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BM 1993-09-16 PZMinutes of September 16, 1993 PLANNING AND ZONING COMNIISSION The Planning and Zoning Commission of the City of Coppell met in pre -session at 7:00 p.m., and in regular session at 7:30 p.m., on Thursday, September 16, 1993, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chairman, Robert Green Vice -Chairman, George Redford Commissioner, Marsha Tunnell Commissioner, Don Meador Commissioner, Carl Thompson Commissioner, Melvin Gross Commissioner Ray Hildebrand Also present were City Engineer Ken Griffin, Director of Planning Gary Sieb, Taryon Bowman, Planning Coordinator, and Administrative Secretary Barbara Jahoda. PRE -SESSION 1. Briefing on agenda. JIM 2. Call to Order Chairman Green called the meeting to order. 3. Invocation Commissioner Melvin Gross gave the invocation. 4. Approval of Minutes of August 19, 1993 Commissioner Meador moved to approve the minutes of August 19, 1993, as submitted. Commissioner Redford seconded the motion; motion carried (6-0-1) with Commissioners Meador, Thompson, Tunnell, Green, Redford, and Gross voting in favor of the motion, and Commissioner Hildebrand abstaining as he was not present at the August 19th meeting. 5. PUBLIC HEARING: To consider approval of a zoning change, Case # S-1068, Special Use Permit request for a Kwik Kar Oil and Lube Center, located along the west side of Denton Tap Road, north of Wynnpage Drive, at the request of Kwik Kar. Planning Director Gary Sieb told the Commission that the applicant had made a request for approval of a zoning change from (C) Commercial to (C.-S.U.P.) Commercial with a Special Use Permit for an automobile oil change facility. He showed a diagram of how the proposed site would be situated on Denton Tap Road near the Wynnpage development. Because of the nature of this facility and because it is automobile related, staff has concern with regard to setting a precedent of other uses within the immediate area. Staff recommends denial. Mr. Lynn Meyer, Unzicker Schnurbusch Engineers, 8700 Stemmons, Ste. 400, Dallas, TX., was present to represent this item before the Commission and answer any questions. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. Those persons speaking were: George Tolar, prospective owner He then asked for persons wishing to speak in opposition to the request. Those persons representing Wynnpage homeowners and speaking were: Kevin Sullivan, 112 Renwood Drive Susan Hogan, 147 Wynnpage Drive Barbara Bailey, 232 Plantation It was also noted that approximately 40 residents of the WynnPage subdivision were present and also opposed the request. The public hearing was declared closed. Commissioner Meador made a motion to deny this Special Use Permit Commissioner Gross seconded the motion; motion carried (7-0) with Commissioners Meador, Thompson, Tunnell, Green, Redford, Hildebrand and Gross voting in favor of denial. None opposed. 6. PUBLIC HEARING: To consider approval of a zoning change, Case #S-1069, Special Use Permit request to operate a paint and body shop at Nikor Commerce Center, located at the Southwest corner of Wrangler Drive and Crestside Drive at the request of Fred Shade. Planning Director Gary Sieb introduced the item to the Commission. Because this is a use which is allowed in an (LI) district by a Special Use Permit, staff recommends approval of this proposal. Fred Shade, 617 Loch Lane, Coppell, and proposed owner of the body shop was present to represent this item before the Commission and answer any questions. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. Larry Eisenberg, Sr. Vice President of the New Market Southwest Group in Dallas, speaking on behalf of the landlord and owners of the property, residing at 50001 Red Wolf Lane, Plano, TX He then asked for persons wishing to speak in opposition to the request. Barbara Bailey, 232 Plantation The public hearing was then declared closed. Commissioner Gross made a motion to approve Case #S-1069 with the following conditions: 1) All automobiles be stored in the shop at night. 2) Owner will be responsible for removing all waste and toxic materials. 3) Owner will use a state-of-the-art paint shop which will control toxic fumes and will exceed EPA standards. Commissioner Thompson seconded the motion; motion carried (7-0) with Chairman Green, Commissioners Meador, Thompson, Tunnell, Redford, Hildebrand and Gross voting for the motion. None opposed. 