Town Center SC/PP-CS 960709Th~ Gi~ WZth ^ I~autif~ F~tum
AGENDA REQUEST FORM
CITY COUNCIL MEETING: July 9, 1996 ITEM # _~
ITEM CAPTION:
Consider approval of the Town Center Shoppinq Center, Lot 1, Block 2,
Preliminary Plat, to allow the development of a shopping center on 8.943
acres of property fronting the north side of Sandy Lake Road and the east
side of Denton Tap Road, adjoining the Overton Bank property.
TI~E: Director of Plahning and Community Services
STAFF RECOMM~N~Sr ........................ Approval ~ Denial
STAFF COMMENTS:
Date of P&Z Meetinq: June 20, 1996
Decision of Commission: Approved (4-1) with Commissioners Lowry, Wheeler,
Cruse and Stewart voting in favor. Commissioner Reyher opposed.
Commissioners Redford and McCaffrey were absent.
Please see attached for approval conditions.
APPROVED
Cil"'Y COUNCIl]
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FINANCIAL COI~ENTS:~
DIR. INITIALS: t--/
Agenda Request Form - Revised 6/96
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AGENDA REQUEST NARRATIVE
TOWN CENTER SHOPPING CENTERt LOT it BLOCK 2t PRELIMINARY PLAT
Conditions for approval:
(2)
(3)
(4)
(5)
(6)
(7)
(9)
Adequate screening for utility air conditioning units located
on the top of the building;
utility boxes or units at the rear of the building must be
painted to match the color of the building, whenever possible;
the hours of loading and unloading be restricted from 10 p.m.
to 6 a.m., daily;
the developer will make sure that trees that can be saved are
properly fenced off and protected during the construction
phase;
the anchor tenant will be a grocery store;
subject to the SF-12 to TC zoning change on one acre of this
property, which is pending before Council;
additional treed landscaping at the northwest corner of the
property;
all new and remaining existing landscaping be kept in a healthy
and growing condition and that any dead or dying trees be
promptly replaced;
the Board of Adjustment granting a special exception to permit
a reduction of parking requirements, and
the Board of Adjustment granting a variance of interior
vehicular use area landscaping requirements to permit a
reduction in the number of landscape islands within parking
areas for the purpose of enlarging the size of the islands
provided and, thereby, saving more existing trees than
otherwise possible.
agenda Narrative - Revised 1/94
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AGENDA REQUEST NARRATIVE
TOWN CENTER SHOPPING CENTER. LOT 1, BLOCK 2, PRBLIHII~RY PI~T
(1)~ Adequate screening for utility air conditioning units located
on the top of the building;
(2),~ utility boxes or units at the rear of the building mu~t be
painted to match the color of the building, whe~.ever:l~B...~le~
(3)~ the.hours of loading agd,,.un}.,o~,.d/~g be restrioted~Eroa.:.-'10.~.;,~
(4)~ the developer will m~e sure ~hat tree~ that.m ~ ~
prop~e~.l~f~, f_~nc~f~ protected during the ,,~ '-~%[
phase, ~- /~'~'~'~ "":~ · ~ t!~
mtST the anchor tenant wi' 'il be a grooery .st~re! ~ :::'] ""i(i:::
(6) subject to the SF-12 to TC zoning ~-0~1 ~'
prop~ty, ~i~ ts ~ng ~
(7)~ additio~l'tK~ ~a~caD~ng at ~e
{8}- all new-and
(9)
-vehiCUlar. use area
reduction' in the
areas for the purpose
provided and, thereby,
otherwise possible.
of
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CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE: TOWN CENTER SHOPPING CENTER, LOT 1,
BLOCK 2, PRELIMINARY PLAT
P & Z HEARING DATE: June 20, 1996
C.C. HEARING DATE: July 9, 1996
LOCATION:
At the northeast comer of Denton Tap and Sandy Lake Roads
SIZE OF AREA:
8.943 acres
CURRENT ZONING: TC
REQUEST:
Approval of a Preliminary Plat to allow the development of a
shopping center
APPLICANT:
Ewing Properties
16660 Dallas Pkwy #2200
Dallas TX 75248
214-250-3236
Fax 214-248-6701
Representative:
Dowdey Anderson & Assoc.
16250 Dallas Pkwy #100
Dallas TX 75248
214-931-0694
Fax 214-931-9538
HISTORY:
The majority of the property has been within the Town Center
zoning district since its inception. A 1-acre tract, currently the
subject of rezoning, is under purchase contract with the intention
of incorporating it into the shopping center development. There
has been no recent platting history on the property itself, although
several adjoining sites have been subdivided from the original
property holding. The Planning and Zoning Commission
disapproved the Preliminary Plat on April 18, 1996, due to its
continuation of the public hearing on property contained within the
plat and anticipating changes in the site plan. The Commission
again disapproved the Preliminary Plat on May 16, since the
zoning required for the proposed subdivision has special
conditions wherein the Commission may require site plan
Item # 5
approval. The Commission then enumerated changes it wants to
see made to the site plan before approving it.
