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PD109-AG 900724· 1 ~~~ ~~,. c,,~ .~.. AG E" N DA ' 'R EQU EST ~ O R M IA, ITEM CAPTTON: PUBLIC HEARING: Consideration of amendment to site plan for Case #PD-109 and clarification of the ordinance which would change the zoning designation from Light Industrial to (PD-SF-9) Planned Development Single Family - 9, on land located near the southeast corner of Thweatt Road and State Road. SUBMITTED BY: STAFF _ - Gary L. Sieb OT~ER EVALUATION OF ITEF~,, DATE: On September 21, 1989, the Planning Commission recommended denial (3-2) of a request for SF-7 on this parcel. The Commission's action was predicated on non-conformance with the comprehensive plan, proximity to D/FW flight paths, etc. On October 10, 1989, Council overruled the Commission by a 6-1 vote and approved PD-SF-9 zoning on this 50.1 acre parcel. In November the Planning Commission denied a preliminary plat and authorized a public hearing to consider proper zoning. Subsequent to that action, the owner, developer, engineer, staff, members of Council and Commission met to consider an alternative plan which resolved many o~,,,:-.the C¢ Included in these conversations: '..'. A~~}S~~erns° a decrease in density to 138 lots BY dedication of a 2.5 acre park site ad~ac~['~ a re-designed street pattern· minimum dwelling unit size of 1,800 s ee public access from Post Oak Drive to t-hepark land. The Commission eventually agreed to retain the Council approved zonin nd in- cluded conditions, including those just mentioned, in a preliminary plat subse- quently approved by both Planning Commission and Council. The plat acts as the site plan for this zoning change, but does not reflect the information included in the original Council approved written P.D. conditions. The purpose of this hearinq is to clarify the Council's position regarding this case, Obtain con- sensus on the content of the pending amending ordinance, and insure that the plat approved by Council is accurately reflected in the zoning ordinance. - A PPiTO FEDTo BY ¢/9 CiTY CQU~CIL · DATE . ~/~/~ ~' AGENDA REQ FORM 0588DS CITY MANAGER'S COMMENTS/RECOMMENDATION FOR AGENDA ITEM I. Item # 12 Cfty Council Agenda Dated: July 24, 1990 II. Comments/Recommendat.{on: This item was presented at the June 26 Council meeting but was tabled until July 24 because it was felt that the full Council's approval was needed to determine the outcome. We would recommend that you take a short recess and reconvene in Executive Session to gain legal information on this item. Item 13 requests approval of the final plat and the outcome of the public hearing will certainly have an effect on that item. . _ :.~ J , , ..... . - . · . ,. . ~ ~ '.. J .. , :,'.,:....: ::':""~..~-~.'"'~ ., ." ~ .-~.. - ~ '~ ._ . · · - ~ ~ ............... ..... .......... . ......... ~ . · - .-: ... .. -...:..- .:: .'.. '.: ':.:.'::' Acting City Engineer Shohre Daneshmand made the presentation to the Council. Mrs. Daneshmand stated that following studies by the City, stop signs are not warranted at these intersections. During discussion, Councilman Morton commended staff and the Police Department on the additional patrolling in the Hunterwood Subdivision. Following further discussion, Councilman Morton moved that the recommendation of staff to not install stop signs at the above stated intersections be approved. Councilman Thomas seconded the motion; motion carried 5-0 with Councilmen Weaver, Thomas, Morton, Cowman and Robertson voting in favor of the motion. Item 7 Presentation by Ron Morrison of Kimley-Horn and Associates, Inc. regarding their review of the Kaye Street Drainage issue (north side). Mr. Ron Morrison of Kimley-Horn and Associates, Inc. made the presentation to the Council. Mr. Morrison stated that their study found that 1) there is not sufficient cause to blame the drainage problems on the Shadowridge Subdivision construction; 2) that field surveys show that many of the swales grated by Fox & Jacobs to drain storm water from the back of Kaye Street residences to Spanish Moss Court are not properly grated; therefore, the result of this causes water to stand on the Kaye Street lots; and 3) according to their field survey, it is possible to construct a pvc drain from the back of the Kaye Street lots between the Shadowridge residences to Spanish Moss Court and still maintain a positive drain. However, Mr. Morrison pointed out that there is not enough fall to construct a standard grate inlet. Therefore, they are proposing a removable grate. Mr. Morrison also indicated that the installation of these pvc pipes could be installed for less than $10,000 in their estimation. During discussion on this item, Council requested the full survey with field notes and drawings with engineers' seal for City files. Mr. Morrison indicated these documents would be provided to the City. Council also expressed disappointment in the information that was submitted and indicated they were looking for definitive solutions to this problem. Following further discussion, Councilman Thomas moved that the City not take any action until it is seen how the study would fold into the overall drainage study that is being conducted by Albert Halff & Associates, Inc., which will be presented to the Council no later than the last meeting in July. Councilman Weaver seconded the motion; motion carried 4-1 with Councilmen Weaver, Thomas, Cowman and Robertson voting in favor of the motion and Councilman Morton voting against the motion. Item 8 PUBLIC HEARING - Consider approval of an amendment to the site plan for Case #PD-109, Oakbend Addition on property located near the southeast corner of Thweatt and State Roads. Director of Planning & Community Services Gary Sieb made the presentation to the Council. Mr. Sieb