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CC approval on 7/9/96 ~Fl~g;.~,~i~. AGENDA REQUEST FORM Tha City Wllh ^Seautifui Fu~ra CITY COUNCIL MEETING: July 9, 1996 ITEM ITEM CAPTION: PUBLIC HEARING: Consideration and approval of Case No. ZC-590, Property Trust Partnership, zoning change from SF-12 (Single Family-12) to TC (Town Center), on i acre of property located on the north side of Sandy Lake Road, approximately 379 feet east of Denton Tap Road. FED '..-:" Y COUNCIL SUBMITTED BY: L.Sieb~t~"., ~ _ TITLE. ~~ctor of Planning and Comm. Services INITIALS STAFF CO~ENTS: Date of P&Z Meeting: May 16, 1996 Decision of Commission: Approved (5-1) with Commissioners Lowry, Wheeler, McCaffrey, Cruse, and Stewart voting in favor. Commissioner Reyher opposed. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: A special condition requiring approval of a Site Plan prior to the issuance of a building permit is recommended. On June 11, 1996, Council move4 to hold the Public Hearing open to July 9, 1996. BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL coMMEnTS FINANCIAL REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form - Revised 1/94 Document Name zc590ffip.pz Put ~go~" paggr in printer- CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO: ZC-590, PROPERTY TRUST PARTNERSmP P & Z HEARING DATE: May 16, 1996 C.C. HEARING DATE: June 11, 1996 LOCATION: North side of Sandy Lake Road, approximately 379 feet east of Denton Tap Road SIZE OF AREA: 1 acre CURRENT ZONING: SF-12 (Single Family-12) REQI.IF._ST: TC (Town Center) APPLICANT: Owner: Engineer: Property Trust Partnership Dowdey, Anderson & Assoc. 12221 Merit Dr,//1750 16250 Dallas Parkway, #100 Dallas TX 75251 Dallas TX 75248 214-386-9157 214-931-0694 Fax 214-931-9538 HISTORY: Prior to 1982, this property and the property surrounding it were classified SF-12 on the zoning map. In mid-1982 City Council reclassified the property surrounding this tract on the west, north and east to the "TC" Town Center District. The Planning and Zoning Commission opened its public hearing on this case on March 21, 1996, continued the heating until April 18, and decided to keep the hearing opened until the May 16, 1996, Planning and Zoning Commission meeting. 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 Item # 5 collector street to be built within a 1 lO'-wide right-of-way. SURROUNDING LAND USE & ZONING: North - Vacant, "TC" Town Center zoning South - Town Oaks Centre shopping center, "C" Commercial zoning East Vacant, "TC" Town Center zoning West 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: This property is a 1-acre residential leave-out tract surrounded by "TC" Town Center zoning. For the past 14 years the property has been shown on the City's comprehensive plan as part of the Town Center development concept. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff recommends approval of the zoning change. ALTERNATIVES: 1) Recommend approval of the zoning change 2) Recommend disapproval of the zoning change 3) Recommend modification of the zoning change 4) Continue Public Hearing ATTACHMENTS: 1) Zoning Exhibit Item # 5 iii!Ii., it .- ~, ~ _~-~,,~ ' ]~111 '~ fi' j _. - <:~; ~ ~ ~ .J '"'~p-i '~' "'~'~: ~,i hit: ~ ~ ~ . ~ :;~, ~ -, I~;d,I, Ii ~ ~ · ~m · = .-.,.-o~ ~.oz ~i~ ", ' ' i I ~ i ~ I I OVO~ dY1 NOIN30 ! ~ 0 03NOZ ~ ~ 13. PUBLIC HEARINC. (Continuation from June 11, 1996) Consider approval of Case No. ZC-Sg0, Prollerty Trust Partnership, zoning change from SF-12 (Single Family-12) to TC (Town Center), on I acre of property located on the north side of Sandy Lake Road, approximately 379 feet east of Denton Tap Road. Mayor Pro Tem Mayo reminded those present that this Public Hearing continues from the June 11, 1996 Council meeting. Gary Sieb, Director of Planning and Community Services, made a presentntion to the Council. Mayor Pro Tem Mayo announced that the Council would adjourn into Executive Se~on. F. XECUTIVF. ,qF.,q,qlON (Closed to the public) Convene Executive Session A. Section $$1.071, Texas Government Code - Consultation with City Attorney. Mayor Pro Tern Mayo convened into Executive Session at 7:56 p.m. as allowed under the above-stated article. Mayor Pro Tem Mayo adjourned the Executive Session at 8:03 p.m. and I~EC. ULAR ,q~..q.qION (Open to the Public) Mayor Pro Tern Mayo advised that Item 14 would aho be discus.