BM 1999-04-15 PZMinutes of April 15,1999
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, April 15, 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, 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 March 18, 1999.
Commissioner Nesbit made a motion to approve the minutes of March 18, 1999, as written.
Commissioner McGahey seconded; motion carried (7-0) with Commissioners Nesbit,
McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None opposed.
4. CONTINUATION OF PUBLIC HEARING: Consider approval of Case No. PD -
108R4, Westchase, zoning change request from R, HO -R, PD -LI, and HO -PD -LI
(Retail, Historic Overlay -Retail, Planned Development -Light Industrial and Historic
Overlay Planned Development -Light Industrial) to PD -SF -9 (Planned Development,
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Single Family -9), to allow the development of 102 residential lots on 37 acres of
property located along the south side of Bethel Road, east of Coppell Road, at the
request of Dowdey, Anderson & Associates, Inc.
Planning Director Gary Sieb introduced the item to the Commission, showing exhibits of
the proposal, giving the Commission a brief history of this property, stating that there are
still two issues that need to be resolved; i.e., tree and noise mitigation. Mr. Sieb then
discussed the tree mitigation plan in depth and indicated that Steve Pflaum, the City's noise
consultant from Chicago, was present and would discuss the proposed disclosure statement
and the suggested noise reduction requirements. Mr. Sieb suggested that the Commission
address these issues with the applicant. Regarding tree mitigation, Mr. Sieb found that
Appendix L of the Tree Preservation Ordinance was wrong and advised the developer of
this error. Consequently, the developer will either have to pay the City $227,000 in
retribution into an escrow account or have the option to replace on the lots the 2,277 caliper
inches of trees that will be removed in the construction of this project; i.e., if the developer
were to place 24 caliper inches of trees on each of the 102 lots, he would not have to pay
any fee.
Steve Pflaum, City consultant on airport noise issues from Chicago, then highlighted certain
conditions that should be imposed with respect to noise if this development is ultimately
approved, stating that he is not here to say that this development should or shouldn't be
allowed in light of the noise issues. Mr. Pflaum stated that this development is located
outside the day/night average noise level of 65 decibel contour with respect to operations at
D/FW. He then stated that the 65 decibel contour is a Federal standard, but it is not a
standard that applies universally. Federal law leaves it up to individual cities to decide what
the appropriate standard or threshold is of significant noise impact on each community. He
stated that undoubtedly, there would be residents in this development who would be highly
annoyed by aircraft noise, and he believes it is the City's purpose to make people aware of
the noise impact before they buy into the subdivision and stated that he believes it is the
City's responsibility to ensure that residences are designed and built in a way which reduces
noise to a reasonable level. Mr. Pflaum proceeded to address the highlights of the Noise
Reduction Requirements (see Exhibit A) which goes into detail about compliance and non-
compliance issues. Mr. Pflaum then addressed, in detail, the Disclosure Requirements for
this subdivision (see Exhibit B) which would be signed by the developer and initial
purchaser and recorded with the County with respect to that parcel of property so that it
would always come up on subsequent title searches.
Commissioner Kittrell inquired whether or not subsequent purchasers of the same property
would review this Disclosure Statement. Mr. Pflaum stated that no, this would not come up
at the signing of the contract, but it would be part of the title record and would be brought to
a purchaser's attention at closing time. He stated that only the initial buyer would have the
benefit of knowing up front about the airport issue. Commissioner Stewart asked what the
level of degradation would be after a house has been lived in for 10+ years? Mr. Ham
acknowledged that this is a fact of fife -- seals around windows, in particular, weaken and
windows start rattling, etc. He suggested that perhaps Karen Robertson of D/FW Airport,
might want to address this subject.
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John Papagolos, Papagolos Development Co., 5225 Village Creek Drive, Suite 300, Plano,
TX 75093, was present to represent this item before the Commission and answer any
questions, stating that over the months, he believes the numerous issues and concerns that
have been brought up by staff have been addressed and resolved to the best of their ability.
He then addressed, at length, both the tree mitigation plan and the sound isolation proposal.
Regarding the tree issue, he discussed the fact that they have been working for several
months with a tree preservation plan that had an error in Exhibit L, Determination of
Retribution Credits, and recently discovered that there was no credit allowed to residential
developers for park fees. Ironically, he mentioned that if this property develops as it is now
zoned as Light Industrial, more trees will be removed and the industrial developer gets to
take credit for trees that they save because industrial developers are not required to donate
to the park fund. Because of this misunderstanding with the Ordinance, Mr. Papagolos
asked the Commission to consider one of two options: (1) Credit for the park fee which
amounts to approximately $131,000 or (2) because they are removing 13,058 caliper inches
of Mesquite trees at the direction of their GeoTech because he feels that Mesquite trees are
one of the worst trees you can have around a slab due to their ability to deprive and rob the
soil of moisture to a depth in excess of 25 feet and they have thorns that can badly
infect...... This line of discussion was not completed because at this point, Chairman Lowry
reminded Mr. Papagolos that the Commission has no power other than to take an Ordinance
as it is written and simply apply it. He suggested that Mr. Papagolos present this argument
to Council if he so desires. Mr. Papagolos reminded the Commission that because this is a
Planned Development request, the Commission does have latitude to adjust the Ordinances.
Mr. Papagolos then proceeded to discuss the sound isolation proposal and stated that the
table on the Plat is the proposal that they can live with -- it establishes a reduction of a
minimum 25 dBA level and he reiterated the fact that this development is outside the 65
decibel range for the airport. He indicated that Mr. Carnes, their consultant regarding noise
who is a Ph.D. and a Professional Engineer, is present to address the noise issue. Mr.