7. PUBLIC HEARING: To consider approval of a zoning change, Case # S-1070, Special Use Permit request to operate a drive-thru restaurant, located near the southwest corner of MacArthur Boulevard and Beltline Road at the request of Boston Chicken. Planning Director Gary Sieb introduced the item to the Commission, citing that it meets the requirements of the Zoning Ordinance. Staff recommends approval of Special Use Permit with cited conditions. Dane Ridenour, 6500 Greenville Avenue, #307, was present to represent this item before the Commission and answer any questions. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. There were none. He then asked for persons wishing to speak in opposition to the request. There were none. 3 The public hearing was then declared closed. Commissioner Redford made a motion to approve the Special Use Permit as represented by the applicant. Commissioner Hildebrand seconded the motion; motion failed (3-4) with Chairman Green and Commissioners Redford and Hildebrand voting for the motion to be approved and Commissioners Meador, Thompson, Tunnell and Gross voting to deny. 8. PUBLIC HEARING: To Consider approval of a Replat (3rd) of Valley Ranch Plaza, Pads B -F, located near the southwest corner of MacArthur Blvd. and Beltline Road at the request of Urban Architecture. Planning Director Gary Sieb introduced the item to the Commission. Due to the complexity of this request, staff recommends to deny until such time that all concerns have been addressed; specifically, traffic concerns and neighborhood opposition. (It should be noted that the traffic study addressed our traffic concerns). Kirk Williams, 1700 Pacific Avenue, Suite 4100, Dallas, TX, was present representing United Commercial, prospective purchasers of the property in question. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. There were none. He then asked for persons wishing to speak in opposition to the request. Those opposed: W. T. (Skip) Leake, Attorney, representing Messrs. Graf and Krauss, owners of Pad H The public hearing was then closed. Commissioner Thompson made a motion to approve the proposed plat, with conditions as cited in the docket. In addition, the additional access easement offered to benefit pad H was accepted by the Commission. Commissioner Hildebrand seconded the motion; motion carried (5-2) with Chairman Green, Commissioners Thompson, Tunnell, Redford and Hildebrand voting in favor, and Commissioners Meador and Gross opposing. 9. PUBLIC HEARING: To consider approval of a zoning change, Case #ZC-549 (Waters Edge, Phase In, located along the north side of Sandy Lake Road, 465 feet west of MacArthur Boulevard at the request of Waters Edge Joint Venture. Zoning Coordinator Taryon Bowman introduced the item. Tim House, representing Matthews Southwest and Waters Edge Joint Venture, and Mr. 4 Lynn Kadleck, Kadleck & Associates, were present to represent this item before the Commission and answer any questions. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. There were none. He then asked for persons wishing to speak in opposition to the request. There were none. The public hearing was declared closed. Commissioner Gross made a motion to approve Case #ZC-549 with the understanding that the proposed screening wall be a brick wall instead of just fence and that there be adequate landscaping drawings provided prior to final plat submittal. After some discussion and clarification, Commissioner Hildebrand seconded the motion; motion carried (7-0) with Chairman Green and Commissioners Meador, Thompson, Tunnell, Redford, Hildebrand and Gross voting for the motion. None opposed. 10. To consider approval of Waters Edge, Phase H, Preliminary Plat, located along the north side of Sandy Lake Road, 465 feet west of MacArthur Boulevard, at the request of Waters Edge Joint Venture. Taryon Bowman, Planning Coordinator, introduced the item to the Commission. Tim House was present to represent this item before the Commission and answer any questions. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. There were none. He then asked for persons wishing to speak in opposition to the request. There were none. The public hearing was declared closed. Commissioner Gross made a motion to approve Waters Edge, Phase H, Preliminary Plat, with the proposed screening brick wall and no alley requirement. After some discussion Commissioner Redford seconded the motion; motion carried (7-0) with Chairman Green and Commissioners Meador, Thompson, Tunnell, Redford, Hildebrand and Gross voting for the motion. None opposed. 11. PUBLIC HEARING: To consider approval of replat of St. Ann Catholic Church Addition, located at the northeast corner of Sandy Lake Road and Samuel Boulevard at the request of the Catholic Dioceses. Planning Director Gary Sieb introduced the item to the Commission. Jay Turner, 747 Blue Jay, Coppell, was present to represent this item before the Commission and answer any questions. 