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Vly R Pl 1P/Re-AG 931012 (2)AGENDA REQUEST FORM CITY COUNCIL MEETING October 12, 1993 ITEM NUMBER ./ 7 ITEM CAPTION: PUBUC IIEARING: Consideration and approval of a replat (3rd) of Valley Ranch Plaza, Pads B-F, located near the southwest corner of MacArthur Boulevard and Beltline Road at the request of Urban Architecture. SUBMITTED BY DATE: EVALUATION OF ITEM: Date of Planning and Zoning Commission: September 16, 1993 Decision of Planning and Zoning Commission: Approval (5-2) Please see attached staff report for further details. BUDGET AMT. AMT. +/- BUDGET AMT. ESTIMATED //~ .~ FIN AN C IAL REVIEW B Y~ "~ COMMENTS: LEGAL REVIEW BY: AGENDA REQUEST FORM REVISED 2/93 REVIEWED BY CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE #: Replat (3rd) of Valley Ranch Plaza, Pads B-F P & Z HEARING DATE: September 16, 1993 C. C. HEARING DATE: October 12, 1993 LOCATION: Near the southwest comer of MacArthur Blvd. and Beltline Road. SIZE OF AREA: 3.75 acres, affecting five pad sites CURRENT ZONING: LI REQUEST: To replat several pad sites in an area originally platted several years ago. APPLICANT: United Commercial Realty (Developer) 7001 Preston Road, Suite 222 Dallas, TX 75205 (214) 526-6262 Winklemann and Assoc. (Engineer) 12800 Hillcrest Rd. Suite 200 Dallas, TX 75230 (214) 490-70090 HISTORY: A Wendy's restaurant was zoned and replatted just south of this parcel approximately one year ago. TRANSPORTATION: MacArthur Blvd. is a six-lane divided thoroughfare which has been built to standard, contained within a 110 foot right-of-way. Beltline Road is proposed to be a six lane thoroughfare similar to MacArthur, but is currently not improved, although a 125 foot right-of-way has been procured at the northern boundary of this replat. Item 8 SURROUNDING LAND USE & ZONING: North - vacant; LI South - Wendy's restaurant; LI SUP East - Valley Ranch Center (shopping center); LI West - vacant; C COMPREHENSIVE PLAN: The Plan indicates a mixed use area with no apartments. ANALYSIS: One of the problems with attempting to influence development on properties which have been platted in the past when market conditions were different from today, is the fact that we are placed in a position of sometimes reviewing less than optimum development proposals. Such is the case with this replat. Not only are the pad sites very "tight", but the fact that this is the third attempt to plat this property for specific users today which were not (apparently) considered at the initial platting time, suggests minimal planning, at best. That coupled with the fact that parking proposed for site F barely complies with our parking requirements adds to our concern regarding overbuilding of the individual pad sites. In addition, it has been observed that the Wendy's facility has created a traffic problem in the area (visibility over the bridge, ingress and egress from Valley Ranch Center and the Wendy's site, stacking of traffic on MacArthur during heavy use periods, etc.), and the complexity of the easements, cross easements, firelane adjustments, access problems to the back pads, and a challenge to the replatting issue itself (see attached letter), gives us concern that this replat is not in the best interest of our citizens. Safety alone gives staff pause to recommend favorably on the request. In an attempt to reduce staff concerns, the applicant has agreed to submit a traffic study which (presumably) will conclude that there is no safety problem with the proposed replat. Because we received this report as the staff recommendation was being written (hence, no time to review it prior tO the docket being distributed to Commission) we will reserve comment on the merits of the report until the public hearing. However, if we have problems with the conclusions reached, we will be recommending that the replat be denied until all staff concerns have been favorable addressed. In addition, Engineering has specific concerns including: 1. the fire lane on the south side of Pad E does not match up with the lane on Pad H; 2. fire lanes should be 25 feet in width; 3. a deceleration lane (10-12 feet in width) should be shown and constructed on the west side of MacArthur Blvd (between pads D and F); o Floodplain Administrator note needs to be shown on the plat; all outstanding fees should be paid before plat recording; interior water and sewer lines are private lines maintained by the property owners--the City needs a maintenance agreement; drainage and grading plans need to be submitted; and escrow in the amount of $32,164.80 needs to be paid prior to