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CC approval on 10/10/95 AGENDA REQUEST FORM CITY COUNCIL MEETING: October 10, 1995 ITEM ITEM CAPTION: PUBLIC HEARING: Consideration and approval of Case No. ZC-584(CH), zoning change from O (office) and R (Retail) to C (Commercial), on approximately 16 acres located a~ the northwest corner of Beltline Road and MacArt~r Boulevard, east of the TP&L transmission line. Date of P&Z Meeting: September 21, 1995 Decision of Commission: Approved (5-0) with Commissioners Lowry, Wheeler, Thompson, Redford and Stewart voting in favor. None opposed. Commissioner Reyher was absent. A vacancy exists at the present time. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: This Planning Commission called hearing was initiated to assist in possibly concluding a lawsuit brought against the City by C.E.D. Construction, Inc. As a part of a negotiated settlement agreement with C.E.D., the City agreed to call a hearing on this tract of land for rezoning consideration. BUDGET AMT. $ AMT. EST. $ +/- BUD: s:' FINANCIAL COMMENT FINANCIAL REVIEW~ CITY MANAGER REVIEW: Agenda Request Form - Revised 1/94 Document Name ZCSS4(CH) CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO.: ZC-584(CH) P & Z HEARING DATE: September 21, 1995 (originally heard on August 17 and held under advisement until September 21) C.C. HEARING DATE: October 10, 1995 LOCATION: Northwest corner of Beltline Road and MacArthur Boulevard; east of the TP&L transmission line. SIZE OF AREA: Approximately 16 acres CURRENT 0 and R (Office and Retail) ZONING: REQUEST: C (Commercial) APPLICANT: Planning and Zoning Commission authorized public hearing HISTORY: In 1994 the City reclassified 15 properties to districts reflecting the objectives of the Comprehensive Plan. The more northerly 7 acres of this site was reclassified from MF-2 (Multi-Family Residential) to O (Office). The more southerly 9 acres was reclassified from MF-2 to R (Retail). The action resulted in a law suit and a proposed settlement agreement. The proposed settlement includes reclassifying the entire 16-acre tract to a C (Commercial) classification. At the August 17, 1995, public hearing, the Planning Commission left the hearing open and continued this case under advisement until the September 21 meeting. Item 6 TRANSPORTATION: MacArthur Boulevard is a 4-lane divided thoroughfare built in a 110' r.o.w, shown on the thoroughfare plan as a P6D, six-lane divided thoroughfare. East of MacArthur Boulevard, Beltline Road is a P6D, six-lane divided thoroughfare in a 120' r.o.w. West of MacArthur Boulevard, Beltline Road is a 2-lane road shown on the thoroughfare plan as a P6D. SURROUNDING LAND USE & ZONING: North - vacant; "O" office zoning South - vacant; "LI" light industry zoning East single-family housing, multi-family housing, retail development and vacant land; "SF-12, "MF-2" and "R" zoning West single-family housing and vacant land; "SF-9 and "TH-I" zoning COMPREHENSIVE PLAN: The Plan shows "O', Office uses north of Riverchase Drive extension, 'R~, Retail zoning south of the extension. DISCUSSION: As anyone who has followed the affordable housing law suit is aware, the City has been diligently trying to move the tax credit housing site under consideration at this location to a site more suited to residential development. The attorneys for the City and CED Construction (the owner of this subject parcel) have negotiated a settlement agreement which includes reclassifying this property to C (Commercial). In a spirit of cooperation, this Planning Commission Called Public Hearing To Determine Proper Zoning is entered into in order to facilitate that portion of the agreement. Although only one part of the agreement, such action will exhibit the Commission and Council's desire to cooperate and bring the pending litigation to closure. Because the information presented to the Commi~ion at the August hearing did not address the kinds of uses that might be placed on the subject tracts, staff was advised to approach the owner of the property (CED Construction) and explore the possibility of more detail being presented to the Commi~ion at the September