TRANSPORTATION:
Sandy Lake Road is a two-lane asphalt road within a variable-
width right-of-way (100' wide in front of the subject property),
shown on the thoroughfared plan as a C4D four-lane divided
collector street to be built within a 110'-wide right-of-way.
SURROUNDING LAND USE & ZONING:
North -
South -
East -
West -
Vacant, "TC" Town Center zoning
Town Oaks Centre shopping center, "C" Commercial zoning
Chaucer Estates residential subdivision, "PD-SF-7" Planned
Development zoning
Vacant, "TC" Town Center zoning
COMPREHENSIVE PLAN:
The 1987 Comprehensive Plan shows the property as part
of Town Center. The proposed 1996 Comprehensive Plan
shows the property as suitable for neighborhood retail uses.
DISCUSSION:
The majority of this property is subject to contractual agreements between
the City and the landowner made in connection with the purchase of City
lands. Those agreements protect the landowner from subsequent changes
in city requirements. Nevertheless, the applicant is in general compliance
with current subdivision regulation.
In noting the differences between prior zoning and current zoning, it is
important to realize that under the prior zoning to which the majority of
this property is subject, a grocery store would not require a special use
permit. The one acre involved in Zoning Case 590 is not subject to those
agreements, but the development proposed for that area is related to retail
uses other than the grocery.
Another point worth noting is that last year the landowner agreed to abide
by landscaping requirements in place at that time. In terms of parking lot
landscaping and peripheral buffering this is significant, but in terms of
tree preservation it is not. The landscaping requirements of the zoning
ordinance, then and now, permit the developer to apply for a building
permit and, upon issuance, to remove trees on the buildable area of the
property. The buildable area is defined as the area exclusive of the front,
rear and side yards required by the zoning district in which the property
is located. The Town Center District requires no front, rear or side
yards. Therefore, upon issuance of a building permit, the developer of
Town Center District property may remove all the trees on the property.
Item # 5
Since a special use permit is not required for any of the uses thus far
proposed, the site plan submitted in conjunction with platting is the only
site plan you will see for the shopping center in its entirety. You will
note the effort to save 65 trees within the parking areas and over 50 trees
at the northeast corner of the site. In addition, up to 30 trees along the
east property line may be saved, depending on the degree to which a
proposed hike and bike trail can be aligned in such a way as to avoid the
tree root systems. However, with the site plan changes designed to
accommodate the wishes of the owners of property adjoining on the east,
there will be a net gain of 34 trees next to Chaucer Estates and a resulting
net loss of 13 additional trees between the proposed buildings and the
road frontages. And, with the site plan changes now under
consideration, that net loss has been reduced to 2. This unquestionably
is a major improvement. Nevertheless, the latest site plan revisions fail
to preserve the 28" oak tree near the southwest comer of the YMCA site,
which the Commission stated in its last motion that it wanted to see
saved.
This tree preservation effort involves a reduction in parking below the
minimum zoning requirements, prior and present. It also involves
variation of the spacing of required parking islands. Board of Adjustment
approval of the variance of landscape requirements, based on the unique
features of this site, and a special exception to reduce the amount of
parking will be necessary prior to obtaining a building permit. If
restaurant usage of the proposed buildings were eliminated altogether, the
parking shortfall would be only 8 spaces.
While staff does not want to penalize the developer with further
controversy or delay, the negotiations between the developer and adjoining
property owners can be characterized as resolving the private interests of
one prospective landowner versus the private interests of a several other
Item # 5
landowners, at the expense of the public interest. The City is charged
with the task of upholding the public interest and, therefore, staff is
reluctant to see further degradation of the natural landscape as viewed
from Denton Tap Road and Sandy Lake Road. However, except for the
proposed removal of the 28" oak, the most recent changes largely satisfy
that concern.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends approval of the preliminary plat and site plan subject
to:
1)
engineering comments, and revision of the site plan and landscape
plans to show preservation of a 28" oak located approximately 45
fe of Wendy's
et east the site a
2)
3)
4)
The Board of Adjustment granting a special exception to permit a
reduction of parking requirements, and
5)
The Board of Adjustment granting a variance of interior vehicular
use area landscaping requirements to permit a reduction in the
number of landscape islands within parldng areas for the purpose
of enlarging the size of the islands provided and, thereby, saving
more existing trees than otherwise possible.
