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BM 1997-03-20 PZMinutes of March 20, 1997 PLANNING AND ZONING COMMSSION 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, March 20, 1997, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Commissioner Larry Wheeler Commissioner Stan Lowry Commissioner Jack Jones Commissioner Angelo DeFilippo Commissioner Madge Cruse Commissioner Rick McCaffrey Also present were City Attorney Bob Hager, City Engineer Ken Griffin, Graduate Engineer Atul Patel, 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. Commissioner Andra Mabry was absent. PRE -SESSION (Open to the Public) 1. Briefing on the Agenda. REGULAR SESSION (Open to the Public) 2. Call to Order. Chairman Larry Wheeler called the meeting to order. 3. Approval of Minutes dated February 20, 1997. Commissioner Lowry made a motion to approve the minutes of February 20, 1997, as written. Commissioner Jones seconded; motion carried (6-0) with Commissioners Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 4. PUBLIC HEARING: To consider the approval of Case No. S -1062R, Le Chalet, zoning change for property zoned C-S.U.P. (Commercial, Special Use Permit) by amending the Special Use Permit to allow the consumption of alcoholic beverages in a private club restaurant located in the Townoaks Centre at the southeast corner of Sandy Lake and Denton Tap Roads, at the request of Kasra Hashemi. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, stating that the applicant is asking to amend his Special Use Permit to permit the serving of beer and wine along with its French cuisine and extend the hours of operation to include dinner service. Staff recommends approval of this amendment. Kasra Hashemi, owner of Le Chalet Restaurant, was present to represent this item before the Commission and answer any questions. He stated that he has no intention of keeping the restaurant open late at night, except on special occasions, meaning 11 or 11:30 p.m. Chairman Wheeler opened the Public Hearing, asking for people present who wanted to speak in opposition to this request to come forward. There were none. Chairman Wheeler then asked for people present who wanted to speak in favor of this request to come forward. There were none. Chairman Wheeler closed the Public Hearing. Commissioner McCaffrey made a motion to approve Case No . S -1062R to amend its Special Use Permit to allow the consumption of alcoholic beverages in a private club restaurant with the following condition: The restaurant be open no later than 11 p.m. on weekdays and 12 midnight on Friday and Saturday nights. Motion was seconded by Commissioner Lowry. Motion carried (6-0) with Commissions Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 5. PUBLIC HEARING: To consider the approval of Case No. S -1124R. Nextel of Texas, Communications Antenna, zoning change from LI (Light Industrial) to LI- S.U.P. (Light Industrial, Special Use Permit), to allow the construction of a 120' monopole with three (3) omni whip antennas attached and a 200 square foot equipment cabinet at the base of the monopole on a 2,500 square foot site, located approximately 1,350' west of State Road and 1,819' south of Sandy Lake Road, at the request of Nextel of Texas, Inc. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that this proposed monopole site is midway between Royal Lane and State Road and approximately 1,850 feet south of Sandy Lake Road. He showed an aerial view of the surrounding area and other exhibits. He stated that this request conforms with the new requirements that have been proposed by the C . I . V . I . C . Committee and will be considered by City Council on the 25th in the form of a new section to the Comprehensive Zoning Ordinance dealing with communication towers. The recommendation of the C . I . V . I . C . group was that antennae be located at a 10:1 setback/height ratio relative to main thoroughfares. This results in locations which are 2 in remote areas where utilities and street pavement are less likely to be available. Staff recommends approval of this Special Use Permit, subject to Engineering and Fire Department recommendations and the three conditions as stated in the Staff Report. Sharon Horne of Capital Land Services appearing on behalf of Nextel of Texas, Inc., 1333 Corporate Drive, ##230, Irving, TX 75038, was present to represent this item before the Commission and answer any questions. She stated that the applicant is in agreement with Staff recommendations. Chairman Wheeler opened the Public Hearing, asking for people present who wanted to speak in opposition to this request to come forward. There were none. Chairman Wheeler then asked for people present who wanted to speak in favor of this request to come forward. There were none. Chairman Wheeler closed the Public Hearing. Commissioner Lowry made a motion to approve Case No. S -1124R, zoning change request from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), subject to the Site Plan, and the following conditions: (1) Applicant shall replace any landscape material it plants which does not survive. (2) Property owner shall dedicate right-of-way for the extension of Northpoint Drive. (3) Any electric utility extension to serve this project shall be underground if located within the right-of-way of Northpoint Drive or within 100 feet of the right-of-way of Northpoint Drive. City Attorney Hager stated that, for the record, the Engineering and Fire Department comments, including the maintenance of the roadway to support 40,000 pounds should be included in the motion. These comments were added. Motion was seconded by Commissioner Cruse. Ms. Horne asked for a clarification of the Engineering/Fire comments. She then stated that she was in agreement. Motion carried (6-0) with Commissions Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 6. PUBLIC HEARING: To consider the approval of Case No. S-1126, Tren-Tech Company, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the operation of a business within a residential structure on Commercial property, located at 828 Howell Drive, at the request of Ronald Jessen. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission showing exhibits of the proposal. She stated three businesses exist on Howell Drive, which is a residential neighborhood in a Commercial district. The applicant is a safety consultant to the construction industry, primarily to utility contractors and minimum vehicular traffic on Howell Drive is anticipated as most of the business is performed at the clients' relocations. Staff has suggested that the applicant apply for a special exception from the Board of Adjustment to reduce the required number of parking 3 spaces. Ms. Moro reviewed the responses of neighbors both opposed and in favor. Staff recommends approval of this Special Use Permit, subject to the conditions as stated in the Staff Report. Ron Jessen, owner of Tren-Tech, 838 Howell Drive, Coppell, TX, was present to represent this item before the Commission and answer any questions. He stated that anticipated hours of operation would be generally 8 a.m. to 4 p.m. but that he is not physically present at that location much of the time because about 99% of his work is done at the client's place of business. No one mans the business when he is not present. He anticipates improvements to the dwelling; i.e., new windows, new exterior paint, new front door, and stated that the yard will be maintained. Chairman Wheeler opened the Public Hearing, asking for people present who wanted to speak in opposition to this proposal to come forward. Rich Palone, 801 Howell Drive, Coppell, TX Chairman Wheeler then asked for people present who wanted to speak in favor of this request to come forward. Jacquelynn Parrish, 805 Howell Drive, Coppell, TX Vivian Checkley, 812 Howell Drive, Coppell, TX Chairman Wheeler closed the Public Hearing. Commissioner Cruse made a motion to approve Case No. S-1126, Tren-Tech, zoning change from C to C -S . U. P. , subject to the Site Plan and the following conditions: (1) Board of Adjustment granting a special exception to reduce the required number of parking spaces. (2) The driveway and parking lot to be 6" reinforced concrete pavement with 6" stabilized subgrade. (3) Hours of operation shall be limited from 8 a.m. to 6 p.m. weekdays. Motion was seconded by Commissioner DeFilippo. Motion carried (6- 0) with Commissions Mabry, Lowry, Jones, Wheeler, Cruse and DeFilippo voting in favor. None opposed. It was noted that the case will not be forwarded to Council until a favorable response has been obtained from the Board of Adjustment. 7. PUBLIC HEARING: To consider the approval of Case No. S-1127, AFE Oil & Gas Consultants, zoning change from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the drilling and production of natural gas on 42.3267 acres of property, located approximately 680' south of Corporate Park Blvd., along the east side of S.H. 121, at the request of Sanford and Jason Dvorin. Assistant Planning Director Pert Virtanen introduced the item to the Commission, showing exhibits of the proposal. He stated that Staff feels there are many issues to be resolved and recommends that this case be taken under advisement; however, if the Commission chooses to recommend approval, staff recommends that approval be subject to Engineering and Fire comments and the 13 conditions as stated in the Staff Report. n Jason Dvorin, AFE Oil & Gas Consultants, 5025 Arapaho Road, Suite 510, Dallas, TX 75248, was present to represent this item before the Commission and answer any questions. Sanford Dvorin, AFE Oil & Gas Consultants, was also present to answer questions. Discussion followed. Chairman Wheeler opened the Public Hearing, asking for people present who wanted to speak in opposition to this proposal to come forward. John Munn, 308 Bricknell, Coppell, TX Lynn Clark, 313 Bricknell, Coppell, TX Chairman Wheeler then asked for people present who wanted to speak in favor of this request to come forward. Robert Key, 204 Steamboat, Coppell, TX Extended discussion followed, including comments from Travis Crump, Acting Fire Marshall, who addressed the Fire Department comments. Chairman Wheeler closed the Public Hearing. Commissioner Jones made a motion to approve only the drilling (not production) of the well on Case No. S-1127, AFE Oil and Gas Consultants, zoning change from LI to LI- S.U.P., subject to the Site Plan, Engineering and Fire Department comments and the following conditions: (1) Drilling, limited to gas exploration only, to commence only after Callejo #1 successfully flow tests.