PD178-AG 990713AGENDA REQUEST FORM
ITEM # _~__
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-178, Town Center West, zoning change request from C
(Commercial) to PD-C (Planned Development, Commercial) to allow the dedication of Town Center West
Boulevard right-of-way and the development of commercial buildings on 4.7 acres of property located along
the west side of N. Denton Tap Road, approximately 280' north of North Texas Court, and authorizing the
Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Council unanimously granted this zoning change request on May 11, 1999.
Staff recommends approval.
DIR. INITIALS: ~, FIN. REVIEW: '~
Agenda Request Form -[Revised 2/99
CITY MANAGER REVIEW:
Document Name: ~PD178o
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from TC (Town Center) to TC-S.U.P. (Town Center, Special
Use Permit), to allow a 3,600 square foot private club
restaurant to be located at 106 N. Denton Tap Road, and
authorizing the Mayor to ai~n.
Consider approval of an Ordinance for Case No. 8-1160,
Smoothie Factory, zoning change request from TC (Town
Center) to TC-S.U.P. (Town Center, Special Use Permit),
to allow a juice store to operate in Elennor's Square
located at 230 N. Denton Tap Road, and authorizing the
Mayor to sign.
Consider approval of an Ordinance for Case No.
PD-157R5, V~lley Ranch Plaza, zoning change request for
property zoned LI (Lifht Industrial) to PD-C (Planned
Development, Commercial) to allow a site plan
amendment to incorporate a new 10,000 square foot
retail building to an existing commercial planned
development located at the southwest corner of 8.
Beltline Road and S. MacArthur Bird., and authorizing the
Mayor to si~n.
Consider approval of an Ordinance for Case No. PD-178,
Town Center West, zoning change request from C
(Commercial) to PD-C (Planned Development,
Commercial) to allow the dedication of Town Center West
Boulevard right-of-way and the development of
commercial buildings on 4.7 acres of property located
along the west side of N. Denton Tap Road, appro~4mately
280' north of North Texas Court, and authorizing the
Mayor to sl~n.
Consider approval of a Resolution supporting the National
Low-Sulfur Gasoline and Tier 2 Emission Standards
proposed by the Environmental Protection Agency, and
authorizing the Mayor to sign.
Item H was pulled for separate consideration.
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Item A, B, C, D, E, F, G and I --
Mayor Pro Tem Tunnell moved to approve Consent Agenda Items A, B carrying
Ordinance No. 99883, C carrying Ordinance No. 91500-A-222, D carrying
Ordinance No. 91500-A-223, E carrying Ordinance No. 91500-A-224, F
carrying Ordinance No. 91500-A-225, G carrying Ordinance No. 91500-A-226
and I carrying Resolution No. 071399.1. Councilmember Peters seconded the
motion; the motion carried 5-0 with Mayor Pro Tem Tunnell and
Councilmembers Peters, Keenan, Wheeler and York voting in favor of the
motion.
Item H ---
Gary Sleb, Dwector of Planning and Community Services, made a presentation
to the Council.
Mayor Pro Tern Tunnell moved to approve Consent Agenda Item H carrying
Ordinance No. 91500-A-227. Councilmember Wheeler seconded the motion.
City Attorney Peter G. Smith indicated the following could be added to the
ordinance: 1) the City agrees to construct the Town Center West Boulevard at
its cost; 2} the City agrees to construct the sidewalk within the 10' sidewalk
utility easement at its cost; 3) the City agrees to construct the retaining wall at
its cost; 4} the City agrees not to impose any future street assessments against
the property; 5) the developer or owner will not be required to place any
existing electrical facilities (which consist of a TU Electric feeder line) under
ground; and 6) an additional speed hump will be installed if it is determined
feasible by the City Engineer and if it does not conflict with the approved curb
cuts. Mayor Pro Tem Tunnell inquired about the electrical line being placed
underground. City Attorney Peter G. Smith indicated the line was a feeder line
and it would not be feasible to place it underground.
Mayor Pro Tem Tunnell moved to amend her motion to include the following
additions: 1) the City agrees to construct the Town Center West Boulevard at
its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk
utility easement at its cost; 3) the City agrees to construct the retaining wall at
its cost; 4) the City agrees not to impose any future street assessments against
the property; 5) the developer or owner will not be required to place any
existing electrical facilities (which consist of a TU Electric feeder line) under
ground; and 6) an additional speed hump will be installed if it is determined
feasible by the City Engineer and if it does not conflict with the approved curb
cuts. Councilmember Wheeler seconded the motion to amend; the motion to
amend carried 5-0 with Mayor Pro Tern Tunnell and Councilmembers Peters,
Keenan, Wheeler and York voting in favor of the motion to amend.
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Patgg 5 of 12
Councflmember Keenan had some questions regarding the assisted living use
and landscape requirements and where there had been a meeting of the minds
on these issues. Mr. Sieb indicated there had been no agreements regarding
those two issues.
A vote was taken on the motion as amended; the motion carried 5-0 with
Mayor Pro Tem Tunnell and Councilmembers Peters, Keenan, Wheeler and
York voting in favor of the motion.
After Item 16 City Attorney Peter O. Smith advised that the Applicant for the
Town Center West proposal had requested their item be reconsidered as they
needed the variation regarding the planting islands. Mayor Sheehan called for
an Executive Session.
EXECUTIVE SESSION (Closed to the Public)
Convene Executive Session
A. Section 551.071, Texas Government Code - Consultation
with City Attorney.
Mayor Sheehan convened into Executive Session at 8:24 p.m. as allowed under
the above-stated article. Mayor Sheehan adjourned the Executive Session at
8:37 p.m. and reconvened the Regular Session.
REGULAR SESSION
(Open to the Public)
City Attorney Peter G. Smith advised that prior to the Executive Session he had
relayed a request from the Applicant of Town Center West to reconsider his
item. The options would be to do nothing and continue on with the agenda,
pass a motion for reconsideration and reconsider the item, or pass a motion for
reconsideration and table the matter until a later meeting.
Councilmember Keenan moved to reconsider Item 8H. Councilmember Peters
seconded the motion; the motion carried 5-0 with Mayor Pro Tem Tunnell and
Councilmembers Peters, Keenan, Wheeler and York voting in favor of the
motion.
Councilmember Keenan moved to postpone consideration of Item 8H until the
July 27, 1999 City Council meeting. Councilmember Peters seconded the
motion; the motion carried 5-0 with Mayor Pro Tem Tunnell and
Councilmembers Peters, Keenan, Wheeler and York voting in favor of the
motion.
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