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CC approval on 8/8/2006 THE.crTY'OF AGENDA REQUEST FORM ,~-. corrELL DEPT: Planning DA TE: August 8, 2006 ITEM #: 12 ITEM CAPTION: PUBLIC HEARING: Consider Approval of Case No. PD-215-LL Yictron Energy, zoning change request from LI (Light Industrial) to PD-215-Ll (Planned Development-2 t 5-Ll) to allow the development of a 4,248-square-foot convenience store, 1,4 t 4-square-foot restaurant and a 5,1 04-square-foot canopy over six gas pumps on 1.68 acres of property within the City of Coppell and an additional 0.66 acres of lease area (DFW Airport Land outside of Coppell City Limits) located south of LBJ (IH 635). east of Royal Lane. Motion to close the Public Hearing & Approve subject to conditions 1, 2, 3, 5, 6 and revising condition 4 to read: "Recognition of the existing billboard as a non-conforming use." GOAL(S): PPROVED BY Crry COUNCIL ONABOVEDA~rE M - Brancheau S - York Vote - 7-0 EXECUTIVE SUMMARY: . Libby Ball 16. 2006.08.2 2 15:56:38 -05'00' Date of P&Z Meetim!: July 20, 2006 Decision ofP&Z Commission: Approval (5-0) with Commissioners Hall, Foreman, Haas, Kittrell and Reese voting in favor. None opposed. Approval was recommended, subject to the following conditions: I) Submit evidence of all required approvals from the DFW Airport Board as they relate to the "Lease Area" prior to the issuance of any permits from the City of Coppel!. 2) Provide a copy of all-necessary permits and documentation from TCEQ for the proposed on-site sewage disposal system. 3) Provide a copy of all-necessary permits and documentation from TXDOT allowing for drainage and utility construction in their right-of-way and under the existing overhead lines. 4) Recognition of the existing billboard as a legal, non-conforming use. 5) Submission of written contirmation from TXU that all uses as proposed on the site plan are permissible within their easement. 6) Hours of operation shall not exceed 6:00 a.m. to t I :00 p.m., 7 days a week. Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: @3PD-215-LI, VE l-AR CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT Case No.: PD-215-LI'I Victron Ener2Y P&Z HEARING DATE: c.c. HEARING DATE: July 20, 2006 August 8, 2006 STAFF REP.: Marcie Diamond, Assistant Planning Director LOCATION: South ofLBJ (IH 635), east of Royal Lane SIZE OF AREA: 1.68 acres of property within the City of Coppell and an additional 0.66 acres of lease area (DFW Airport Land outside of Coppell city limits) CURRENT ZONING: Light Industrial REQUEST: Zoning change request to PD-215-LI (Planned Development-215- LI) to allow the development of a 4,248-square-foot convenience store, 1,414-square-foot restaurant and a 5,104-square-foot canopy over SIX gas pumps. APPLICANT: Prospective Purchaser: Victron Stores, LP 901 F ems Avenue Waxahachie, TX 75165 972-938-3920 FAX: 972-937-0271 Engineer: Michael Alturk, P .E. MA Engineering & Construction 1120 S. Freeway, Suite 118 Fort Worth, Texas 76104 817-885-8600 FAC(:817-796-1042 HISTORY: There has been no rezoning or replatting activity on this tract. In February 2002, City Council approved a request by the current property owner to abandon the right-of-way for Cotton Road, which previously abutted this property to the south. One-half of the right-of-way was acquired by the property owner to the north and Item # 9 Page 1 of 4 the remaining one-half to the property owner to the south, DFW Airport. During this abandonment process, all utility companies were contacted. All signed off with no conditions except for TXU (which was Oncor at that time), who requested an easement be retained due to the active facilities that were within this right-of- way. This abandonment action increased the size of the subject tract by approximately 0.3902 of an acre or 16,995 square feet. TRANSPORTATION: Lyndon B. Johnson Freeway (IH-635) is a freeway with variable width right-of-way. Royal Lane is designated as a 6-lane divided thoroughfare with 110 ' R.O.W. SURROUNDING LAND USE & ZONING: North - Lyndon B. Johnson Freeway (IH 635, LBJ Freeway) East - Lyndon B. Johnson Freeway (IH 635, LBJ Freeway) South - Undeveloped; DFW Airport Property West - Undeveloped; DFW Airport Property COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for Light Industrial/Showroom uses. DISCUSSION: This proposal is for a 4,248-square- foot convenience store, 1,414 Subway restaurant and