Planning and Zoning Denies Two Applications Courtesy Notices Approved for Property Owners
December 18, 2017- KPM Ventures, LTD was denied for a Specific Use Permit (SUP) to allow a grocery store, Murphy IndoPak Supermarket. IndoPak Supermarkets wanted to locate on the 2.352 acres on the south side of Village Drive, adjacent to the DART railroad right-of-way and directly behind Christian Brothers Automotive. The property is zoned Retail/ Light Commercial. The applicant requested a Specific Use Permit (SUP) to allow a grocery store as a permitted use. The preliminary plan proposed a 17,000 square foot store. With 6 locations throughout the DFW metroplex, IndoPak sought to bring groceries specializing in African, Mediterranean, Middle Eastern and Southeast Asian items, including spices, meat and gift items to Murphy. Concern was raised by a neighboring doctor who cited the differences between the surrounding professional medical offices and the proposed ethnic supermarket, commenting on their experience with the smells at other IndoPak markets they had been to. The commission sought guidance for the planned development overlay from 2009 as to the express desire for “upscale” restaurants and boutiques in considering an SPU and what “upscale” meant in regards to it. Mr. Mayfield called it subjective and described the extra layer of SPU review for food places in this planned development as being because of the professional offices nature of the development. The motion to deny the SPU was unanimous.
Skorburg Company was denied for a Planned Development, known as Maxwell Springs, located along South Maxwell Creek on 13.452 acres across from the RaceTrac. The subject property is 13.452 acres located on the south side of FM 544, includes properties on both the west and east sides of S. Maxwell Creek Road. The applicant proposes to rezone these four properties from Single-Family Residential-20 to a Mixed Use Planned Development, which would include Single Family Residential - Patio Home and Neighborhood Services. 31 garden style homes would squeeze up against the Timbers at the rear of the property. The Concept Plan included a realignment of S. Maxwell Creek Road which would be phased.
According to City staff’s summary, “The first part of the road extension would be constructed with a temporary cul-de-sac when the residential subdivision is developed, with the existing roadway section of Maxwell Creek Road remaining in place as it is today. The remainder of the road realignment would be completed when the commercial property is developed. Neighborhood Services, Tract 2 - Tract 2 includes three pad sites. Land uses proposed in the NS are generally the same uses approved for the Jason's Deli/Timber Ridge Center PD. The differences are the deletion of Auto Supply Store and the addition of Assisted Living Facility and Independent Senior Living Facility uses. As previously mentioned, the Concept Plan includes a realignment of Maxwell Creek Road. The first part would be completed with the residential development. When any part of Tract 2 develops, the remainder of the Maxwell Creek Road realignment would be completed. At which time the existing right-of-way for Maxwell Creek Road will be abandoned with the existing city utility lines remaining in place. The road realignment includes connecting Oak Glen Drive to Maxwell Creek Road as required by the Subdivision Ordinance.”
Residents of the Timbers have been battling various forms of this development for high density over the past five years and spoke to the grind and relentlessness of developers during public comments. Groups in the SE quad of Murphy have fought higher density proposals and warned of giving a foothold to such developments such as Timber Ridge Center cited by staff above, as the proverbial slippery slope. The developers have expressed intentions to return with plans again in 2018.
A “Courtesy Notice” was voted on whereas Murphy Code of Ordinances Section 30.02.154 requires publication of a public hearing notice in the official newspaper and notification to property owners within 200 feet of a property under consideration for a rezoning or specific use permit (SUP). On November 7, 2017 City Council formally requested staff pursue revisions to the City's public hearing notification procedures for zoning cases and variance requests. More specifically, they asked to expand the notification distance from 200 feet to 500 feet. City staff has presented proposed changes so the additional property owners between 200 feet and 500 feet would receive a courtesy notice. The motion to pass was approved unanimously.