public hearing. Staff has been in contact with Mark Haas, the broker attempting to lease the property, and a Preliminary Concept Plan of possible uses is submitted herewith. As understood by staff, uses such as mini-warehouse, franchise restaurant, auto- related and some additional retail users are anticipated leasees. Because the potential users require SUP's before building can begin, and because additional detailed review would be conducted by staff before any recommendation would come forward to the Commission and Council, staff is developing a comfort level not earlier existing. We would suggest a rather vigorous dialogue with Mr. Haas to clarify any additional concern that the Commi~ion and Council might have with this proposal. RECOMMENDATION: Staff recommends approval of the reclassification if it will expedite resolution of this issue. ALTERNATIVES: 1) Recommend approval of the zoning change 2) Recommend denial of the zoning change 3) Modify the zoning change EXHIBITS: 1) Locational Map 2) Preliminary Concept Plan 3) Departmental Comments DEVELOPMENT REVIEW COMMITTE ' ENGINEERING COMMENTS ITEM: ZC-$84 (CH~. zoning clumge from 0 (OJ~e) mui- ~weg comer of Be!~ne ~ ~ M~~ ~ ~~n ~e. DRC DATE: August 31, 1995 and September 7, 1995 CONTACT: Ken Griffin, P.E., Assistant City Manager/City Engineer (304-3679) COMMENT .~1 g ~1 ~ t3_~l ./~NAL I very briefly had the opportunity to look at the site plan proposed for this property. Based on that, I am ve~ concerned about the number of driveway cuts onto MacArthur. Pro Tern Robertson and Councilmembers Sturges, Watson, Tunnell, and Sheehan voting in favor of the motion. Item 9 D -- Councilmember Tunnell voiced her objection to the off-premise billboard sign. Greg Jones, Chief Building Official, stated that the sign would come down upon 75 % completion of the subdivision. Mayor Pro Tern Robertson moved to approve Item 9 D. Councilmember Sturges seconded the motion; the motion carried 4-1 with Mayor Pro Tern Robertson and Councilmembers Sturges, Watson, and Sheehan voting in favor of the motion and Councilmember Tunnell voting against the motion. 10. PUBLIC HEARING: Consider approval of Case No. ZC-S84(CH), zoning change from O (Office) and R (Retail) to C (Commercial), on approximately 16 acres located at the northwest corner of Beltline Road and MacArthur Boulevard; east of the TP&L transmission llne. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Heating and asked for those persons wishing to speak regarding this proposal. Pat Keenan, 412 Wellington advised that he was generally in favor of this zoning change; and Debra Dezendorf, 468 Shadowcrest expressed concern over the changing of zoning on the properties within the city. Mayor Morton noted that most every use under the new zoning would require a Special Use Permit and the applicant would have to go through hearings. Mayor Pro Tem Robertson moved to close the Public Hearing and approve Case No. ZC-584(CH), zoning change from O (Office) and R (Pet.ail) to C (Commercial), on approximately 16 acres located at the northwest comer of Beltline Road and MacArthur Boulevard; east of the TP&L transmission line. Councilmember Sturges seconded the motion; the motion carded 5-0 with Mayor Pro Tem Robertson and Councilmembers Sturges, Watson, Tunnell, and Sheehan voting in favor of the motion. 11. PUBLIC HEARING: Consider approval of a street name change from Coppell Road to Sandy Lake Road for that portion of CoppeH Road between the existing Sandy Lake Road and the existing Thweatt Road and for consideration of a street name change from Thweatt Road to Sandy Lake Road in its entirety. 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 speak regarding this proposal. Debra Dezendorf, 468 Shadowcrest, voiced her concern over changing a piece of Coppell history. Mayor Pro Tern Robertson moved to close the Public Hearing and approve a street name change from Coppell Road to Sandy Lake Road for that portion of Coppell Road between the existing Sandy Lake Road and the existing Thweatt Road and approve a street name change from Thweatt Road to Sandy Lake Road in its entirety. Councilmember CMIOI~S Pa~e $ of' 10