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Lake Park/Re-AG 940111The Cl(y ~ ^ B~ufi~ Fu~um AGENDA REQUEST FORM CITY COUNCIL ~G ._lan,tory ITEM NUMBER ITEM CAPTION: PUBLIC HEARING: Consideration and approval of the Replat of Lake Park Addition, Block E, Lots 10-14,17,19-22,24-25, located west of MacArthur Boulevard, along DeForest Road and Lake Park Drive, at the request of Glen Hinckley. SUBMITTED BY: STAFF REP.: Gary ~.~of OTHER REP.: DATE: EVALUATION OF ITEM: Date of P&Z Meeting: December 16, 1993 Decision of P&Z Commission: Approval (5-0-1) with Commissioners Alexander, Wheeler, Meador, Redford and Hildebrand voting in favor. Commissioner Thompson abstained due to possible conflict of interest. Chairman Tunnell was absent. The following condition applies: (1) The Maintenance and Access Agreement be implemented BUDGET AMT. AMT. +/- BUDGET LEGAL REVIEW BY: AGENDA REQUEST FORM REVISED 2/93 AMT. ESTIMATED ~ FINANCIAL REVIEW BY ~' - ~ REVIEWED BY CM/~/ CASE; CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Replat of Lake Park Addition, Block E, Lots 10- 14,17,19-22,24-25 P & Z HEARING DATE: C. C. HEARING DATE: December 16, 1993 January 11, 1994 LOCATION: West of MacArthur Boulevard, along Deforest Road and Lake Park Drive SIZE OF AREA: CURRENT ZONING: Tract 1 contains five lots of 1.77 acres; Tract 2 is one lot containing approximately 9,800 square feet; Tract 3 shows four lots with a total of 39,728 square feet; Tract 4 consists of two lots with 19,127 square feet. PD SF-7 REQUF3T: APPLICANT: HISTORY: Replat property to add land to lots 10-14, Block E; lot 17, Block E; lots 19-22, Block E; lots 24-25, Block E Univest Properties Corp (Owner of some lots) Glen Hincldey 12201 Merit Drive Dallas, TX 75251 991-4600 Dowdey, Anderson & Assoc. (Engineer) Bill Anderson 16250 Dallas Pkwy, Ste. 100 Dallas, TX 75211 931-0694 On September 16, 1993, Planning Commission recommended approval of a replat which included all the lots affected by a flood plain discrepancy with the exception of lot 16. By the time the replat was forwarded to Council on October 12, several neighbors included within the plat had concerns which had not been resolved, and the applicant asked to have the plat denied. Council denied the request. On November 18, the applicant resubmitted the plat, and this time four lots were left off the replat document. Because of a problem with access to maintain land areas behind the four lots, Commission denied the plat. It is now being reconsidered in the same form as the November 18 submittal. TRANSPORTATION: Item 6 MacArthur Blvd. is a six-lane divided thoroughfare serving this property SURROUNDING LAND USE & ZONING: North - South - East - West - flood plain; C single family; PD-SF-7 single family: PD-SF-7 single family; PD-SF-7 COMPREHENSIVE PLAN: The Plan shows single family uses as most appropriate for this area ANALYSIS: ATTACHMENTS: This is the same plat that was submitted for the November Planning Commission hearing (see History section, above). At that meeting, staff expressed concern that the lots which were not included in the replat had no access to the unplatted property behind them for maintenance. An instrument was presented Coy the applican0 to the Commission at the public hearing which, in essence, stated that the property owner included in the replat adjacent to the unplatted property would agree to maintain that unplatted land behind his neighbors lot. Staff had not seen the exhibit, and although the applicant asked to have the plat approved conditioned upon the exhibit/instrument being accepted by the city, staff urged Commission to deny the plat, forward the instrument to our legal counsel and, based on legal's opinion, take appropriate action at a later public meeting. Commission denied the plat and directed staff to forward the instrument to legal counsel for review. Our attorney has recommended that we not endorse the instrument presented at the November hearing. He has stated that the instrument is, in essence, a contract between individuals,and the city should not be a party to such an agreement. He went on to state that approval of the plat would be appropriate if there is a lawful means to maintain the unplatted parcels, such as an easement from the public right-of-way to the unreplatted sections of the leave out tracts. Because we have not received anything that addresses this possible solution to the problem, staff will recommend denial unless a lawful means is introduced to maintain the leaveouts such as access easements, and they are so noted on the face of the plat document. 1) Approve the Replat 2) Deny the Replat 3) Modify the Replat 1) Replat Document 20. Consideration and approval of Valley Ranch Self Storage Addition, Preliminary Plat, located along the south side of Beltline, 1,320 feet east of MacArthur Boulevard, at the request of Robert Gross. Gary Sieb, Director of Planning and Community Services made a presentation to the Council. Councilmember Reitman moved to approve Valley Ranch Self Storage Addition, Preliminary Plat, located along the south side of Beltline, 1,320 feet east of MacArthur Boulevard with the following conditions: 1) if, for some reason, the Valley Ranch Baptist Church fails to develop, then the Valley Ranch Self Storage will be required to extend the water and sanitary sewer line from its existing location at the Tom Thumb Shopping Center to the site; and 2) that the 30-foot easement on the back side of the property not be a requirement of plat approval. Councilmember Mayo seconded the motion; the motion carried 5-2 with Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting in favor of the motion and Mayor Pro Tem Robertson and Councilmember Watson voting against the motion. 