Loading...
BM 1986-02-20 PZPLANNING AND ZONING COMMISSION Minutes of February 20, 1986 The Planning and Zoning Commission of the City of Coppell met in a regular called session on Thursday, February 20, 1986 in the Coppell High School Administration Building. The pre -session began at 7:00 p.m. with the regular called session beginning at 7:30 p.m. The following members were present: R.W. Smedul, Chairman Perry Jasiecki, Commissioner Frank Pope, Commissioner Joe Munsch, Commissioner Also present were City Engineer Edward Powell, Planning and Zoning Coordinator Vivyon Bowman, Consultant Engineer Gabe Favre and Secretary Linda Grau. Commissioner Steve Eberhardt was absent. PRE -SESSION ITEM NO. 1: Briefing on agenda. A briefing on the agenda items was held prior to the regular session. Following the pre -session, the meeting was called to order by Chairman Smedul who then asked for Commissioner Pope to give the invocation. Chairman Smedul announced to the Commissioners and the public that he received a request for Item 12 to be tabled from the agenda. APPROVAL OF MINUTES Commissioner Joe Munsch motioned to approve the minutes from January 16, 1986. Motion was seconded by Commissioner Perry Jasiecki and motion carried 4-0. Item 3: Consideration of revisions to amendments to the City of Coppell Zoning Ordinance. Chairman Smedul referred to a two page memo from City Attorney Larry Jackson and proceeded to read this memo to the public (See attached sheets) Section 29 - 29.1 and 29.2 "Special Use Zoning Classification". Chairman Smedul then opened the meeting to the public. He asked for those persons wishing to speak in favor of the above ordinance. There were none. He then asked for those persons wishing to speak against the zoning ordinance. There were none. Following discussion on this item it was suggested to include an expiration date which would appear in Paragraph 5. If a Special Use Permit is obtained and not used within six months it would automatically expire and the applicant would have to appear before the Planning & Zoning Commission and the City Council to obtain another permit. Mr. Bowman Planning and Zoning Coordinator spoke of a "Temporary Special Use Permit". Chairman Smedul suggested to the Commission for the document to be accepted as presented with the exception that a six month period after which an application for a new "Special Use Permit" or "Temporary Special Use Permit" be required to be included. Following further discussion Commissioner Munsch motioned to approve the change to the Comprehensive Zoning Paragraph 5 be changed to include and "Permanent Special Use Permit". Jasiecki; motion carried 4-0. Ordinance with the stipulation that both "Temporary Special Use Permit" Motion was seconded by Commissioner Item 4: Consideration of requests for Land Use Classification as required by Section 37 of the City of Coppell Comprehensive Zoning Ordinance. Request made by Malzahn Landscape Contractors. Mr. Jerry and Lyla Malzahn owners of Malzahn Landscape Contractors made the presentation to the Commission. Mr. Malzahn explained to the Commission that his company would like to relocate to Coppell and have been in business twelve years in the Dallas area. They feel that they have outgrown the Dallas area and would like to store trees and bushes for his landscaping company on a two -acre track of land zoned "Light Industrial" in Coppell. Eventually the tract will be Malzahn's main headquarters. It was explained to the Commission that their company stores plants and does not sell to the public. The problem of water was addressed and Mr. Malzahn agreed that this is a problem and will be worked out. Commissioner Jasiecki motioned to give Malzahn Landscape Contractors clarification that they dofall within the "Light Industrial" zoning as a "Contractors Yard�� and to grant approval of their request. Motion was seconded by Commissioner Pope; motioned carried 4-0. Item 5: Consideration of requests for time extension of Specific Use Permit as required by Section 29.2(5) of the City of Coppell Comprehensive Zoning Ordinance. Request made by NWC Sandy Lake/MacArthur Joint Venture. Mr. Tom Mosser representative for NWC Sandy Lake/MacArthur Joint Venture made the presentation to the Commission. Mr. Mosser was asking the Commission for an extension of their "Special Use Permit" for one year. Kroger is the owner of the property. Following discussion on this item Commissioner Pope motioned to grant a 6 month time extension on their "Special Use Permit". Motion was seconded by Commissioner Jasiecki; motion carried 4-0. ZONING Item 6: Zoning Application #86-01-24 PUBLIC HEARING - to consider