Loading...
CC approval on 9/12/2000F C OPPELL AGENDA REQUEST FORM CITY COUNCIL MEETING: September 12, 2000 ITEM # ~ ~ ITEM CAPTION: CONTINUATION OF PUBLIC HEARING: Consider approval of Case No. ZC-603(CH), zoning change request from LI (Light Industrial) to HC (Highway Commercial) on approximately 7.5 acres of property located at the southeast comer of S.H. 121 and Denton Tap Road. S UBMITTED~_~ TITLE.M.~. Director o~munity STAFF COMMENTS: Services APPROVED DATE - - Date of P&Z Meeting: July 20, 2000 Decision of P&Z Commission: Approved (6-0) with Clark, Halsey and Stewart voting in favor. None opposed. Commissioners Nesbit, McGahey, McCaffrey, On August 8th, Council continued consideration of this zoning change to its September 12~ meeting. A 3/4 vote of Council is needed to support this change because of owner opposition. See attached letter dated June 2, 2000. Staff recommends approval. DIR. INITIALS: (~S FIN. REVIEW.~ Agenda Request Form-~eV'vised 5~00 CITY MANAGER REVIEW: Document Name: ~ZC603CH ~-02-2000 3:S~PH =ROM FIRST OAK CAPITAL 21~ B20 3637 P. 2 DF, NTON TAP I)]~J~OPI~.~ L.L.C. 3721.S~nendmh St. Ddm~, TX. (214) 52~'3~11 City of Coppell 255 1)urkw~ Blvd. Coppen, TX 75019 Via: 'l'ne ~is the owner ora 7.223-ac~ mitt of ImM situated on tl~ MmJmm Corn~ of Dean T~p ~ ~md State ~ 121 Dypess h Co~ This to ownt]~ l:606*scre mitt constituting the hrd com~ ofwhm wns ~a 8'829' It has come to our ~n that the City is considering a zoning chan~e of this pmpeny from its cmra~ ~no of"Liglx Indusebl' 8nd ~' to Due process requires'~ we not only hav~ notice btlt afl oppoflunily M be ~ on t_h;~ cc: CITY OF COPPEIJ. PLANNING DEPARTMENT STAFF REPORT CASE NO.: ZC403(CH) Southeast Corner of S.H. 121 and Denton Tap Road LI (Light In0ustrial) to HC (Highway Commercial) P&Z HF~RING DATE: C.C. DATE: LOCATION: July 20, 2000 August 8, 2000 Southeast comer of S.H. 121 and Denton Tap Road SIZE OF REQUEST · 7.5_+ acres of land OWNER/SUBDMSION: Vista Partners CURRENT ZONING: LI (Light Industrial) PROPOSED ZONING: HISTORY: HC (Highway Commercial) On May 18, 2000 the Planning and Zoning Commission recommended approval of the change in zoning from Light Industrial to Highway Commercial on the subject property. However, since that time, the staff received letters from the property owners of the affected tracts stating that they did not receive notice of the public heatings, and requested that this case be re-advertised. Staff inadvertently used the 1999 versus the 2000 Tax rolls, the property owners' address had changed, and the notices that were sent were not forwarded. On April 20, 2000 the Planning and Zoning Commission recommended approval of a SUP for a Jack in the Box restaurant on a portion of this property. Staff recommended that the base zoning on that property be changed from LI to HC in accordance with this rezoning effort. However, this change in zo ' ....~ _._ I ATTACHED TIJ I Item # 4 C.C. PACKET in the Planning and Zoning Commission' s recommendation. On May 9, 2000 the City Council approved the SUP for this restaurant subject to a condition which required conformance with the HC District regulations, specifically the relocation of the dumpster. SURROUNDING LAND USE AND ZONING: North- State Highway 121; City of Lewisville South - Denton Creek Middle School; SF-7 East - Denton Creek Middle School; SF-7 West - vacant; HC- PD 133 COMPREHENSIVE PLAN: The Comprehensive Plan shows this property suitable for regional retail uses. DISCUSSION: This property was zoned Light Industrial in 1990 as part of a 286+ acre zoning request by Vista Mortgage and Realty. In 1996 the Comprehensive Land Use Plan designated this area as Regional Retail. In 1997 the property to the east was zoned SF-7 for a Middle School. Given the size and configuration of this remaining tract, light industrial development does not appear feasible. Retail and office development is more appropriate at this location. As noted, a Special Use Permit for a fast food restaurant was recently approved on a portion of this tract. The proposed HC District zoning would allow for retail, office and restaurant developments, and would limit the industrial uses, being more compatible with the schools located to the east of this property. This rezoning is also in accordance with the recommendations of the Comprehensive Plan. RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending a change in zoning from LI (Light Industrial) District to HC (Highway Commercial) District. ALTERNATIVES: 1) Recommend approval of the request. 