BM 2001-12-20 PZ Minutes of December 20, 2001
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, December 20, 2001, in the Council Chambers of Coppell
Town Center, 255 Parkway Boulevard, Coppell, Texas 75019. The following members were present:
Chairman Greg McGahey
Vice Chairman Drew Halsey
Commissioner Sam Clark
Commissioner Ann Dragon
Commissioner Anna Kittrell
Commissioner Rick McCaffrey
Commissioner Texx Stewart
Also present were City Engineer Ken Griffin, Assistant City Engineer Gary Johnson, Fire Marshal
Travis Crump, Planning Director Gary Sieb, Assistant Planning Director Marcie Diamond, City
Planner Andrea Roy and Sr. Administrative Secretary Barbara Jahoda.
PRE-SESSION
REGULAR SESSION
(Open to the Public)
Briefing on the Agenda.
Staffbriefed the Commission on the cases.
(Open to the Public)
2. Call to Order.
Chairman McGahey called the meeting to order.
Approval of Minutes dated November 15, 2001.
Commissioner Clark made a motion to approve the minutes of November 15, 2001, as written.
Vice Chairman Halsey seconded; motion carried (7-0) with Commissioners McCaffrey, Clark,
Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None opposed.
4. PUBLIC HEARING: Consider approval of Case No. S-1149R~ 7 Salsas Tex-
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Mex Grill, zoning change request from TC (Town Center) and TC-S.U.P-1149 (Town
Center-Special Use Permit-Il49) to TC-S.U.P-1149R (Town Center-Special Use Permit-
1149 Revised) to allow a 1,400 square-foot expansion of the existing restaurant and
private club located in Eleanor's Square retail center at 230 iN. Denton Tap Road, at the
request of Roberto Villa.
Presentation:
Assistant Planning Director Marcie Diamond introduced the item to the Commission, showing
exhibits of the proposal, stating this request is for an expansion of the existing Tex-Mex
restaurant. No change is requested for the existing signage or hours of operation. Ms.
Diamond mentioned that the only issue staff has regarding this request is the limited parking
area. With this expansion, the required number of parking spaces for the center would increase
from 153 spaces to 156, and the applicant has been advised that he needs to appeal to the
Board of Adjustment regarding this deficit of three spaces. Ms. Diamond stated that staff
recommends approval of this Special Use Permit revision, reading conditions into the record.
She mentioned that 11 notices were sent to property owners within 200' and no responses
were received by the Planning Department.
Leo Villa, representing Roberto Villa, 230 N. Denton Tap Road, Coppell, TX, was present to
represent this case before the Commission and answer any questions, stating agreement with
staff conditions.
Public Hearing:
Chairman McGahey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. No one spoke.
Chairman McGahey closed the Public Hearing.
Discussion:
There was some discussion as to encouraging patrons to park at the rear of the center.
Villa stated that a more attractive rear entrance is being proposed.
Action:
Commissioner Dragon made a motion to approve Case No. S-1149tL 7 Salsas Tex-Mex Grill,
zoning change request from TC and TC-S.U.P-1149 to TC-S.U.P-1149R, subject to the
following conditions:
1) Board of Adjustment approval of a three parking space variance.
2)
Adherence to all conditions required in S-1149, as follows:
a) To allow the consumption of alcoholic beverages in a private club
restaurant.
b)
The proposed hours of the restaurant to be:
11 a.m. to 10 p.m. Monday through Thursday;
11 a.m. to 11 p.m. Friday and Saturday; and
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10 a.m. to 10 p.m. Sunday.
c)
Attached sign will comply with conditions placed by City Council during
the Site Plan review of the retail building which limited all signs to a
single color in shades of light gray, light brown, beige, cream or white.
3)
The development of this property shall be limited to the Site Plan and Floor
Plan as attached to and made part of the Ordinance.
Vice Chairman Halsey seconded the motion; motion carried (7-0) with Commissioners
McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None
opposed.
PUBLIC HEARING: Consider approval of Case No. S-1180~ Wings to Go, zoning
change request from TC-S.U.P (Town Center-Special Use Permit) to TC (Town Center)
to rescind the existing Special Use Permit-Il80, which allowed for the operation of a
1,440 square-foot Wings to Go restaurant and private club located in Suite 230 of the
Town Center Shopping Center, 106 N. Denton Tap Road, at the request of the City of
Coppell.
City Planner Andrea Roy introduced the item to the Commission, stating that this restaurant
has vacated the premises and staff recommends this space be returned to its original zoning
status.
Public Hearing:
Chairman McGahey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. No one spoke.
Chairman McGahey closed the Public Hearing.
Discussion:
There was no discussion.