Papagolos then said that Mr. Pflaum's proposal was received the day before and there hasn't
been ample time to analyze it.
Ted Carnes, Pelton Marsh Kinsella, Inc., acoustical consultants, 1420 W. Mockingbird
Lane, Suite 400, Dallas, TX 75247, then presented his views, stating that he has done many
noise studies relating to airport issues, surface traffic and rail sources that impact property.
He stated that many cities surrounding the airport have ordinances and requirements built
into their zoning code and Irving, in particular, has had a very successful program having
consultants review plans to be sure houses meet a certain amount of inside/outside noise
reduction before building permits are issued. He stated that Coppell's proposed
requirements are much more stringent than other municipalities in the area under similar
circumstances around the airport. Mr. Carnes referenced the Pelton Marsh Kinsella, Inc.,
report issued in June, 1991, and revised in June, 1998, regarding this property, stating these
reports were based upon the noise impact of a Boeing 727 200 aircraft which is the last of
the really noisy aircraft. He stated that next year due to FAA regulations, those aircraft will
be reduced in noise level and impact. Mr. Carnes stated that testing of the houses for 30
decibel reduction would be extremely difficult, unless actual overflights occur. He stated
that if enough design work is done on houses to insure 25-30 decibel reduction in noise
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level, actual testing is not necessary and can be very expensive. Mr. Carnes recommended a
25 decibel level of outside/inside noise reduction and indicated that 30 decibels would be an
over -stipulation.
Commissioner Kittrell asked Mr. Carnes if there were other ways to insulate a house other
than primarily doors and windows; i.e., doing something with chimneys, providing better
insulation, etc. Mr. Carnes stated that windows are the weak link in the construction of
houses, indicating that with the better quality of residential window, a 25 decibel level noise
reduction can be obtained, but going to 30 would require special windows and this
represents an expense to the purchaser. Commissioner Halsey asked what the noise level
difference is between 25 or 27 and 30 decibels. Mr. Carnes replied that a car going by a
house would approximate 70 decibels and two cars going by simultaneously, would only
increase the noise level about three decibels. Other variations of design for attaining
minimum decibel levels were discussed.
Chairman Lowry reopened 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.
Those choosing to speak were:
Linda Griggs, 350 Hearthstone, Coppell, TX - described debris she's seen on
roadways along parts of Southwestern Boulevard and Freeport Parkway while
jogging. She then described the number of 18 -wheelers and smaller trucks parked
along the side of Southwestern awaiting loading and unloading servicing two small
businesses. Cited safety issues of trucks so near an elementary school if this area
remained Light Industrial. Would like this area rezoned to residential to keep the
flavor of Old Coppell wholesome. Feels the choice of living so close to the airport
should be left up to individuals.
Brett Ball, 326 Hearthstone, Coppell, TX - concerned about the noise and safety of
large trucks so close to residential areas. Recommended that the decision to live in
this neighborhood, if developed residentially, should be the decision of the buyer(s).
Noble Fortson, 224 Plantation Drive, Coppell, TX - explained that he worked with
the high school to devise the most cost-effective solution for expanding the high
school and accommodating all Coppell's students, expressing opposition to rezoning
any commercial/light industrial/retail property to residential, thereby placing
additional burden on the school system. Recommended rejection of this proposal.
Bill Whitehill, 747 Meadowlark, Coppell, TX - had a number of concerns about this
proposal -- the big picture concept; i.e., setting high standards and keeping them; the
investment of time with regard to the Master Plan -- what's in the best interest of the
City vs. what's in the best interest for individual neighborhoods and recommended
that this area remain Light Industrial. Mr. Sieb interjected that this area is
recommended to be residential on the Master Plan. Mr. Whitehill then
recommended that allowing this area to develop with Light Industrial uses would
expand the tax base. Wants the line drawn to keep the standards high and keep our
goals in view and urged the Commission to remain focused on what's in the best
interest of the entire City.
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Mr. Sieb again interjected that there seems to be a misunderstanding of some of the
people who served on the committee to determine the high school needs of the City.
He stated that when the school enrollment committee came to the Planning
Department office to ask the vision of the community in the year 2000, 2010, etc.,
they were provided a copy of the Comprehensive Master Plan which has always
shown this property being developed with low-density residential development and
this should have been taken into account when the calculations were projected.
Others speaking were:
Paul Leslie, 1010 Gibbs Crossing, Coppell, TX -stated that if the decision has been
made that this property be used for residential purposes, then it is the Commission's
charge to make it the best residential use and encouraged the Commission to hold
the line as to rezoning office, commercial and industrial property or else all residents
will have an enormous tax burden to carry.
Mike McFarlane, 305 Hearthstone Lane, Coppell, TX - doesn't believe that
Coppell's standards will be lowered by building a 102 -lot residential subdivision
ranging from $3-500,000 on this property, stating that the quality of schools will be
kept up because this is what draws people to this City. He also stated that the
proximity of the airport is another reason why people buy in Coppell and feels that
the airport noise is not an issue.
Woody McMinn, 362 Hearthstone Lane, Coppell, TX - feels that this property
should be rezoned residential because that is what is represented on the Master Plan
and that is what people in Old Coppell Estates relied on when they bought their
homes. He feels that Mr. Papagolos is proposing a quali development -- a perfect
development may never come to be and fears that the owners of this property will
probably go ahead and develop it for Light Industrial use.