zoning change request of Connell/Skaggs Addition from "C-S.U.P." Commercial with a specific use permit for a grocery store and gasoline station to "C-S.U.P." - Commercial with Specific Use Permit for the inclusion of a car wash on property located on the northwest corner of Sandy Lake Road and Denton Tap Road. Mr. Mike MacKenzie representative of Connell/Skaggs made the presentation to the Commission. Mr. MacKenzie has previously appeared before the Commission for the grocery store and gas station and now is asking the Commission to grant their request to include a car wash. Chairman Smedul opened the meeting to the public. He asked for those persons wishing to speak in favor of above zoning. There were none. He then asked for those persons wishing to speak against the above zoning. Again there were none. Chairman Smedul then closed the public hearing. Mr. MacKenzie was questioned concerning the drainage problem and told the Commission that there is a drainage problem which they are still working on and hopefully will be resolved before they come before the Commission for platting. Following further discussion Commissioner Jasiecki motioned to accept the zoning change from "C-S.U.P." Commercial with a "Specific Use Permit" for a grocery store and gasoline station to "C-S.U.P." - Commercial with Specific Use Permit for the inclusion of a car wash. Motion was seconded by Commissioner Munsch; motion carried 4-0. Item 7: Zoning Application 486-02-04 PUBLIC HEARING - to consider zoning change request for Fiori's Restaurant from "C" Commercial to "C-S.U.P." - Commercial with a S ifi pec c Use Permit for a restaurant on property located on southeast corner of Sandy Lake Road and Denton Tap Road in Towne Oaks Center. Mr. Norm Kruger representative with Univest made the presentation before the Commission. Mr. Kruger was asking the Commission to approve a "Special Use Permit" for a 3000 square foot sit down restaurant. Chairman Smedul opened the meeting to the public. He asked for those persons wishing to speak in favor of above zoning ordinance. There were none. He then asked for those persons wishing to speak against the above zoning. Again there were none. Chairman Smedul then closed the public hearing. Following further discussion Commissioner Munsch motioned to approve the zoning change. Motion was seconded by Commissioner Jasiecki; motion carried 4-0. Item 8: Zoning Application #86-02-04.1 PUBLIC HEARING - to consider zoning change request for Independent Hamburger from "C" Commercial to "C-S.U.P." Commercial with a Specific Use Permit for a restaurant on property located at the northeast corner of Denton Tap Road and Braewood Drive in Braewood Retail Center. Mr. Elliott Wood representative and partner in Independent Hamburger made the presentation to the Commission. Chairman Smedul opened the meeting to the public. He asked for those persons wishing to speak in favor of above zoning ordinance. There were none. He then asked for those persons wishing to speak against the above zoning. Again there were none. Chairman Smedul then closed the public hearing. Following further discussion Commissioner Pope motioned to accept the above zoning change. Commissioner Jasiecki seconded; motion carried 4-0. PLATTING ACTION Item 9: Plat Application #86-01-20.5 - to consider approval of a final plat for Villages of Coppell, Phase II on property located north of MacArthur Blvd., east of Raintree Village Subdivision and west of Allen Road in the Lakes of Coppell Subdivision. Mr. Nathan Maier representative of Dimension Brooks made the presentation before the Commission. Mr. Maier presented plats to the Commission with alleys as suggested at a previous Planning & Zoning meeting. The size of the houses will be 1400 square feet to 1950 square feet. The average lot size before the alleys were added were 45 X 100. When the alleys were added it cut lot sizes to 40 x 100 with lot sizes of 55 x 100 along the lake area. Following further discussion Commissioner Munsch motioned to approve the final plat. Motion was seconded by Commissioner Jasiecki; motion carried 4-0. Item 10: Plat Application #86-01-20.1 - to consider approval of a final plat for Coppell Road Business Park on property located on the east side of Coppell Road 500 ft. north of Bethel Road. Mr. Dale Veenker and Engineer Walter Nelson made the presentation before the Commission and presented their final plat. Mr. Veenker explained the types of business that will occupy these buildings, such as service businesses or showrooms. He then addressed the screening wall. It was decided upon that a live screening wall would be installed instead of a