(2) If the well is dry, the applicant will return the site to pre -well conditions. (3) The S.U.P. for Callejo #1 must be revised to remove the condition specifying that additional wells will be drilled no closer than 2,640 feet. (4) There will be on-site supervision of "gatherers" of liquids. (5) The route of ingress and egress of the facility will be as follows: with TxDOT approval, traffic will be allowed directly to and from State Highway 121, or to enter, traffic will be allowed from 121 east on Sandy Lake Road to the facility and to exit, traffic would go west on Sandy Lake Road. No access to the site will be permitted from Coppell Road. (6) Artificial light sources shall be shielded from the south and east. (7) Change of ownership of the property, change of operator of the facilities or violations of the special use permit or other ordinances of the City shall be cause for review by the Planning and Zoning Commission or City Council which may direct the Planning and Zoning Commission to call a public hearing to revoke the special use permit, and/or recommend other appropriate zoning. (8) Provision of an emergency preparedness plan which complies with applicable state and federal regulations. Motion was seconded by Commissioner Lowry. Motion carried (6-0) with Commissions Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. Note: A separate or amended S.U.P. will have to be sought before the production phase can begain. 5 The applicant needs to amend the S. U. P. for the tank batteries before the production phase can begin. A ten-minute break was observed. 8. PUBLIC HEARING: To consider the approval of Grand Car Wash Addition, A Second Replat of Riverchase Plaza, Phase I, Lots, B -D, to create a single lot that will allow the development of a 8,447 square foot car wash building and a 4,200 square foot detail building, as well as abandoning portions of an existing fire lane and an utility easement, on 3.775 acres of property, plus an additional lot for future retail development located at the southeast corner of MacArthur Blvd. and Riverchase Drive, at the request of ROFDW Architects. Assistant Planning Pert Virtanen introduced the item to the Commission showing exhibits of the proposal. Staff recommends approval of the Replat, subject to the Engineering Department recommendation attached to the Staff Report. Eugene Middleton, Winkelmann and Associates, Inc., 12800 Hillcrest Road, Suite 200, Dallas, TX 75230, was present to represent this item before the Commission and answer any questions, stating that the applicant will comply with the Engineering comment. There was minimal discussion relating to stained concrete. Chairman Wheeler opened the Public Hearing, asking for people present who wanted to speak in opposition to this proposal to come forward. There were none. Chairman Wheeler then asked for people present who wanted to speak in favor of this request to come forward. There were none. Chairman Wheeler closed the Public Hearing. Commissioner McCaffrey made a motion to approve the Grand Carwash, 2nd Replat of Riverchase Plaza, Phase I, Lots B -D, subject to the Engineering comment that the applicant provide information regarding stained concrete. The motion was seconded by Commissioner Cruse; motion carried (6-0) with Commissioners Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 9. To consider the approval of Georgian Place, Preliminary Plat, to allow the development of a 35 -lot residential subdivision on 9.48 acres of property, located at the southeast corner of Sandy Lake Road and Whispering Hills Drive, approximately 2,000 west of Denton Tap Road, at the request of Carter and Burgess, Inc. Assistant Planning Director Pert Virtanen introduced the item to the Commission, on showing exhibits of the proposal and stating that Council has granted a waiver of the alley requirement, allowing the subdivision to comply with the Subdivision Ordinance. The developer is proposing to deed a portion of the pipeline easement to the seven adjoining lot owners on Fieldcrest Loop. Staff recommends approval of the Preliminary Plat, subject to Engineering comments and the three conditions as listed in the Staff Report. Terry Mitchell, Carter & Burgess, Inc., 7950 Elmbrook Drive, #250, Dallas, TX 75247, was present to represent this item before the Commission and answer any questions, stating that the applicant is in agreement with Staff recommendations. Commissioner McCaffrey made a motion to approve the Georgian Place, Preliminary Plat, subject to the Engineering comments and the following conditions: (1) On the Final Plat, placement of the fence setback note on each affected lot and delineation of the actual fence setback line on Lots 8 and 9, Block B, to provide more of a front yard appearance opposite Lots 8-11, Block A. (2) Inclusion on the Final Plat of the standard disclosure statement pertaining to aircraft activity to and from DFW. (3) Submission of preliminary Homeowners Association documents by April 1, 1997, for City Attorney review. The motion was seconded by Commissioner Cruse; motion carried (6-0) with Commissioners Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 10. To consider the approval of Walgreens, Preliminary 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 Boulevard, at the request of Dowdey, Anderson and Associates, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, showing exhibits of the proposal. Since this building is located on TC (Town Center) property, its detailed Site Plan must be reviewed and approved by the Architectural Review Committee. The Committee has three concerns with the rendering and will work with the applicant prior to the April 8th City Council Meeting to develop a mutually agreeable design. Because this site is part of the City's primary image zone, certain standards must be met with regard to plant material as stated in the Subdivision Ordinance which states that a minimum of 40 percent of the street trees should be Cedar Elms. The applicant needs to increase the number of Cedar Elms along Denton Tap Road. Staff recommends approval of the Preliminary Plat, subject to the 7 conditions as stated in the Staff Report, although one additional condition needs to be added concerning working out an acceptable design by the applicant and the Architectural Review Committee prior to the April 8th Council Meeting. Bill Anderson, Dowdey, Anderson & Associates, Inc., was present to represent this item before the Commission and answer any questions. He stated that the eight conditions will be honored. Commissioner Cruse made a motion to approve the Wallgreens Preliminary Plat, subject to the following conditions: 1) Correct title block reference from Final Plat to OA Preliminary Plat. 2) Revise signature blocks. 