Bob Loman, 239 Park Valley Drive, Coppell, TX - urged language to make ev
future buyer aware of what the 65 decibel contour plan means when the north winds
come and planes take off over your head.
Karen Robertson, Manager of the Noise Office at D/FW Airport - reiterated that the
Airport doesn't support residential development this close to the airport even though
it's outside the contours and wouldn't recommend against it, but supports staffs
recommendation of the 30 decibel noise reduction level.
Paul Cauley, 755 Lexington, Coppell, TX - voiced his opinion that this development
appears to be excellent and appears to be the right thing for the City. He's frustrated
because staff says they support this proposal yet tacks on new conditions to the
project at every Public Hearing. He acknowledged that he's no expert on the tree
mitigation plan but is sure that an industrial developer will come in, pay the fine,
chop down all the trees and put up a nice concrete building. He stated that the
people we need to listen to are the people who live in Old Coppell Estates, not the
hired attorneys. None of these regulations were applied to that subdivision and
there are no complaints about airport noise from this area. He encouraged the
Commission to make a decision to support this development and respect the
residents of Old Coppell Estates and use common sense. Chairman Lowry
interjected that airport noise is an issue of concern all over Coppell and this is the
first time he can remember that citizens have stated that airport noise is of no
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concern. He stated that the Commission owes it to everyone to try to do what's best.
Mr. Cauley countered that he doesn't want an attorney from Chicago to arbitrarily
set a 30 decibel reduction standard and urged the Commission to do what makes
sense and is reasonable, stating that no one wants to add $25,000 to each house
when the City will reap $40 million of property value from this subdivision.
Chairman Lowry focused attention on the Noise Reduction document stating that the big
issue seems to be the 25 vs. 30 dBA and asked the developer is he agrees with the 25 level.
Mr. Papagolos agreed and added that very specific construction standards have been put on
the face of the plat, plus STC specific ratings on windows and doors. Discussion then
centered on the entire Noise Reduction document with Mr. Papagolos agreeing to
conditions 1-3 if the dBA level were 25. Both Mr. Carnes and Mr. Pflaum then discussed,
at length, condition #4 relating to field testing. Mr. Pflaum stated that no planes would be
used in the testing, only the use of microphones placed in and outside the home to create the
noise. He added that it is essential to test construction. Mr. Carnes stated that from
practical experience, it is extremely difficult to use artificial sound sources to test
outside/inside noise reduction, adding that only testing with aircraft can an accurate
assessment be made, stating this has been done in Euless regarding homes and apartment
complexes. Mr. Pflaum added that field testing is nothing new and waiting for a plane to
fly overhead does not do it. It's done by creating a noise source and he stated that there are
professional standards that can and should be applied in order to properly test. It was
advised that testing a home would take less than a day, perhaps a couple of hours with two
people doing the testing -- one inside and one outside. Mr. Pflaum estimated that the cost
would be a few hundred dollars per residence.
Chairman Lowry suggested passing along to Council the Noise Reduction Requirements as
written, adjusting the 30 dBA level to 25 and the 27 dBA level reference to 25. He also
suggested that the Mesquite tree issue be handled as requested by Mr. Papagolos.
Mr. Pflaum then clarified the 25 vs. 30 dBA noise level, stating that because of the design
of the proposed houses, the reduction is actually 27 or 28 vs. 30, although he continues to
believe that 30 is the appropriate standard. Mr. Pflaum stated that the FAA standards that
were referenced really relate to the mitigation of noise impact on existing homes -- homes
that are built and are exposed to noise and now you want to reduce the noise level. He said
it's a lot tougher and more expensive to mitigate an existing structure than it is to design and
build a structure to -achieve a certain level of noise reduction. Furthermore, he said that the
FAA standards relate to when Federal money is available so there is no reason why Federal
standards that define the amount of noise reduction that should be achieved on existing
structures and that the Federal Government would be helping to pay for, should be applied
to NEW construction which is easier to achieve than in an existing structure. In his opinion,
Mr. Pflaum reiterated that there is no reason why that minimal standard should be applied to
this subdivision.
Mr. Papagolos addressed the Commission, again, stating that he's sure Mr. Pflaum is an
excellent attorney but Mr. Carnes' profession/education/experience has been, not as an
attorney in Chicago, but in business here testing homes in Euless and in surrounding cities,
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having spoken from a practical point of view as to what he has witnessed. Mr. Papagolos
acknowledged that it's certainly easier to achieve this standard in a new home vs. an
existing home, but to do this, windows will have to far exceed upgraded residential
standards which would cost an additional $15-20,000 per home and this would not be
practical.
Commissioner McCaffrey made a motion to close the Public Hearing and approve Case No.
PD -108R4, Westchase, zoning change from R, HO -R, PD -LI and HO -PD -LI to PD -SF -
9, subject to the following conditions:
1) Adherence to the Recommended Noise Reduction Requirements changing under
#1, 30 dBA to 25 dBA; #2 changing 30 dBA to 25 dBA, #4e, changing 27 dBA
to 25 dBA and in 4g, changing 27 dBA to 25 dBA.
2) Adherence to the Disclosure Agreement, revised April 15, 1999, as presented.
3) Regarding the Tree Mitigation Proposal, Appendix L, acceptance of
Determination of Retribution Credits, allowing for 1,358 Mesquite trees (this
results in a reforestation and natural areas fund contribution of approximately
$97,000).
