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BM 1999-08-19 PZMinutes of August 19, 1999 PLANNING AND ZONING COMMISSION The Planning and Zoning Commission of the City of Coppell met in pre -session at 6 p.m., and in regular session at 6:30 p.m., on Thursday, August 19, 1999, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chairman Stan Lowry Vice Chairman Rick McCaffrey Commissioner Texx Stewart Commissioner Anna Kittrell Commissioner Jon Nesbit Commissioner Drew Halsey Commissioner Greg McGahey Also present were Assistant City Engineer Mike Martin, City Attorney Bob Hager, Attorney David Dodd, Fire Marshal Travis Crump, Planning Director Gary Sieb, City Planner Isabelle Moro and Sr. Administrative Secretary Barbara Jahoda. PRE -SESSION (Open to the Public) 1. Briefing on the Agenda. Staff briefed the Commission on the cases. REGULAR SESSION (Open to the Public) 2. Call to Order. Chairman Stan Lowry called the meeting to order. 3. Approval of Minutes dated July 15,1999. Commissioner Kittrell made a motion to approve the minutes of July 15, 1999, as written. Commissioner McCaffrey seconded; motion carried (6-0-1) with Commissioners Nesbit, McGahey, Kittrell, McCaffrey, Halsey and Stewart voting in favor. None opposed. Chairman Lowry abstained because he was absent last month. 4. PUBLIC HEARING: Consider approval of Case No. S-1164, J'Donuts, zoning change request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow the operation of a 1,195 square foot doughnut shop located at 110 W. Sandy Lake Road, at the request of Sungtae Jeon. Planning Director Gary Sieb introduced the item to the Commission, showing exhibits of the proposal, stating that the proposed internal neon sign will be lit only when the shop is open and stating staff recommends approval of this request, subject to the conditions outlined in the Staff Report. John Buchanan, Contractor, 3401 W. Airport Freeway, Irving, TX, was present to represent this item before the Commission and answer any questions, stating that the staff comments are acceptable to the applicant. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. Chairman Lowry closed the Public Hearing. No discussion followed. Commissioner Nesbit made a motion to approve Case No. S-1164, J'Donuts, subject to the following conditions: 1) Hours of operation are 5 a.m. to 12 noon, seven days per week. 2) Grease trap meets building standards. Commissioner McGahey seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 5. PUBLIC HEARING: Consider approval of Case No. S-11238, AT&T Wireless Services, zoning change request for property zoned LI-S.U.P. (Light Industrial, Special Use Permit), to allow a 20' extension of a preexisting 75' -high AT&T monopole and to accommodate the collocation of antennas on property located at 200 E. Beltline Road, at the request of AT&T Wireless Services. Planning Director Gary Sieb introduced the item to the Commission, showing exhibits of the proposal, stating the existing monopole, which cannot be seen from the street, is located behind the Shake and Shingle location north of Beltline Road. He stated that when this case was originally heard in 1997, neighbors in the Creekview Addition voiced some concerns but if there is no concern from this neighborhood this time around, staff recommends approval of this request, subject to the Site Plan submitted. 2 Bill Bauman, 5501 LBJ, Suite 200, Dallas, TX, was present to represent this item before the Commission and answer any questions. He showed a photo taken from the alleyway (the only spot he could see in the Creekview neighborhood that had a view of the present tower) and then showed a photo with an enhanced computer image of the tower showing a 20' extension. He noted that all the homes in Creekview have 6' to 8' privacy fences and there's also an 8' subdivision screening wall south of the alley. He stated that of the homes that have second stories, he noticed no windows facing in the direction of the tower. Mr. Bauman indicated that the 20' height extension is needed for two reasons: (1) to enhance AT&T's mobility coverage, which is suffering in this area and (2) soon, a fixed wireless service will be coming to Coppell whereby citizens can use AT&T local service in their homes. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. Chairman Lowry closed the Public Hearing. Commissioner Stewart asked whether or not there's been concerns relative to maintenance at the bottom of the tower. Gary Sieb volunteered that typically, the high weed ordinance would be applied to the owner of the property, who is Shake and Shingle in this instance. Commissioner Stewart made a motion to approve Case No. S-11238 AT&T Wireless Services, subject to the Site Plan submitted. Commissioner McCaffrey seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 6. PUBLIC HEARING: Consider approval of Case No. S-1166, Park 'N Fly, zoning change request from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the placement of an underground storage tank and a gas dispenser on property located at 800 S. Royal Lane, at the request of Nesco. Planning Director Gary Sieb introduced the item to the Commission, showing exhibits of the proposal, stating that the only facility above grade is the 4 1/2' tall gas dispenser, protected by four bollards. Mr. Sieb stated that sale of gas to the general public will not be offered. He then stated that staff recommends approval of this Special Use Permit, subject to two conditions relative to abiding with both the Site Plan and the Fire Department comments, which were read into the record. The applicant was not present to represent this item before the Commission. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. 3 Chairman Lowry closed the Public Hearing. No discussion followed. Commissioner McCaffrey made a motion to approve Case No. S-1166, Park N Fly, subject to the following conditions: 1) Abide by the Site Plan exhibit shown to the Commission on 8/19/99. 