5 Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. There were none. He then asked for persons wishing to speak in opposition to the request. There were none. The public hearing was then declared closed. After some discussion, Commissioner Gross made a motion to approve said replat provided that the sidewalk is constructed when the plat is developed. Motion failed (2-4- 1) with Commissioners Hildebrand and Gross voting for the motion and Chairman Green, and Commissioners Meador, Thompson and Tunnell opposing the motion. Commissioner Redford abstained because of possible conflict of interest. As a courtesy to the applicant, a positive action was recommended by staff so that they can go forward to Council. Accordingly, Commissioner Meador made motion to approve the platting request with the stipulation that sidewalks be installed. Commission Thompson seconded the motion. Motion was approved (5-1-1) with Chairman Green, Commissioners Meador, Thompson, Tunnell and Gross voting in favor of the motion. Commissioner Hildebrand opposed. Commissioner Redford abstained. 12. PUBLIC HEARING: To consider approval of replat of Country Estates, Block A. Lots 3R and 4R, located at 472 and 476 Country Estates Lane at the request of Nathan Maier Engineers. Taryon Bowman, Planning Coordinator, introduced the item to the Commission. Due to the removal of trees, staff is requesting that the trees be replaced caliper inch for caliper inch. Mike Daniel, P.E., Nathan Maier Consulting Engineers, was present to represent this item before the Commission and answer any questions. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. There were none. He then asked for persons wishing to speak in opposition to the request. There were none. The public hearing was then declared closed. Commissioner Redford motioned that the replat be approved, with the replacement of trees, caliper inch for caliper inch. The motion was seconded by Commissioner Tunnell; motion carried (7-0) with Chairman Green, Commissioners Meador, Thompson, Tunnell, Redford, Hildebrand and Gross voting for the motion. None opposed. 13. PUBLIC HEARING: To consider approval of a replat of Gateway Business Park, Block 1 and 2, located at the northwest corner of Freeport Parkway and Gateway Boulevard at the request of Albert Halff and Associates. Planning Director Gary Sieb introduced the item to the Commission. Staff recommends that this be approved with the three conditions as set forth in its Staff Report. 2 Pat Acker, P. E., Albert H. Halff Associates, Inc., was present to represent this item before the Commission and answer any questions. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. There were none. He then asked for persons wishing to speak in opposition to the request. There were none. The public hearing was then declared closed. Commissioner Gross made a motion to approve the Replat of Gateway Business Park, Blocks 1 and 2 with the condition that the drainage be resolved to the satisfaction of our City Engineer. Commissioner Thompson seconded the motion; motion carried (7-0) with Chairman Green, Commissioners Meador, Thompson, Tunnell, Redford, Hildebrand and Gross voting for the motion. None opposed. 14. PUBLIC HEARING: To consider approval of replat of Lake Park Addition, Block E, Lots 10-15 and 17-25, located west of MacArthur Boulevard, along DeForest Road and Lake Park Drive, at the request of Dowdey Anderson Engineers. Taryon Bowman, Planning Coordinator, introduced the item to the Commission. Five reply forms from residents were in favor of this replat; none in opposition. Regarding staff conditions, item #1 refers to an easement which needs to be provided along the rear of the lots adjacent to Denton Creek. Ken Griffin, City Engineer, was present to represent this item before the Commission and answer any questions. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. Those persons speaking were: Jeffrey Dixon, 599 Lake Park Drive Dennis Young, 583 Lake Park Drive He then asked for persons wishing to speak in opposition to the request. There were none. The public hearing was then declared closed. Commission Gross made a motion to approve the Replat of Lake Park Addition, Blk E, Lots 10-15; 17-25; with the conditions that the individual lot owners be required to maintain the property behind their house and that if their fence is moved, a gate be required and that individual homeowners maintain the swale and area free of surface obstruction and that the replat show the utility easement on lots I OR -15R in Block E is abandoned. Commissioner Redford seconded the motion; motion carried (7-0) with Chairman Green, Commissioners Meador, Thompson, Tunnell, Redford, Hildebrand and Gross voting for the motion. None opposed. 