4) Inclusion of the Residential Construction Standards on the building plans and on
the Plat, as shown.
Commissioner Halsey seconded the motion; motion carried (7-0) with Commissioners
Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None
opposed.
A ten-minute break was observed.
5. Consider approval of the Westchase. Pre ipAmU Plat, to allow the development of
102 residential lots on 37 acres of property located along the south side of Bethel
Road, east of Coppell Road, at the request of Dowdey, Anderson & Associates, Inc.
Planning Director Gary Sieb stated that staff recommends approval of the Preliminary Plat,
subject to the conditions outlined in the Staff Report.
The applicant was present but did not appear before the Commission.
Commissioner McGahey made a motion to approve the Westchase, Preliminary Plat,
subject to the following conditions:
1) No additional drainage should occur on park property.
2) Acknowledgement that a park development fee of $1,285 per dwelling unit will
be assessed for this property.
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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. PD -15785, Valley Ranch
Plaza, zoning change request for property zoned LI (Light Industrial) to PD -C
(Planned Development, Commercial) to allow a site plan amendment to incorporate a
new 10,000 square foot retail building to an existing commercial planned
development located at the southwest corner of S. Beltline Road and S. MacArthur
Blvd., at the request of John T. Evans Company.
City Planner Isabelle Moro introduced the item to the Commission, showing exhibits of the
proposal, stating an 8,000 square foot building and Site Plan had previously been
recommended by the Commission but the applicant has since revised plans to increase the
square footage to 10,000 square feet. Ms. Moro stated that staff has some concern
regarding the Landscape Plan calculations, adding that the Commission had last
recommended a minimum of 20% landscape coverage on this proposed site, as well as on
the over-all Planned Development. Because of this requirement, the applicant has
submitted a new Landscape Plan observing this minimum coverage; however, the
serpentine walk way along the eastern elevation has been eliminated to accommodate
additional landscaping, which Ms. Moro showed to the Commission. Ms. Moro then stated
that staff recommends approval of this Site Plan amendment, subject to the conditions
outlined in the Staff Report, adding that Conditions #2, 3 and 6 have been met. Ms. Moro
then showed the building elevations and color board for this proposal, which matches the
materials used in Phase I.
Some discussion ensued regarding the over-all percentage of landscaping, the ability to
walk safety between Phases I and II, and concern that the parking spaces on the west side of
the building back directly into a main drive aisle. Mike Martin, Assistant City Engineer,
said that this is not uncommon in a retail center and doesn't anticipate any problems. A
question was asked whether or not a light is anticipated on MacArthur by the Wendy's
entrance and Tom Thumb center entrance. The answer was "no", that in the evening,
officers are hired by the shopping center to facilitate traffic in and out of the site.
Mike Lawler, BMH Architects, 3237 W. Northwest Highway, Dallas, TX, representing
John T. Evans Company, was present to represent this item before the Commission and
answer any questions, addressing staffs comments.
Commissioner Kittrell questioned how many tenants would be listed on the monument sign.
Mr. Lawler replied that approximately six tenants could be listed. Commissioner McGahey
expressed feeling uncomfortable with the size of the building, traffic safety, pedestrian
safety, etc. Mr. Lawler stated that the applicant would still like to put in pavers or walk
stones to accommodate pedestrians from one building to another. He then stated that to
reduce a traffic hazard, additional one-way signage (going south) has been provided to keep
cross -traffic from coming into the escape route for the McDonald's drive-through.
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Commissioner McGahey replied that he still feels a need for a sidewalk between the two
phases. Commissioner McCaffrey again expressed concern about reducing the landscaping
from 22% for this addition.
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.
The one person speaking was:
Marshall Phaneuf, 5950 Berkshire Lane, Suite 410, Dallas, TX, 75225 -- spoke on
behalf of the applicant, explaining that part of the reason they came back with a
10,000 square foot building after looking at the development numbers, was that with
an 8,000 square foot building, the economics could not work well and in order to
build on that site, they needed to maximize the square footage.
Chairman Lowry closed the Public Hearing.
Some discussion followed regarding the listing of tenants on the monument sign and the
percentage of landscape coverage.
Commissioner McCaffrey made a motion to approve Case No. PD -15785, Valley Ranch
Plaza, zoning change from LI to PD -C, subject to the following conditions:
1) Submission of sample building materials to be approved and specified in the
amending ordinance.
2) The monument sign elevation shall allow tenant names. Materials to match
existing Planned Development monument sign.
3) Limitation of restaurant usage on the entire 4.6 acres of property (including ice
cream, yogurt, bagel, sandwich, coffee, deli shops, and the like) to a total of
17,300 square feet of both interior/exterior space, provided parking
requirements are met.
4) Submit an irrigation plan that is signed and sealed by a licensed irrigator.
5) TU easements for facility will be required by plat or separate instrument.
6) Building must be equipped with auto fire sprinkler system.
7) Provide a five-foot sidewalk along the eastern elevation of the proposed
building.
8) A minimum of 22% landscape coverage will be required on this site, as well
as on the entire PD site.
Commissioner Kittrell seconded the motion; motion carried (7-0) with Commissioners
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Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None
opposed.
7. PUBLIC HEARING: Consider approval of Case No. PD -178, Town Center West,
zoning change request from C (Commercial) to PD -C (Planned Development,
Commercial) to allow the dedication of Town Center West Boulevard right-of-way
and the development of commercial buildings on 4.7 acres of property located along
the west side of N. Denton Tap Road, approximately 280' north of North Texas
Court, at the request of Dowdey, Anderson and Associates.
