, 1997 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, May 15, 1997, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Commissioner Stan Lowry Commissioner Jack Jones Commissioner Angelo DeFilippo Commissioner Madge Cruse Also present were City Attorney Bob Hager, City Engineer Ken Griffin, Acting Fire Marshall Travis Crump, Planning Director Gary Sieb, Assistant Planning Director Pert Virtanen, Planning and Zoning Coordinator Isabelle Moro and Administrative Secretary Barbara Jahoda. Commissioners Andra Mabry and Rick McCaffrey were absent. PRE -SESSION (Open to the Public) 1. Briefing on the Agenda. REGULAR SESSION (Open to the Public) 2. Call to Order. Vice Chairman Stan Lowry called the meeting to order. 3. Election of new Chairman. Commissioner Cruse made a motion to elect Stan Lowry as the new Chairman to replace Larry Wheeler, who was elected to City Council. Commissioner Jones seconded the motion; motion carried (4-0) with Commissioners Jones, Lowry, Cruse and DeFilippo voting in favor. None opposed. 4. Election of new Vice Chairman. Commissioner Cruse stated that although Commissioner McCaffrey was not present, the Chairman indicated that Mr. McCaffrey has expressed an interest in the position of Vice Chair. Commissioner Cruse then made a motion to elect Rick McCaffrey as the new Vice Chairman to replace Stan Lowry. Commissioner DeFilippo seconded the motion; motion carried (4-0) with Commissioners Jones, Lowry, Cruse and DeFilippo voting in favor. None opposed. 5. Approval of Minutes dated April 17, 1997. Commissioner Cruse made a motion to approve the minutes of April 17, 1997, as written. Commissioner Jones seconded; motion carried (4-0) with Commissioners Jones, Lowry, Cruse and DeFilippo voting in favor. None opposed. 6. PUBLIC HEARING: To consider the approval of Case No. PD-157RR, Valley Ranch Plaza, zoning change for property zoned PD -C (Planned Development, Commercial) by amending the site plan of the 3,278 square foot drive-through restaurant to permit additional signage on the eastern elevation of the building, located at the southwest corner of Beltline Road and MacArthur Blvd. at the request of David E. Larsen and Associates. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that in the original Planned Development district for this McDonald's location, the building elevations showed no attached signage on the east face. He showed an exhibit of the proposed signage to the Commission. Staff recommends approval of the Site Plan amendment with a few minor improvements to the visual impression of the site. John Wendel, McDonald's Corporation, 511 E. Carpenter Freeway, Irving, TX, was present to represent this item before the Commission and answer any questions. Some discussion regarding the red plastic background on the monument sign followed. Mr. Wendel agreed to replace the red plastic with red brick -- the existing letters will remain. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak in favor of this request to come forward. There were none. Chairman Lowry then asked for people present who wanted to speak in opposition to this request to come forward. There were none. Chairman Lowry closed the Public Hearing. Commissioner DeFilippo made a motion to approve Case No. PD-157RR, Valley Ranch Plaza, zoning change for property zoned PD -C (Planned Development, Commercial) by amending the Site Plan of the drive-through restaurant to permit additional signage on the eastern elevation of the building, subject to the following conditions: (1) The "M" in McDonald's to be replaced with a letter in the same type style as the remainder of the word on the existing building sign. The new sign on the east side shall be identical. (2) 2 Place a solid gate at the entrance to the roof, painted the same color as the parapet and ground -level door. (3) The red plastic background of the existing monument sign will be removed and replaced with brick, a new yellow arch and new white letters. (4) The playground equipment be installed as it was approved. Motion was seconded by Commissioner Cruse; motion carried (4-0) with Commissions Jones, Lowry, Cruse and DeFilippo voting in favor. None opposed. At 7:56 p.m., Chairman Lowry called for an Executive Session pursuant to Section 551.071 of the Government Code -- consultation with City Attorney regarding Case No. PD -161, Stratford Manor. Open Session reconvened at 8:21 p.m. 7. PUBLIC HEARING: To consider the approval of PD -161, Stratford Manor, to change the zoning from A (Agriculture) to PD -SF -12 (Planned Development, Single Family -12) to allow the development of a 31 -lot residential subdivision on 15.1257 acres of property, located on the north side of DeForest Road, approximately 1000 feet east of MacArthur Boulevard, at the request of Dowdey, Anderson and Associates, Inc. Assistant Planning Director Pert Virtanen introduced the item to the Commission, showing an exhibit of the proposed 31 -lot Single Family -12 Planned Development on approximately 15 acres of property. He stated that Staff recommends approval, subject to the conditions listed in the Staff Report. Bill Anderson, Dowdey Anderson and Associates, Inc., 5225 Village Creek Drive, Suite 200, Plano, TX 75093, was present to represent this item before the Commission and answer any questions. Kip Allison, attorney for the prospective buyer, was also present. Mr. Anderson stated that some changes have recently been made to the concept, including the proposed gate facing DeForest Road, and recognizes that a 20 -foot strip, both on the east and west sides of the proposed development (no fill/no build tree buffer on lots with a wooded area) would be appropriate. Acknowledgment of this buffer strip would apply to the developer, the builder and the future home owner and would appear on the face of the plat. The developer also agrees to install a french drainage system in this area so that water would not be trapped in anyone's backyard. Extended discussion followed. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak in opposition of this request to come forward. Those in opposition: Jeanette Auerbach, 625 Cambridge Manor, Coppell, TX, representing the homeowners, gave an extended slide presentation. Approximately 30 people raised their hands to show their opposition to the project. Chairman Lowry then asked for people present who wanted to speak in favor of this request to come forward. 3 Jerry Edwards, 806 DeForest Road, Coppell, TX, part owner of property. More discussion followed, including comments from Travis Crump, Acting Fire Marshall, regarding the gate entrance off DeForest Road. It was brought to the Commission's attention that there were also people who wanted to express their opposition to the Preliminary Plat issue. City Attorney Hager advised the Commission to hear the comments now but to only address them during discussion of the platting issue. Only zoning related issues can be considered when discussing zoning changes. Continuing to speak in opposition with regard to elements of the zoning change were: Dr. Ivor Benjamin, 818 Kings Canyon, Coppell, TX, representing the homeowners. Richard Fleming, 1506 Ross, Carrollton, TX (30 -year property owner to the west of proposed development and very concerned about fill and the threat of water on his property because of the fill) . Chairman Lowry closed the Public Hearing. More discussion followed, including comments from Gary Sieb, Travis Trump, Chairman Lowry, Bill Anderson, Kip Allison, 464 Halifax, Coppell, TX. (Attorney for the prospective buyer) and Ken Griffin. City Attorney Hager made it clear that the 20 -foot buffer (easement) would be subject to FEMA making any alterations or requirements which the Federal Government may have with regard to this floodplain. Commissioner Cruse made a motion to approve Case No. PD -161, Stratford Manor, zoning change from A (Agriculture) to PD -SF -12 (Planned Development, Single Family - 12), subject to the following conditions: (1) Compliance with Engineering Department comments. (2) Compliance with Fire Department requirements. There shall be a standard 28 -foot public street connecting the Planned Development to DeForest Road (no gate will be allowed.) (3) A 20 -foot easement shall be dedicated on the east and west property boundaries on all lots having existing trees (as shown on the tree survey plan) . This easement will be a dedicated restrictive covenant that would provide the following wordage: No fill and no build on this 20 -foot easement. This statement must also be reflected on the Final Plat and in the Deed Restrictions and Covenants of the Homeowners Association. This Restrictive Covenant must be reviewed and approved by the City Attorney. This easement will also be designated and excluded by description of metes and bounds from any study, including FEMA. (4) Submission of standards for garage orientation to be the same as those employed on the Cambridge Manor development, subject to City Staff approval. (5) Landscape plans for the entrance on DeForest Road be consistent with the plans as shown to the P&Z Commission on May 15, 1997, by Bill Anderson, Dowdey, Anderson and Associates, Inc. Provide the screen wall elevation drawings to City Staff for approval. (6) Drainage be addressed during the developmental process. The motion was seconded by Commissioner Jones; motion 4 carried (4-0) with Commissions Jones, Lowry, Cruse and DeFilippo voting in favor. None opposed. Chairman Lowry called for a five-minute recess. The meeting reconvened at 11:15 p.m. 8. To consider the approval of Stratford Manor, Preliminary Plat, to allow the development of a 31 -lot residential subdivision on 15.1257 acres of property, located on the north side of DeForest Road, approximately 1000 feet east of MacArthur Boulevard, at the request of Dowdey, Anderson and Associates, Inc. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that the Preliminary Plat, as submitted by the applicant, does not conform with the Subdivision Ordinance and asked the Commission to disregard the recommendation of the Staff Report in light of the Commission's recommendation regarding Case No. P.D. 161, Stratford Manor zoning change. He then recommended that the Commission deny the Plat and ask the applicant to resubmit based on the Commission's recommendations for the Planned Development Site Plan. Bill Anderson, Dowdey Anderson and Associates, Inc., 5225 Village Creek Drive, Suite 200, Plano, TX 75093, was present to represent this item before the Commission and answer any questions. He respectfully requested approval of the Preliminary Plat based upon its conformity with the conditions placed on P.D. 161 and that it be