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PD178-AG 990511AGENDA REQUEST FORM ITEM CAPTION: SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: PUBLIC HEARING: Consider approval of 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. APPROVED BY 'CITY COUNCIL DATE - Date of P&Z Meeting: April 15, 1999 Decision of P&Z Commission: Approved (7-0) with Commissioners Nesbit, McGahey, Kittrell, Lowry, McCaffrey, Halsey and Stewart voting in favor. Approval recommended subject to the following conditions to this Conceptual Planned Development: 1) No permits for development will be issued until a Detailed PD is approved through the Public Hearing process. 2) The elements contained in the January 14, 1999, letter are complied with (copy attached). 3) A'rSq;mdscaped buffer will be provided between the wall and proposed Town Center West Boulevard, with accompanying 5' reduction in the front building line being possible. Staff recommends approval of this request. DIR. INITIALS: ~- Agenda Request Form - Revised 2/99 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: ~PD178tc Estate of Joe C. Hinckley, et al April 23, 1999 Mr. Gary L. Sieb, AICP Director of Planning & Community Service City of Coppell P.O Box 478 Coppell, Texas 75019 RE: Case No. PD-178, Town Center West VIA FAX and U.S. Mail Dear Gary, This letter is to clarify issues raised by your letter dated April 16, 1999 and comments made at the Planning & Zoning meeting on April 15*. The Estate is uncomfortable with the changes requested by the Planning & Zoning committee and is unable to comply with your requests. As you know, a significant amount of time, effort and costs have been spent in an effort to accommodate the City request of 14 feet of additional ROW to be dedicated. The Estate wants to continue to work with the City and accommodate it fairly, as it has on prior occasions. However, the agreements must be fair for both parties and not further injure the Estate's development of the property. The request for additional changes will have a serious negative impact on the property, and violate the intent and spirit of the prior agreements reached with the City Staff. However, the Estate remains willing to grant up to 14 feet for the right of way on the road expansion conditioned upon its previous written statements and the prior mutual agreements. The Estate is relying upon the following documents and understandings in such dedication: 1. Acceptance of the Planned Development document for PD-178 as previously submitted with concept plan its exhibit. (copy attached) 2. Curb cut spacing, access and parking generally shown on concept plan, especially on the Eastern Site. 3. The ROW width up to 14' and Landscape Area shall remain as submitted on concept plan. 4. Permits shall be issued upon customary site plan approval at the time of development. When the Estate was initially approached by Ken Griffin in 1997 for a second access point to the High School, the Estate indicated a willingness to work with the City of Coppell provided its property was not further damaged or have extra cost burdens, or have its development potential injured. Our position has not changed. Please consider these facts: 1. In the late 1980's when the school district was contemplating acquiring the school site from the Delman Theater, we raised the issue of secondary street access and discussed the possibility of Mills Lane becoming a 28 foot wide street (measured from back of curb) using the existing school 24 foot ROW as its centerline. The property owners on either side would donate an additional 8 feet of ROW to permit public access. The school district and City rejected the proposal in 1989. Saying secondary access would not be needed. Later the City allowed Huntington Ridge subdivision to be built in 1993 on the property line with the construction of the brick wall on the Northern edge of the 24 foot City ROW, and again in August of 1994 the City allowed 2 more single family lots on a Re-plat; further extending the brick wall. 2. During discussions with Ken Griff'm in 1997, the Estate brought to his attention the above history and noted the City & Schools rejection of a secondary road access in the late 1980's 12201 MERIT DRIVE / surrE 170 / DALLAS, TEXAS 75251 / (972) 991-4600 / FAX (9/2) 991-7500 April 23, 1999 Page 2 3. Initially our discussions with the City Engineer in 1997 centered around moving the ROW South 5-6 feet of the proposed road and after lengthy negotiations it was resolved by both the City Engineer and our Engineer to be 14 feet. 4. Since the area North of the existing 24 foot City ROW is now confined by the brick wall of the single family subdivision, why should the burden of the additional ROW shii~ to now only have impact to the estate and further damage the investment backed expectations it holds for the properly. 5. For the Estate to now be further penalized by the request for an additional 5 feet of ROW after it very reluctantly agreed to a final and lengthy resolution of 14' of ROW is not fair or acceptable to the Estate. 