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Town Center L1B2-CS 960516CASE; CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT TOWN CENTER SHOPPING CENTER. LOT 1, BLOCK 2, PRELIMINARY PLAT P & Z HEARING DATE: May 16, 1996 C.C. HEARING DATE: June 11, 1996 LOCATION: At the northeast comer of Denton Tap and Sandy Lake Roads SIZE OF AREA: 8.943 acres CURRENT ZONING: TC REQUEST: Approval of a Preliminary Plat to allow the development of a shopping center APPLICANT: Owner: Ewing Properties 16660 Dallas Pkwy//2200 Dallas TX 75248 214-250-3236 Fax 214-248-6701 Representative: Dowdey Anderson & Assoc. 16250 Dallas Pkwy #100 Dallas TX 75248 214-931-0694 Fax 214-931-9538 HISTORY: The majority of the property has been within the Town Center zoning district since its inception. A 1-acre tract, currently the subject of rezoning, is under purchase contract with the intention of incorporating it into the shopping center development. There has been no recent platting history on the property itself, although several adjoining sites have been subdivided from the original property holding. The Planning and Zoning Commission disapproved the Preliminary Plat on April 18, 1996, due. to its continuation of the public hearing on property contained within the plat and anticipating changes in the site plan. Item # 6 TRANSPORTATION: Sandy Lake Road is a two-lane asphalt road within a variable- width right-of-way (100' wide in front of the subject property), shown on the thoroughfared plan as a C4D four-lane divided collector street to be built within a 110'-wide right-of-way. SURROUNDING LAND USE & ZONING: North - South - East West Vacant, "TC" Town Center zoning Town Oaks Centre shopping center, "C" Commercial zoning Chaucer Estates residential subdivision, *PD-SF-7N Planned Development zoning Vacant, "TC" Town Center zoning COMPREHENSIVE PLAN: The 1987 Comprehensive Plan shows the property as part of Town Center. The proposed 1996 Comprehensive Plan shows the property as suitable for neighborhood retail uses. DISCUSSION: The majority of this property is subject to contractual agreements between the City and the landowner made in connection with the purchase of City lands. Those agreements protect the landowner from subsequent changes in city requirements. Nevertheless, the applicant is in general compliance with current subdivision regulation. In noting the differences between prior zoning and current zoning, it is important to realize that under the prior zoning to which the majority of this property is subject, a grocery store would not require a special use permit. The one acre involved in Zoning Case 590 is not subject to those agreements, but the development proposed for that area is related to retail uses other than the grocery. Another point worth noting is that last year the landowner agreed to abide by landscaping requirements in place at that time. In terms of parking lot landscaping and peripheral buffeting this is significant, but in terms of tree preservation it is not. The landscaping requirements of the zoning ordinance, then and now, permit the developer to apply for a building permit and, upon issuance, to remove trees on the buildable area of the property. The buildable area is defined as the area exclusive of the front, rear and side yards required by the zoning district in which the property is located. The Town Center District requires no front, rear or side yards. Therefore, upon issuance of a building permit, the developer of Town Center District property may remove all the trees on the property. Since a special use permit is not required for any of the uses thus far proposed, the site plan submitted in conjunction with platting is the only site plan you will see for the shopping center in its entirety. You will Item # 6 note the effort to save 65 trees within the parking areas and over 50 trees at the northeast comer of the site. In addition, up to 30 trees along the east property line may be saved, depending on the degree to which a proposed hike and bike trail can be aligned in such a way as to avoid the tree root systems. However, with the site plan changes designed to accommodate the wishes of the owners of property adjoining on the east, there will be a net gain of 34 trees next to Chaucer Estates and a resulting net loss of 13 additional trees between the proposed buiMings and the road frontages. This tree preservation effort involves a reduction in parking below the minimum zoning requirements, prior and present. It also involves variation of the spacing of required parking islands. Board of Adjustment approval of the variance of landscape requirements, based on the unique features of this site, and a special exception to reduce the amount of parking will be necessary prior to obtaining a building permit. /f restaurant usage of the proposed buildings were eliminated altogether, the parking shortfall would be only 8 spaces. The proposed preliminary plat shows three lots, but the site plan submitted in conjunction with the plat does not show landscape buffers on the periphery of the vehicular use areas of each of the three proposed lots. While the applicant might wish to seek a waiver of this requirement, the Board of Adjustment has authority to grant a variance only when it can be shown that circumstances unique to the property create a hardship. The circumstances from which the applicant may desire relief are not inherent in the land, but rather are created by the applicant's subdivision of the land. Therefore, this is not a case for the Board of Adjustment. The applicant has three choices: 1) plat the entirety of the property as a single lot; 2) show 10'-wide landscaped buffers around the periphery of vehicular use areas adjoining the interior property lines of each lot; or, 3) request the landowner to renogiate the Second Amendment to Contract of Sale between The Parks of Coppell Trust and City of Coppell dated April 21, 1995. While staff does not want to penalize the developer with further controversy or delay, the negotiations between the developer and adjoining property owners can be characterized as resolving the private interests of one prospective landowner versus the private interests of a several other landowners, at the expense of the public interest. The City is charged with the task of upholding the public interest and, therefore, staff is reluctant to see further degradation of the natural landscape as viewed from Denton Tap Road and Sandy Lake Road. Item # 6 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of the preliminary plat subject to: 1) engineering comments, and revision of the site plan and landscape plans to show preservation of a 28# oak located approximately 45 feet east of the Wendy's site and a stand of smaller oak trees located at the southeastern corner of the site adjacent to Sandy Lake Road, as shown on the attached sketch. (The recommendation with regard to the 28n oak is made with reservations, since its root system may already be severely damaged.) 2) revision of the plat to show the property as a single platted lot, or in lieu of that, revision of the site plan to show landscape buffers between proposed interior lot lines and the periphery of vehicular use areas, as agreed by the landowner, 3) City Council granting a waiver of driveway spacing requirements to permit the service driveway entrance at the southeast comer of the property and the next driveway entrance west of it to be closer together that otherwise permitted, 4) The Board of Adjustment granting a special exception to permit a reduction of parking requirements, and 5) The Board of Adjustment granting a variance of interior vehicular use area landscaping requirements to permit a reduction in the number of landscape islands within parking areas for the purpose of enlarging the size of the islands provided and, thereby, saving more existing trees than otherwise possible. ALTERNATIVES: 1) Recommend approval of the Preliminary Plat 2) Recommend disapproval of the Preliminary Plat 3) Recommend modification of the Preliminary Plat 4) Continue Hearing ATtACHMeNTS: 1) Preliminary Plat 2) Site Plan 3) Landscape Plan a) Informational letters of yarian~ 5) Departmental Comments 6) Sketch of Suggested Site Plan Revisions Item # 6 592 AC. ANCFCOR -- 58,800 er .... 5o~.oo r.r. $89~O~ 1 l'w RE:TAIL \ R P_...9, T. h300 )6.00 AREA 1.997 'AC. PR "I=UTUR~' R.O.W. - ~-.C~SS ~IIVI~(:'~LEILATIo#