21. Consideration and approval of Valley Ranch Baptist Church Addition, Preliminary Plat, located along the south side of Boltline, 8~ feet east of MacArthur Boulevard, at the request of Jim Riley. Councilmember Mayo moved to approve the Valley Ranch Baptist Church Addition, Preliminary Plat, located along the south side of Beltline, 825 feet east of MacArthur Boulevard with the following conditions: 1) the building must be fully sprinklered; 2) as new buildings are added to the platted site, fire lanes must be replatted prior to construction of any additional structure; 3) applicant comply with the Streetscape Plan; and 4) that the 30-foot easement on the back side of the ~ not be a requirement of plat approval. Councilmember Garrison seconded the motion; the motion carried 5-2 with Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting in favor of the motion and Mayor Pro Tem Robertson and Councilmember Watson voting against the motion. 2e PUBLIC HEAR~G: Consideration and approval of ~1073, Special Use Permit site plan for a driving range, to change the zoning from A to A.S.U.P., located at the northwest corner of I.H. 635W and Boltline, at the request of Mr. Will~m PoweH. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council and discussed this applicant's request that this be a temporary S.U.P. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. William Powell, Applicant, made a presentation to the Council. Councilmember Reitman moved to leave the public hearing open and continue to the February 8, 1994 City Council Meeting. Councilmember Stahly seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Items 9 and 10 were considered at this time. See Items 9 and 10 above for minutes. PUBLIC HEARING: Consideration and approval of the Replat of Lake Park Addition, Block E, Lots 10-14, 17, 19-22, 24-25, located west of MacAr~ur Boulevard, along DeForest Road and Lake Park Drive, at the request of Glen tIincldey. Councilmember Reitman filed a conffict of interest and abstained from discussion or voting on this item. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to CM011194 speak against this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Jeffrey Dixon, 559 Lake Park Drive and Dan Boyer, 591 Lake Park Drive indicated their desire to have this item approved. Mayor Morton then closed the Public Hearing. Bill, Dalstrom, representing Univest, made a presentation to the Council. Glen Hinckey, representing Univest, addressed the Council. Following motion to deny which died for lack of second, Mayor Pro Tern Robertson moved to approve the Replat of Lake Park Addition, Block E, Lots 10-14, 17, 19-22, 24-25, located west of MacArthur Boulevard, along DeForest Road and Lake Park Drive with the following conditions: 1) the maintenance agreement to show on the face of the plat; 2) on page two of the plat under Tract II, legal description, last line should read (8,983 square feet); and 3) on page two of the plat, the paragraph following the legal description for Tract IV should have the language "Univest Properties, Inc., et al' changed to read "The Property Owners described herein' and that the 10 foot easement be removed when the plat is redone due to the easement having been abandoned previously. Councilmember Garrison seconded the motion; the motion carried 5-1 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Mayo, and Garrison voting in favor of the motion and Councllmember Watson voting against the motion. 4e PUBLIC HEARING: Consideration and approval to amend Section 31, Parking Standards, and specifi~y amend 31-6, item number 28, changing the parking requirement from one (1) parking space for each one hundred (100) sqnnre feet of floor area to one and one-half (lt~) parking spaces for each one hundred (100) ~ square feet of floor area. This item was pulled from the agenda. Consideration and approval of an ordinance approving changes to the Comprehensive Zoning Ordinance, addressing parking requirements for restaurant uses and authorizing the Mayor to sign This item was pulled from the agenda. 6e Consideration and approval of Riverchase Plaza, Preliminary Plat, located along the northeast corner of Beltline Road and MacArthur Boulevard, at the request of Riverchase Plaza, Ltd. Councilmember Reitman rejoined participation in the meeting at this point. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Don Penney, Applicant, addressed the Council regarding the project. After discussion, motion and reconsideration of motion, Councilmember Weaver moved to approve Riverchase Plaza, Preliminary Plat, located along the northeast corner of Beltline Road and MacArthur Boulevard with the following conditions: 1) the proposed 15-foot utility easement south of Riverchase Drive should be a minimum 20-foot wide; 2) a more detailed drainage study will be required before a final plat can be reviewed; 3) modification of MacArthur Boulevard median; 4) additional stacking in median with regard to southbound MacArthur traffic; 5) right turn only into the property at the southwest corner; and 6) a right turn lane from MacArthur Boulevard to Riverchase Drive, as volunteered by the applicant. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. Item 32 D was considered at this time. See Item 32 D below for minutes. C~10111~