6. We have tried on many occasions to assist and work with the City and adjacent homeowners and we still are working toward that end. Our position remains that the resolution reached should not be changed. The Estate does not want to be continually penalized and believe the additional 5 feet is a further penalty and makes the development concept unworkable and not financially feasible. It appears that if the City desires to increase the safety measure on the North side oftbe road, the City can accomplish this goal through a guard rail at the time of construction of Town Center West. The issue is not an additional five feet of space, rather it is to prevent a potential penetration of the wall by vehicular traffic. As you know the City approached us with this need of right of way and we have worked hard to achieve a solution that works for both parties. Hopefully this letter clarifies the basis on which the Estate is willing to proceed with a dedication of ROW, permit us to return back to place of agreement and a solution that is achievable for the City in the near future. Yours truly, Alen ~ Estate of Jce C. Hinckley et al Enclosures- PD 178 & Exhibit CC: Ken Griffin - City Engineer Bill Anderson - Dowdy Anderson & Assoc. CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: PD-178, Town Center West P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: CURRENT ZONING: REQUEST: April 15, 1999 May 11, 1999 Along the west side of N. Denton Tap Road, approximately 280' north of North Texas Court. 4.7 acres of property. C (Commercial) PD- C (Planned Development, Commercial) APPLICANT: Owner: Estate of Joe Hincldey Engineer: Dowdey, Anderson, and Assoc. 5225 Village Creek Dr. Suite 200 Plano, TX. 75093 (972) 931-0694 Fax: (972)931-9538 HISTORY: There has been no recent development history on the subject tract. TRANSPORTATION: Denton Tap Road is a P6D, six lane divided thoroughfare contained within 110-120 feet of right of way. Proposed Town Center Blvd. West will be a 27-foot wide local street allowing access to the Coppell High School property SURROUNDING LAND USE & ZONING: North- existing single-family development; PD-129, SF-9 South - vacant; "C", Commercial East- Comerica Bank; "TC' Town Center West -single family housing; SF-12 Item # 7 COMPREHENSIVE PLAN: DISCUSSION: The Comprehensive Plan shows the property as suitable for retail, commercial uses. This is an unusual case in that the owner of the property (the estate of Joe Hinckley) has agreed to submit a PD, even though there are currently no concrete plans to develop this parcel of land. The PD has been submitted for basically two reasons: 1) the community needs another access point to the high school 2) the estate of the landowner is willing to submit a conceptual PD application to accommodate our wishes, and locate the street Today we have 24 feet of row adjacent to, and on the south side of the screening wall of the Huntington Ridge subdivision. In an attempt to offer additional landscaping outside the wall, we suggest the road be moved to the south far enough to permit a 10-foot landscape buffer next to the wall. The estate of the land owner is agreeable to moving the road because it will give him access to the road, the road will be built immediately, thus making the land more attractive to development, the PD gives him flexibility in his development planning, and if he maintains the landscape area, he will receive credit for plant material when he develops his property. The City will build a sidewalk on the south side of the road, thus offering pedestrian access from the school to Denton Tap Road. By landscaping the north side of the road, we will screen a portion of the privacy wall, provide additional trees on the property (both over-story and ornamental), and generally enhance the outside of the wall. We do recognize that several large trees will be removed for construction of the new street, but by moving the street off the screening wall property line and replacing potential concrete with landscaping, a positive trade-off occurs. Many of these issues were discussed with the landowner in January, and a copy of our January 14, 1999 letter is attached as reference material for this application. The letter was the result of a Council workshop to discuss this access point into the high school property, and Council's directive to move forward with this project. The sidewalk issue has been clarified with the City paying for it. Many of the issues will not be resolved, of course, until concrete plans for development of the property have been submitted including the landscaping, hence, the request for a Conceptual PD. Review of the Detailed Site Plan will require public hearing, so additional citizen input can be offered at that time. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of the Conceptual PD provided: -no permits for development will be issued until a Detailed PD is approved. Item # 7 -the elements contained in the January 14, 1999 letter are complied with (copy attached) -abide by comments of other departments (Engineering) ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request ATTACHMENTS: 1) Conceptual PD Plan 2) Conceptual PD Ordinance 3) Conceptual Landscape Plan 4) Access Road Plan 5) January 14, 1999, Letter of Discussion 6) Department Comments (Engineering) Item # 7 DE VEL OPMENT RE VIE W ENGINEERI_NG COMMENTS ITEM: DRC DATE: CONTA CT: PD-178, Town Center West, a 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 3 commercial buildings on 4. 7 acres of property, located along the west of N. Denton Tap Road, approximately 280' north of North Texas Court, at the request of Dowdey, Anderson & Associates. March 25, 1999 and April 1, 1999 Mike Martin, P.E., Assistant City Engineer (972-304-3679) COMMENT STA TUS: DD~T 171,II'AI'A DV Show the existing ROW width of Denton Tap Road. A 10' sidewalk easement may be needed on Denton Tap Road, depending on the width of the right-of-way. Minimum driveway spacing for a 30 mph street is 90'.