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Big Cedar/FP-AG 911112 , AGENDA REQUEST FORM ITEM CAPTION: Consideration and approval of final plat for the Big Cedar Addition, located along the west side of Bethel Scbool Road (north/south) and north of Bethel Road at the request of Matthews Southwest. SUBMITTED BY STAFF RE C~ary .ql ~h i OTHER REP.: EVALUATION OF ITEM: DATE: Date of P & Z Meeting: October 17, 1991 Decision of P & Z: Approval Please see attached staff report for further details. Also, please see Paragon Cable letter received after planning commission had acted on this case. Staff will address Paragon's concerns at the Nov. 12th Council Meeting. The issue involves an agreement by Paragon Cable to place their cable underground at the request and expense of the Developer. ' ~T +/- BUDGET FIN~C~ ~EW BY COMMENTS: LEGAL REVIEW BY: REVIEWED BY CM: ,..-.(..~_./ L',.... AGENDA REQUEST FORM REVISED 1/91 CITY OF COP?ELL PLANNING DEPARTMENT STAFF REPORT BIG CEDAR ADDITION - FINAL PLAT P & Z HEARING DATE: October 17, 1991 C. C. HEARING DATE: November 12, 1991 LOCATION: Along the west side of Bethel School Road (north/south), and north of Bethel Road. SIZE OF AREA: 18.14 acres of which 3.87 acres is dedicated park land; 41 lots. REQUEST: Approval of a final plat request APPLICANT: Matthews Investments Goodwin and Marshall, Inc. (Developer) (Engineers) Mr. Tim House Mr. Matt Goodwin 5220 Spring Valley Road 6001 Bridge Street Suite #500 Suite #100 Dallas, Texas 75240 Ft. Worth, Texas 76112 HISTORY: In June of 1989, City Council recommended a change in zoning from {C) Commercial to (PD-SF-9) Planned Development Single-Family-9 on a parcel then know as "University Park" consisting of 21.5 acres, (of which this application is a part), containing 39 lots. At the same time, Council recommended approval of a 13.95 acre tract directly east of this parcel (Country Estates), to be rezoned to (SF-12) Single-Family-12, and contained 29 lots. Zoning was based on improvements being made to Bethel School Road. Because of the expense to improve Bethel - in excess of $800,000 - the road was not built and neither zoning case was platted nor built-out. TRANSPORTATION: Bethel School Road has been recommended to be down graded from a two-lane undivided 65' right-of-way collector thoroughfare to a residential dead-end street contained within a 50' right-of-way, provided zoning on both sides is residential. ITEM 14 SURROUNDING LAND USE & ZONING: North - sin§le-family residential; (PD-SFo9) zonin§ South - undeveloped sparsely developed residential; (C) Commercial zonin§ East - undeveloped; (C) Commercial zonin§ West - single-family & vacant: (PD-SF-9) & (SF-9) zoning COMPREHENSIVE PLAN: The plan calls for low density, single-family development. ANALYSIS: On October 8, City Council approved a PD zoning request on this property and a preliminary plat application subject to several conditions, including: 1) that the developer limit the number of exceptions to the side yard setback to 14 lots; and show on the plat; 2) that they address the entry with a monument sign and landscaping similar to Creekview Estates entry; 3) that they address the access easement/abandonment along Lot 1 with a sidewalk and landscaping; 4) that a 10 foot drainage easement be included with the 7.5 foot utility easement on the north-western boundary, adjacent to Lots 16-19; 5) that a 30 foot front yard setback, with at least two four inch caliper trees per lot, with landscaping and irri§ation to be provided on Lots 37-41; 6) that 22 foot front yard setbacks be allowed on Lots 3, 4 and 5; 7) that a greenbelt pathway be provided from the access easement to the existing Anderson Park, with developer costs not to exceed $7500.00 In addition, the street names shown on this plat must be changed because of similarities with existing street names. Also, these conditions need to be reflected on the face of the plat: 8) Harris Street is still officially known as Bethel School Road, the plat should so indicate; 9) an indication that flood plain removal is appropriate here. ALTERNATIVES: 1) Approve the final plat 2) Deny the final plat 3) Modify the final plat ATTACHMENTS: 1) Final Plat BIGCEDRF.STF MEMO TO: Mayor and Council VIA: Alan D. Ratliff, City Manager FROM:~Gary~ L. Sieb, Director of Planning & Community Services SUBJECT: PARAGON CABLE LETTER OF OCTOBER 28, 1991 DATE: November 7, 1991 After reading the October 28 Paragon Cable TV letter, it might be wise to enlighten Mayor and Council on facts relevant to this platting hearing. The concerns expressed by Mr. Macioch, Paragon's engineer, first came to my attention after the Planning Commission had approved the final plat, (October 24) in a telephone conversation between me and Buzz Nesbitt. I was asked by Buzz to contact Bob Macioch. In talking with Bob, I suggested that he draft the October 28th