~l. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council regarding the plat of Item 14. Mayor Pro Tem Mayo asked for those persons wishing to speak regarding this proposal. Bill Freda, 161 Dickens Drive, presented Council with copies of Duns Financial Profile dated July 5, 1996 and the Dunn and Bradstreet Business Information Reports dated July 8, 1996 and the credit worthiness of Randall's/Tom Thumb; Kathy Vint, 105 Dickens, addressed the Council (during which slides were shown) regarding concerns of safety and traffic including truck traffic entering only from Denton Tap and not Sandy Lake Road, the 6--foot screening wail, unsecured power boxes and leaky equipment, bread carts, open 220-volt boxes, noise abatement and air pollution; Bob Vint, 105 Dickens, spoi~ in opposition to this proposal; Jim McCown, 109 Dickens, expressed his anger and disappointment regarding the proposal and presented a petition to Council; Debra Dezendorf, 468 Shadowcrest, voiced her concerns regarding this proposal; and Don Roberts, 175 Highland Meadow Circle, addressed Council concerning his reservations regarding this proposal. Kevin Caldwell, representing the developer Ewing Properties, made a presentation and addressed questions of Council. Ken Griffin, Assistant City Manager/City Engineer, answered inquiries regarding roadway traffic. Harold Spiegel, consulting arborist, answered questions concerning the tree preservation. The developer was asked by Council to address the requests of the Chaucer Estates homeowners. The developer stated that the dock 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 bricked; and the setback cannot be increased by cutting off a portion of the building on the south side. Councilmember Sturges requested an Executive Session. F~X~CUTIVF~ ~a~SSION (Closed to the public) Convene Executive Session A. Section 551.071, Texas Government Code - Consultation with City Attorney. Mayor Pro Tem Mayo convened into Executive Session at 9:44 p.m. as allowed under the above-stated article. Mayor Pro Tem Mayo adjourned the Executive Session at 9:53 p.m. and opened the Regular Session. I~EGULAR ~a~SSION (Open to the Public) Mayor Pro Tem Mayo reconvened Regular Session and advised that a five-minute recess would be held. Mayor Pro Tern Mayo continued with consideration of Item 13. Councilmember Sturges moved to close the Public Hearing and approve Case No. 7[~--590. ~ Tt~,st P~rmersbil?. zoning change from SF-12 (Single Family-12) to TC (Town Center), on 1 acre of properly located on the north side of Sandy ~ Road, approximately 379 feet east of Denton Tap Road, subject to the following conditions: 1) adequate screening for utility air conditioning units located on top of the building; 2) utility boxes or units at the rear of the building must be painted 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 make 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 comer of the property as shown on the site plan; 6) all new and remaining existing landscaping will be kept in a healthy and growing condition and any dead or dying trees are to be promptly replaced for a period of three years after the issuance of a CO at a 1-3 ratio with three inches being the minimum; 7) Developer will meet with the City to discuss transplanting trees before development on the site; 8) an eight-foot brick wall will be built behind the shopping center on the east side. Councilmember Sheehan seconded the motion; the motion carried 4-2 with Mayor Pro Tern 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. (IMm