a 5,104-square-foot canopy with six gas pumps. This property is unique, in that it is the only property located on the south side of LBJ Freeway within the city limits of Coppell and not a part of the DFW Airport holdings, It appears this property was originally carved-out to allow a billboard to be erected on the site. The prospective purchaser desires to develop the site, while retaining the billboard. A combination of its location, shape and size present several development challenges including the provision of utilities, circulation and access. DFW Land: To support all of the proposed uses, and meet circulation, queuing and landscaping requirements, the applicant has been negotiating with the DFW Airport Board to lease a portion of their land (28,971 square feet) for parking and circulation. We also have been in close contact with the DFW Airport real estate planning staff throughout this process and have committed to condition Coppell's approval on Airport Board's approvals. Staff understands the proposed lease will have a 40-year life. Therefore, a condition has been added to the PD that in the event DFW terminates the lease, the uses will be terminated and these buildings will be demolished. Utilities: The provision of utilities has also been a challenge for this site. Item # 9 Page 2 of 4 Water -A 12-inch water line will be extended from the north side of IH-635 by boring under this freeway. The size of the line has been increased to assure sufficient capacity for both domestic needs and fire protection. Preliminary Grading and Drainage Plan - The Plan currently indicates the drainage from this site will be into the TXDot right- of-way. The applicant will need to provide written confirmation from TxDot for this to be allowed. Sanitary Sewer - Addressing sanitary sewer is the largest utility issue. The owner's engineer analyzed several alternatives resulting in the findings that the most viable and economically feasible alternative is to provide for an on-site sewerage disposal system (see attached e-mail from Michael Alturk). While this is not the preferred option, it could be supported in this unique situation. It also must be noted that this system is also regulated by TCEQ, and a copy of the permit must be provided to the city. The City of Coppell's and DFW Airport's Environmental Departments will also be reviewing this proposed septic system. Billboard: There is currently a billboard on the site, which is a legal, non- conforming use, whereas it was legal when constructed, but is currently non-compliant with the sign ordinance of the City of Coppel1. Now that this site is being redeveloped, it is reasonable to request this non-conforming issue be cured. Therefore, part of staffs recommendation will be the removal of the billboard. Building Elevations: The colors, signage, roof slopes, windows, architectural accents and overall design of this development are not typical of those found in similar buildings in Coppell. Even though physically separated from most of Coppell, the building design should reflect the standards adhered to by the rest of the development in the city. Finally, discrepancies exist in the notes for the attached signage. Dual notes exist indicating white channel letters as well as various colors, and it appears that proposed colors for "Tiger Mart" do not comply with the logo being no larger than 20% of the area of the sign. It is assumed that the letters in the Subway are all white. Although staff does have concerns relating to the proposed on-site sewage disposal system, the need to coordinate and receive approval from so many other agencies (DFW Airport Board, TxDOT, TCEQ, TXU) and the architectural character of the building, staff can conditionally support this request to bring this difficult site into development. Item # 9 Page 3 of 4 RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION: Staff is recommending APPROV AL of PD-215-Victron Engergy, subject to the following conditions: 1) Submit evidence of all required approvals from the DFW Airport Board as they relate to the "Lease Area" prior to the issuance of any permits from the City of Coppell. 2) Provide a copy of all necessary permits and documentation from TCEQ for the proposed on-site sewage disposal system. 3) Provide a copy of all necessary permits and documentation from TXDOT allowing for drainage and utility construction in their right-of-way and under the existing overhead lines. 