letter, explaining the dialogue between the developer and Paragon. It is my understanding that Paragon is agreeable to the developers request to substitute underground for overhead line if the developer is willing to pay for the improvement and proper notation is placed on the plat for underground location. I have personally recontacted Paragon and the developer and have been assured they are working out an agreement acceptable to all parties. I will be prepared to convey the results of their negotiation at the public hearing and will recommend the appropriate Council action at that time. GLS/lsg MACIOCH.PAR PARAGON October 28, 1991 City of Coppel Attn: Mr. Gary Sieb Director of Planning Dear Mr. Sieb, A few weeks ago Paragon Cable was asked by representatives of the developers of Big Cedar Addition to sign off the plat so it could go to City Council for approval. After reviewing the plat it was noted that the City Right of Way for part of Bethel School Road was to be abandoned. We see no problem with this except that the developers requested that our facilities be removed from the existing aerial feed and be relocated underground on the east side of the easement. The representatives were told that we would accord them this move but Paragon would have to be reimbursed. On 10/25/91 Paragon received the final plot that was approved by the City of Coppell Planning Department, still without Paragon's signature and the same abandonment of the Right of Way. We respectfully request that this Plat not be approved or put on the City Council Agenda until Paragon signs off and has reached an agreement with the developers for reimbursement for the moving of our facilities. Thank you in advance for your co operation in this matter. Director of Engineering cc: Buz Nesbit 209 South Rogers, Irving, Texas 75060 214/259-8850 by American Television & Communications Carp. and Houston Industries Inc. Smothermon moved to approve a preliminary plat for Gibbs Station, Phase I Addition, located along the east side of MacArthur Blvd. north of Parkway Blvd., at the request of Heath & Knight Properties, with the following four conditions as approved in item #26: 1) Front lots be allowed on Village Parkway which is a collector street, 2) Gibbs Crossing between blocks A and B south of Village Parkway be allowed to have a length of +/- 1600 feet, 3) lots 15-19, Block A are approved without alleys in the rear, lots 1-42 in Block E are approved without alleys in the rear, and 4) prospective buyers be provided a single page 8-1/2 x 11" sheet disclosing the existence of the Lakes of Coppell Homeowners Association indicating the tax rate at the time and this be provided to them at the time the earnest money contract on the home is executed. Councilman Morton seconded the motion. Discussion followed. Ray Warren of 2215 Lakeland in Carrollton, owner of the land made presentation regarding street names. The motion carried 6-0, with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, and Nelson voting in favor of the motion. Item 28 PUBLIC HEARING: Consideration and approval of a zoning change for Case #PD-122, (Gibbs Station Addition, Phase II) from MF-2 to PD-SF-7, located along the east side of MacArthur Blvd. and north of Village Parkway, at the request of Heath & Knight Properties. Planning and Community Services Director Gary Sieb made a presentation. Mayor Wolfe declared the Public Hearing open and asked if there were any persons who wished to speak in favor of or in opposition to the plan and fees. There being no persons who wished to speak, Mayor Wolfe declared the Public Hearing closed. Discussion followed. Councilman Morton moved to approve a zoning change for Case #PD-122, (Gibbs Station Addition, Phase II) from MF-2 to PD-SF-7, located along the east side of MacArthur Blvd. and north of Village Parkway, at the request of Heath & Knight Properties, with the following five conditions: 1) 20 foot front yard building line on lots 1-5, Block G, 2) 55% lot coverage, 3) 5 foot side yard side building line (interior lots), 4) 62' minimum lot width on Block G, Lots 1-15, 5) prospective buyers be provided a single page 8-1/2 x 11" sheet disclosing the existence of the homeowners association indicating the tax rate at the time and this be provided to them at the time the earnest money contract on the home is executed. Councilman Robertson seconded the motion. The motion carried 6-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, and Nelson voting in favor of the motion. Item 29 Consideration and approval of a preliminary plat for Gibbs Station Addition, Phase II, located along the east side of MacArthur Blvd. and north of Village Parkway, at the request of Heath & Knight Properties. Mayor Pro Tem Smothermon moved to approve a preliminary plat for Gibbs Station Addition, Phase II, located along the east side of MacArthur Blvd. and north of