3) A minimum of 40% of the trees along Denton Tap Road to be Cedar Elms. 4) Obtain a favorable recommendation from the Town Center Architectural Review Board. 5) Use standard State of Texas Real Estate Form for Fire lane, Access and Drainage Easement document which has the metes and bound description, signature block for property owner and notary and an exhibit. 6) Show locations of fire hydrants on Site Plan. 7) Compliance with Engineering comments. 8) The design change on the architectural rendering be acceptable to the Architectural Review Board prior to the April 8th City Council meeting. 9) Height of the light poles be limited to 30 feet. The motion was seconded by Commissioner DeFilippo; motion carried (6-0) with Commissioners Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 11. To consider the approval of Stoneleigh at Riverchase. Final Plat, to allow the development of a 360 -unit apartment complex on 20.5 acres of property, located along the south side of Riverchase Drive, approximately 650' east of MacArthur Blvd., at the request of Nathan D. Maier Consulting Engineers, Inc. Planning and Zoning Coordinator Isabelle Moro introduced the item to the Commission, reiterating the history of the platting process. She stated that the Board of Adjustment has granted a special exception to reduce the number of parking spaces from the required 912 to 830, as well as a variance to allow two 36 -cubic yard trash compactors in lieu of the required 12 six -cubic yard dumpsters. The apartment management will be curbside trash pick-up three times per week, which should reduce both the odor and noise potential. She also mentioned the memo from the City Manager to Gary Sieb informing him that D . A . R. T. has submitted a proposal that would allow the crossing at Fairway Drive, which was included in the Commission packets (copy attached) . If the Commission feels comfortable with the information pertaining to the Development Agreement regarding D . A. R. T. , Staff would recommend approval of the Final Plat, subject to the conditions as stated in the Staff Report. Mike Daniel, Nathan D. Maier Engineers, 8800 North Central Expressway, Dallas, Texas, was present to represent this item before the Commission and answer any questions. A safety question was raised as to whether or not a fence would separate the back property from the railroad. Mr. Daniel replied that a living screen will be used and there was no concern about children being able to get to the tracks. Commissioner Lowry made a motion to approve the Stoneleigh at Riverchase, Final Plat, subject to the Engineering comments and the following conditions: (1) Submission of an Irrigation Plan prior to filing the plat with the County. (2) The building elevations being approved by the Riverchase Architectural Review Committee. The motion was seconded by Commissioner Cruse; motion carried (6-0) with Commissioners Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 12. PUBLIC HEARING: To consider the approval of a Zoning Ordinance text amendment revising Section 34-1-7, paragraph (B), to increase the minimum size of a newly planted tree from 2" caliper to 3" caliper. Assistant Planning Director Pert Virtanen introduced the item to the Commission, stating that this is the second recommendation of the Committee to Improve the Visual Image of Coppell (C . I . V . I . C .) relating to the minimum tree caliper size that is planted on developed property. He emphasized that this amendment does not affect single family homes or individual lots. Chairman Wheeler opened the Public Hearing, asking for people present who wanted to speak in opposition to this proposal to come forward. There were none. Chairman Wheeler then asked for people present who wanted to speak in favor of this request to come forward. There were none. Chairman Wheeler closed the Public Hearing. Commissioner McCaffrey made a motion to approve the Zoning Ordinance text amendment revising Section 34-1-7, paragraph (b), to increase the minimum size of a newly planted tree from 2" caliper to 3" caliper. The motion was seconded by Commissioner DeFilippo; motion carried (6-0) with Commissioners Lowry, Jones, Wheeler, Cruse, DeFilippo and McCaffrey voting in favor. None opposed. 13. 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. Planning Commission training session Planning Director Sieb felt that the COG training session held on Saturday, March 1st, was good and was attended by most Commission members with the exception of Commissioners Cruse and Mabry. He asked that if any evaluation sheets were not turned in, to please give them to Gary for forwarding to COG. C. Director's comments The City has three candidates running for Mayor and four candidates running for three seats on the Council, one of whom is Planning and Zoning's Chairman Wheeler. Elections will be held in May. With nothing further to discuss, the meeting adjourned at approximately 10:40 p.m. Larry H. Jahoda, Administrative Secretary 0