Council consideration of the plat (201 feet on Beltline x $160/foot). Because of the complexity of this request, the challenge from an abutting property owner regarding the validity of the replat, staff concerns expressed above, and the lack of our technical review of the traffic study, staff recommends denial of this replat until such time that all our concerns have been addressed. ALTERNATIVES: 1) Approve the plat 2) Deny the plat 3) Modify the ATTACHMENTS: .stf 1) replat document 2) traffic study 3) suggested preliminary landscape plan 4) letter of challenge to replat W. T. "SKIP" T~KE ATTORNEYS AND COUNSELORS AT LAW 800 West Airport Freeway Suite 1020, L.B. 6086 Irving, Texas 75062 (214) 438-3900 W. T. "Skip" Leake Michael L. Atchley (214) 554-1219 September 2, 1993 City of Coppell Planning Department P. O. Box 478 255 Parkway Boulevard Coppell, Texas 75019 CMRRR# P 053 744 484 Re: Case No. Replat - Valley Ranch Plaza, Pads B-F and Case No. S-1070 Boston Chicken Restaurant Gentlemen: I represent Curtis L. Graf and Ronald J. Krause the fee owners of Pad H of Valley Ranch Plaza, hereinafter (the "Property"). My clients are the owners and beneficiaries of a non- exclusive perpetual easement of access (the "Easement") for purposes of ingress and egress to Pad H over and across Pad F and Pad G of Valley Ranch Plaza per the recorded Plat. This Easement was filed on September 13, 1988 and duly recorded in Volume 88178, Page 5634. Previously the City believed that a replat of Pads E, F and G supposedly abandoned the referenced easement. I do not see how that is the case without the written consent of my clients. Further in Case No. S-1028, the City Council approved a special use permit for my clients to construct and operate a self-service car wash on Pad H. However, the car wash development will now fail because the Wendy's Construction on Pad G and the proposed replat and construction of the Boston Chicken Restaurant on Pad F has and will landlock Pad H and deny access to Pad H for a meaningful use because of the obstruction of the Easement by Wendy's and/or the proposed Boston Chicken Restaurant. City of Coppell Planning Department September 2, 1993 Page 2 Further, please be advised that the Easement has not been abandoned, has never been abandoned and that Wendy's International, Inc. and/or Boston Chicken Restaurant have and will continue to interfere with my clients' access to and ingress and egress from their Property, Pad H by way of the Easement. As a result, my clients hereby protest and oppose the above referenced cases, because if granted same will destroy any legitimate use of Pad H as it will be la3~~d without access due to the interference and obst~cti~of the E~sement. / Please contact me should you w~sh ~y further information. Othe~ise I and my clients will se~ you on Sep~er 16, 1993 to p~licly oppose the referenced cas~s.~ // ~/W.~"Ski~' Make Enclosure:None xc: Curtis Graf Ron Krause File 1:34:19 Traffic Impact Study Vail a City of Coppell September, 1993 Leftwich & Associates 214/422-4782 INTRODUCTION Leftwich & Associates has been retained by Winkelmann & Associates, Inc., to conduct a traffic impact study for Valley Ridge Plaza located in the City of Coppell. This report documents findings pertaining to the study methodology, assumptions and conclusions relative to the proposed development plan. THE SITE Valley Ranch Plaza is located in the southeast quadrant of the City of Coppell, immediately north of the City of Irving. The site lies south of Belt line Road and west of MacArthur Boulevard as shown in Figure 1. United Commercial Realty plans a 27,350 square fcct (s.f.) mixed use development (see Figure 2). Currently, the site contains a 5,300 s.f. auto tire store and a 3,400 s.f. fast-food restaurant. The two out-parcels are expected to develop as a service station (9 pump) and free standing self-serve car wash (9 stalls). The City has requested that a traffic impact study be conducted for the total build-out of the development to determine adequate operation of existing and proposed driveways. AREA TRANSPORTATION FACILITIES Primary north/south access to the site is provided by MacAdhur Boulevard, a four-lane divided roadway north of Belt Une Road and a six-lane divided roadway south of Belt Line Road. In the City of Coppell Thoroughfare Plan, MacArthur is designated as a six-lane divided roadway from S.H. 121 to the south city limits of Coppell. Primary east/west access is provided by Belt Une Road, a two-lane undivided roadway west of MacArthur Boulevard and a six-lane divided roadway east of MacArthur Boulevard. The Thoroughfare