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Smart Start Sh/FP-AG 990511~The City With A Beautiful Future AGENDA REQUEST FORM CITY COUNCIL MEETING: May 11, 1999 ITEM # __~__ ITEM CAPTION: Consider approval of the Smart Start School Addition, No. 1, Final Plat, to allow the development of an 8,909 square foot day nursery on 1.65 acres of property located along the south side of Natches Trace Drive, approximately 250' east of N. Denton Tap Road. TY DATE SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: ,PPROVED CO.UNCIL 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: (CONDITION MET) 2) The suggested wording in paragraph 2 of the agreement be placed on the face of the plat. Staff recommends approval of this request. DIR. INITIALS: Agenda Request Form - Revised 2/99 CITY MANAGER REVIEW: Document Name: ~SSSfp CASE: CITY OF COPPELL PI.ANNING DEPARTMENT STAFF REPORT SMART START SCHOOL ADDITION, NO. 1, P & Z HEARING DATE: C.C. HEARING DATE: LOCATION: SIZE OF AREA: CURRENT ZONING: REQUEST: APPLICANT: HISTORY: TRANSPORTATION: FINAL PLAT April 15, 1999 May 11, 1999 Along the south side of Natches Trace Drive; approximately 250' east of Denton Tap Road. Approximately 1.65 acres of property, for a 8,900-sq. fi. school. C (Commercial). Final Plat approval for 150 student school. Owner: J. C. Jammal 854 Pelican Lane Coppell, Tx. 75019 (972) 462-8206 Fax: (972) 393-5966 Engineer: Jones and Boyd, Inc. Chuck McKinney 16800 Dallas Pkwy., Ste.240 (972) 248-7676 Fax: (972) 248-1414 A preliminary plat and site plan was approved on the subject tract on December 8, 1998. A new middle and a new elementary school have been constructed within the last year on the parcel immediately to the east. Denton Tap Road is a PD6, six lane divided thoroughfare contained within a 100-110 foot right of way currently under construction, with a completion date projected for the summer of 1999. SURROUNDING LAND USE & ZONING: North- vacant; "C", Commercial South - vacant; "C", Commercial East - Denton Creek Middle School; SF-7 West -Denton Tap Road, vacant land; PD 133 for SF development Item # 13 COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for regional retail DISCUSSION: The Master Plan supports retail activities for this property, and the proposed day care facility is a retail type use. Staff's primary concern with the application related to access and the facility's appearance from Denton Tap Road, a Primary Image zone. This issue was addressed in the December 8 public hearing, and this application is merely the last step in the development process-- final platting. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: The planning staff recommends approval of the request subject to an agreement being reached regarding the attached Non-Exclusive Recreational Easement. We further recommend that the suggested wording in paragraph 2 of the agreement be placed on the face of the plat. In addition, the comments made by Engineering (attached) regarding the 20' off-site sanitary sewer easement must be complied with. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request ATTACHMENTS: 1) 2) 3) Final Plat Document Non-Exclusive Recreational Agreement letter Engineering comments Item # 13 MAR 2~ '99 15:47 FR NICHOLS JCKSON DLLRD 214 965 0010 TO COPPELL PZ P.O2xBJ Iq~lql' L OIU. ARD III C~k'VIO M. 81!LIqMAN NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. Attomey~ & Counselors al Law I800 Lincoln Plaza S00 North Akard Dallas, Texas 75201 (214) 965-9900 Fan (214) 965-0010 E-mail N.IDH$~N',IDHS.com Don Anderson Centex Development Company P.O. Box 199000 Dallas, Texas 75219-9000 March 19,1999 JOl'l}l II. ]~MM Ill J. ~ylO ~ III I:K)BLeRT L. DILL.'MqO. dlq. LAW~F.I'~T~ W. JACKSON Non-E~cclusive Recreational Easement Dear Mr. Anderson: Please be advised that on behalf of the City of Coppell we have rev/ewed the Non- Exclusive Recreational Easement for property owned by the Denton County Levee Improve~ent District No. 1 (L.I.D.). In reviewing this instrument, we are concerned about the non-exclusive nature of the easement. It is the City's position with regard to taking an easement for the purposes of providing a walking and bike trail and amenities relative thereto, that the Grantor would have the right and retain the right to implement other easements which would interfere reasonably or unreasonably with the use and maintenance of the City. We would by immutable to changing paragraph 2 to read as follows: "The easement fights and privileges granted herein are exclusive except that the Grantor reserves and retains the right to use the easement tract for all purposes which do not unreasonably interfer~ with the rights granted herein." With this minor change, we.w°uld be more comfortable with taking possession and spending tax money to make these improvements and ensme that there is no unreasonable interference. 24712 -MA~ 23 ,o~ 15:47 FR NICHOLS JCKSON DLLRD 214 9G$ 0010 TO COPPELL PZ Dan Anderson March 19, 1999 Page 2 If you have any questions, please feel free to contact us at your convenience. Very truly yours, NICHOLS, JACKSON, DILLARD, HAGER & SMITH, L.L.P. ffobert E. Hage~ cc: Gary Sieb (VIA FACSIMILE 972/304-3570) P.E~/03 24712 TOTAL PAGE.B3 ** APR - 8 DEVELOPMENT REVIEW COMMITTEE ENGINEERING COMMENTS ITEM: Smart Start School Addition, No. 1, Final Plat, to allow the development of a 8,909 square foot day nursery on 1.65 acres of property located along the south side of Natches Trace Drive, approximately 250' east of N. Denton Tap Road, at the request of Jones & Boyd, Inc. DRC DATE: March 25, 1999 and April l, 1999 CONTACT: Mike Martin, P.E., Assistant City Engineer (972-304-3679) COMMENT STA TUS.: rJr, r:r n ~r~ r A r, v ,/ FBVA L r, 1. A minimum of 20' needs to be provided for proposed off-site sanitary sewer easement.