Planning Director Gary Sieb introduced the item to the Commission, showing exhibits of
the proposal, stating this is a conceptual Planned Development, allowing for a second
entrance into the high school and giving a brief history of property. Mr. Sieb explained that
presently, the City has 24 feet of right-of-way immediately adjacent to the screening wall of
Huntington Ridge subdivision which provides access from Denton Tap Road to the high
school. Staffs position is that the road should be moved south so that a 10 foot landscape
buffer can be provided adjacent to the 28 foot wide street. He then stated that two 20'x 12'
wide road humps would be provided on that access road, as well as a sidewalk on the south
side of the street that would extend from Cowboy Drive to Denton Tap Road, which will be
the City's responsibility to provide. Mr. Sieb went on to explain that many issues regarding
the development of the commercial area along this roadway will not be resolved until the
detailed plan comes in, and at that time, Public Hearing will be held. He continued that
staff recommends approval of this concept plan, subject to the conditions outlined 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 and addressed the road issue.
Commissioner Kittrell asked whether or not this road would impact the Shadydale
development. Mr. Anderson answered "no", that the road doesn't tie into that subdivision.
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.
Those speaking were:
Eric Wewers, 135 Clover Meadow, Coppell, TX - speaking only on behalf of
himself, he expressed a safety concern with high school traffic congestion, stating
that in recent years, three accidents have occurred on the high school site with two
cars coming through the brick wall. He expressed concern regarding having only 10
feet between the road, the brick wall, or his backyard and requested that 15 feet be
considered. He also expressed concerns about future lighting of the street and the
effect these would have on his property, the two 100 -year old Pecan trees that will
be destroyed, the wiring of the TU power poles -- could they be placed
underground?, etc. He stated that the bottom line is SAFETY.
Lee Comley, 202 Black Oak, Coppell, TX - representing the Huntington Ridge
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HOA as its Vice President, expressed the safety issues regarding a 30 mph speed
limit even with two speed humps and only a 10' buffer before the brick wall. He
stated that when the speed limit was 10 mph by the school, even with a 25' buffer,
that didn't stop those two cars from flying through the brick wall. He stated that
when those cars hit the brick wall, bricks sprayed and shattered across many
backyards. He then stated that he and the HOA strongly oppose a 10' buffer because
of the number of pools and children behind this brick wall. Mr. Comley also was
concerned about losing the 72 caliper inches of pecan trees. He then apprised the
Commission of the existing gated access to the school on Willow Lane in the
Shadydale subdivision and either the school district or the City has chosen to close
this access off. He doesn't understand why taxpayer money will pay to build a new
road so that the existing one can remain closed. Mr. Comley again reiterated that
the Association opposes the PD as it stands and would like to reserve their right to a
Public Hearing when a final plan is developed.
Marianne Pizzolato, 139 Clover Meadow, Coppell, TX - very concerned about the
safety issue, stating that pools are only five feet from the brick wall and wants
additional footage between the street and the brick wall. She stated that this road
will primarily be used by high school students with very little driving experience
and little regard for speed limits and speed humps may slow them down but will not
deter them from using this road. She wants kid safety to be the major concern. She
then suggested opening the road going through the Shadydale subdivision or
possibly look at running a road out through Albertson's.
Norman Kressman, 131 Clover Meadow, Coppell, TX - grave safety concerns about
this road which will become a speedway to the high school. Stressed having a
traffic study done because of the heavy traffic congestion that is experienced on a
daily basis to and from the high school. Suggested curtailing the privilege of
students from driving or being driven to school -- suggested their using the bus
system and if a new road is needed, consider a 15' buffer and having a serious guard
rail installed. Mr. Kressman then suggested strict enforcement of the speed limit on
this road.
Frank Ferguson, 185 Black Oak Circle, Coppell, TX - open and use the existing
locked exit to the school. Stressed the traffic safety issue. Believes this proposed
access is a bad idea.
Bill Anderson reiterated the reasoning for this road which has been in the discussion stage
for over a year. Gary Sieb then addressed the issues of concern which were brought up by
the homeowners; i.e., the road, itself, street lights, the pecan trees and enhancing the wall
with screening which doesn't exist today, the TU poles, the existing closed -off road, cars
going through the wall, the safety issue and the use of a traffic signal at Denton Tap Road.
He reiterated the fact that the City has 24' of right-of-way right now adjacent to the wall and
the City can put a street through to the high school. The City thought that by proposing a
conceptual Planned Development and working with the adjacent homeowners to get the
street moved off the wall, staff was doing what the citizens of Coppell would like. He said
that bollards on the north side of the street could be considered, although it probably will
not garner strong Engineering support. Mr. Sieb stated that no traffic study has been done
in connection with this request. Norm Kressman, Lee Comley, Eric Wewers, Ms. Pizzolato
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and Penny Ferguson offered additional comments about safety concerns, speed limit
concerns, curbing the street, possibly limiting the hours for use of the street, etc.
Chairman Lowry closed the Public Hearing.
Discussion followed regarding the existing exit through Shadydale which is open from time
to time after games, the possible addition of substantial guard rails along the north side of
the right-of-way, the need for a traffic study, larger trees be planted between street and wall,
other subdivisions with only 10 feet between the street and development walls, etc.
Commissioner Halsey made a motion to approve Case No. PD -178, Town Center West,
zoning change request from C (Commercial) to PD -C (Planned Development,
Commercial), subject to the following conditions:
1) No permits for development will be issued until a Detailed PD is approved
through the Public Hearing process.
