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BM 1990-01-18 PZMinutes of January 18, 1990 PLANNING AND ZONING COMMISSION The Planning and Zoning Commission of the City of Coppell met in pre -session at 6:30 p.m. and in regular session at 7:30 p.m., on Thursday, January 18, 1990, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present: Chairman Joe Munsch Vice -Chairman Peyton Weaver Commissioner Robert Green Commissioner Melvin Gross Commissioner George Redford Commissioner Marsha Tunnell Commissioner Robert Scott was absent. Also present were Director of Planning & Community Services Gary L. Sieb, P&Z Coordinator Taryon Bowman and Administrative Secretary Linda Glidewell. Item 5: Approval of Minutes of December 21, 1989 Commissioner Redford moved to approve the minutes of December 21, 1989, with suggested corrections to Item #6, and Item #9. Commission Weaver seconded the motion; motion carried (6-0) with Chairman Munsch and Commissioner Green, Gross, Redford, Tunnell and Weaver voting in favor of the motion. PUBLIC HEARINGS Item 6: Consider a zoning change, Case #S-1047, to allow the operation of a restaurant, located at the southeast corner of MacArthur Boulevard and Beltline Road, at the request of Chaucer Chern. P&Z Coordinator Taryon Bowman introduced the item to the Commission. Ms. Bowman stated that this request is to allow the operation of a Chinese Restaurant. She further stated that the location of this request is actually the new Tom Thumb Center at Beltline Road and MacArthur Boulevard. Ms. Bowman then stated that seven (7) property owners within 200 feet of this request were notified by mail. None of the reply forms were returned. Ms. Bowman then stated that this property is completely surrounded by the retail shopping center; therefore, staff recommends approval of this request. Chaucer Chern was present to represent this item before the Commission. Mr. Chern stated that he is the architect, engineer and contractor for this project. He stated that they have an existing full service restaurant at Northwest Highway and Marsh Lane. They are attempting to expand into a new fast food type of service. Minutes of January 18, 1990 Planning & Zoning Commission Page 2 In answer to questions from the Commission, Mr. Chern stated that this restaurant will have an open type kitchen, where the Customer will actually be able to see the food being prepared. Mr. Chern also stated that they will be attempting to emphasize the speed, while still trying to keep with the original taste of the food served at the existing full service Chinese restaurant. Chairman Munsch then opened the public hearing and asked for persons wishing to speak in opposition to the request. There were none. He then asked for persons wishing to speak in favor of the request. Those persons speaking were: Mr. Jerry Lacy L.H. Lacy Company The public hearing was then declared closed. Following discussion Commissioner Tunnell moved to approve Case #S-1047. Commissioner Redford seconded the motion; motion carried (6-0) with Chairman Munsch and Commissioners Green, Gross, Redford, Tunnell and Weaver voting in favor of the motion. Item 7: To consider a Planning Commission authorized Public Hearing to determine proper zoning on a tract of land (50.64 acres) located near the southeast corner of Thweatt Road and State Road. The public hearing has been called to determine if (PD -SF -9) Planned Development Single Family -9 is the proper zoning for said tract. Director of Planning and Community Services Gary L. Sieb introduced the item to the Commission. Mr. Sieb gave a brief history of this case. He stated that on September 21, 1989, the Planning Commission considered a request for a change from (LI) Light Industrial to (SF -7) Single Family -7 on this piece of property, and recommended denial of that request. The applicant made a request to the City Manager to appeal that decision before the City Council. On October 10, 1989, that request went before the City Council. At that hearing the Council modified the proposal, and granted a (PD -SF -9) Planned Development Single Family -9, which is a zoning classification the Planning Commission had not considered at their September 21, 1989 hearing. Conditions for approval by Council included: that the tract as developed would contain houses that contained at least 1,600 square feet on each of those lots; that there be a 40% maximum coverage, 80% masonry construction, and all other conditions typical of inclusion in (PD -SF -9) zoning. The two major (SF -9) guidelines that the developer did not follow is that (SF -9) requires a 75 foot minimum lot width and a 9,000 square foot lot area. This is the reason for the (PD). Minutes of January 18, 1990 Planning & Zoning Commission Page 3 Mr. Sieb then stated that the plan approved by City Council depicts 148 lots on this property, that it would include the minimum 1,600 square foot house size, no alleys required on creek lots, and that development of the remaining (LI) zoning at the northwest corner of this tract would be limited to a thirty-five foot maximum height, that three lanes of State Road would be built from Thweatt Road to Ruby Road, that the developer would pay his pro -rata share for improvements to Thweatt Road, that there be included a masonry screening fence, and that notice of airport noise potential be