Village Parkway, at the request of Heath & Knight Properties, with the following five conditions as approved in item #28: 1) 20 foot front yard building line on lots 1-5, Block G, 2) 55 % lot coverage, 3) 5 foot side yard side building line (interior lots), 4) 62' minimum lot width on Block G, Lots 1-15, 5) prospective buyers be provided a single page 8-1/2 x 11" sheet disclosing the existence of the homeowners association indicating the tax rate at the time and this be provided to them at the time the earnest money contract on the home is executed. Councilman Nelson seconded the motion. The motion carried 6-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, and Nelson voting in favor of the motion. Item 30 Consideration and approval of a final plat for the Big Cedar Addition, located along the west side of Bethel School Road (north/south) and north of Bethel Road at the request of Matthews Southwest. Planning and Community Services Director Gary Sieb made a presentation. Tim House representing Matthews Southwest made a presentation, requesting waiver of park fees in lieu of donation of park property, and stated that the developer does not feel changing the line from overhead to underground should be their responsibility because the road change will benefit others besides their development. Bob Macioch representing Paragon Cable, made a presentation stating their position, that if the City requests them to move the line they have to do it under franchise, but that the cost would be borne by the subscribers, while the direct benefit of the move is to the developer therefore the cable company should be reimbursed for the expense. Discussion followed including that when the other utilities on this road are relocated such as GTE and TH they do not charge for the moving of those lines, they justify it on the basis of the additional customers that will be coming on line. Consensus of Council was that the cable company should pay for moving the line. Consensus of Council was in opposition to the waiver of the park fees. Mayor Pro Tern Smothermon moved to approve a final plat for the Big Cedar Addition, located along the west side of Bethel School Road (north/south) and north of Bethel Road at the request of Matthews Southwest, with two stipulations: 1) that the cost of moving the cable television transmission line to be underground be borne by Paragon Cable, and 2) that the request for waiver of park fees is denied. Councilman Thomas seconded the motion. The motion carried 6-0, with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, and Nelson voting in favor of the motion. Item 31 Discussion and consideration of re-scheduling and/or canceling the regular City Council Meeting of November 26, 1991. Councilman Morton moved to have the Council meeting as scheduled on November 26, 1991. Councilman Robertson seconded the motion. Staff had requested that the meeting be held as regularly scheduled. Mayor Pro Tern Smothermon stated that he would not be able to attend. The motion carded 6-0, with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Robertson, and Nelson voting in favor of the motion. Item 32 Mayor's Report A. Mayor Wolfe stated that a request has been received from Mayor Gravely in Carrollton requesting support of repealing the Wright Amendment. The Transportation Committee has voted to support Mayor Gravely and requested staff to bring forward a resolution similar to the one by Carrollton at the November 26 City Council meeting. B. Mayor Wolfe stated that the Coppell Football Association has requested use of the City Council Chambers. Current policy is to not allow outside organizations to use Council Chambers, however they are allowed to use other meeting rooms in the building. Nine Boards and Commissions use the chambers and are on call for frequent special called meetings. Discussion followed. Consensus was against changing the present policy. C. Mayor Wolfe presented the idea of forming a Personnel Policy Study Committee. Mayor Wolfe indicated that Councilmen Robertson and Morton would be two members of this committee and requested an item be brought forward at the next City Council meeting. D. Councilman Weaver requested clarification regarding the Christmas tree and decoration plans. E. Mayor Pro Tem Smothermon requested that Staff provide the Tax Abatement Ordinance for Council consideration at the November 26 City Council meeting. F. Councilman Robertson complimented Rick Wieland on grant from Texas Parks and Wildlife Department. Item 33 Liaison Reports A) ARCHITECTURAL REVIEW COMMITTEE FOR TOWN CENTER There was no report at this time. B) CHAMBER OF COMMERCE COMMITTEE There was no report at this time. C) COPPELL HISTORIC DISTRICT Councilman Nelson reported that the Historical Committee met the previous night. Special variances are being requested for two buildings because of their age. The