2) The elements contained in the January 14, 1999, letter are complied with.
3) A 15' landscaped buffer will be provided between the wall and proposed Town
Center West Boulevard, with accompanying 5' reduction in the front building
line being possible.
Commissioner Nesbit 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. S-1159, Rollins Leasing
Corporation Addition, zoning change request from LI (Light Industrial) to LI-S.U.P.
(Light Industrial, Special Use Permit) to allow the use of a 4 -pump fuel island, truck
maintenance garage and truck wash on property located along the south side of
Wrangler Drive between Crestside and Lakeshore Drives, at the request of Mayse &
Associates.
City Planner Isabelle Moro advised the Commission that the applicant has postponed this
case to the next Planning and Zoning Commission meeting.
9. Consider approval of the Rollins Leasing Corp. Addition, Lots 1 and 2, Block A,
Preliminary Plat and Site Plan, to allow the creation of 2 lots and the development of
a 23,102 square foot regional office, a truck maintenance garage, truck wash and
fuel island on Lot 1 located on the south side of Wrangler Road, between Crestside
and Lakeshore Drives, at the request of Nathan D. Maier Engineers, Inc.
City Planner Isabelle Moro advised the Commission that the applicant has postponed this
case to the next Planning and Zoning Commission meeting.
12
10. PUBLIC HEARING: Consider approval of the CiCi's Addition No. 1. Replat and
Site Plan, to allow the development of a 35,900 square foot office/warehouse and
distribution facility on 5.285 acres of property located along the north side of Bethel
Road, approximately 663.5' west of Royal Lane, at the request of Pacheco/Koch
Consulting Engineers.
City Planner Isabelle Moro introduced the item to the Commission, showing an exhibit of
the proposal, stating that staff recommends approval of this Replat and Site Plan, subject to
the conditions outlined in the Staff Report. Ms. Moro also added that although this site is
impacted by the Hike and Bike Master Plan, no additional right-of-way is required for the
trail system because Leisure Services has determined that the Bethel Road right-of-way can
adequately accommodate any future on -road trail. She also stated that the Leisure Services
Department has reviewed the Tree Mitigation Plan and has determined that no further
mitigation will be required on the submitted plan.
Chris Jones, Pacheco/Koch Consulting Engineers, 9401 LBJ Freeway, Suite 300, Dallas,
TX 75243, was present to represent this item before the Commission and answer any
questions, addressing staff comments. He mentioned that office hours will probably be 7
a.m. to 6 p.m. and for truck deliveries, 8 a.m. to 11 p.m. Brian George, Corgan Associates,
Inc., 501 Elm Street, Dallas, TX 75202, addressed the overhead line concern, stating that
they have requested TU to relocate them and were advised that the cost would be the
responsibility of the property owner and this cost has not been budgeted.
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 McCaffrey made a motion to approve the CiCi's Addition No. 1. Replat
and Site Plan, subject to the following conditions:
1) Move back the property line 12' and revise site total acreage on the replat
document.
2) The Landscape Plan must be signed and sealed by a licensed landscape architect
or bona fide nurseryman.
3) Specify exact dimensions and color of attached signs shown on the East and
South building elevations.
4) Approve the submitted color board of exterior building materials.
Commissioner Halsey seconded the motion; motion carried (7-0) with Commissioners
Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None
13
opposed.
11. Consider approval of the Town Center Addition Lot 1 Block 3 Site Plan
Amendment, to amend the sign color restrictions to allow a blue and yellow attached
sign on the 24,620 square foot retail center located at the northeast corner of N.
Denton Tap Road and Town Center Boulevard
Planning Director Gary Sieb introduced the item to the Commission, showing an exhibit of
the proposal, stating that C.I.V.I.C. recommended that signage be contained to white, grey,
black or neutral and advised that the owner of the shopping plaza was agreeable to this
condition and the signs on the property today abide by this recommendation. He then
advised the Commission that the applicant must provide a compelling reason why this sign
should be blue and yellow or this case should be denied.
Chris Elkins, 651 E. Highland, Southlake, TX 76092, was present to represent this item
before the Commission and answer any questions. He stated that he would like to use
Blockbuster's registered logo and trademark to help identify the store. Mr. Elkins then
stated that he chose not to use the word "Video" in conjunction with the word "Blockbuster"
on signage in order to accommodate the size of this logo and without the ticket logo, people
may think this store is Blockbuster Music instead of Video.
Some discussion followed as to how this logo would affect the business. Mr. Elkins stated
that he needs to separate his store from the competition.
Commissioner McCaffrey made a motion to deny the Town Center Addition Lot 1 Block
3 Site Plan Amendment. 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.
12. Consider approval of the Copuell Crossing Addition, Lot 2, Block 1, Final Plat, to
allow the development of two office/showroom buildings on 3.2 acres of property
located west of S. MacArthur Blvd., along the north side of the D.A.R.T. right-of-
way and along the east side of the Dallas Power & Light Company easement, at the
request of Dunaway Associates, Inc.
City Planner Isabelle Moro introduced the item to the Commission, showing an exhibit of
the proposal, stating that the Commission was granted Final Plat authority by Council on
Tuesday evening. She then stated that staff recommends approval of this Final Plat, with no
conditions.
Chris Lam, Dunaway Associates, Inc., 2351 W. Northwest Highway, Suite 3280, Dallas,
TX 75220, was present to represent this item before the Commission and answer any
questions.
