Corners Coppell-CS021121
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO : PD-97R-R, Corners of Coppell
P & Z HEARING DATE: November 21, 2002 (originally heard on October 17`~ and held
under advisement with the hearing left open.)
C.C. HEARING DATE: December 10, 2002
STAFF REP.: Marcie Diamond, Assistant Planning Director
LOCATION: Southeast corner of MacArthur Boulevard and Sandy Lake Road.
SIZE OF AREA: Approximately .802 of an acre of property.
CURRENT ZONING: PD-97-R (Planned Development-97-Retail).
REQUEST: PD-97R-R (Planned Development-97 Revised-Retail) to allow for
the development of a 5,970 square-foot retail building with a dry
cleaners.
APPLICANT: Applicant:
Jared Jackson
J.P. Brothers Inc.
10203 Corkwood Dr., Ste 110
Dallas, Texas 75238
(214) 341-2656
FAX: (214) 341-2982
Engineer:
John Z. Ma
MA International
506 Melrose Drive
Richardson, Texas 75080
(972) 644-24539
FAX: (972) 644-2414
HISTORY: In 1985 the City Council approved a zoning change from a Multi
Family-2 district and a Retail district to PD-97 for retail uses on
this property and the adjoining 120,000 square-foot shopping
center on 11.6 acres of land. The Final Plat for the Comers of
Coppell Addition was approved in 1986, which encompasses the
subject property as Lot 2. No mutual access or fire lanes to serve
Lot 2 were recorded as part of this Final Plat; however, the current
Item ~{ 4
Page 1 of 6
applicant has provided staff a copy of a "Reciprocal Easement
Agreement" which provides for non-location specific cross access
between Lot 2 and the remainder of the shopping center. The
owners, at the time of the agreement, were Southland Corp (7-11)
and Corners of Coppell Joint Venture.
It appears that the shopping center changed ownership between
1986 and 1992. In 1992, the current owner, Blue Chip Partners,
replatted the Comers of Coppell into three lots to allow for the
marketing of the individual lots (building and parking) for office
uses. Lot 2 was not included in this replatting activity nor was
any provision for mutual access between these two Tots.
TRANSPORTATION: Sandy Lake Road has recently been improved to a four-lane
divided thoroughfare within 110 feet of right-of--way. MacArthur is
constructed as afour-lane divided thoroughfare with sufficient
right-of-way to accommodate asix-lane divided roadway.
SURROUNDING LAND USE & ZONING:
North - Retail; C (Commercial)
South -Vacant Shopping Center; PD-97-Retail
East -Single Family-Woodridge, Section 5; PD-145
West -Vacant Shopping Center; PD-97-Retail
COMPREHENSNE PLAN: The Comprehensive Plan shows the property as suitable for
neighborhood retail uses
DISCUSSION: This tract of property is anout-parcel (Lot 2) from the existing vacant
shopping center at the corner of Sandy Lake Road and MacArthur Blvd.
The applicant desires to construct a 5,970 square-foot retail center,
facing MacArthur Blvd, to house a dry cleaners and other retail uses.
While the existing PD, established in 1986, permits the proposed retail
uses, there are major site plan issues, which need to be resolved prior to
formal action being taken on this request.
The most significant issue with this request is access to, and fire protection
of, this site. As discussed in the HISTORY section, during the previous
platting and development activities on the abutting parcel (the shopping
center), there were no mutual access or fire lanes platted to serve this comer
tract (Lot 2). However, a "Reciprocal Easement Agreement", which
Item # 4
Page 2 of 6
provides for cross access between Lot 2 and the remainder of the shopping
center was filed with the County by the previous owners (Southland Corp.
and Comers of Coppell Joint Venture). While this requires that these two
property owners provide "....mutual, reciprocal, and non-exclusive
easement, .. both pedestrian and vehiculaz", ....between pazcels one and
two, the instrument does not provide for the specific location, timing, or
paving requirements to provide this access. The current applicant is
indicating that a fire lane/mutual access easement will be provided from
the subject tract to the existing driveway on Sandy Lake Road. The
provision of this fire lane/access easement will require:
• Approval from the owner of the shopping center to allow for the
establishment of a fire lane/access easement at this specific location and
the filing of such off-site easement with Dallas County;
• the owner of the shopping center allowing the applicant to pave this
24'-wide driveway from the subject pazcel to the existing paving. on the
shopping center;
• per request of the Fire Marshal, a letter is required from a professional
engineer stating that the existing bridge from the shopping center to
Sandy Lake Road is capable of supporting fully-loaded fire apparatus;
and
• the extension of the fue lane along the west side of the building.
These access issues are not merely for the convenience of the patrons of
the proposed retail center; these aze also fire lanes, which need to be
provided for the health, safety and welfare of the occupants. At a
minimum, a letter from the shopping center owner committing to work
with the owners of Lot 2 to provide the access and to allow for the paving
of the fire lane is needed prior to staff making a formal recommendation
on this request.