masonary screening wall, which was in agreement with the residents behind Mr. Veenker's proposed business park. Fire lanes and parking were also addressed. Following further discussion Commissioner Pope motioned to grant approval of the final plat. Motion was seconded by Mr. Jasiecki; motion carried 4-0. Item 11: Plat Application #86-01-20 - to consider approval of a Site Plan for Southwestern Industrial Addition on property located on the northwest corner of Connell Road and S *u__ we ostern Blvd. Mr. Charles Reibenstein made the presentation before the Commission. Mr. Reibenstein explained to the Commission that Phase I would be to leave the exidting residential house on the property as requested by the owner for an additional rental income. Phase II would be to remove the house and enlarge the Industrial Addition. The parking problem was addressed by Mr. Reibenstein. Chairman Smedul addressed the problem of right-of-way on Southwestern Boulevard which according to the thoroughfare plan Southwestern Boulevard, would be an extension of Beltline Road. It was suggested that Mr. Reibenstein look into the problem of set -back problems on the side yard which would be 30 feet and possibly loosing 30 feet in the front yard if in fact Southwestern Boulevard did become an extension of Beltline Road. Mr. Reibenstein agreed with the 30 feet set back on the side yard and stated that there would be no problem with that. Mr. Tony Riley addressed the Commission for approval of Phase I. Mr. Powell addressed the issue of two structures on 1 tract of land without sub -dividing. Mr. Bowman explained that the original plat was approved on October 9, 1984. Following further discussion Chairman Smedul suggested tabling this item until the thoroughfare plan for Southwestern Boulevard is investigated. Commissioner Jasiecki motioned to table this item until the Commission can find out more information on: 1. Widening of Southwestern Boulevard to six lanes as brought up by Ed Powell, City Engineer and 2. If it possible to let them have a rent house on Phase II on the same piece of property while he builds out the office and warehouse. Motion was seconded by Commissioner Pope to table this application until clarification on the two issues brought out by Commissioner Jasiecki; motion carried 4-0. Item 12: Plat Application #85-12-16.1 - to consider approval of a preliminary plat for the Lakes of Coppell on property located at MacArthur Boulevard and Village Parkway. (Tabled from January 16, 1986 meeting). Chairman Smedul announced that Item 12 as indicated earlier would be tabled at this time. Item 13: Plat Application preliminary plat the west side of #86-01-13 - to consider approval of a for DTC Business Center on property located on Denton Tap Road, south of Sandy Lake Road. Mr. Bowman stated that the agenda and item should read south of Sandy Lake Road. Mr. John Levitt representative of DTC Business Center made the presentation before the Commission. He stated that this business center would hold professional offices, showrooms and fast food facilities. He addressed the screening wall which would back up to Shadowridge Estates. Mr. Levitt also addressed Commerce Street which will intersect with Denton Tap Road and possibly intersect with Sandy Lake Road. Mr. Levitt added that Mr. Jim Brown, owner, probably would not have a problem with keeping Lots 5 thru 9 as one story buildings that would back up to residential houses in Shadowridge Estates. Mr. Bowman addressed the problem of the widening of Denton Tap Road from the planned 6 lanes to possibly 8 lanes. Mr. Powell indicated that meeting with the Highway Department it was fair to say that Denton Tap Road will remain at 6 lanes as originally planned. Following further discussion Commissioner Munsch motioned to approve the preliminary plat for DTC Business Center. Motion was seconded by Commissioner Pope; motion carried 4-0. The meeting was then adjourned. n.w. smeaui, chairman Planning and Zoning Commission ATTEST: Linaa Grau, Secretary City Secretary MINPZ 022086 SECTION 29 "SUP" - Special Use Zoning Classification 29.1 SPECIAL USE ZONING CLASSIFICATION Therkis hereby created a zoning classification, to wit: "SUP" Special Use Permit Zoning Classification. This classification shall be a specific use authorized by this section as a permitted use on property in addition to the uses permitted under the basic classification given such property. The City Council may, after public hearing and proper notice and after recommendation from the Planning and Zoning Commission, grant such a Special Use Permit Zoning Classification as an amendment to the Comprehensive