No discussion followed.
14
Commissioner Stewart made a motion to approve the Coppell Crossing Addition, Lot 2,
Block 1, Final Plat, 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.
13. Consider approval of the Smart Start School Addition, No. 1, Final Plat, to allow the
development of an 8,909 square foot day nursery on 1.65 acres of property located
along the south side of Natches Trace Drive, approximately 250' east of N. Denton
Tap Road, at the request of Jones & Boyd, Inc.
Planning Director Gary Sieb introduced the item to the Commission, stating that staff
recommends approval of the Plat, subject to the conditions outlined in the Staff Report.
Chuck McKinney, Jones and Boyd, Inc., 16800 Dallas Parkway, Suite 240, Dallas, TX, was
present to represent this item before the Commission and answer any questions, stating that
the applicant is in agreement with staff comments.
Commissioner Kittrell asked if there could be a problem concerning erosion from Denton
Creek. Mr. McKinney replied that because of the distance between the facility and the
creek, he foresees no problem.
Commissioner McGahey made a motion to approve the Smart Start School Addition, No.
1, Final Plat, subject to the following conditions:
1) An agreement being reached regarding the attached Non -Exclusive
Recreational Easement.
2) The suggested wording in paragraph 2 of the agreement be placed on the
face of the plat.
In addition, the applicant is advised that a minimum of 20' needs to be provided for a
proposed off-site sanitary sewer easement.
Commissioner Nesbit seconded the motion; motion carried (7-0) with Commissioners
Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None
opposed.
14. Consider approval of the Windsor Estates, Final Plat, to allow the development of a
23 -lot residential subdivision with common areas on 15.78 acres of property located
approximately 540' east of Allen Road, at the end of DeForest Road, at the request
of Halff Associates.
City Planner Isabelle Moro introduced the item to the Commission, showing exhibits of the
proposal, pointing out that the original Planned Development was approved with 27
15
residential lots and two common areas, noting the density has been reduced to 23 residential
lots and common areas. Ms. Moro then discussed the fact that this property is impacted by
two Hike and Bike Trails -- the Denton Creek Greenwalk and the Hike and Bike Trail
Master Plan which runs along DeForest Road. Ms. Moro then stated that staff would like
the applicant to rename a portion of DeForest Road to DeForest Circle and eliminate the
street name of St. James Place. She then stated that staff recommends approval of this Final
Plat, subject to the conditions outlined in the Staff Report, adding one more condition
regarding the landscaping and entry features shown on the DeForest Road Entry Plan.
Commissioner McGahey asked why this subdivision has a single ingress/egress point in
light of the fact that the Commission had to deny a similar subdivision recently because of
this same issue. Mr. Sieb reasoned that the development sits at the end of DeForest Road;
there are fewer lots and the Fire Department had no problem with it when the zoning
change and Preliminary Plat were approved. Commissioner McCaffrey volunteered that
this development is different in that this area is purely residential and has no main
thoroughfare or commercial/retail property connected with it to cause a potential hazard.
Kelly Jordan, Coppell Optimum Assets, 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 comments, except for Item No. 6 regarding the renaming of the
street. He stated that the Fire Department had no problem with the name of St. James Place,
he's partial to that name and feels it is important that when you're coming down DeForest
Road when you get into the neighborhood, you turn left onto a street with a different name.
He feels this is important. Mr. Jordan said that he is also in the process of planning another
smaller one cul-de-sac residential development about 100 yards to the west of Windsor
Estates and the potential name will be DeForest Court. He felt that this may create
confusion if the name were changed to DeForest Circle. Regarding the one point of
ingress/egress, Mr. Jordan stated that he spoke with the Fire Department a number of times
and because the density is so low, there is no problem.
No discussion followed.
Commissioner Kittrell made a motion to approve the Windsor Estates, Final Plat, subject
to the following conditions:
1) The developer will be assessed a $1,285 per dwelling unit park development
fee.
2) The Homeowners Association document must be revised to reflect that no
pavement enhancements or fixtures/structures be allowed within the right-
of-way and 5 -foot wide trail easement.
3) City Attorney will have to approve the revisions to the Homeowners
Association document prior to the recordation of the plat with Dallas
County.
16
4) Furnish a letter stating that amendments to the planned development will be
submitted for the next development review cycle.
5) Label the entry feature lot as a separate common area lot.
6) Utilities certificate is missing on the final plat.
7) Move the City Secretary's signature block and the Surveyor's Certificate
elsewhere on the plat. (Currently, the signature blocks are interfering with
the plat drawing.)
8) Provide the Volume and Page reference on the plat.
9) Modify the DeForest Road Entry Plan to reflect the following:
a) Remove the proposed landscaping, gas lamp pylon and masonry column
from Lot 1, Block A.
b) Remove gas pylons and pavement enhancement along the south side of
DeForest Road right-of-way and the 5' Bike Trail easement.
c) Label Bike Trail easement on the plan.
10) Compliance with Engineering Department comments.
(Condition #6 regarding the street name change was removed from the recommendation
and the condition relative to the DeForest Road Entry Plan was added.)
Commissioner McCaffrey seconded the motion; motion carried (7-0) with Commissioners
Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. None
opposed.
15. 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 April 13'x.
B. Director's comments
Planning Director Sieb thanked those who participated in Pert's luncheon
held March 29".
With nothing further to discuss, the meeting adjourned at approximately 11:15 p.m.