Plan designates Belt Une Road as a six-lane divided roadway from Denton Tap Road to the east city limits. North Beff Line Rd. Ra I ~Cowboys Pk'wY. nch East Pkwy. ____._... LBJ Freeway (I.H. 635) Valley Ranch Plaza - Vicinity Map LEh~uich & ASSOCIATES FIGURE 1 Belt Line Rd. North ----I 3,380 S.F. I RETAIL I I 8~500 S.F. OFFICE SE~I~E :STATION :"~1 r- I 6,460 S.F. I I RETAIL (Blockbuster) I Legend ~ Existing ..... ! Proposed ~ Developed by Others .... Proposed Driveway 6,010 S.F. OFFICE I I I I 3,000 S.F. I I RESTAURANT I j (Boston Chicken) J 3,400 S.F. CAR WASH Valley Ranch Plaza - Site Plan Lefiwich & Associates FIGURE 2 The intersection of MacArthur Boulevard and Barf Line Road is signalized and lanes are modified to accommodate the transitions from six-lane divided to four-lane divided on the north approach and two lane undivided on the west approach. On the east approach of Barf Line Road, lane configuration is dual left, one through, and an exclusive fight turn. For the west approach of Belt Line Road, the existing 2-lane undivided roadway flares-out to provide an exclusive right turn lane, throo through lanes and an one left turn lane. The north approach of MacArthur Boulevard has a shared right/through lane, one through and one left turn lane. On the south approach MacArthur Boulevard has an exclusive left lane, one through, and a through/right lane. SITE TRIP GENERATION Based on the Institute of Transportation Engineer (ITE) Trip Generation, 5th Edition (1991), daily and peak hour trip rates for the following were selected: General Office (Land Use: 710, Table 4) General Retail (Land Use: 810) Restaurant with Drive-Through Window (Land Use: 834) Service Station (Land Use: 844) Car Wash (Land Use: 847) Tire Store (Land Use: 848) These rates were applied to the proposed and existing development and are shown in Table 1. Existing development was also assigned to the driveways to account for redistribution of tdps due to the availability of the proposed Belt Une Road driveway. Pass-by trips were calculated for applicable uses listed in the ITE Trip Generation, and percentages are shown in Table 1. Service station reductians were taken from information provided on page 1347 of the manual. Since the sample service stations also listed car washes as part of their service, the same reduction was taken for the proposed self service car wash. The pass-by trip reduction for a fast food restaurant with drive-through window is an average of the study found on page 1-27 of the manual. These reductions were not used when assigning trips to the ddveway approaches. Reductions were quantified, distributed on the roadway and subtracted from the background volumes. This ensured that tdps generated by the development and captured from the existing traffic stream were not counted twice. LEFTWICH & ASSOCIATES Transportation Planning & Engineering VRPTRPG2.WK4 09/08/93 VALLEY RANCI-I PLAZA - TABLE, I TRIPS GENERATED t PASS-BY REDUCTION Daily AM PEAK PM PEAK AM PEAK PM PEAK Tract # Use Density (s.f.) Volume In Out In Out In Out In Out A Service Station 9 pumps 97 52 44 68 68 54% 54% 58% 58% B Retail 3,380 n/a n/a n/a 8 8 n/a n/a n/a n/a C & E Office 14,510 335 22 22 23 23 n/a n/a n/a n/a D Retail 6,460 n/a n/a n/a 16 16 n/a n/a n/a n/a F Restaurant** 3,000 1,896 0 0 57 53 n/a n/a 43% 43% G Restaurant (Wendy's)** 3,400 2,149 0 0 65 60 n/a n/a 43% 43% H Car Wash* 3,400 972 18 18 36 36 54% 54% 58% 58% I Retail (Goodyear) 5,300 n/a 11 6 11 16 n/a n/a n/a n/a TOTALS 39,450 5,449 103 90 284 279 *ITE Rate est( ~bllshed from small (1) sample size ** AM Peak ~ccurs 11:00 am - 12 noon , ITE Trip Generation 5th Edition SITE TRIP DISTRIBUTION The regional trip distribution for this site was developed from information provided by the city (Subdivision Development Chart) as well as discussions with City staff. The following distribution was used to assign site traffic to the roadway network: · North 4C~ · South 15% · East 20% · West 25% Applying these distributions to the site generated traffic yields a trip assignment pattern for AM and PM peak periods as shown in Figures 3 through 6. BACKGROUND TRAFFIC VOLUMES Machine traffic counts for intersection of MacArthur Boulevard & Belt Une Road, Belt Une Road (between Moore & Mockingbird) and a 10/13/92 turning movement count for MacArthur Boulevard at the Wendy's/Tom Thumb ddveway were provided by the City of Coppell. These counts were used as background volumes. An annual growth rate of 3% was applied to the Belt Une Road count (11/92) in order to reflect present traffic. Pass-by trips calculated from ITE Tdp Generation information