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Service Star-CS090917CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Vista Point II, Lots 4R1 & 4R2, Block A, Replat P&Z HEARING DATE: September 17, 2009 C.C. HEARING DATE: October 13, 2009 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: SWC of S.H. 121 and MacArthur Blvd. SIZE OF AREA: 2.2 acres of property CURRENT ZONING: PD-199R4-HC-S-1211 R2 (Planned Development-199- Highway Commercial Revision 4-Special Use Permit-1211 Revision 2) REQUEST: Being a replat of Lot 4, Block A, to subdivide Lot 4 into two lots to allow the existing buildings to be on individual lots to permit separate ownership. APPLICANT: (Owner) (Applicant) Jim Stilwell Brian Dench, P.E. Texas Realty Partners Pate Engineering 5613 DTC Parkway 8150 Brookriver Dr. Suite 800 Suite S-700 Greenwood Village, CO. 80111 Dallas, TX. 75247 (720) 529-2840 (214) 357-2981 Fax: (720) 529-2841 Fax: (214) 357-2985 HISTORY: The attached letter dated September 9, 2009 from the owner's agent for this request summarizes the history of development of this parcel. To summarize the letter: on November 14, 2006 the Site. Plan allowed a 9,300 square foot retail building, replacing a previously approved gas station/convenience store. A Firestone repair garage was completed in April of 2007, and the retail space was ITEM # 6 Page 1 of 3 completed in July. The retail space has been vacant since that date. TRANSPORTATION: State highway 121 frontage road is directly to the north of this parcel. MacArthur Boulevard is a P6D Major thoroughfare built to standard with a six lane divided street contained within a 120 foot right of way. SURROUNDING LAND USE & ZONING: North-SH 121; city of Lewisville South-Bank of Texas; PD-199-R2-HC (Planned Development 199 Revision 2-Highway Commercial) East-office development; city of Lewisville West-office/warehouse; PD-199-R3-HC (Planned Development 199 Revision 3-Highway Commercial) COMPREHENSIVE PLAN: The Comprehensive Plan of May 1996, as amended, shows the property as suitable for mixed use including light industrial/showroom uses. DISCUSSION: This is a request to replat one 2.2 acre lot into two smaller lots for the purpose of selling the corner parcel. Lot 4R1 (the Firestone site) will contain 36,314 square feet. Lot 4R2 (an existing vacant building) will contain 59,606 square feet when the replatting has been accomplished. As explained by the applicant, the existing corner building has been completed for over two years, and although an aggressive marketing effort to lease the building over that time frame has been undertaken, the building remains vacant. In recent months, a group of doctors has expressed interest in the building, but only if it and the land upon which it sits can be purchased as afree-standing parcel. To accommodate this request, the property needs to be replated into two lots-one containing the Firestone store, the other this 9,000 square foot retail/commercial building. Two objectives will be served if this request is approved. One, the property will be divided into two separate lots, thus accommodating the purchaser of the corner building to achieve separate ownership. Two, to accomplish the replat, the existing fire lane easement needs to be abandoned and ITEM # 6 Page 2 of 3 re-established slightly to the east to accommodate the replat document. In essence, all that is visible on the ground is the fire lane is repainted approximately 8 feet to the east. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending approval of the replat document, all conditions have been met. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request ATTACHMENTS: 1. Replat Document ITEM # 6 Page 3 of 3 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT PD-199R5-HC-S-1211 R2, Service Star P&Z HEARING DATE: September 17, 2009 C.C. HEARING DATE: October 13, 2009 STAFF REP.: Gary L. Sieb, Director of Planning LOCATION: SWC of S.H. 121 and MacArthur Blvd. SIZE OF AREA: 2.2 acres of property CURRENT ZONING: PD-199R4-HC-S-1211 R2 (Planned Development-199- Highway Commercial Revision 4-Special Use Permit-1211 Revision 2) REQUEST: A zoning change to PD-199R5-HC-S-1211 R2 (Planned Development-199-Highway Commercial Revision 5-Special Use Permit-1211 Revision 2), to revise the detail site plan to allow the subdivision of Lot 4 into two lots, recognizing the existing developments and adding PD conditions. APPLICANT: (Owner) Jim Stillwell Texas Realty Partners 5613 DTC Parkway Suite 800 Greenwood Village, CO. 80111 (720) 529-2840 Fax: (720) 529-2841 (Applicant) Brian Dench, P.E. Pate Engineering 8150 Brookriver Dr. Suite S-700 Dallas, TX. 75247 (214) 357-2981 Fax: (214) 357-2985 HISTORY: The attached letter dated September 9, 2009 from the owner's agent for this request outlines the history of development of this parcel. To summarize the letter: on ITEM # 5 Page 1 of 4 complies with this zoning requirement. Unfortunately there is only a 7.5 foot setback remaining for the vacant structure. Short of demolishing 22.5 feet of the existing building, an additional 30 foot setback is impossible to achieve for this site. Because this is a PD, the side yard dimensions can be modified, and our staff position is to make them as close to code requirements as possible. In this case only one building can meet code requirements, that being the Firestone building. We would support a 30 foot sideyard setback for the Firestone building and a 7.5 foot sideyard setback for the vacant building for a variety of reasons. One, in a PD variable setbacks can be granted; two, it would be a shame to demolish 22 feet of an existing building that is just two years old; three, there are no openings to the building on the 7.5 foot side yard; four the fire department can support this request because of the lack of openings; five, we have an opportunity to assist a developer in gaining a useful life to this structure. As mentioned above, we support the reduced setbacks. A second issue revolves around the number of parking spaces needed for the retail building. Because this structure is being sold to a group of doctors for medical use, the parking required is 53 spaces. There are 51 spaces on site, so a parking agreement with the Firestone Store, which has never needed the 31 spaces required (they actually have 26 surface spaces plus 9 within the garage bays-the bay spaces can not technically be counted, by the way), is warranted. The applicant has entered into a parking agreement with Firestone which allows the doctors to pick up the required two spaces, making the doctor's site legal. A draft copy of the parking agreement is attached but it needs some work. The lots need to be clearly identified in the attached exhibits, and the agreement should be from Firestone to the doctors, allowing two parking spaces to be assigned to the vacant building. There does not need to be any cross agreement from the doctors to the Firestone store. By making that agreement, Firestone technically looses two parking spaces, but as pointed out by the applicant's letter, the 26 spaces are more than adequate for Firestone's needs. To summarize, staff endorses the amendment to the PD creating two lots-one with a 30 foot side yard, the other with a 7.5 foot side yard. We also support the parking agreement between Firestone and the applicant whereby the ITEM # 5 Page 3 of 4 applicant provides the 53 parking spaces required by code through an agreement with Firestone for 2 spaces. We further support the applicant's position that 26 spaces for the Firestone activity are adequate. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROVAL of this request with the following conditions: 1. Provide one 30 foot side yard, and one 7.5 foot side yard between the revised common west side yard property line. 2. Revise the draft parking agreement between Firestone and the applicant, clearly labeling the two lots and clearly stating that Firestone agrees to assign two parking spaces to the adjacent building for medical use. There is no need for across-parking agreement on the proposed Firestone lot. ALTERNATIVES: 1. Recommend approval of the request 2. Recommend disapproval of the request 3. Recommend modification of the request 4. Take under advisement for reconsideration at a later date ATTACHMENTS: 1. Planned Development Site Plan 2. Applicant letter dated September 8, 2009 3. Draft of parking agreement ITEM # 5 Page 4 of 4