indicated this item is for clarification of a zoning case for which Council considered a zoning ordinance on May 22, 1990. The ordinance submitted did not reflect the site plan and preliminary plat already approved by Council. Consequently, Mr. Sieb asked the Council to clarify their earlier action and direct the drafting of an ordinance ~hich depicted the conditions of the site plan and plat. Mr. Berry~ Knight representing Centex Realty was also present to discuss this item with the Council. Mayor Wolfe declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change. There were none. He then asked for those persons who wished to speak in favor of the proposed zoning change. Again, there were none. The public hearing was left open at this point. Following discussion by the Council, Councilman Morton moved that this item be tabled until the last regular meeting in July with the public hearing being held open. Councilman Robertson seconded the motion. The motion did not have a definitive status with a 3-2 vote with Councilmen Weaver, Morton and Robertson voting in favor of the motion and Councilmen Thomas and Cowman voting against the motion. Page 3 of 9 Council then convened in Executive Session at 8:10 p.m. as allowed under Article 6252-17 Section 2 (e) Senate Concurrent Resolution Number 83 for discussion with City Attorney on this item. Mayor Wolfe adjourned the Executive Session and opened the Public Session at 8:25 p.m. Following further discussiom on Item Number 8, Councilman Morton moved that this item be tabled to the July 24 City Council meeting with the public hearing being held open. Councilman Robertson seconded the motion; motion carried 5-0 with Councilmen Weaver, Thomas, Morton, Cowman and Robertson voting in favor of the motion. · tem 9: To consider an ordinance for Case #PD-110 to change the zoning designation from (SF-12) Single-Family-12, to (PD- SF-9) Planned Development Single-Family-9, on a parcel of land located approximately 550' south of the southwest corner of Parkway Boulevard and Lodge Road (frontage on Lodge Road) and authorizing the Mayor to sign. Following discussion on this item, Councilman Morton moved that Ordinance No. 297-A-77 be approved. Councilman Cowman seconded the motion; motion carried 5-0 with Councilmen Weaver Thomas, Morton, Cowman and Robertson voting in favor of the motion. Item 10: PUBLIC HEARING - Presentation, discussion and consideration concerning the proposed changes to the Coppell Thoroughfare Plan as recommended by Barton- Aschman and Associates. Street Superintendent Per Birdsall made the presentation to the Council. Mr. K.R. Marshall, of Barton-Aschman and Associates was also present to present this item to the Council. The recommendations of Barton-Aschman and Associates are included in a report filed as a permanent part of City records. Mr. Marshall indicated that the Roadway Classification Changes are as follows; 1. Sandy Lake Road from a six lane divided to a four lane divided 2. Ruby Road from two lane undivided/four lane undivided to a two lane undivided. 3. Bethel Road from 121 to Royal - no change six lane divided 4. Royal to Freeport from six lane divided to four lane undivided 5. Freeport to Denton Tap from six lane divided to two lane undivided 6. Gateway Boulevard (southwestern) from six lane divided to four lane divided/four lane undivided 7. Royal Lane from six lane divided to four lane divided 8. Freeport Parkway from six lane divided to four lane divided 9. Coppell Road from four lane undivided to two lane undivided Additionally, the Planning and Zoning Commission has recommended that the right-of-way on Bethel Road from Freeport to Denton Tap maintain a sixty-five foot width which would be sufficient to facilitate a four-lane thoroughfare if needed. Additionally, the Planning and Zoning Commission has recommended intersection lane configuration with the appropriate right-of-way width. Mayor Wolfe declared the public hearing open and asked for those person who wished to speak against the proposed Thoroughfare Plan. Those persons speaking were: 1. Mr. Mike Daniel, Nathan Maier Engineers, representing Mr. Bill Thompson. Mr. Daniel indicated his clients concern about the recommendation for limited motions at the Gateway and Royal intersection. 2. Mr. Wilfred Vincent, 141 Lansdowne, questioned what would happen to the area known as "Old Coppell". Currently a two-lane undivided roadway with a 65 foot right-of-way Page 4 of 9 Item 10 Presentation and recommendation of a plan for the storm water management in the City of Coppell by Albert H. Halff and Associates, Inc. Acting City Engineer Shohre Daneshmand made the presentation to the Council. Mrs. Daneshmand indicated that City staff has not yet completed review of this item. It is, therefore, staff's recommendation that approval of this item be postponed to the last meeting in October. Mr. Walter Skipwith, of Albert H. Halff, Associates, Inc. was also present to discuss this item with the Council. Following discussion on this item, Mayor Pro Tem Smothermon moved that action on Item 10 be deferred until the first meeting in October. Councilman Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 11 Consideration of changing the regular City Council meeting of Tuesday, September 25, 1990 to Tuesday, September 18, 1990. Following discussion on this item, Councilman Morton moved that the second regular City Council meeting in September be changed to Tuesday, September 18, 1990. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in favor of the motion. Item 12 PUBLIC HEARING: Consideration of amendment to site plan for Case #PD-109 and clarification of the ordinance which would change the zoning designation from Light Industrial to (PD-SF-9) Planned Development Single Family-9, on land located near the southeast corner of Thweatt Road and State Road. Prior to consideration of this item, Council convened in Executive Session at 9:24 p.m. on Tuesday, July 24, 1990 and adjourned at 10:06 p.m. as allowed under Article 6252-17 Section 2 (e) and Senate Concurrent Resolution 83. After opening the meeting to the public, Mayor Wolfe informed those present that the public hearing on this item had been left open from the June 26, 1990 City Council meeting and had been tabled to tonight's date. Mayor Wolfe then asked for those persons who wished to speak against the proposed amendment; there were none. He then asked for those persons who wished to speak in favor of the proposed amendment; again, there were none. The public hearing was declared closed. Director of Planning and Community Services Gary Sieb made the presentation to the City Council. Councilman Weaver requested that the city obtain results of aircraft noise tests that Council requested be conducted on June 8, 1990. Council questioned if any agreement had been obtained between the developer of the proposed zoning request and the Cistercians. Staff indicated that no approval or agreement on the drainage had been worked out at this time. Following discussion on this item, Mayor Pro Tem Smothermon moved 1) that the amendment to site plan for Case PD- 109 be approved to PD-SF-9 with the stipulations that the cul-de- sac on Post Oak Drive and Bealle Lane be moved to the west to accommodate four more lots for a sub total of eight additional lots and a total of 146 lots in the development, 2) that all of the applicable items as stated in an attached list of 21 total items approved by the Planning and Zoning Commission be included with the exception of Item 2 and 21. A copy of these provisions is titled C.~ty Council Agenda Items 12 and 13 - july 24, 1990, and is stamped as being forwarded to the Mayor and City Council on July 24, 1990. This list of 21 items is included as a permanent part of the zoning file in the Planning Department. The motion went on to state the following additional stipulations. They are as follows: 3) that the applicant will pave two lanes of State Road from the south property line to Thweatt Road and 4) that the screening wall along Page 5 of 8 State Road would be constructed and 5) that the potential purchasers be notified of the proximity of the D/FW Airport to this property. Councilman Morton seconded the motion. Following further discussion, Councilman Mayor Pro Tem Smothermon amended the motion on the fifth stipulation to read as follows; 5) that due to the proximity of D/FW Airport to the Oakbend subdivision, purchasers of homes shall be notified and required to sign an affidavit similar to the MUD notification required by state law; that this notification shall become a part of all executed earnest money contracts; that the notification shall contain, but not be limited to, that there may be occurrences of ambient aircraft noise due to aircraft overflights, which is due to the possible extension of D/FW Airport; and that an executed notification shall be supplied to each homebuyer at the time a contract is executed. Councilman Morton seconded the amendment; motion and amendment both carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion; and Councilmen Weaver, Thomas and Cowman voting against the motion. Item 13 Consider approval of a Final Plat and Concept Landscape Plan for the Oakbend Addition, located near the southeast corner of Thweatt Road and State Road, at the request of Centex Corporation. Following discussion on this item, Mayor Pro Tem Smothermon moved that the final plat and concept landscape plan for the Oakbend addition be approved subject to all zoning conditions reflected in Item 12 of this same Council meeting. Councilman Morton seconded the motion; motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Morton, Robertson and Nelson voting in favor of the motion and Councilmen Weaver, Thomas and Cowman voting against the motion. Item 14 Mayor's Report The following items were reported under the Mayor's Report: A) Mayor Wolfe informed the Council that he, along with Mayor Pro Tem Smothermon, City Manager Alan D. Ratliff, and Deputy City Manager/Finance Director Frank Trando, would be traveling to New York on a bond rating trip. B) Mayor Wolfe also informed Council that the Metrocrest Chamber is in need of a definite count for the Toronto economic trip which is scheduled for September 22 through September 28. Council members were asked to contact Executive Secretary Sharon Taylor to confirm attendance at this meeting. C) Mayor Wolfe stated that Council has once again been contacted to consider decreasing the turnaround time for the platting process. Discussion was held by Council concerning a study committee already in place to address these concerns. Mayor Wolfe requested that if this committee does not show Councilman Weaver as Chairman of the committee that the change be made. D) Councilman Weaver informed the Council of the Recycling Committee's status and stated they are at the point of determining the type of surveys to determine the extent of the recycling project in Coppell. Councilman Weaver questioned what funds would be available and how to proceed in obtaining these funds. The three types of survey being considered are telephone, mail or professional. During discussion, it was determined that Councilman Weaver would contact Texas Waste Management to see if they would fund a mail survey to the citizens. E) Councilman Morton informed Council that he had attended a TML Legislative Policy Committee meeting on Community and Economic Development. At this meeting, discussion was held concerning the discontinuance of impact fees. Page 6 of 8