S-1174R, Deliman's GrilleAGENDA REQUEST FORM
COFPELL
DEPT: Planning & Economic Development
DATE: November 12, 2002
ITEM #: 16
ITEM CAPTION:
PUBLIC HEARING:
Consider approval of Case No. S-1174R, Deliman's Grille, zoning change request from PD-133-HC (Planned
Development- 133 -Highway Commercial) to PD- 133R4-HC-S.U.P- 1174R (Planned Development- 133R4-Highway
Commercial, Special Use Permit-1174R), to amend various development standards of the Planned Development
and to allow the construction of an approximate 3,649 square-foot restaurant with a drive-through pick-up window
and private club, to be located along the west side of Denton Tap Road, approximately 204 feet north of Natches
Trace. APl>ROVED BY
Cl FY COUNCIl,
ON ABOVE DATE
rl Motion to Close PH
M
Tunnell
GOAL(S): M - S,over 5 - Broncheou
5 - Herring Vote - 5-1
EXECUTIVE SUMMARY:
Vote - 6-0 Stover Against
Date of P&Z Meeting: October 17, 2002 York Absent York Absent
Decision of P&Z Commission: Approval (5-1) with Commissioners McCaffrey, McGahey, Halsey,
Dragon and Foreman voting in favor. Commissioner Kittrell opposed.
Motion to Approve
w/cond. 3, 4 & 7 below
Approval is recommended, subject to the following conditions:
t ~ A. ~ fG~ ...... : ...... 11 ~1 .... 1~ ......... ~1 ..... 1~ ....... 1;~ (CONDITION MET)
(CONDITION MET)
3) Hours of operation be from 6 a.m. to 10 p.m. seven days per week.
4) Development of the property shall be in accordance with the site plan, floor plan,
landscape plan, and elevations submitted with this application.
Archi .................. rr ......*~ ......... ,~ ..................... u ....
ZC...,~ ............ - v ......................... ~ ............... e,. (CONDITION MET)
(CONDITION MET)
7) A notation be made that the drive-through will not include any speaker or microphone.
(CONDITION MET)
Staff recommends approval.
DIR. REVIEW: ~-~
FIN. REVIEW:
Agenda Request Form - Revised 09/02 Document Name: ~IS1174R I-AR
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: PD-133R4-HC-S-1174R
DELIMAN'S GRILLE
P & Z HEARING DATE:
C.C. HEARING DATE:
October 17, 2002 (originally heard on Sept. 19, and held under
advisement with the hearing left open)
November 12, 2002
STAFF REP.:
Gary L. Sieb, Planning Director
LOCATION:
Along the west side of Denton Tap Road, approximately 194 feet
north of Natches Trace.
SIZE OF AREA:
Approximately 3,649-square feet.
CURRENT ZONING:
PD~ 133-H C (Planned Development- t 33-Highway Commercial ).
REQUEST:
PD-133R4-HC-S-1174R (Planned Development-133R4-Highway
Commemial-Special Use Pennit-1174 Revised) for a restaurant and
private club.
APPLICANT:
Jay Khorrami
449 W. Bethel Road
Coppell, Texas 75019
972462-0101
FAX: 972-304-1864
Danny Tosh Architect
16051 Addison Road, Suite 206
Addison, Texas 75001
972-991-4475
FAX: 972-991-4243
I-~STORY:
Page 1 of 7
This property was zoned PD-Highway Commercial in the mid- 1990's
as part of an 87 acre tract zoned for single family and flood plain/park
uses. The initial application for this PD indicated single family for
the areas adjacent to S.H. 121 and Denton Tap Roac[ However,
Highway Commercial zomg was ultimately established on this tract
to provide a buffer between the resident~ ~ncl the hi~h-tra.ffic
intersections. I ~~[} TO
Item # 6 / C.C.
L~5:~ I,/,~/oC-
On February 17, 2000, the Planning and Zoning Commission
recommended denial of a Spedal Use Permit for a Burger King
restaurant on this same parcel of property. This request was not
appealed to City Council due to overwhelming opposition by the
residents in the Magnolia Park subdivision.
On May 9, 2000, Council approved a detail plan for a 15,600 square-
foot retail building on approximately 2.1 acres of property along
Denton Tap Road, which abuts the current request area to the north.
Most of this retail center has been occupied by medical facilities.
On December 11, 2001, Council approved a detail plan for a 6,000
square-foot Community Credit Umon, which is currently under
construction at the southwest comer of Denton Tap and S.I-[ 121.
On April 9, 2002, Council approved S-1197 for Donut Place to be
located in Magnolia Village. This 1,088 square-foot lease space has
yet to be occupied.