4) Removal of the billboard prior to the issuance of a building permit. 5) Submission of written confirmation from TXU that all uses as proposed on the site plan are permissible within their easement. 6) Landscape Plan must signed by the Landscape Architect who sealed the plan, and notes need to be corrected. 7) Revise the building design to reflect the retail standards in the City of Coppell. 8) Resolve the discrepancies in the notes for the attached signage, and assure compliance with the Sign Ordinance. 9) Corrected mitigation calculations and a tree removal permit will be required prior to the removal of any trees. ALTERNATIVES: 1) Recommend approval of the request 2) Recommend disapproval of the request 3) Recommend modification ofthe request 4) Take under advisement for reconsideration at a later date. A TT ACHMENTS: 1) E-mail from Michael Alturk concerning Sewer Service 2) Site Plan 3) Landscape Plan 4) Tree Survey 5) Elevations Item # 9 Page 4 of 4 Sewer Service to the Proposed Coppell Site at SE Comer of Royal Lane and 1-635 Page 1 of2 Marcie Diamond - Sewer Service to the Proposed Coppell Site at SE Corner of Royal Lane and I From: To: Date: Subject: "michael alturk" <michaelalturk@sbcgloba1.net> <MDIAMOND@CI.COPPELL.TX.US> 7/13/20067:54:58 AM Sewer Service to the Proposed Coppell Site at SE Comer of Royal Lane and I Sewer Service to the Proposed Coppell Site at SE Corner of Royal Lane and 1-635 There are two possible alternates to serving the proposed site with sewer service in-lieu of the Septic System currently shown on the preliminary design for your consideration. AL TERNA TE I: This witt be a gravity sewer system constructed by dry boring method with steel casing pipe consisting of the following items: . 1500 lineal feet of 8 inch sewer line . 1500 lineal feet of 14 inch steel casing pipe . 4, 10 foot by 30 foot bore pits . 2-3 manholes . Connection to existing manhole This alternate will take a direct route from the proposed site to an existing manhole located on the north side ofI- 635 just to the east of Park & Fly lot, which will have enough depth to allow this connection. Difficulties in accomplishing this task: . Finding a utility contractor witting to take the risk to run such a long bore with all liability issues involved . Access restraints around 1-635 to in the case of need to dig for problems in boring . Conflicts with other utilities along the north side ofI-635(i.e. fiber optic, gas, phone.. .etc.) . The absorbent cost estimated at about $550,000. . The time constraints for coordination with all parties to complete task ALTERNATE II: This will be partially gravity to a lift station then partially pressured system for the rest of the way. The method of construction witt involve open cut as well as dry bore across the paved lanes of 1-635. The items required to accomplish task are the following: . 200 lineal feet of 8 inch sewer line . 270 lineal feet of 4 inch steel casing pipe . 1100 lineal feet of 3 inch force main . 4, 10 foot by 30 foot bore pits . 2 manholes . Connection to existing manhole This alternate will take a route from the proposed site towards the comer ofI-635 and Royal lane for a lift station s and a force main from the lift station along Royallane to the north just short of the park & Fly lot. file:/ /C :\temp\GW} 00002.HTM 7/27/2006 Sewer Service to the Proposed Coppell Site at SE Comer of Royal Lane and 1-635 Page 2 of2 Difficulties in accomplishing this task: . Finding a utility contractor willing to take the risk to run such a long bore with all liability issues involved . Access restraints around 1-635 to in the case of need to dig for problems in boring . Conflicts with other utilities along the north side ofI-635(i.e. fiber optic, gas, phone.. .etc.) . The absorbent cost estimated at about $450,000. . The time constraints for coordination with all parties to complete task . Connection is made to a private system on Park & Fly lot (no luck trying to get them to communicate the possibility of connection In addition, the location of either system in public right of way and all the maintenance issues involved in keeping a complicated system to serve one small entity such as the proposed development of about 5600 s.f. building fi le:/ /C :\temp\GW} 00002.HTM 7/27/2006 ~_2'~ 10/,,1. 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