forwarded to Council along with the zoning change request. Minor discussion followed. Commissioner Cruse made a motion to approve the Stratford Manor Preliminary Plat, subject to the following conditions: (1) Compliance with Engineering Department comments. (2) Compliance with Fire Department requirements. There shall be a standard 28 -foot public street connecting the Planned Development to DeForest Road (no gate will be allowed.) (3) A 20 -foot easement shall be dedicated on the east and west property boundaries on all lots having existing trees (as shown on the tree survey plan) . This easement will be a dedicated restrictive covenant that would provide the following wordage: No fill and no build on this 20 -foot easement. This statement must also be reflected on the Final Plat and in the Deed Restrictions and Covenants of the Homeowners Association. This Restrictive Covenant must be reviewed and approved by the City Attorney. This easement will also be designated and excluded by description of metes and bounds from any study, including FEMA. (4) Submission of standards for garage orientation to be the same as those employed on the Cambridge Manor development, subject to City Staff approval. (5) Landscape plans for the entrance on DeForest Road be consistent with the plans as shown to the P&Z Commission on May 15, 1997, by Bill Anderson, Dowdey, Anderson and Associates, Inc. Provide the screen wall elevation drawings to City Staff for approval. (6) Drainage be addressed during the developmental process. She stated that a revised Plat must be submitted to the City for forwarding on the Council for its June 10th meeting. Motion was seconded by Commissioner DeFilippo; motion carried (4-0) with Commissions Jones, Lowry, Cruse and DeFilippo voting in favor. None opposed. 5 9. PUBLIC HEARING: To consider the approval of White Glove Express Addition, Lot 1R, Block A. Preliminary Plat and Replat, to create a single lot to accommodate the existing car wash building, as well as to allow the development of a 1,705 square foot automobile oil change, lubrication and detail services facility on the property, located on the east side of Denton Tap Road, approximately 500 feet south of Braewood Drive, at the request of Macatee Engineering, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, showing an exhibit of the proposed site and stating that the amended S.U.P. for the oil lube and car detailing facility was approved by Council in December, 1996. She stated that Staff recommends approval of this Preliminary Plat/Replat, subject to changing the Site Plan site statistics to match the Landscape Plan site statistics. Lenny Poulsen, White Glove Express Carwash, Inc., 250 S. Denton Tap Road, Coppell, TX, was present to represent this item before the Commission and answer any questions. He acknowledged the inaccuracy of the square footage on the Site Plan vs. the Landscape Plan. This discrepancy will be corrected. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak in favor of this request to come forward. There were none. Chairman Lowry then asked for people present who wanted to speak in opposition to this request to come forward. There were none. Commissioner Cruse made a motion to approve the White Glove Express, Lot 1R, Block A, Preliminary Plat and Replat, subject to the following condition: (1) Change the Site Plan site statistics to match the Landscape Plan site statistics. Motion was seconded by Commissioner Jones; motion carried (4-0) with Commissions Jones, Lowry, Cruse and DeFilippo voting in favor. None opposed. 10. PUBLIC HEARING: To consider the approval of Case No. S -1090R. (CH), zoning change for property zoned LI-S.U.P. (Light Industrial, Special Use Permit) by amending the Special Use Permit to remove condition # 3 which states "Once the field has been discovered, all additional wells will be drilled no closer than 2,640 linear feet from each other." Assistant Planning Pert Virtanen introduced the item to the Commission, reviewing the S. U. P.'s for this drilling site and the one recently approved as the second drilling site. Upon approval of drilling the second Callejo gas well, Council asked that Staff generate a Called Hearing to amend Condition No. 3 of the Special Use Permit, striking the provision delineating the distance allowed between additional drill sites. Chairman Lowry opened the Public Hearing, asking for people present who wanted to 0 speak in favor of this proposal to come forward. Sanford Dvorin, operator of the gas well, Plano, TX. Jason Dvorin, Dallas, TX. Chairman Lowry then asked for people present who wanted to speak in opposition to this request to come forward. There were none. Chairman Lowry closed the Public Hearing. City Attorney Hager suggested that the amended language for Condition No. 3 be as follows: Once the field has been discovered, no additional wells will be drilled without obtaining a Special Use Permit. Commissioner Cruse made a motion to approve the amendment to the Special Use Permit for Case No. S-1090R(CH) with Condition No. 3 to read as follows: Once the field has been discovered, no additional wells will be drilled without obtaining a Special Use Permit. The motion was seconded by Commissioner DeFilippo; motion carried (4-0) with Commissioners Jones, Lowry, Cruse and DeFilippo voting in favor. None opposed. 