On September 19, 2002, the Planning Commission held a public
hearing on the above-captioned case and held the ease over to the
October 17 meeting with the hearing left open.
TRANSPORTATION:Denton Tap Road is a P6D, six-lane divided thorouglffare conta'med within a
100-120 foot right-of-my. S.H. 121 will be built to freeway
standards within 450 feet of right-of-my.
SURROUNDING LAND USE & ZONING:
North- Community Credit Union, under construction: PD-133R3- HC
South - Common Open Space/Single Family: PD-133-SF,
East - vacant and Denton Creek Elementary School and Middle School
North; HC and SF-7
West - Single-family; PD- 133, Magnolia Park
COMPREHENSIVE PLAN:
The Comprehensive Plan shows the property as suitable for
regional retail uses.
DISCUSSION:
Page 2 of 7
The applicant desires to construct a 3,649 square-foot restaurant
with private club and drive-through service. The restaurant will
have a seating capacity of 120, and three additional four-seat tables
Item # 6
Page 3 of 7
will be located outside, at the southeast comer of the building,
adjacent to Denton Tap Road. The site plan indicates that there
will be 36 parking spaces, which is in compliance with the parking
requirements of one space per 100-square feet of gross floor area
for this use. The proposed hours of operation are 5 a.m. to t0
p.m. seven days a week.
This site will have two access points, one driveway onto Denton Tap
Road and a second via the extension of the mutual access easement
through the existing Magnolia Village retail (medical) center. The
mutual access easement to the north will allow access to this site for
the northbound traffic via the existing hooded left-turn lane. The
drive-through lane will mn parallel to the west and south sides of
the building, with queuing available for five ears without
conflicting with the parking spaces or fire lane. An "escape lane"
is also being provided.
There are significant outstanding issues with this request. The first
issue is the lack of required screening adjacent to the residential
zoning. Specifically, a variance is being requested to Sec. 12-33-1.
Location of required screening, which requires:
"Where the side, rear, or service side of an apartment, or
the side, rear, or service side of a non-residential use is
adjacent to a single-family or two-family residential
district, a screening wall not less than six feet in height
shall be erected separating the use from the adjacent
residential district. In addition, a perimeter landscape area
at least ten feet wide shall adjoin the screening wall. The
perimeter landscape area shall contain trees spaced no less
than 40feet apart..."
The applicant is requesting that the six-foot screening wall
terminate adjacent to the existing single-family home on Lot 20 of
Magnolia Park, and Afghan Pine trees be utilized as a visual screen
between the restaurant and the common open space of this
residential subdivision. Staff does not support this deviation from
the Zoning Ordinance. Given the proximity of this restaurant and
the drive-through lanes to this open space area and its visibility
from Natches Trace, it is recommended that the six-foot screening
wall be extended to Denton Tap Road and that this masonry wall
be further augmented by the installation of the pine trees, 15 feet
on center. It is also recommended that these pine trees be
Austrian Pines instead of Afghan Pines due to the fact that
Austrian Pines are denser and would provide a better visual screen.
Austrian Pines will have a height of 10 to 12 feet at the time of
planting and 40 feet at maturity, which will provide a solid
Item # 6
Page 4 of 7
screening exceeding the six-foot height of the wall. This would
further obscure the view of this building from the adjacent
properties. A few Live Oak trees may be included to add interest
to the design. Staff is also recommending that these Austrian
Pines be extended adjacent to all property lines, which abut single-
family zoning, with Live Oak trees being used as "accent" U'ees.
In terms of landscaping, it appears that most of the requirements
are being met; however, a landscape island and an over-story tree
are required at the end of all rows of parking. Both the required
tree and landscaping have been omitted at the south corner of the
building, where the outside dining is proposed. This requirement
needs to be met.
A double dumpster is located 10 feet from the western property
line, adjacent to the residential subdivision, and in full view of
Denton Tap Road. Although it is proposed to be screened by an 8-
foot masomy enclosure with corrugated metal gates, it is
recommended that this dumpster be relocated further from the
residential area and oriented in such a manner that it is less visible
from Denton Tap Road.
The hours of operation are requested to be from 5 a.m. to 10 p.m.
seven days a week. Given the residential adjacency issues, staff is
concerned with the operation of this restaurant and especially the
drive-through. A menu board is indicated on the site plan,
however, additional information is needed. Will the menu board
have a speaker system, or will all orders be handled at the
window? What is the size of the menu board? How will it be
illuminated?