Action:
Vice Chairman Halsey made a motion to approve rescinding the Special Use Permit-1180 for
Wings to Go, thus returning the premises to straight TC (Town Center) zoning. Commissioner
Kittrell seconded the motion; motion carried (7-0) with Commissioners McCaffrey, Clark,
Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None opposed.
o
PUBLIC HEARING: Consider approval of Case No. S-1180R~ Jay's Seafood, zoning
change request from TC (Town Center) to TC-S.U.P-1180R (Town Center-Special Use
Permit-liS0 Revised), to allow the operation of a seafood restaurant and private
club to be located in Suite 230 of the Town Center Shopping Center, 106 N. Denton Tap
Road, at the request of Jay Ortiz.
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Presentation:
City Planner Andrea Roy introduced the item to the Commission, showing exhibits of the
proposal, stating this seafood restaurant and private club will be run by the owner of Anamia's
and will seat 52 patrons. She then stated that staff recommends approval of this Special Use
Permit, reading conditions into the record.
Charles Vasquez, 106 N. Denton Tap Road, Suite 230, Coppell, TX, was present to represent
this item before the Commission and answer any questions, stating agreement with staff
conditions.
Public Hearing:
Chairman McGahey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. No one spoke.
Chairman McGahey closed the Public Hearing.
Discussion:
There was no discussion.
Action:
Commissioner McCaffrey made a motion to approve Case No. S-1180R, Jay's Seafood,
zoning change request from TC to TC-S.U.P-1180R, subject to the following conditions:
1)
The development of this property shall be limited to the site plan, floor plan
and signage as attached to and made part of the ordinance.
2) The hours of operation being 11:00 a.m. to 11:00 p.m. seven days a week.
3)
Permit the sale of beer and wine on the premises only as provided by State
Law.
Commissioner Clark seconded the motion; motion carried (7-0) with Commissioners
McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None
opposed.
o
PUBLIC HEARING: Consider approval of Case No. S-1195~ Sprint PCS, zoning
change request from TC (Town Center) to TC-S.U.P-1195 (Town Center, Special Use
Permit-Il95), to allow the construction of a telecommunications tower at Andrew
Brown Community Park Central located at 364 N. Denton Tap Road, along the east
side of N. Denton Tap Road; north of Parkway Boulevard, at the request of Craflon
Communications for Sprint PCS.
Presentation:
City Planner Andrea Roy introduced the item to the Commission, showing exhibits of the
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proposal, relating background information of the existing AT&T telecommunications tower
and ground-mounted equipment area in the park. She stated that Sprint will disguise their 85'
tower to resemble a light pole, similar to the 80' tall AT&T tower. Because of the topography,
these two towers will appear about equal in height. A 184 square-foot brick enclosure on the
north end of the concession stand/restroom facility will house the ground-mounted equipment.
The brick will match that of the existing facility. There will also be a lease agreement between
the applicant and the City of Coppell. Of the 61 notices sent to property owners within 200' of
this proposal, two opposing responses were received by the Planning Department. Ms. Roy
then stated that staff recommends approval of this Special Use Permit, subject to conditions,
which she read into the record.
Hart Mason, 1341 W. Mockingbird, Suite 500E, Dallas, TX, was present to represent this item
before the Commission and answer any questions, stating agreement with staff conditions.
Public Hearing:
Chairman McGahey opened the Public Hearing, asking for people who wanted to speak either
in favor or opposition or wanted to comment on this request to come forward. Those speaking
were:
Ben Van Maanen, 120 Flintshire Way, Coppell, TX - concerned with safety regarding
the EMF issue, having an obstructed view of the area and the wattage of the
tower.
Dick Belke, 445 Dillard Lane, Coppell, TX - promoted the construction of the tower.
Stated that Coppell needs this Sprint service. He disputed the EMF issue,
stating there is no evidence of safety concerns.
Bob Della Bella, 116 Flintshire Way, Coppell, TX - Concerned about the safety issue
for kids/adults.
Chairman McGahey closed the Public Hearing.
Discussion:
There was discussion relative to the attached antennae. Mr. Hart stated that they will be flush
mounted and almost identical to the existing AT&T antennae. He then stated that the
maximum wattage would be 36. Relative to the RF emissions from these antennae, he stated
that the strongest point of the emission is directly in front of the panel antennae, which are 82-
85 feet high in the air and telecommunications companies need to abide by very strict FCC
mandates, being audited monthly on their RF emissions. Sprint follows every regulation
guideline that the FCC has put forth. Ongoing studies of emissions show
that the strongest rays are from the cell phone, itself, vs. the antennae installations. It was
suggested that any available publications regarding the safety issue be sent to the City and
homeowners who spoke.