11. To consider the approval of Walgreens, Final Plat, to allow the development of a 13,905 square foot retail store on 1.783 acres of property located at the northwest corner of Denton Tap Road and Parkway Blvd. at the request of Dowdey, Anderson and Associates, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, showing an exhibit of the proposed development. She stated that the Commission was granted Final Plat authority by City Council in April. Staff recommends approval, subject to the conditions listed in the Staff Report, revising Condition No. 1 to read as follows: The 24' access easement be deleted from the Final Plat and that Condition No. 4 be deleted (there are no Engineering comments for this project). Lynn Meyer, Dowdey Anderson and Associates, Inc., 5225 Village Creek Drive, Suite 200, Plano, TX, was present to represent this item before the Commission and answer any questions. Commissioner DeFilippo made a motion to approve the Walgreens, Final Plat, subject to the following conditions: (1) Delete the 24 -foot access easement reference on the Final Plat. (2) Correct the year reference in the City Secretary's signature block to 1997. (3) Delete from Site Plan Title Block the preliminary reference. The motion was seconded by Commissioner Cruse; motion carried (4-0) with Commissioners Jones, Lowry, Cruse and DeFilippo voting in favor. None opposed. 7 12. PUBLIC HEARING: To consider the approval of Zoning Ordinance text amendment revising Section 3 and adding a new Section 28A entitled "Historic Overlay District", to allow asphalt pavement by Special Use Permit, and to allow wood or similar siding on up to 100% of exterior construction by Special Use Permit in Old Coppell. Assistant Planning Pert Virtanen introduced the item to the Commission, showing an exhibit of the area and stating that this is the next -to -last of a series of zoning text amendments proposed by the C. 1. V. I. C. group which deals with old Coppell, specifically the establishment of a historic overlay district, whereby applicants could request a Special Use Permit to utilize asphalt pavement on-site for driveways and parking vs. concrete and also make it possible for an applicant to utilize frame materials on the exterior as opposed to the 80% masonry requirement. Staff recommends approval, although since the City Attorney has expressed some modifications to the proposed Ordinance, it may be appropriate to hold the Public Hearing open for further consideration. City Attorney Hager stated that further revisions needed to be made to the Ordinance to assure enforceability and recommended that the Public Hearing be continued to June 19th. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak in favor of this proposal to come forward. Steve Chadick, 2019 Northwood Terrace, Denton, TX, manager of his and his parents' property, questioned whether or not the use of Bridgeport stone was also being considered as a parking surface. Assistant Planning Director Pert Virtanen stated that very few cities allow crushed stone (unpaved) parking surfaces. If crushed stone is not included as an acceptable paving surface, Commissioner Cruse suggested that this issue be reflected in the Ordinance as to why it can't be considered an acceptable use. Chairman Lowry then asked for people present who wanted to speak in opposition to this request to come forward. There were none. Chairman Lowry made a motion to continue the Public Hearing until the June 19, 1997, Planning and Zoning Meeting. Commissioner Cruse seconded the motion; motion carried (4-0) with Commissioners Jones, Lowry, Cruse and DeFilippo voting in favor of continuance. 13. PUBLIC HEARING: To consider the approval of Zoning Ordinance text amendment revising Section 39 in its entirety, to establish site plan review procedures. Assistant Planning Pert Virtanen introduced the item to the Commission, stating that this Page 8 is the final text amendment to the Zoning Ordinance proposed by the C. 1. V. I. C. group. It proposes Site Plan review prior to a building permit being issued for construction. He stated that many other cities require Site Plan review. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak in favor of this proposal to come forward. There were none. Chairman Lowry then asked for people present who wanted to speak in opposition to this request to come forward. There were none. Commissioner DeFilippo made a motion to approved the amendment revising Section 39 to establish Site Plan review procedures. Commissioner Cruse seconded the motion; motion carried (4-0) with Commissioners Jones, Lowry, Cruse and DeFilippo voting in favor. 14. General discussion concerning planning and zoning issues A. Update on Council planning agenda actions Planning Director Gary Sieb briefed the Commission on the cases that have gone forward to Council. B. Director's comments There will be an appointment of a new Planning Commission member necessitated by Larry Wheeler's election to the City Council. Each Council member will review the applications on file from last year and will select two candidates and at the next City Council meeting, a decision will be made. This appointment will expire October 1st. With nothing further to discuss, the meeting adjourned at approximately 11:20 p.m. Stan Lowry, ATTEST: H. Jahoda, Administrative Secretary Page 9