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MacArthur Vista-CS000720 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE: MacARTHUR VISTA CENTER, SITE PLAN and MINOR PLAT P & Z HEARING DATE: July 20, 2000 C.C. HEARING DATE: August 8, 2000 LOCATION: Along the east side of MacArthur Boulevard, approximately 476 feet north of DeForest Road. SIZE OF AREA: Approximately 1.42 acres of property. CURRENT ZONING: SF-12 REQUEST: Site Plan and Minor Plat approval for a 9911 square foot retail/professional office building. APPLICANT: Univest Properties Engineer: Dowdy/Anderson Alan Hinckley Bill Anderson 12201 Merit Drive 5225 Village Creek Drive Suite 170 Suite 200 Dallas, Texas 75251 Piano, Texas 75093 (972) 991-4600 (972) 931-0694 Fax: (972) 991-7500 Fax: (972) 931-9538 HISTORY: This property was recently considered for rezoning from R to SF- 12 through a called public hearing. On June 13, 2000, the City Council changed the zoning on this property to SF-12. Upon adoption of the amending zoning change ordinance on July 11, the Council continued deliberation on a portion of that ordinance (the 1.4 acre property we are discussing here) until the July 25 meeting. Item # 12 TRANSPORTATION: MacArthur Boulevard is a P6D thoroughfare currently built as a four-lane divided street contained within a 110 foot r.o.w. SURROUNDING LAND USE & ZONING: North- single family residential; PD SF-9 South - single family residential; PD SF-7 East - single-family residential; SF-12 West - single-family residential; PD SF-9 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for single family development. DISCUSSION: Although currently vacant, this property has had recent public hearing activity. In May of this year, the Planning Commission authorized a public hearing to determine proper zoning for this land. At time of the hearing the property reflected a retail zoning classification. The Comprehensive Master Plan showed the land as being best suited for residential development, hence the called hearing to determine proper zoning. Planning Commission recommended SF-12 zoning on the parcel and that recommendation went forward to City Council in June. The Council agreed with the Planning Commission and changed the zoning to SF-12 at the June 13 meeting. Staff began a review of an application to develop the property with a retail/office use on June 19, discovered there was a required fee not submitted with the application, and notified the applicant of the discrepancy. On June 21 staff accepted a corrected application and our review process began. Although staff contended that the recent zoning change (from R to SF-12) would not accommodate an office/retail user, the applicant requested a review of his project. During the zoning hearing before Council, the applicant stated that he had a long-standing agreement with the City allowing him to develop his property with uses permitted in Retail zoning. He contended that any rezoning of the tract would be unlawful, and he had a legal right to develop with R uses. It is our position that the zoning has changed from "R" Retail to SF-12, that the Council action was properly executed, and that the use contemplated by the applicant is not allowed by the zoning classification placed on the property. That being the case, both the site plan and plat do not reflect uses allowed by zoning. However, our City Attorney is researching this issue in Item # 12 greater detail, and until a recommendation has been conveyed by the Attorney's office, staff is not in a position to offer a position on this case. Once our attorney has completed his research, we will formulate a staff recommendation for Commission and Council. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Because of the extensive research being undertaken by our legal counsel at this time, staff is not in a position to offer a recommendation regarding this request. Staff recommends this case be taken under advisement until the August 17, 2000 meeting with the hearing left open. With regard to the minor plat, staff recommends denial for reasons outlined above, including the fact that, as presented, this plat does not conform to the zoning recommended by the City Council. 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) Site Plan/Architectural Plan/Elevations 2) Landscape Plan 3) Plat Document Item # 12