2) No fuel dispensing activities within 15 feet of buildings or combustible materials nor within 25 feet of building openings, property lines, streets, alleys or public ways. Commissioner Nesbit seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 7. PUBLIC HEARING: Consider approval of Case No. S-11671, Nextel Communications, Inc., zoning change request from LI (Light Industrial) to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the construction of an 80' -high monopole with a 200 square foot equipment cabinet at the base of the tower on property located approximately 828' north of Beltline Road and 230' west of the Elm Fork of the Trinity River, at the request of McDonald Associates. City Planner Isabelle Moro introduced the item to the Commission, showing exhibits of the proposal, stating the proposed site is north of the existing concrete batch plant and the applicant will extend the fire lane north to the site, providing a hammerhead turnaround. She stated a 200 square foot exposed aggregate accessory cabinet structure will be at the base of tower. Ms. Moro showed a sample of the brick which will be used on the 8' masonry wall that will screen the entire area and described the landscaping adjacent to this wall. She then stated that typically, staff encourages wireless communications applicants to collocate on existing towers; however, since this site is approximately 2,500 feet south of the nearest residential development (The Fairways at Riverchase) and the applicant has proven there are no towers in the vicinity -- the closest being approximately 4,000 feet south of this site, staff supports the construction of a new tower and recommends approval, subject to the conditions outlined in the Staff Report. She also mentioned that the applicant has provided a notarized statement indicating that they will support collocation of future antennae on this tower. Some discussion centered around the irrigation of the landscaping, why this applicant doesn't need to provide a brick veneer cabinet, as was required in another recent case, and whether or not there was concern from the Fire Department relative to the hammerhead turn. Ms. Moro replied that sufficient irrigation will be provided, explained that since this structure is located in a remote area and cannot be seen from Beltline Road, staff feels the exposed aggregate is sufficient, and the Fire Department's concern was that the fire lane could not be in the floodplain. 4 Brenda McDonald, McDonald Associates, 8333 Douglas Avenue, Suite 900, Dallas, TX, 75225, was present to represent this item before the Commission and answer any questions, stating that this site is very remote, being located behind commercial buildings and the cement plant and explaining that the ordinance requires a 6' security fence and the applicant is proposing an 8' brick masonry wall around the exposed aggregate structure. She added the landscaping being provided includes 7 Live Oak trees where no landscaping exists today. Ms. McDonald indicated agreement with the staff comments. A question was raised as to why the use of exposed aggregate? Ms. McDonald stated that this is a standard prefab equipment cabinet, adding that this 10' tall cabinet will be located behind a solid 8' brick screening wall and, in her opinion, will not be visible. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. Chairman Lowry closed the Public Hearing. Chairman Lowry expressed his opinion that because of the remote location of this facility, he's very comfortable with the use of exposed aggregate vs. brick veneer on the outside of the cabinet and expressed approval of the 8' brick screening wall. There was consensus amongst the Commissioners. Commissioner Halsey made a motion to approve Case No. S-1167, Nextel Communications, Inc., zoning change request from LI to LI-S.U.P., subject to the following conditions: 1) Submittal and approval of a color board showing all exterior building materials. 2) Submittal of an Irrigation Plan prior to Council approval. 3) Compliance with Engineering Department comments as follows: No fill or improvements will be allowed in the floodplain without a flood study being submitted and approved. Commissioner Stewart seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 8. PUBLIC HEARING: Consider approval of Case No. PD -14984 Vistas of Coppell, Phase 1A, zoning change for property zoned PD149-SF-7 (Planned Development 149, Single Family -7) by amending the planned development conditions as they apply to Lot 33, Block N, to permit a reduction in the side fence setback line from 15 feet to 5 the street right-of-way for property located at 518 Waterview Drive, at the request of James Hu and LingLing Zhang. City Planner Isabelle Moro introduced the item to the Commission, showing exhibits of the existing fence, stating that the applicant claims no knowledge that his fence line is in violation of City codes. She added that staff has difficulty supporting this request for a variance to the 15' fence setback because it violates the Plat, the conditions of the PD, as well as the Homeowners Association deed restrictions. Because this is a corner lot, Ms. Moro went on to state that this fence obstructs the visibility at the intersection of the alley and Bella Vista Drive. She stated that another reason for concern is street side appearance because of the houses facing both Bella Vista and Waterview Drive. She went on to say that the fence at its present location encroaches both on public open space, as well as sight visibility, which is a public safety concern. Ms. Moro then added that in the last few years, staff has attempted to insure the designs of the newer subdivisions adequately addressed fence locations, as was done in this Planned Development. She stated that although staff is sensitive to the personal circumstances involved with this request (a sick