ALTERNATIVES:
1) Recommend approval of the Preliminary Plat and Site Plan
2) Recommend disapproval of the Preliminary Plat and Site Plan
3) Recommend modification of the Site Plan
Item # 5
ATTACHMENTS:
1) Preliminary Plat
2) Site Plan
3) Landscape Plan
4) Monument Sign
5) Departmental Comments
Item # 5
i!, ,JUN I 3 1996
DEVELOPMENT REVIEW COMMI ~rTEE
ENGINEERING COMMENTS
ITEM: Town Ce_nte_~r Shotn~ne Ce_n_ter, Preliminat7 Plat, Lot 1, Block 2, to
allow the development of a shopping center on 8.943 acres of property
located at the northeast comer of Denton Tap and Sandy l. azke Roads,
at the request of Dowdey, Anderson & Associates, Inc.(Applicant will
re-submit plans by Wednesday, April 24th, 1996)
DRC DATE: May $0, 1996 and June 6, 1996
CONTACT: Mike Martin, E.I.T., Assistant City Engineer 004-3679)
COMMENT STATUS: .~'Dvr .......,,.., '~'~r~ ,.~... Dv ~FINAL ~
This is an informational comment only.
1. Impact fees required.
area could be moved to the north side; that the dumpster would remain where current plans
show; that the back of the building could be briclaxi; and the setback cannot be increased by
cutting off a portion of the building on the south side. Councilmember Sturges requested an
Executive Session.
EXECUTIVE SESSION
(Closed to the public)
Convene Executive Session
A. Section $S1.071, Texas Government Code - Consultation with City
Attomeyo
Mayor Pro Tern Mayo convened into Executive Se.~ion at 9:44 p.m. a~ allowed under the
above-stated article. Mayor Pro Tem Mayo adjourned the Executive Se~ion at 9:53 p.m. and
REGI. H.,AR SESSION
(Open to the Publi~)
Mayor Pro Tcm Mayo reconvened Regular Session and advised that a five-minute recesa would
be held.
Mayor Pro Tern Mayo continued with eoo~V~on of Item 13. Councilme. mber Sturges moved
change from SF-12 (Single Family-12) to TC (Town Cenl~r), o~ l-acre of ~ ~ on
the north side of Sandy La~ Road, approxima~y 379 feet east of Denton Tap R~d, subject
to the following conditions: 1) adequate screening for utility air condi~ units located on lop
of the building; 2) utility boxes or units at the rear of the building mu~t be pained to match the
color of the building when possible; 3) the hours of loading and unloading will not be allowed
from 10:00 p.m. to 6:00 a.m. daily; 4) the developer will mak~ sure that trees that can be saved
are properly fenced off, with temporary chain link fences, at the drip line and protected during
the construction phase; 5) additional tree landscaping at the northwest corner of the property as
and growing condition and any dead or dying trees are to be promptly replaced for a period of
three years aPa~r the issuance of a CO ata 1-3 ratio with three inches being the minimum; 7)
8) an eight-foot brick wall will be built behind the shopping center on the east s~de.
Councilmember Sheehan seconded the motion; the motion carried 4-2 with Mayor Pro Tern
Mayo and Councflmembers Sturges and Sheehan young in favor of t~e moron and
Councilmembem Alexander and Robertson voting against the motion. Councilmember Tunnell
abstained from voting on this proposal which counted as an affirmative vote.
14.
Consider approval of the Town Center Shopping Center. Lot 1. Block 2.
pTe 'hminary Plat, to allow the development of a shopping center on 8.943
acres of property fronting the north side of Sandy Lake Road and the east
side of Denton Tap Road, adjoining the Overton Bank property.
Councilmember Sturges moved to approve Town Center Shopping Center, Lot 1, Block 2,
Preliminary Plat, to allow the development of a shopping center on 8.943 acres of property
fronting the north side of Sandy Lake Road and the east side of Denton Tap Road, adjoining the
Overton Bank property subject to conditions 6, 9 and 10 as submitted on the Agenda Request
Narrative and the submittal of a revised site plan. Councilmember Sheehan seconded the
motion; the motion carried 4-2 with Mayor Pro Tem Mayo and Councilmembers Sturges and
Sheehan voting in favor of the motion and Councilmembers Alexander and Robertson voting
against the motion. Councilmember Tunnell abstained from voting on this proposal which
counted as an affirmative vote.
15. Necessary action resulting from Executive Session.
There was no action necessary under this item.
16.
City Manager's Report.
Ae
Disc~n of Special called City Council Work Session scheduled for
July 30, 1996.
City Manager Jim Witt advised that city staff from the Environmental Health ~t
would make a presentation at the Special City Council Work Session on July 30, 1996.
City Manager Jim Witt asked Ken Griffin, Assistant City Manager/City Engineer, to
discuss the Water Use Plan. Mr. Griffin made a short presentation to the Council
concerning water use within the city.
Councilmember Tunnell announced that the Runway Use Plan meeting that was scheduled
for Thursday, July 11, 1996, had been cancelled.
17. Mayor's Report.
There was no Mayor's ~o~t.