2) Recommend disapproval of the request 3) Recommend modification of the request 4) Take under advisement for reconsideration at a later Item # 4 ATTACHED TO C.C. PACKET -Cc ATTACHMENTS: 1) Zoning Location Map 2) Minutes from the May 18, 2000 Planning and Zoning Commission Meeting. 3) Comparison of LI and HC District Regulations Item # 4 ATTACHED TO C.C. PACKET ~ '~ ~' PROPOS D REZONING I ~= ZC NO. 603 (CH) LOCATION: Southeast corner of S.H. 121 and Denton Tap Road ACREAGE: Approximately 7.5 acres CURRENT ZONING: LI (Light Industrial District) PROPOSED ZONING: HC (Highway Commercial District) e Commissioner Halsey seconded the motion; motion carried (6-0) Commissioners Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart favor. None opposed. lB Consider approval of the Town Center Lots 1 and Plat, to allow the construction of retail and day care uses on property located at the southwest corner of Denton Tap Town Center Drive, at the request of Dowdey, Anderson & Final .9 acres of and West Inc. Presentation: Planning Director Gary Sieb introduced the item to the approval is recommended, subject to three conditions. stating that The developer was not asked to appear. Discussion: No discussion followed. Action: Commissioner Halsey made a 2, Block A, Final Plat, subject to 1) 2) )ve the Town Center West, Lots 1 and conditions: Utility easement.' approved by TXU. Submittal ol Tree Removal Permit prior to removing any trees on site, a Determination of Tree Retribution for any tree 3) the Parks Department at (972) 304-3565 prior to disturbing or R-O-W for location of possible irrigation piping and which may exist. It will be the responsibility of the developer to repair any improvements damaged by work in the area. Con~ssioner McGahey seconded the motion. Motion carried (6-0) with C~(ranissioners Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart voting in 4givor. None opposed. PUBLIC HEARING: Consider approval of Case No. ZC-603(CH) zoning change from LI (Light Industrial) to HC (Highway Commercial) on approximately 7.5 acres of property located at the southeast corner of S.H. 121 and Denton Tap Road. Presentation: Assistant Planning Director Marcie Diamond introduced the item to the Commission, showing an exhibit of the proposal, stating that because of the single-family zoning to the east and commercial zoning to the south, light industrial zoning is no longer appropriate. She stated that staff recommends this 3 zoning change to HC (Highway Commercial). Of six notices sent out, none were returned in favor or opposition. Public Hearing: Vice Chairman Stewart opened the Public Hearing. Ann Dragon, 727 Bent Tree, Coppell, TX asked a question regarding other developers interested in this property besides Jack-in-the-Box. Ms. Diamond stated that to staff's knowledge, there are no others at the present time. Ms. Diamond then showed a concept plan for the area, stating site plan approval and platting must occur before more development on the property. Vice Chairman Stewart closed the Public Hearing. Discussion: There was none. Action: Commissioner Kittrell made a motion to approve Case No. ZC-603(CH), zoning change from LI (Light Industrial) to HC (Highway Commercial). Commissioner Nesbit seconded the motion. Motion carried (6-0) with Commissioners Nesbit, McGahey, Kittrell, Clark, Halsey and Stewart voting in favor. None opposed. PUBLIC HEARING: Consider approval of Case No. ZC-604(CH) zon change from MF-2 (Multi Family-2) to PD-MF-2 (Planned Develo 2) on approximately 3.6 acres of property located along the west side ~rris Street, north of Bethel School Road. Because of a notification