The applicant has revised the location of the building to allow for We
fire lane requirements to be met on-site. Specifically all points of the
building are within 150 feet of a fue lane, if platted as indicated on the
site plan. Therefore, the structural integrity of the eadsting bridge
structure on to Sandy Lake Road is no longer relevant for the
development of this tract. However, staff still has concerns with the
functioning of this property from one access point on MacArthur,
approximately 100 feet south of the intersection of Sandy Lake Road.
During peak traffic times, this one driveway will essentially be
inaccessible. This property may only be accessed from northbound
MacArthur Boulevard. In the event that a customer desires to travel
southbound on MacArthur, then a U-turn at the intersection with
Sandy Lake will be required. Therefore, based on safety and traffic
issues, the Engineering Department is requiring verification that a
second point of access along MacArthur Blvd. can be achieved via
private reciprocal access agreement as noted on the site plan.
Item # 4
Page 3 of 6
On November 14, 2002, staff received a letter from the property owner
of the shopping center, who is a party to the Reciprocal Easement
Agreement. This letter reiterates the fact that this "Reciprocal
Easement Agreement" is a private agreement, which the City does not
have any legal remedies to enforce. This agreement is to benefit the
"customers, employees and tenants" of this retail area, and not the
general public. The owner expresses the concern that, at this time,
given the shopping center is vacant, and the security of the buildings
and the grounds is a major issue, providing access to the remainder of
the site will pose health and safety issues to this property and the area,
as a whole.
In addition, the following technical issues also need to be addressed: .
1) The dumpster needs to be relocated outside of the required 10-foot
landscape buffer along the west property line. The applicant has
relocated the dumpster out of the landscape area; however, its
current location requires accessing this dumpster from the
adjoining property. As of this date, staff has no assurance from
the abutting property owner that this would be permitted.
2) The signage criteria needs to match from the site plan sheet to the
elevation sheet and be revised to limit the logo to a maximum of 20
of the area of any sign. (Corrected)
3) The notation of Corners of Coppell, Volume 86197, Page 5563 on the
proposed fire lane needs to be removed because it appears as if the fire
lane has already been established.(Corrected)
4) The recording information on the abutting properties needs to be
corrected to reflect the Comers of Coppell, Lots 1R, 3R&4R, Block 1,
Replat, filed in Vol. 92191, Pg. 1015. (Corrected)
5) The landscape setback line on the east property line needs to be revised
to be 10 feet instead of 15 feet. (Corrected)
6) The following variances are being requested as part of the Landscape
Plan:
• Reduction of the landscape buffer area along the north property
from 15 to 10 feet.
• Relocation of the required 10 feet of landscaping along the southern
property line to be located adjacent to the building.
Item 1/ 4
Page 4 of 6
• Fulfillment of the 2,492-square feet of landscape shortage off-site
by planting, irrigating and maintaining 15 feet of landscaping
within the drainage easement adjacent to Sandy Lake Road.
(The Parks and Recreation Department will not approve of
trees in this drainage easement; therefore, the Landscape
Plan will need to be revised to remove those trees and
address deficiency in landscaping.)
The Landscape Plan indicates that the sloped area adjacent to
the north property line will be planted, irrigated and
maintained by the applicant. This area is proposed to contain
grass and three Bald Cypress trees. The Parks and
Recreation Department does not object to the proposed
planting in this drainage easement, as long as the property
owner maintains this area.
7) This project will require Tree Mitigation, as well as a Tree Removal
Permit.
On October 17, 2002, the Planning and Zoning Commission
requested that an effort be made to preserve trees on the site; this
apparently has not been accomplished.
Finally, staff is also concerned with the aesthetics of this proposed
building, given its visibility from one of the City's Primary Image
Zones. The e~Stnlgshopping center faces onto Sandy Lake Road. AS
currently designed, the proposed building will face on MacArthur
Boulevard. There are two major issues with the siting of this building.
First, this building will be fronting towards the existing single-family
homes on MacArthur Boulevard instead of commercially-zoned and
developed properties along Sandy Lake Road. Second, when traveling
westbound on Sandy Lake, only the rear and side of this building will
be visible. Understanding constraints imposed due to the shape of the
property, additional architectural enhancements were requested to be
added to the north and west elevations of the building to make it more
aesthetic from Sandy Lake Road. A logical option may be to either
double front this building or to reduce the size and orient the front
towards Sandy Lake Road. To address this issue, the applicant has
revised the landscape plan to include eight Austrian Pines along the
east property line to obscure the view of the rear elevation from Sandy
Lake Road. Therefore, the applicant has chosen to hide the building
instead of enhancing it.
Most of these issues with the site plan and the landscape plan can be dealt
with on a technical level with a revised submittal. However, the issues
Item ~ 4
Page 5 of 6
concerning access and fire protection of this site need to be completely
resolved prior to proceeding with a recommendation of this request.