family member and the need to grow medicinal herbs in his side and rear yards), staff recommends denial of this request, citing both the public safety concern and urban design concerns. Ms. Moro added that staff recommends the applicant move his fence back to observe the 15' fence set- back line, which would still allow adequate area for the applicant to grow the herbs. Chairman Lowry referred back to the comment that the applicant had no knowledge of the fence regulations and asked whether or not City staff was ever contacted about regulations prior to the installation of the fence. Ms. Moro stated that to her knowledge, no, this applicant had not contacted staff. Chairman Lowry then asked whether or not staff had reviewed the HOA deed restrictions and Ms. Moro answered, yes, when a subdivision comes forward by Final Plat, staff reviews the document and it is forwarded to the City Attorney for review and approval. She stated that staff retains a draft copy in the file. Chairman Lowry then advised that if the Commission/City Council were to look favorably upon this variance application, it would still be in violation with the HOA deed restrictions, adding that it could act independently to have this fence line moved back. Ms. Moro agreed. Chairman Lowry then mentioned receiving a voice -mail message at home from a woman who was in opposition to this request. He asked if staff had received any phone calls and Ms. Moro stated that one neighbor called to say that she also had a corner lot and was well aware of the fence -line restrictions and wondered why Mr. Hu's fence was at its present location. She mentioned that the majority of the phone calls received were inquiries as to what was happening. Chairman Lowry then asked questions regarding the line of sight and the visibility issue. He then posed the question whether or not a decorative fence could be used in lieu of a solid wooden fence at corner lots. Ms. Moro stated that she did not believe this was allowed in the deed restrictions, but that she would check. Additional discussion followed about the visibility issue. Commissioner Kittrell asked whether or not the HOA had commented on this request. Ms. Moro replied no. Commissioner McGahey inquired how far in violation is this fence line? Ms Moro stated that it is 15' in violation, meaning that the fence is currently at the property line and the required fence line is at the 15' building line. 2 James Hu, homeowner of 518 Waterview, Coppell, TX, was present to represent this item before the Commission and answer any questions. Juan Carlos Trimino, (co-worker of Mr. Hu) 3000 Lake Drive, Southlake, TX, was also present. Mr. Trimino stated that a stop sign exists at the intersection of Bella Vista Drive and Waterview so visibility would not be an issue -- if you run a stop sign, you are in violation of the law. He asked for a visibility study of the area. Mr. Trimino then brought up the fact that there are other fences in the neighborhood that are in the same location and why is Mr. Hu's the only one in violation of a City ordinance? He asked whether or not the City has two standards -- does it look the other way when a builder builds a fence in clear violation of the City ordinance? City Attorney Hager interrupted stating that this is the only case before the Commission at this time and the other fence violations will be addressed as they come up for enforcement problems. He requested that the Commission stay focused on why the setbacks need to be changed on this property. Chairman Lowry reiterated this opinion to both Mr. Hu and Mr. Trimino, stating that if there are other violations in the neighborhood that the City staff has become aware of, those will be handled separate and apart from this evening, meaning that the Hus are not being treated any differently from anyone else. He went on to state that code enforcement mechanisms are in place to deal with these issues in this development, as well as other areas of the City. Mr. Hu stated that he just followed the line of the other fences on his street that were already in place. He feels that his neighbors have passed City inspection without a permit, but because he built his fence, he was told that he needs a special permit, reiterating that all of his neighbors are in violation of the City ordinance. He feels that everyone should be made to follow the rules and regulations. Mr. Hu feels that this is unequal enforcement of the law! City Attorney Hager again said that the present issue is that Mr. Hu wants to change the requirements of this subdivision as they apply to his lot to move the 15' setback requirement to the property line, acknowledging that there is a code enforcement problem in the neighborhood. Mr. Hu stated that he has a very ill family member and they want to help him. Chairman Lowry asked what is particular on Mr. Hu's lot that makes him feel that he needs to change the requirements. Mr. Trimino answered that Mr. Hu has a 16 -month old son and he would like to build a play structure for him and if the fence were placed where it is supposed to go, it would not provide enough space for the play equipment because most of the open area is on the sides of the house, not in the back. He wants enough yard space to grow Chinese medicinal herbs, as well as provide room for his son to play in a safe environment. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. Chairman Lowry closed the Public Hearing. Additional discussion centered around the setback from the alley pavement, corner lots, in general, safety and visibility issues for the subdivision due to the curvature of the street, safety for the children relative to school bus stops in the area, making other residents comply with the fence rules and regulations, etc. Mr. Sieb gave a brief history of the corner lot issue in this City, stating that staff wanted larger properties for corner lots and builders were adamantly opposed to this suggestion; consequently, fence lines/building lines were 7 specified. He stated that basically, corner lots have two front yards. He said that one is allowed to be 15', not 25', and he feels that a compromise has been reached. He said that he feels strongly that this PD condition needs to be enforced. Commissioner McGahey made a motion to deny Case No. PD -1498, Vistas of Coppell, Phase 1 A. Commissioner Stewart seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor of denial. None opposed. 