7 15. To consider approval of Waterside Estates #3, preliminary plat (resubmittal), located at the northwest corner of MacArthur Boulevard and Parkway Boulevard, at the request of Dowdey Anderson Engineers. Taryon Bowman, Planning Coordinator, introduced the item to the Commission. Staff recommends approval of this preliminary plat with three variances. Bill Anderson of Dowdey Anderson and Associates was present to represent this item before the Commission and answer any questions. Commissioner Tunnell made a motion that they approve the Preliminary Plat for Waterside Estates #3 with the three variances as follows: 1) Variance for the minimum center line radius from 425' to 150'; 2) Variance for the deletion of alleys for lots 1-15, Block G; and 3) Variance to allow a cul-de-sac length of more than 600 feet; that it be shown on the face of the plat and also that the applicant has the option to adjust the location of the cul-de-sac that abuts MacArthur. Commissioner Meador seconded the motion; motion carried (7-0) with Chairman Green, Commissioners Meador, Thompson, Tunnell, Redford, Hildebrand and Gross voting for the motion. None opposed. 16. Consideration of approval of River Ridge Addition preliminary plat, located south of Sandy Lake Road, west of Riverchase Drive, at the request of CCM Engineering. Planning Director Gary Sieb introduced the item to the Commission. Jeff Cranell, C.C.M. Engineering Corp., and Bobby Rollings, developer of the site, were present to represent this item before the Commission and answer any questions. Commissioner Gross made a motion that they deny this River Ridge Addition Preliminary Plat. Commissioner Meador seconded the motion; motion for denial carried (4-3) with Commissioners Meador, Thompson, Tunnel and Gross voting for the motion; Chairman Green and Commissioners Redford and Hildebrand opposed. 17. PUBLIC HEARING: To consider approval of replat of Park West Commerce Center, located at Beltline Road at Airline Drive, at the request of Albert Halff and Associates. Planning Director Gary Sieb introduced the item to the Commission. Staff recommends approval of replat, subject to the two conditions listed in the Staff Report. Bill Dahlstrom on behalf of Prentiss Properties, and Dennis Chovan of Albert Halff and Associates were present to represent this item before the Commission and answer any 8 questions. Chairman Green then opened the public hearing and asked for persons wishing to speak in favor of the request. There were none. He then asked for persons wishing to speak in opposition to the request. There were none. The public hearing was then declared closed. Commissioner Meador made a motion that they approve the Replat of Park West Commerce Center with the noted restrictions. Commissioner Thompson seconded the motion; motion carried (7-0) with Chairman Green, Commissioners Meador, Thompson, Tunnell, Redford, Hildebrand and Gross voting for the motion. None opposed. 18. To consider and approve a final (secondary) plat for Coppell Commerce Center, Block 4, Lot 3, located at the southwest corner of Burns and Coppell Road, at the request of Home Interiors Gifts, Inc. Gary Sieb told the Commissioners of a letter received late today signed by Mr. Jeffrey Fink, General Counsel to Home Interior Gifts, Inc., requesting this replat request be withdrawn from consideration at this time. Mr. Sieb recommended that this request be honored. The Chair recognized this withdrawal. 19. General discussion concerning platting and zoning issues. Ken Griffin, City Engineer, stated that on Tuesday evening, City Council awarded a contract to JBM to develop a Roadway Impact Fee Ordinance for the City of Coppell. This will bring us in compliance with state law and it will take the place of our current escrow requirements. He will be asking Council in the very near future to appoint the Planning and Zoning Commission as the Advisory Committee for the Implementation of a Roadway Impact Fee. Commissioner Meador requested that fellow members get actively interested in finding out about the ceramics facility that may be coming to Coppell. It will be a controversial issue because of environmental concerns with air, water, noise, etc. The Chairman declared the meeting adjourned at approximately 11:30 p.m. Robert Green, A H. JahodaQ. Administrative Secretary Z