Zoning Ordinance, as in the case of any other zoning change. The application for such "Special Use Permit" shall be accompanied by a site plan (see Section 27) drawn to scale and showing the general arrangement of the project, together with essential requirements such as off-street parking facilities; size, height, construction materials, and location of buildings and the uses to be permitted; location and construction of signs; means of ingress and egress to public streets, the type of visual screening such as walls, plantings and fences; and the relationship of the intended use to all existing properties and land uses in all directions to a minimum distance of 200 feet. The Planning and Zoning Commission or City Council may require information, operating data and expert evaluation concerning the location, function and charactistics of any building or use proposed. 29.2 SPECIAL USE PERMIT REGULATIONS 1. In recommending the grant of a Special Use Zoning Classification, the Planning and Zoning Commission shall determine that such use is harmonious with the building structures and uses of abutting property or other property in the vicinity of the premises under consideration, and shall make recommendations as to requirements *for paving of streets, alleys and sidewalks, means of ingress and egress to .pubic streets, provisions for drainage, adequate off-street parking, protective screening and open space, heights of structures, and compatibility of buildings. 2. Every Special Use Zoning Classification granted as a Special Use Permit under the provisions of this section shall be considered an amendment to the Zoning Ordinance as- applicable to such property. under consideration _ and sbali---be- considered a permanent zoning change unless the ordinance granting the Special Use Zoning Classification provides_ that such special use shall be a "Temporary Special Use Permit terminating at a specific future date. In the event the buildings, premises or land use under a "Temporary Special Use Permit" is voluntarily vacated or if ownership is voluntarily transferred, or if such buildings, premises or land is more than 50 percent destroyed. by fire or other cause, the use of the same shall thereafter conform to the regulations of the basic zoning district of such property unless a new "Temporary Special Use Permit" is applied for and granted for continuation of the use. 3• In granting a Special Use Permit, the Planning be Zoning Commission may recomend and the City Council may impose conditions which shall be complied with before a certificate of occupancy may be issued for use of the buildings on such property pursuant to such Special Use Permit. 4. No Special Use Permit shall be granted unless the applicant is willing to accept and agree to be bound by and comply with the written requirements of the Special Use Permit contained in the ordinance granting the zoning change or as shown on the approved site plan attached to the ordinance. 5. A building permit shall be applied for and secured within 6 months r_om the time of granting Temporary Special Use Permit; provided, however, the i y ouncil may authorize an extension of this time upon recommendation by the Planning and Zoning Commission. The extension of time to obtain building permits shall not require public hearings before the Planning and Zoning Commission or City Council. 60 Unless otherwise provided herein no building,r premises or land used under a Special Use Permit may be enlarged, modified, structurally altered, or otherwise significantly changed unless a separate Special Use Permit is granted for such enlargement, modification, structural alteration, or change. 7. Although referred to as a "Special Use Permit," such grant is a grant of a specific zoning classification; and, therefore, the Board of Adjustment shall not have jurisdiction to hear, review, reverse, or modify any decision, determination or ruling with respect to the granting, extension, revocation, modification or other action taken by the Planning and Zoning Commission or City Council relating to a Special Use Permit. 8. When the City Council authorizes the granting of a Special Use Permit, the Zoning Map shall be amended according to its legend to indicate the ordinance number granting the Special Use Permit. 9. The term "Specific Use Permit" as may be used elsewhere in this ordinance or that may have been used in prior amending ordinances shall mean a "Special Use Permit" as provided for in this section and any prior grant of a special use permit referred to as a "specific use permit" shall be considered a conforming "Special Use Permit" as that term is. used herein.