9. PUBLIC HEARING: Consider approval of Case No. PD -12083, Waterside Estates, No. 2, zoning change for property zoned PD -120, SF -9 (Planned Development 120, Single Family -9) by amending the planned development conditions as they apply to Lot 8, Block D, to change a 25' front building line to a 15' side building line for property located at 902 Spyglass Cove, at the request of Sammy and Patsy Thornton. City Planner Isabelle Moro introduced the item to the Commission, showing an exhibit of the proposal, stating that a similar request by this applicant was reviewed in May of this year, reminding the Commission that it recommended that the building setback be reduced to 15' and the fence be allowed to be placed 5' from the side property line to allow the construction of a pool at this site. Ms. Moro stated that the applicant is requesting to move the building line from the 25' building line to the 15' setback building line approved years ago by the Board of Adjustment. She stated that staff has no problem with this requests but asks that this also be a fence line and that the existing wrought -iron fence be retained at its current location. Ms. Moro suggested that the Commission get affirmation from the applicant as to this request. If, indeed, that is the case, Ms. Moro stated that staff recommends approval of the amendment, subject to the conditions outlined in the Staff Report. She also advised that although the Commission had recommended approval of the previous case, Council denied it because there were some discrepancies reported during the Planning and Zoning Commission meeting and City Council deliberations regarding the construction of a pool and the fence location. Charles Thornton, (son of the applicant) 764 Greenway Drive, Coppell, TX, was present to represent this item before the Commission and answer any questions. Some discussion followed relative to the reason for this request. Commissioner Halsey asked whether or not the applicant wants the fence moved. Mr. Thornton hedged on this issue. He stated that the request this evening is to move the building line, stating that the fence was never an issue. Commissioner Stewart stated that he was uncomfortable with not knowing the reasoning for this request, given the fact that this is a decorative -metal fence and whatever goes behind this fence will be intrusive on the neighborhood. He stated that if it was for a pool or playground equipment, he would not have a problem with it; however, if the purpose was to build a storage shed or something similar, he would have a problem. There was consensus from others on the Commission. City Attorney Hager stated that the reason for building lines is to require homes, permanent structures go behind that line for a variety of health, safety and welfare reasons and if that line is extended out, that extends the buildable pad area which could include whatever. He suggested asking the applicant to explain the reasoning for his request. The Commission stated being uncomfortable with 8 this request, not knowing what is planned for the property. Mr. Thornton stated that his father would like the freedom of building a pool or not building a pool. He doesn't want to be locked into anything right at this moment. Ms. Moro interjected that any building in the backyard would have to be approved by their Homeowners' Association Architectural Review Board. It was the consensus of the Commission that they would like to see what is proposed for this backyard before recommending approval of this request, whether it be a swimming pool or other use, primarily because of the type of fencing on site. Commissioner McGahey made a motion to deny Case No. PD -120R3, Waterside Estates, No. 2. Commissioner Nesbit seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor of denial. None opposed. Chairman Lowry stated the Commission could be inclined to recommend approval of this case in the future if there was a valid reason to amend the Planned Development conditions. A ten-minute break was observed. 10. PUBLIC HEARING: Consider approval of Case No. PD -179 Deforest Court, zoning change request from A (Agriculture) to PD -SF -12 (Planned Development, Single Family -12), to allow the development of a 17 -lot residential subdivision with common areas on approximately 8.4 acres of property located at 703 DeForest Road, at the request of Halff Associates, Inc. Planning Director Gary Sieb introduced the item to the Commission, showing exhibits of the proposal, giving a brief history of a portion of this property. Mr. Sieb then stated that staff recommends approval of this request, subject to the conditions outlined in the Staff Report, with the addition of a condition relative to DeForest Road needing to be elevated above the 100 -year Flood Plain elevation. Some discussion centered around the flood plain area on Lot 20X and whether or not the HOA would be responsible for maintaining the open areas. Mr. Sieb replied in the affirmative. Commissioner McGahey asked whether or not consideration has been given by staff relative to the congestion associated with the residential development along DeForest Road. Mr. Sieb stated that as far as traffic generation itself, staff has no concern; however, there is concern about the elevation of the existing street, stating that DeForest Road will be taken out of flood plain. He then mention that there are three ways to exit the area -- Allen Road, Lake Forest Drive and MacArthur Boulevard. Kelly Jordan, 308 Park Meadow Way, Coppell, TX 75019, was present to represent this item before the Commission and answer any questions, stating that he is in agreement with staff conditions. He then addressed the 600' cul-de-sac length. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. 9 Chairman Lowry closed the Public Hearing. No discussion followed. Commissioner Halsey made a motion to approve Case No. PD -179 DeForest Court, zoning change request from A to PD -SF -12, subject to the following conditions: 1) Recommend to Council that they waive the 600' cul-de-sac length limit. 2) Show dimensions of all lots on all exhibits. 3) List all PD conditions on plans including: "landscaping shall be as shown on landscaping plan approved with this proposal". 4) Need side and rear yard setbacks (8 feet and 20 feet respectively) and state on all exhibits. 5) Departmental comments be addressed (see Fire and Leisure Services comments, attached as Exhibits A&B). 6) The $1,285 per lot park land dedication fee be paid. 7) Provide a notation on all exhibits that lots 1 X, 19X, and 20X are common areas to be maintained by an HOA. 8) DeForest Road will need to be elevated above the 100 -year Flood Plain elevation. Commissioner Kittrell seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 11. PUBLIC HEARING: Consider approval of the DeForest Court, Replat of Lots 1 and 2 of the Nettie Lona Addition, to allow the development of a 17 -lot residential subdivision with common areas on approximately 8.4 acres of property located at 703 DeForest Road, at the request of Halff Associates, Inc. Planning Director Gary Sieb introduced the item to the Commission, stating that staff recommends approval of this request, subject to the conditions outlined in the Staff Report, adding a condition relative to DeForest Road needing to be elevated out of the 100 -year flood plain. Kelly Jordan, 308 Park Meadow Way, Coppell, TX 75019, was present to represent this item before the Commission and answer any questions, stating that he is in agreement with staff conditions and stating that the elevation of DeForest Road will be taken care of. 10 Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. Chairman Lowry closed the Public Hearing. No discussion followed. Commissioner Kittrell made a motion to the DeForest Court, Replat of Lots 1 and 2 of the Nettie Long Addition, subject to the following conditions: 1) Eliminate "Final Plat Of' from replat title block. 2) Removal of the Nettie Long Addition Lot 2 dashed lot line from the replat document. 3) Provide page and volume notation on the plat document. 4) Show all setback lines (side and rear) on all lots. 5) Show the floodplain line on the replat. 6) Abide by Engineering comment as follows: No improvements will be allowed in floodplain without an approved flood study. 7) Acknowledge that plat cannot be filed until Homeowners Association agreement has been reviewed/approved by the City Attorney. 8) DeForest Road will need to be elevated above the 100 -year Flood Plain elevation. Commissioner McGahey seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 12. PUBLIC HEARING: Consider approval of the Park West Commerce Center, Reulat of Lot 1R-2, Block 2 and Site Plan, to allow the development of a 291,285 square foot office/warehouse facility to be built in two phases on approximately 16.2 acres of property located along the north side of Airline Drive, approximately 2,100' west of Beltline Road, at the request of Meinhardt and Quitana Architects, Inc. Planning Director Gary Sieb introduced the item to the Commission, showing exhibits of the proposal, including a color board, stating that he will address the Site Plan aspect of this proposal first. Mr. Sieb stated that the first phase would be approximately 135,000 square feet of office/warehousing and when phase two comes on line, an additional 156,000 square 11 feet of warehousing will be built. He then addressed the conditions relative to the Site Plan as listed on the Staff Report and stated that staff recommends approval. Chairman Lowry asked City Attorney Hager to explain the tree mitigation issues. Mr. Hager stated that there is a provision in the ordinance that allows 50% credit and the applicant is requesting 100% credit. He stated that there is no provision for a variance by the Planning Commission or by City Council in this case, although the Leisure Services Department and the City Manager under the implementation of the ordinance could address this request. David Meinhardt, Meinhardt/Quintana, 14900 Landmark Boulevard, Suite 650, Dallas, TX 75240, was present to represent this item before the Commission and answer any questions, addressing staff conditions. Regarding the Tree Ordinance, Mr. Meinhardt said that the applicant is being asked to mitigate approximately 219 caliper inches and with the addition of 65 3 -inch caliper trees, they would like to meet this mitigation requirement on site. If they need to ask for a variance either from the Board of Adjustment or Leisure Services, they are prepared to do so. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. Chairman Lowry closed the Public Hearing. Discussion followed regarding the colors for the monument sign, the tree mitigation concerns, the materials planned for the planter islands, the green vinyl chain-link fence, the color board, the waiver of the sidewalks, etc. City Attorney Hager stated that perhaps the City could enter into an appropriate development agreement with the applicant to pay the fee and talk about using them to do the reforestation of the area since part of the ordinance is not just to reforest your own property but to reforest the area. He said that taking down a tree not only affects your property, but also affects your neighbor's property. Mr. Hager volunteered to explore with the applicant the mechanism to get them to where they need to be and live with the spirit of the ordinance. Commissioner McCaffrey made a motion to approve the Park West Commerce Center, Site Plan, subject to the following conditions: 1) Compliance with Leisure Services tree mitigation memo (attached as Exhibit C). 