Planning Director Gary Sieb addressed the EMF issue, which came up during the construction
of Sandy Lake Road. He stated that several studies have been done over the past few years,
including a long-range study on Swedish children, all of which have been proved inconclusive
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with regard to EMF damage on humans. He then stated that the Electromagnetic Field falls off
very rapidly as you get away from its source, so if the source is 85' in the air, it's reasonable to
assume that there wouldn't be much on the ground to measure.
Action:
Commissioner Dragon made a motion to approve Case No. S-1195, Sprint PCS, zoning
change request from TC to TC-S.U.P-1195, subject to the following conditions:
1)
All construction activity shall be in accordance with the letter dated December
10, 2001, from Gary Sims, Director of Leisure Services.
2)
Development shall occur in accordance with the submitted site plan and building
elevations and shall not interfere or disrupt existing service provided by AT&T
Wireless Services.
3) Lease agreement being worked out to the satisfaction of the City.
4)
Submit to the City/homeowners any available safety information prior to the
January 8th City Council meeting.
Commissioner Kittrell seconded the motion; motion carried (7-0) with Commissioners
McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None
opposed.
go
Consider approval of the Sherrill Acres~ Lot 1~ Block 1~ Site Plan Amendment, to allow a
revision to the attached signage for a veterinary office on .776 of an acre of property
located along the south side of Belt Line Road, east of MacArthur Boulevard, at the
request of Tom & Leslie Sherrill.
Presentation:
Assistant Planning Director Marcie Diamond introduced the item to the Commission, showing
exhibits, reviewing the history of this project. She stated that staff supports this attached sign
request, subject to conditions, which she read into the record.
Tom Sherrill, 152 Mockingbird, Coppell, TX, was present to represent this item before the
Commission and answer any questions, stating agreement with staff conditions.
Discussion:
There was some discussion as to whether or not this facility was a minor emergency center for
animals on a 24-hour basis. Dr. Sherrill replied, no, it was not.
Action:
Commissioner Stewart made a motion to approve the Sherrill Acres, Lot 1, Block 1, Site Plan
Amendment, subject to the following conditions:
10.
1) The sign shall be a maximum of 21 square feet.
2) The font shall match the font on the monument sign.
3) The letters shall be ivory, individually mounted channel letters.
Commissioner Clark seconded the motion; motion carried (7-0) with Commissioners
McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in favor. None
opposed.
Consider approval of the U-Haul, Lot 1, Block 1, Minor Plat, to allow the development
of a mini-warehouse facility on approximately 2 acres of property located along the
south side of S.H. 121, 350' east of Denton Tap Road, at the request of U-Haul
International.
Presentation:
City Planner Andrea Roy introduced the item to the Commission, showing exhibits, stating that
the applicant has met all technical requirements of the Zoning Ordinance with regard to platting
and staff recommends approval of this Minor Plat, with no conditions.
Konstantine Bakintas, Civil Engineer with BHB Engineering & Surveying, 309 W. 7th Street,
Suite 500, Fort Worth, TX 76102, was present to represent this item before the Commission
and answer any questions.
Discussion:
There was no discussion.
Action:
Commissioner McCaffrey made a motion to approve the U-Haul, Lot 1, Block 1, Minor Plat,
with no conditions. Commissioner Stewart seconded the motion; motion carried (7-0) with
Commissioners McCaffrey, Clark, Kittrell, McGahey, Halsey, Dragon and Stewart voting in
favor. None opposed.
General discussion concerning planning and zoning issues.
A. Update on Council planning agenda actions on December 11, 2001.
a. S-1196, Chili's Restaurant, zoning change from TC to TC-S.U.P.-
1196.
b. S-1193, Grandy's Restaurant, zoning change from C to C-S.U.P.-
1193.
c. Grandy's Addition, Lot 1, Block 1, Minor Plat.
d. PD-133-HC-R3, Community Credit Union, zoning change from PD-
133-HC to PD-133-HC-R3.
e. Dynasty Cleaners Addition, Lot 1, Block 1, Site Plan.
f. Dynasty Cleaners Addition, Lot 1, Block 1, Minor Plat.
Planning Director Gary Sieb advised the Commission of Council's actions on the above-listed
agenda items, mentioning that Council extended the hours of operation on the restaurants.
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Director's comments
a. REMINDER: In-house training session for the Commission with
Louis Nichols, Attorney-at-Law, Nichols, Jackson, Dillard, Hager &
Smith, L.L.P., from 9 a.m. to noon Saturday, January 12, 2002.
Planning Director Gary Sieb reminded the Commissioners that this training session will
be held in the 2nd floor Conference Room.
He then wished everyone a happy Holiday Season.
With nothing further to discuss, the meeting adjourned at approximately 7:10 p.m.
Greg McGahey, Chairman
ATTEST:
Barbara H. Jahoda, Sr. Administrative Secretary