were developed. These tdps were distributed using site distribution percentages for all movements not accessing the site. Trips were then subtracted from background volumes in order to avoid double counting trips generated by the site. DRIVEWAY ANALYSIS The final traffic assignments strived to replicate ddveway distribution to individual driveways. Trips made by patrons from the west (25%) and a small percentage from the north (10%) and east (3%) are expected to use the proposed Belt line Road driveway. This drive will provide relief to the congestion currently experienced at the Wendy's/Tom Thumb drive. PM left turn access demand from the Belt Une Road ddveway is high but will can operate at an acceptable level if the proposed left turn bay for Belt Une is provided. The left 3 18 Belt Line Rd. 3 18.3 I I I I I 3,380 S.F. I I RETAIL I I I 18 7 42 SEmlCE STATION ~ No~h 8,5OO S.F. OFFICE 6,460 S.F. RETAIL (Blockbusters) Legend ~ Existing ~, Proposed ~ Developec by Others · · Proposed Driveway I 6,010 S.F. I OFFICE I I I I I 3,OO0 S.F. I I RESTAURANT I j (Boston Chicken) j 3,400 S.F. CAR WASH Valley Ranch Plaza - AM Peak Inbound (104) 11 10 i 2 LEhwich & Associ^'J'F_.s FIGURE 3 31 12 Belt Line Rd. North I I 3,380 S.F. I I RETAIL I 8,500 S.F. OFFICE ': SEmitE STATION: i:1 I- 6,460 S.F. RETAIL Legend ~ Existing ..... j Proposed ~ Developed by Others .... Proposed Driveway 6~]10 S.F. OFFICE I 3,000 S.F. RESTAURANT I 3,400 S.F. CAR WASH Valley Ranch Plaza - AM Peak Outbound (90) LEan, ich FIGURE 4 Belt Line Rd. North 76. 11 I I I I I 3,380 S.F. I I RETAIL I I I 8,500 S.F. OFFICE 24 18 113 SERVICE STATIO-N~ 10 I-' I I 6,4.60 S.F. I I I RETAIL I I I . Legend ~ Existing ', Proposed ~ Developec by Others .... Proposed Driveway I 6,010 S.F. I OFFICE I I I I I 3,000 S.F. I I RESTAURANT I I J A3,400 S.F. R WASH Valley Ranch Plaza - PM Peak Inbound (284) 48 I 6 Leftwich & Associates FIGURE 5 98~c North >58 3,380 S.F. RETAIL 8,500 S,F. OFFICE Belt Line Rd. I I I I I Legend ~ Existing j Proposed ~ Developed by Others .... Proposed Driveway 6,010 S.F. OFFICE 3,400 S.F. CAR WASH j>34 SE~iCE:STATION :-:J ,J, I-- I 6,460 S.F. I RETAIL I I ,-I I 3,000 S.F. I RESTAURANT I J Valley Ranch Plaza - PM Peak Outbound (279) ~10 2 15 Lefiwich & Associates FIGURE 6 turn lane will allow vcestbound left turning vehicles from the site to be 'shadowed' in the median if necessary. Left turning traffic should find acceptable gaps in the westbound through traffic due the platooning of vehicles by the adjacent signalized intersection. It is suggested that a 'Do Not Block Intersection' sign be installed facing eastbound traffic. This will allow access openings for ~vestbound left turns if stacking occurs from the traffic signal. Figures 7 and 8 show the peak period inbound and outbound assignments and background volumes. Traffic entering the existing driveways along MacArthur Boulevard should affract 30% from the north, 15% from the east, and 15% from the south. It is expected that the majority of southbound right-turn-in traffic will use the northernmost driveway in order to avoid conflicts from left turn and through vehicles at the Wendy's/Tom Thumb driveway. AM Peak left turn and through movements can be accomplished during the gaps caused by the signal at MacArthur Boulevard and Belt Une Road. The PM Peak period turning movement count for left turns at this drive is presently 39 vehicles per hour. Under full development left turns should increase by 3, to a total of 42. The turning movement count showed that the outbound through movement is 3% of the driveway volume. This percentage ~vas maintained at full development (estimated 10 vehicles/hr.), ff is expected that some of these trips may exit at the Belt Une Road drive,ray if conflict and delay is unacceptable at the Wendy's/rom Thumb drive. The addition of a deceleration lane at the proposed nodh MacArthur Boulevard driveway will help southbound tr~fic accessing the site. This lane will remove the inbound site traffic from the MacArthur Boulevard through movement. The deceleration lane is seen as an advantage because southbound through traffic will not be delayed by right turns and can clear sooner providing additional gap time for left and through movements at the Wendy's/Tom Thumb driveway. All driveways should operate adequately at full build-out of the site with the addition of the deceleration lane on MacArthur Boulevard and the median opening on Belt Une Road. Figures 9 and 10 show the peak period inbound and outbound assignments and background volumes. Beff Line Road North NOt to ~ 316 (3) (18) 722 (18) (31) (12) Valley