2) Monument sign will comply with code with matching backgrounds (gray field with black die -cut letters). 3) The vinyl coated chain link fence will be green. 4) Approval of color board as submitted. 5) Show minimum distance of landscape buffer at property lines. 12 6) Each planting island to contain a minimum of 150 square feet of landscape area, with one Cedar Elm tree and appropriate under -story planting materials as recommended on the City's Plant Palette and as approved by the Leisure Services Department. 7) All plans should show proposed sidewalks or as waived by the City Engineer. Commissioner Halsey seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. Regarding the Replat request, Mr. Sieb stated that staff recommends approval, subject to the condition listed on the Staff Report, adding a condition relative to fire lanes being added to the existing platted parcel. Commissioner McCaffrey made a motion to approve the Park West Commerce Center, Replat of Lot 1R-2, Block 2, subject to the following conditions: 1) Utility easements being placed on the plat as determined by TXU. 2) Fire lanes to be added to the existing platted parcel. Commissioner McGahey seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 13. PUBLIC HEARING: Consider approval of the Northlake 635 Business Park, Lot 2R, Block D, Replat and Minor Plat (McCollister's Moving & Storage, Inc.), to allow the construction of a 26,000 warehouse addition and the development of 40 parking spaces and 21 truck parking spaces on property located at 1303 Crestside Drive, at the request of Halff Associates, Inc. City Planner Isabelle Moro introduced the item to the Commission, showing an exhibit of the proposal, stating that Council recently approved a Site Plan amendment on this site. Ms. Moro then stated that staff recommends approval of this request, subject to the conditions outlined in the Staff Report. Todd Abbott, Halff Associates, Inc., 8616 Northwest Plaza. Drive, Dallas, TX 75225, was present to represent this item before the Commission and answer any questions, stating that the applicant is in agreement with staff comments. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. 13 Chairman Lowry closed the Public Hearing. No discussion followed. Commissioner Nesbit made a motion to the Northlake 635 Business Park, Lot 2R, Block D, Re plat and Minor Plat (McCollister's Moving & Storage, Inc.), subject to the following conditions: 1) Moving the curve data outside the plat drawing. 2) Submit blackline prints on white paper instead of bluelines for the next submittal. 3) The 13 foot TP&L easement must remain free and clear of all obstructions Commissioner McGahey seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 14. PUBLIC HEARING: Consider approval of Case No. S-111OR2(CH), PCS PrimeCo Wireless Communications Antenna and Cabinet, a Called Hearing to change the zoning from LI-S.U.P. (Light Industrial, Special Use Permit) to HC-S.U.P. (Highway Commercial Special Use Permit) for 493 square feet of property located along the south side of Fritz Drive, approximately 1,346' east of Royal Lane. City Planner Isabelle Moro introduced the item to the Commission, stating that this staff - initiated Called Hearing is to correct an administrative error in the advertisement of the initial Special Use Permit request. She stated that changing the zoning to Highway Commercial, Special Use Permit, would restore the underlining zoning of this 493 square foot site to mirror the City's official zoning map. Ms. Moro then stated that staff recommends approval of this request. Chairman Lowry opened the Public Hearing, asking for people present who wanted to speak either in favor or opposition or wanted to comment on this request to come forward. There were none. Chairman Lowry closed the Public Hearing. No discussion followed. Commissioner Stewart made a motion to approve Case No. S-11 IOR2(CH), PCS PrimeCo Wireless Communications Antenna and Cabinet, zoning change from LI-S.U.P. to HC- S.U.P. with no conditions. Commissioner Kittrell seconded the motion; motion carried (7-0) with Commissioners 14 Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 15. Consider approval of the Christ Our Savior Lutheran Church, Site Plan Amendment, to bring the playground shade structure into compliance with city code on property located at 140 Heartz Road, at the request of Artisan Landscape, Inc. City Planner Isabelle Moro introduced the item to the Commission, showing exhibits of the proposal, stating that the shade structure was supposed to be relocated in the inner courtyard area of the newly constructed church addition. Due to minor structural changes to the new building, this structure no longer fits in the courtyard area so the church has requested that the structure be allowed to remain where it is and be brought up to code by bricking the metal posts. The brick sample shown matched the existing structure and the new addition. Ms. Moro then described the canopy material and related to the Commission that a note has been provided on the face of the Site Plan/Landscape Plan that states "the canvas cover will be maintained in a top quality/first-class condition, free from fraying, rips or fading." She then stated that staff recommends approval of this request with no conditions. Chris Hatton, 164 Pine Drive, Lewisville, TX, was present to represent this item before the Commission and answer any questions. No discussion followed. Commissioner Kittrell made a motion to approve the Christ Our Savior Lutheran Church, Site Plan Amendment, with no conditions. Commissioner McGahey seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 