error, Vice Chairman Stewart and asked that it be continued to the Commission's June ,lic Hearing Action: Commissioner Nesbit made a motion to continue for Case No. ZC-604(CH), zoning change MF-2 (Planned Development, Multi seconded the motion; motion carried (6-0 Kittrell, Clark, Halsey and Stewart vot opposed. Hearing to June 15th (Multi Family-2) to PD- Commissioner McGahey Commissioners Nesbit, McGahey, continue this case to June 15th. None PUBLIC HEARING: Cot approval of Case No. ZC-605(CH) zoning change from A (Agricu and R (Retail) to SF-12 (Single Family-12) on approximately 24.7 'es of property located along the north side of DeForest Road, e~ MacArthur Boulevard. Assistant Director Marcie Diamond introduced the item to the showing exhibits of the proposal, stating that an attempt to rezone a of this property was denied by Council in 1998 due primarily to a question not property taxes would be affected. Ms. Diamond referred to a letter 4 SUMMARY OF COMPARISON BETWEEN THE HC AND LI DISTRICT REGULATIONS Front Yard Setback without front yard parking 60 30 Front Yard Setback with front yard parking 60 60 Side Yard Setback (in feet) 30 10 Em Side Yard adjacent to Residential District 30 50 .__.. Rear Yard Setback (in feet) 20 10 · ~ Rear Yard adjacent to Residential District (in ft) 20 50 ~ Lot size (in square feet) 10,000 5,000 Lot Width none 50 Lot Depth none none Height (in feet) none E Height (in stories) 20 none i Height (in ft) adjacent to Residential District 70 35 · Within feet 300 150 Percent lot coverage 50 50 ~ Floor Area Ratio None 2:'1 HC District permits all uses in the Office and Retail districts plus uses such as: Equipment Sales; Hotel or Motel; Manufacturing and Industrial Plants; and SUP uses as shown in the attached. LI District permits all uses in the Office, Retail, and Commercial districts, plus uses such as: A wide variety of manufacturing plants and laboratories, with up to 20% of the tract being used for outside storage; General warehousing, including mini-warehouse; Veterinary Clinic - with outside runs; and SUP uses as shown in the attached. Summary: Most retail and 'highway related uses' are permitted, and restaurants and service stations are permitted by SUP in either district. Item # 4 ATTACHED TO C.C. PACKET SEC?ION 30 SPECIAL USE PERI~TS 30-9 "HC" Highway Commercial 1. 2. 3. 4. 5. 6. 7. 8. 9. i0. 14. 15. 16. 17. 18. 19. 20. 18. 19. 20. 21. Airport. (Public or Private) Automobile sales or rental. Automobile Repair Garage. Amusement activity (indoor or outdoor). Bus terminal. Electric substation, transmission line or other public use utilities. Fair grounds. Gasoline service station. Grocery and convenience stores. Indoor sports; recreation and entertainment. Institution for care of alcoholic, narcotic, or psychiatric patients. Laboratory. Motorcycle sales and service. Office warehouse. Private Club. Radio broadcasting towers. Television studio. Rodeo or other sports arena. Trailer rental. Zoo. (Public) Any permitted uses allowed within the "O" Office and "R" Retail Use Permit Section (See Section 30-7 and 30-8). Above section (Ord. 91500) except where noted. ATTACHED TO C.C. PACKET Special SECTION 30 SPECIAL USE PERK[TS 30-12 "LI" Light Industrial 1. Airport. (Public or Private) 2. Arsenal. 3. Cemetery. 4. Electric substation, transmission line and other public use utility. 5. Gravel, sand stone or petroleum extraction. 6. Gun club or shooting range. 7. Lumber mill. 8. Other mining activities. 9. Petroleum products storage. 10. Planing mill. 11. Printing plant. 12. Rooming house. 13. Coal, coke or wood yard. 14. Concrete or asphalt batching plant on temporary basis for any period in excess of 90 days. (Ord. 91500-A-123) 15. Drive-in theater (Outdoor). 16. Adult Uses (Adult bookstores, adult motion pictures, massage parlors and nude modeling or photography studios. 17. Gasoline service stations. 18. On-premises residential use by management personnel in connection with a convenience storage or "mini-warehouse. (Ord.91500-A-56) Above section (Ord. 91500) except where noted. ATTACHED TO C.C. PACKET