Ranch Plaza - AM Peak- Background + (Site) Leftwich & Associates FIGURE 7 Belt Line Road North (11) (24) 379 (76) (98) (53) Valley Ranch Plaza - PM Peak- Background + (Site) Leftwich & Assodates FIGURE 8 North Proposed Blockbuster (3) Proposed Boston Chicken (2) ) (1) ~ Wendy's (3) Goodyear 21 2 52 Valley Ranch Plaza - AM Peak - Background + (Site) Leftwich & Associates FIGURE 9 The City With A Beautiful Future P.O. Box 478 Coppetl, Texas 75019 214-462-0022 October 13, 1993 United Commercial Realty 7001 Preston Road, Suite 222 Dallas, TX 75205 RE: Replat (3rd) of Valley Ranch Plaza, Pads B-F Dear Sirs: This letter is to inform you that your request for approval of a replat (3rd) of Valley Ranch Plaza, Pads B-F, located near the southwest corner of MacArthur Boulevard and Beltline Road at the request of Urban Architecture, was approved by the Coppell City Council on October 12, 1993, with the following conditions: the fire lane on the south side of Pad E should match up with the lane on Pad H; fire lanes should be 25 feet in width (east/west lane can be temporarily constructed with asphalt paving); a deceleration lane (10-12 feet in width) should be shown and constructed on the west side of MacArthur Blvd (between pads D and F); Floodplain Administrator note needs to be shown on the plat; all outstanding fees should be paid before plat recording; interior water and sewer lines are private lines maintained by the property owners--the City needs a maintenance agreement; drainage and grading plans need to be submitted; and escrow in the amount of $32,164.80 needs to be paid prior to Council consideration of the plat (201 feet on Beltline x $160/foot). Your next step in this process is to prepare the replat for execution. The replat must reflect any revisions and/or conditions as approved by the City Council. A set of detailed instructions are outlined for your use on the attached document. As explained in the attachment, if your replat is not submitted within six months (April 12, 1994) to the Planning Department, the plat will be deemed null and void and resubmittal will be required according to the current subdivision regulations. Any questions regarding this process should be addressed to Taryon Bowman, Planning and Zoning Coordinator, at (214) 462-0022. "G~'L./8ieb, A.I.C.P. E~rector~of Planning & Community Services GLS:bjh Attachment xc: Winklemann and Associates Taryon Bowman, P&Z Coordinator Building Inspection The City With A Beautiful Future P.O. Box 478 Coppell, Texas 75019 214-462-0022 FILING OF EXECUTED FINAL PLAT - PROCEDURES Following approval of the final plat by the City Council, and correction of the plat as required by the City Council, the information listed below must be completed prior to submission of the Final Executed Plat to the Planning Department. Original signatures on all plats. Names must be typed or printed below each signature. Signature block of Utility Companies, with original signatures of each representative. Nine (9) paper copies and two (2) mylars. Paper copies must be folded. You may submit additional copies for your use; however, the above mentioned amount must be returned to the City. Clear film positives, I each; 1" = 600' and 1" = 200' of the parcel only. (For plats larger than 20 acres). [] Three (3) 8 112' x 11" sheet size, reduced copies of the executed plat. Transmittal letter, including the name and telephone number of contact person. All blank spaces completed, with the exception of the signature of City Officials. When the information listed above is complete; submit nine (9) bluelines, two (2) mylars and a transmittal letter to the Planing Department. It will take approximately 3 - 5 weeks, to review and obtain signatures. Once the proper signatures have been obtained, the Planning Department will telephone the person listed as representative or contact to pick-up the plats. The representative shall submit filing fees and the required number of copies with the County Clerk. The applicant completes the filing process and returns the required number of filed copies, reduced copies and clear film positives to the Planning Department. Said copies shall reflect on each sheet, the volume and page of the Map and Plat Records into which the plat was filed by the County Clerk. If the final plat has not been submitted for signatures by City Officials within six (6) months after approval, the plat shall be deemed null and void, resubmittal shall be required, and current subdivision regulations apply. EXEPLPRO.93 North Proposed Blockbuster (15) $ Proposed Boston Chicken (42) (1 o) (2) Wendy's (15) W c~. Goodyear