16. Consider approval of the Kiddin' Around, Site Plan, to allow the development of a 2,950 square foot day care facility on 1.12 acres of property located approximately 312' west of Denton Tap Road; along the north side of Parkway Boulevard, at the request of AWA Architects, Inc. City Planner Isabelle Moro introduced the item to the Commission, showing exhibits and a color board of the proposal, stating that the Comprehensive Master Plan indicates the property is suitable for neighborhood retail uses, as well as park and open space area. She stated that from a staff perspective, it is doubtful that the consultant who did the Comprehensive Master Plan envisioned a day care as a neighborhood retail use. Ms. Moro went on to describe the type of operation being proposed, including the fact that this is not a traditional day, but rather an hourly child-care facility -- the first of its kind here in Coppell. After detailing the operations of this facility, Ms. Moro addressed staff concerns relative to traffic generation and its proximity to the high school. She asked that if the Commission were to look favorably on this request, hours of operation be included in the conditions. Ms. Moro went on to state that staff is uncomfortable with this use at this location, even though Town Center zoning permits this use by right; however, if the Commission is inclined to approve this request, she recommended it do so with the conditions outlined in the Staff Report. Ms. Moro mentioned that although this is not a Public Hearing, there are 15 citizens who would like to speak about this case. Dennis Axberg, AWA Architects, Inc., 17300 N. Dallas Parkway, #3090, Dallas, TX 75248, was present to represent this item before the Commission and answer any questions, stating surprise at the reluctance to accept the use for this property and the number of staff concerns. Jeff Jones, 125 Tanbark Circle, Coppell, TX 75019, was also present to address these concerns, stating that Fridays and Saturdays will probably be the busiest nights of the week since Kiddin' Around is basically designed as an hourly day-care center. The ages of children cared for at this center will range from infants through 12 years old. A glassed -in nursery, a crawler area, a miniature indoor basketball court, indoor playground area, as well as a big screen theater room, etc., will be provided. Mr. Jones stated that the design concept was well thought out to create a safe environment for all age levels, as well as constructive, stimulating play for all age levels. When asked what he was proposing for hours of operation, Mr. Jones stated that he proposed 8:30 a.m. to 10 Monday through Thursday; 8:30 a.m. to midnight Friday and Saturday and 1 p.m. to 5 p.m. on Sunday. Discussion followed relative to number of employees, whether or not this facility must meet State regulations, the location of the dumpster, etc. Although this is not a Public Hearing, Chairman Lowry asked for those people who would like to speak, emphasizing that this use of this facility is allowed by right and reminding people that what the Commission is looking at are the issues relative to the Site Plan, itself, giving Mr. Jones the opportunity at the end to address concerns. Those choosing to speak were: Kenneth Smith, 252 Black Oak Circle, Coppell, TX - concerned with hours of operation and headlights/noise that may be bothersome to homes behind this facility. Recommends disapproval of this request. Chairman Lowry asked for City Attorney Hager's guidance relative to the issue of hours of operation and whether or not the Commission has the ability to regulate these hours. Mr. Hager stated that with Site Plan approval, unless a Planned Development or Special Use Permit is involved, since this is a use by right, he pointed out that a Site Plan is to create a building site; it is not to regulate use. He urged focus on the building and all its attendant entries, elevations, etc. He stated that the hours of operation are not an issue. Eric Wewers, 135 Clover Meadow Lane, Coppell, TX - feels that just because a use is permitted, doesn't mean that it should be used on this property at this location, saying that this use in inconsistent with surrounding uses -- a dental office, Walgreen's and in particular, the high school with all its night and weekend activities during the school year. Is concerned with public safety in connection with the heavy flow of traffic in this area. Is concerned about the longevity of this use and feels that this establishment is not the best use of this property. Chairman Lowry stated that he respects the public comments but again reiterated that this use is allowable and focus needs to be on the actual building site and not anything relative 16 to the use of the property. Jeff Jones, the applicant, then addressed the concerns raised by both residents. Commissioner McGahey made a motion to approve the Kiddin' Around, Site Plan, subject to the following conditions: 1) Modify the landscape tabulations on the Landscape Plan to reflect the following information: • Total linear feet of both required and provided perimeter landscaping. • Correct the required interior landscaping square footage from 4,025 sf to 1,108 sf. • Correct the required non -vehicular open space requirement to 6,875 sf. 2) Note on Site Plan that utility meters shall not be visible except from areas clearly intended as service areas where the public is generally excluded. 3) Note on Site Plan that all rooftop mechanical equipment (including air conditioning units) shall be screened. 4) Parking lot lights cannot exceed 30' in height and shall be shielded from residential developments. 5) Furnish a floor plan prior to City Council Meeting. 