To summarize, the applicant has resolved the fire lane issue;
however, there remains major safety issues relating to access to this
site from the public thoroughfares, from abutting properties,
accessing the dumpster and finally, the concern with the siting of the
building in relation to adjacent developments. Staff cannot support
this request to amend this PD to allow for the proposed 5,970 square-
foot retail building on this tract of property until such time that these
issues are resolved.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending that this request BE HELD UNDER
ADVISEMENT TO NOVEMBER 21~, with the public heazing left
open, to assure that the issues relating to access and fire lanes be
resolved prior to proceeding with a recommendation on this case.
Staff is recommending that this request BE HELD UNDER
ADVISEMENT TO DECEMBER 19t°, with the Public Hearing left
open, to assure that the issues relating to access and building
orientation are resolved prior to proceeding with a
recommendation on this case.
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) Letter from Reklaw Parhiership, LLC, dated November 14, 2002
2) Staff Comments
Engineering
3) Site Plan
4) Landscape Plan
5) Tree Survey
6) Elevations
Item # 4
Page 6 of 6
FROM .. FAX NO. 1 212 599 1450 Nov. 14 20@2 05:0(3PM P2
November 14, 2002
c
;, , ; "dOV 1 4 2002
I' 1+
t~~ y
vIA FAX (972) 304-7092 AND
FlAND DBL.lVERY
Ms. Marcie Diamond
Assistant Director of Plamring
City of CoppeU, T%
PO Box 9478
255 Parkway Boulevard,
Coppell, TR 75019
Dear Ms. Diamond:
•,i
INCORI'OAA1f0
Re: Case No.: PD-97R-R
Corners of Coppell
PD-97-R to PD-97R-R
Reklaw Partnership LLC ("Reklaw") is the owner of the property adjacent, on the
east and south sides, to the property subject to the zoning referenced above (said
property subject to the zoning application above•shail be referred to herein ss the
"Subject Property"). Reklaw is opposed to the proposed zoning amendment
referenced as Case No.:PD-97R-R
Until the existing shopping center is occupied, the driveways should remain closed
for the protection of the shopping center buildings and We general welfare of the
community. The Reciprocal Easement Agreement referenced in the staff report
created on the property subject to the easement certain reciprocal easements over
the paved areas "as such may from time to time exist". Further, the easement was
granted for the benefit of the owners of the properties and such licensees, or
a8lltstes, now or hereafter occupying a building or portions thereof on said Parcels
for the period of such tenancy, and to the customers, employees, and business
invitees of said owner or owners and tenants, franchisees, licensees, or a[tiliates;
provided that nothing herein is intended to create, and snail not be construed ss
g~tnQ~anv rights L and [or the benefit of tl-e_g_ e* u~" [emphasis added)
The easement does not create a public access easement, nor does it require an owner
to provide such an easement.
The roadway leading into the shopping center property is closed to traffic from both
entrances of MacArthur Boulevard and Sandy Take Road to prevent unauthorized
entry into the vacant shopping ceatcr tact. Unless and until our building is leased
and occupied, we will eondmie to keep the entrances and exits dolled. Over the
years we have experienced major damage to the building and have spent multiple
thousands of dollars for repairs. Creating a public access easeme~at world open the
driveway, and our unoccupied property, to the general public. We do net believe
that it is the right time to create a public access easement on this driveway. kbrWer,
fer similar reasons, we do not believe it is the fight time to pave additions! property
within the shopping center lots.
- - rc^
L.,,_
Blue Chip Partners, Ire.
87S Thhd Avvnw. Wwv York, NY 10017
(212) 661.0600 / (212) 51iC-1~504au
BCPgnrut,paotoom
FRC~1 FAX N0. 1 212 599 1456 Nov. 14 2062 05:08PM P3
Page 2
Ms. Marcie Diamond
xln4ro2
Rekhtw mast protect its investment and looks to the City to help in this endeavor.
The Texas statues spedtlcslly provide that zoning must be designed to "secure
safety from tire, panic and other danEers" and W "promote health and the geceral
welfare". Allowing the proposed development at this time, with speculative uses,
does not further this statutory mandate. We do not deny any right to the reciproml
access easement that S&S Kim Corp. may have, but we believe this is out the right
time to allow vehicular use into our center and expose the center, and possibly ffie
City, to unnecessary security rLsks liability flat could come from unauthorized
people and traffic on the shopping center property.
Onr property, Coppell Citi Center, consists of 115, 000 square feet which has been
vacant for some time by choice. It is our desire to bring to the City quality retail
users that generate real tax revenue for the City. Over the years we have rejected
the occupancy of speculative and poor quality retsdl and commercial tenants whom
by their use and occupancy would not enhance the image of the City and this
outstanding shopping center property. Questionable uses in the proposed 5,970
square foot building could set a development pattern for this intersection that
inhibits optimal retail users and prevents quality retail development. Once again,
for the general welfare of fhe City, the proposed use does not make sense at this
time.
Accordingly, Reklaw does not believe that the proposed development is appropriate
at this time and opposes the proposed zoning amendment We respectfully submit
this written protest pursuant to Section 211.U06 (d) of the Texas Local Government
Code and Section 446 of the City of Cnppell Zoning Ordinance.
~~~
ur Walker ~14anager
Reklaw Partnership, LLC
A Texas Corporation