conveyed to all lot purchasers, in the form of a note on the plat. Mr. Sieb then stated that the question before the Commission tonight is whether the (PD -SF -9) district with the conditions as stated above is the most appropriate zoning for this parcel. He then stated that at the September meeting the Commission had been considering whether (SF -7) was the appropriate zoning. Mr. Sieb also pointed out that this (PD) could be classified as PD anything, due to the fact that only 41 lots (basically 27%) meet or exceed the (SF -9) development guidelines, and the Zoning Ordinance did not specify a percentage or minimum number of typical (SF -9) lots. Mr. Sieb then stated that Coppell citizens subsequently expressed concerns since the time of the City Council action, which resulted in the Planning and Zoning Commission calling the Public Hearing to determine the proper zoning on November 16, 1989, and setting that hearing for January 18, 1990. Staff had recommended denial at the November meeting based on inadequate buffering, the airport noise issue, and substandard roads. He further stated that the issues addressed in tonight's agenda include basically the following five topics: 1) the health/safety factor as it relates to noise; 2) is this really the best use of the property, as opposed to a use that could in fact be placed on the land; 3) economic return on Light Industrial land versus Residential land; 4) the potential litigation issue based on DFW expansion; 5) does this zoning request actually conform with the City's Comprehensive Plan Mr. Sieb then stated that all these issues have been adequately covered in the staff report. In closing, Mr. Sieb stated that all comments discussed at this public hearing must be carefully weighed to insure that whatever action this Commission takes, is in the best interest of all the citizens of Coppell. He further stated that 16 notices were mailed to property owners within 200 feet of this request, and that no responses were returned either in favor or opposed to the request. Mihutes of January 18, 1990 Planning & Zoning Commission Page 4 Chairman Munsch then opened the persons wishing to speak in persons speaking were: -1 Public hearing and asked for reference to this issue. Those Peter Staks Nathan Maier Engineers Jerry Steve Lacy Stolte 4522 Walnut Hill Lane - Dallas Centex Development Company Alvin Houser 152 State Road Doris Gilchrist 296 S. State Road Barry Knight 1201 Elm Street - Dallas Rebecca Houser 296 S. State Road The public hearing was then declared closed. In response to the Commission, Mr. Jeff Fegan of DFW Airport was recognized. Mr. Fegan stated that the 65 LDN guideline is a guideline that works for most people, but perhaps not everyone. He further stated that this property is outside the 65 LDN zone. Mr. Fegan also stated that they support the notice of potential airport noise for property purchasers, to make sure people are aware of the situation before they move in. Following discussion Commissioner Gross moved to retain the current (PD -SF -9) zoning on this tract. Commissioner Redford seconded the motion; motion failed due to a tie vote (3-3) with Commissioners Green, Gross and Redford voting in favor of the motion, and Chairman Munsch and Commissioners Tunnell and Weaver voting against the motion. At this time Mr. Barry Knight, attorney for Mr. Lacy, asked to be recognized by the Commission. Mr. Knight urged the Commission to leave the zoning as is on this tract, thereby allowing them to go forward to City Council. Commissioner Weaver then moved to take Item #7 under advisement until Thursday, January 25, 1990, at 7:30 p.m., in the Council Chambers of the Coppell City Hall. Commissioner Redford seconded the motion; motion carried (4-2) with Chairman Munsch and Commissioners Redford, Tunnell and Weaver voting in favor of the motion, and Commissioners Gross and Green voting against the motion. PLATTING Item 8: Consider approval of a preliminary plat for Oak Bend Addition, located near the southeast corner of Thweatt Road and State Road, at the request of Mr. Jerry Lacy. Minutes of January 18, 1990 Planning & Zoning Commission Page 5 P&Z Coordinator Taryon Bowman introduced the item to the Commission. Ms. Bowman stated that considering the action taken on the previous case, staff recommends that this preliminary plat be denied at this time, and placed on the January 25, 1990, Planning and Zoning Commission special called meeting agenda. Following discussion Commissioner Weaver moved to deny the preliminary plat for Oak Bend Addition without prejudice, and place the plat on the January 25, 1990 meeting agneda. Commissioner Redford seconded the motion; motion carried (4-2) with Chairman Munsch and Commissioners Redford, Tunnell and Weaver voting in favor of the motion, and Commissioners Green and Gross voting against the motion. DISCUSSION Item 9: General discussion concerning platting and zoning issues. Commissioner Tunnell moved to approve the Planning and Zoning Commission By -Laws with the changes as discussed during the pre -session meeting. Commissioner Green seconded the motion; motion carried (6-0) with Chairman Munsch and Commissioners Green, Gross, Redford, Tunnell and Weaver voting in favor of the motion. The meeting was then adjourned. Joe Munsch, CHAIRMAN ATTEST: C) a Linda @11_d -e 1,_ SECRETARY PZ011890.MIN