54k,,-, LocI3 I k::63 -
Stan Lowry, Chairman
A TEST:
. k, 16'a -
ElarbA H. Jahoda, Sr. Administrative Secretary
17
. �r
If any decision is made to approve the proposed Westchase subdivision, the
developer should be required to comply with the following noise reduction requirements:
1. All residences shall be designed to achieve a building shell of MA
Noise Reduction (NR) in all habitable rooms.
2. The design shall be approved by a "Qualified Noise Consultant," i.e., a
licensed professional engineer experienced in building shell acoustics or by
an individual who has passed the professional exam administered by the
Institute of Noise Control Engineering. Design approval will be
memorialized in a written, signed certification that recites the Qualified
Noise Consultant's qualifications and states that, in his or her professional
judgment, the designs will achieve a minimum building shell of4�BA
NR in all habitable rooms.
3. All noise attenuation elements of the design shall be included on the final
building plans.
4. Field testing shall be required to verify satisfactory compliance with the
design guidelines, as follows:
a. Ten percent (10%) of all residences, rounded to the nearest whole
number, shall be field tested. (Residences that are field tested will
be referred to as "Tested Residences.")
b. The first residence completed shall be tested. The remaining Tested
Residences shall be selected by the Coppell Planning Department.
C. Field testing shall be performed by a Qualified Noise Consultant
other than any individual who (1) played any role in the design of
the buildings or (2) is affiliated with any person that played any such
role. (As used herein: "affiliated" refers to a relationship involving
an employment, partnership, joint venture, shareholder or other
equity interest, or parent, subsidiary, or sister corporate relationship;
and "person" refers to an individual, partnership, limited liability
company, joint venture, corporation, or other entity.)
d. Field testing shall take place in at least three habitable rooms in each
Tested Residence, including the master bedroom, the room with the
EXHIBIT A
most glazing (other than the master bedroom), and one other room to
be selected by a representative of the Coppell Planning Department.
e. A Tested Residence shall be considered to satisfactorily comply with
the noise guidelines if a certification signed by a Qualified Noise
Consultant (1) recites the Consultant's qualifications and states that
(2) noise reduction testing was conducted in accordance with
applicable professional standards, and (3) each room tested achieved
a minimum of 27.0 dBA NR. [Note: a reference to a specific
ASTM standard will be supplied.]
f. No occupancy permit for a Tested Residence shall be issued prior to
the City's receipt of the certification issued above.
g. The developer shall notify Coppell's Planning Department
immediately if any room tested fails ft -2 -7. -O" -` A NR standard. In
that case:
(1) Additional testing of that room, and one additional room in
that residence to be selected by the Coppell Planning
Department, shall be required after the developer makes any
necessary modifications to the design or construction of the
structure.
(2) Any design changes made to correct any violations shall be
incorporated in other residences in the development that are
substantially based on the same design, including residences
that have already been constructed, unless (A) the
corresponding rooms of the other residences have already
been tested and have been found to comply with the
guidelines, or (B) additional testing establishes that the
corresponding rooms in the other residences are not in
violation.
(3) For each Tested Residence in which a builder uses improved
construction techniques, rather than design changes, to correct
any violations (a "Corrected Residence"), the Planning
Department may require the testing of one additional
residence, which may be a constructed residence that is
substantially based on the same design as a Corrected
Residence.
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Rev. April 15, 1999
STATE OF TEXAS §
COUNTY OF DALLAS §
WESTCHASE ADDITION, THE CITY OF COPPELL
DISCLOSURE OF EXPOSURE TO NOISE FROM DALLAS/FORT WORTH
INTERNATIONAL AIRPORT
WHEREAS, Papagolos Development Company ("Seller") is the owner of
Lot , Block , Westchase Addition, an addition to the City of Coppell, Texas, said
addition being recorded in Volume , Page , of the Dallas County Deed Records
(the "Property"); and,
WHEREAS, the City of Coppell, Texas (the "City"), required the Seller to
present to the initial purchaser of the Property, and record for notice to subsequent
purchasers of the Property, a disclosure statement advising of potential impacts on the
Property of aircraft operations from Dallas/Fort Worth International Airport ("DFW");
and,
WHEREAS, the Purchaser, as identified in the signatory space below, is the
initial purchaser of the Property from Seller;
NOW, THEREFORE, for good and valuable consideration which the parties, by
executing below, acknowledge is sufficient, the parties agree as follows:
1. That Seller has presented to Purchaser this Disclosure Statement
advising the Purchaser that:
a. The Property is subject to overflights and noise associated
with operations from DFW;
b. The Property is near, but not within, the 65 dB DNL noise
contour for the years 1992, 1997, and 2010 contained in the
FAA's environmental impact statement ("EIS") for the
project that included a new runway on the east side of DFW
(now known as Runway 17L -35R); and
C. Actual noise levels at the Property may be greater or less than
the projected noise levels contained in the EIS.
MMBIT B
2. The Purchaser acknowledges and understands these disclosures, and
is aware that additional information concerning noise impacts on the
Property associated with operations at DFW can be obtained from
the DFW Noise Compatibility Office and the City of Coppell's
Planning Department.
By this Disclosure Statement, the Seller makes no warranties or representations as
to the location of the 65 DNL contour or as to any other matter affecting the Property.
This Disclosure Statement is intended only for the benefit of the initial Purchaser and
subsequent purchasers of the Property, and only for the purpose of satisfying the City
requirements regarding disclosure of potential noise impacts on the Property.
EXECUTED this day of
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