Valley Ranch Plaza - PM Peak- Background + (Site) ~ 77 ¢ 9 Leftwich & Associates FIGURE 10 CONCLUSIONS The Wendy's/Tom Thumb driveway will operate at an acceptable level of service. The site at full development adds $ left turn vehicles to the present volume, Through and left turn movements may not be significantly increased because of the addition of ddveway access on Belt Une Road and the additional driveway on MacAdhur Boulevard. The Beff Une Road driveway should operate at an acceptable level of service with the addition of o left turn bay and 'Do Not Block Driveway' sign advising eastbound traffic, The existing signal will provide acceptable gaps in westbound through traffic for left turn maneuvers, The proposed driveway on MacArthur Boulevard will help relief the heavy dght turn traffic into the site. The deceleration lane allows site traffic to be removed from the through movement. This should allow through traffic to clear foster thus providing additional gaps for left turns out of the site (at the Wendy's/Tom Thumb driveway). The southernmost driveway is a right-turn-in and right- turn-out only movement. Traffic volumes entering and existing the site using this driveway are expected to be Iow and will not have a significant impact on MacArthur Boulevard. 17. Public Hearinm ~ Consideration and approval of a replat Ord) of Valley Ranch Plaza, Pads B-F, located near the southwest corner of MacArthur Boulevard and Beltline Road at the request of Urban Architecture. 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 in opposition of this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Kirk Williams, 1700 Pacific Avenue, Dallas, representing the Applicant spoke in favor of the replat. Mayor Morton then closed the Public Hearing. Mayor Pro Tem Robertson moved to approve a replat of Valley Ranch Plaza, Pads B-F, located near the southwest corner of MacArthur Boulevard and Beltline Road and authorizing the Mayor to sign. Councilmember Garrison seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 18. Public Hearino: Consideration and approval of a zoning change from {ID to (LI.S.U.P.), Case #S-1069, Special Use Permit request to operate a paint and body shop at Nikor Commerce Center, located at the southwest corner of Wrangler Drive and Crestside Drive at the request of Fred Shade. 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 in opposition of this proposal. Greg Hawk, 314 Woodhurst, addressed the council regarding his concerns about this type of business. Mayor Morton then asked for those persons wishing to speak in favor of this proposal. Larry Eisenburg, representing the owners of the shopping center, spoke to Council regarding his support for this zoning change. Fred Shade, Applicant, addressed the Council regarding his support for this zoning change. Lance Fullenwider, 347 Harwell, stated he was neither for nor against, but has no problem with the zoning change based on the assurances he has been given by the Applicant. Mayor Morton then dosed the Public Hearing. Mayor Pro Tern Robertson moved to approve a zoning change from (LI) to (LI.S.U.P.), Case #S-1069, Special Use Permit request to operate a paint and body shop at Nikor Commerce Center, located at the southwest corner of Wrangler Drive and Crestside Drive with the following conditions: 1) no outside storage of automobiles at night; 2) no working on vehicles outside; and 3) subject to site plan as submitted, and authorize the Mayor to sign. Councilman Garrison seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor of the motion. 19. Public Hearing: Consideration and approval of a zoning change, Case #ZC-549 (Waters Edge, Phase ID from (C) to (SF-7), located along the north side of Sandy Lake Road, 465' west of MacArthur Boulevard at the request of Waters Edge Joint Venture. 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 in opposition of this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Morton then closed the Public Hearing. Tim House, 400 Parkview, representing Matthews Southwest and Waters Edge Joint Venture, addressed the Council explaining the proposed plans and requested approval. Mr. House also volunteered to have notice provided to the homeowners to show they are backing up to Commercial Zoned Property. Mayor Pro Tem Robertson moved to approve a zoning change, Case #ZC-549 (Waters Edge, Phase II) from (C) to (SF-7), located along the north side of Sandy Lake Road, 465' west of MacArthur Boulevard. Councilman Mayo seconded the motion; the motion carded 6-1 with Mayor Pro Tern Robertson and Councilmembers Stahly, Watson, CM0101293 Page s ors