6) Obtain approval from the Town Center Architectural Review Board. Commissioner McCaffrey seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 17. Consider approval of the Freeport North, Lot 1, Block A. Site Plan, to allow the development of a 115,950 square foot office/warehouse facility on approximately 9.5 acres of property located approximately 560' south of Creekview Drive; along the west side of Royal Lane, at the request of Pacheco Koch Consulting Engineers. City Planner Isabelle Moro introduced the item to the Commission, showing exhibits, including a color board, of the proposal, stating that 36 truck dock doors will be located on the western elevation of the building. She stated that initially, 420 parking spaces will be provided; however, in the future, should the building be devoted entirely to office use, the applicant will provide 200 additional parking spaces on this site. Ms. Moro then mentioned that staff needs clarification on the Landscape Plan and the fact that star needs color references regarding the monument sign. After some discussion, Ms. Moro then stated that staff recommends approval of this request, subject to the conditions outlined in the Staff Report, modifying #3. 17 Kyle McCullough, Hardy McCullough Architects, 12221 Merit Drive, Suite 280, Dallas, TX, was present to represent this item before the Commission and answer any questions, addressing staff concerns. He stated that the colors of the monument sign will be white with grey tile insets to match the building with black metal lettering. The logo will be of the Duke Weeks precast three -leafed logo with no color to it. Some discussion followed relative to landscaping of the parking islands, tree mitigation, etc. Commissioner Kittrell made a motion to approve the Freeport North, Lot 1, Block A, Site Plan, subject to the following conditions: 1) A replat document is submitted for the next development review cycle. 2) Provide a cut out in the landscaped parking area to allow cars to maneuver within the two future parking spaces. 3) Provide a minimum of 150 sf of landscape area on the planting islands adjacent to the western elevation of the building and provide a tree in each island. Also, indicate on the Site Plan trees in the dashed parking islands. 4) Rectify the discrepancy of the total square footage of non -vehicular open space shown on the landscape tabulations. 5) Compliance with Leisure Services Department comments, as follows: a) The total caliper inch of trees removed requiring mitigation is 212 inches. The landscape provided will create a credit of 106" for the new trees added to the site. This will reduce the number of caliper inches requiring mitigation to 106 inches. The total reparation for the loss of trees is $100 x 106 inches, or $10,600. b) Provide an executed Tree Removal Permit prior to removing trees from the site. 6) Compliance with Engineering Department comments, as follows: The utility easements for the water vaults must be 20'x 20'. Commissioner McGahey seconded the motion; motion carried (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed. 18. General discussion concerning planning and zoning issues A. Update on Council planning agenda actions Planning Director Sieb updated the Commission on the Planning and Zoning cases brought before Council on August 10d, stating that decisions on the 18 Sonic Drive -In cases were postponed to Council's August 24th meeting. B. Director's comments Planning Director Sieb stated that interviews for the Planning and Zoning Commission will be held Thursday, August 26th in the 1St floor Conference Room and people will be contacted by the City Secretary Department as to interview times. With nothing further to discuss, the meeting adjourned at approximately 10:40 p.m. :� 4iet, _'L ]-- 4 J Stan Lowry, Chai ATT ST: Bar ara Jahoda, Sr. Administrative Secretary M DEVELOPMENT REVIEW COMMITTEE LEISURE SERVICES COMMENTS ITEM: Deforest Court, Zoning Change DRC DATE: July 29, 1999 and August 5, 1999 CONTACT: Brad Reid, Park Planning and Landscape Manager COMMENT STATUS: I PRELIMINARY I FINAL ✓ The Tree Survey shows that development is removing 124" of protected trees from the site. Development is preserving 123" of trees, allowing a preservation credit of 100%. A number of the trees located on the northern portion of the site seem to be in an area where extensive fill will be required to bring the site out of the flood plain. The preservation techniques used on such trees will be closely monitored and additional mitigation may be required if it is determined these trees have little chance of survival after development. Please provide an executed Tree Removal Permit prior to removing trees from the site. The developer should be aware that the Park Development Ordinance is in affect for this development requiring park dedication or $1,285.00 per dwelling unit in lieu thereof. UM DRC729h Exhibit A AUg-12-99 02:42P P.03 DEVELOPMENT ARE VIEW COMMITTEE FIRE PREVENTION COMMENTS ITEM: PD -179 DEFOREST COURT DRC DATE: JULY 29,1999 CONTACT: TRAVIS CRUMP, FIRE MARSHAL. (9 72) 304-3503 COMMENT STATUS: I P9414,& I PRELIMMARY F AWL 1. Cul-de-sac exceeds maximum length. Exhibit B g DEVELOPMENT REVIEW COMMITTEE r. LEISURE SERVICES COMMENTS ITEM: Park West Commerce Center, Replat DRC DATE: July 29,1999 and August 5,1999 CONTACT: Brad Reid, Park Planning and Landscape Manager COMMENT STATUS: PRELIMINARY I FEVAL +� The tree survey shows that development is removing 584" of protected trees from the site. Development is preserving 190" of trees, allowing a 25% preservation credit. The total caliper inch of tree removed requiring mitigation is 438 inches. The landscape provided will create a credit of 219 --for the new trees added to the site. This will reduce the number of caliper inches requiring mitigation to 219 inches. The Tree Preservation Ordinance allows for the payment of $100 per caliper inch to the Coppell Reforestation and Natural Areas Fund in reparation for this loss. Please provide an executed Tree Removal Permit prior to removing trees from the site. DRC729m Exhibit C T�Eivt M