The site plan includes some information on the lighting of the site,
in terms of location, height and wattage of bulb; however, the
specific type of fixtures has not been included. There is concern of
the impact of this lighting on the adjacent residential properties.
Approximately 50 feet from the western property line a 20-foot
pole light with 400-watt fixture is proposed. Will this be visible
from the residential properties? Will security lights remain on all
night?
Signage is another issue with this request. Per the provisions of
Section 12-294.3(A)i. of the Zoning Ordinance:
"Attached signs shall consist of individually mounted
channel letters in white, ivory, black or neutral colors.
Raceways shall match the color of the materials to which
they are mounted. ,4ll illumination shall be limited to white
Item # 6
Page 5 of 7
or off-white. Logos in any color shall be permitted, but
shall not exceed 20percent of the area of the sign."
The applicant is requesting signage on the east, north and south
elevations, consisting of the words "DELIMAN'S GRILLE" and an
internally lit logo on the north and east elevations. As provided for
in the sign ordinance, logos are permitted in any color; however,
they are not to exceed 20 percent of the area of the sign. On these
two elevations, the logo consists of over half the area of the sign.
Again, while any color logo is permitted, it is required that this
color be specified on the plans. Also, the color of the individually
mounted letters needs to be specified. In addition to these three
signs, 12 one-foot square cast stone logos (star with hamburger in
the middle) are being requested. The sign ordinance permits one-
square foot of signage per one-linear foot of frontage. Therefore,
45.66-square feet of signage would be permitted. As requested,
these signs do not exceed the aggregate amount of signage
permitted for this building; however, the logo exceeds the 20%
threshold for signage and additional information on colors needs to
be provided.
Again, per the sign ordinance, "A monument sign shall contain
only the name, logo, address, product or service of the
establishment", and "Can signs made of plastic or similar
materials are not permitted as detached (monumenO signs".
These provisions require signs that are made of the same materials
as the main building and the lettering being generally limited to
individually mounted channel letters. It is recommended that the
monument sign be designed similar to the Magnolia Village sign,
which is adjacent to this tract to the north.
The proposed elevations consist of a 100% md brick building, with
"Corrugated Shed Roof and Metal Awnings" as architectural
accents. In addition to not being compatible with the building
adjacent to the north, metal awnings are not permitted per Section
12-22-5 of the Zoning Ordinance, which states:
"... Awnings are limited to canvas, or a lusterless, non-
metal material that closely resembles canvas, at least 98
percent of which is a single deep or neutral solid color."
The applicant has specially requested that these metal awnings be
considered as a deviation from the Zoning Ordinance, g/yen that
this is a PD. However, staff cannot support this requested
divergence.
In sum, considering the number of outstanding issues and
additional information required to make a recommendation on this
request, staff is recommending that this case be held under
Item # 6
advisement until the plans are revised and all required information
is submitted.
Since the September hearing, the applicant has met with the
community, has had more detailed discussions with staff, and
substantially revised the original application. Under the
following "Recommendation..." Section, issues stated are
addressed in bold lettering.
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff is recommending that this request be HELD UNDER ADVISEMENT
to allow for the following revisions to be made and information is provided:
1. Extension of the required 6' brick screening wall along the southwest and
southern property line to Denton Tap Road. The applicant has agreed
to this screening wall and shows an 8 foot wall along the western
property line.
2. A majority of the trees planted adjacent to thc single-family zoning be
Austrian Pine trees, to be planted 15 foot on center, with a minimal
amount of Live Oaks as accent trees. The applicant has complied with
this request.
3. Revise the Landscape Plan to provide all required islands and trees. The
plan is now in compliance.
4. Correct the data table on the site plan to indicate 36 verses 37 parking
spaces being provided. This correction has been made.
5. Relocation of the dumpster further from the residential area and less
visible from Denton Tap Road. The dumpster has been relocated away
from the residential neighborhood, and is now placed more than 50
feet from the western property line.
6. Provision of additional information about the menu board; will it have a
speaker system, how will the menu board be illuminated, how large is it?
The menu board has been eliminated.
7. Additional specification is needed on the lighting fixtures in terms of
fixture types and potential for glare to southern and western property
lines. That information has been provided and complies with our
ordinance; the light fixtures have a maximum height of 18 feet.
8. Consideration of reducing the hours of operation, especially the drive-
through lane. The hours are stated as 6:00AM to 10:00PM, redaeed
from the $:00AM initial plan.
9. Provide additional details as to the color of the proposed attached
signage, and reduce the logo to 20% of each sig~ A color board has
been submitted which details all colors of building materials, as well
as logo reduction.
Page 6 of 7
Item # 6
10. Revise the monument sign to be compatible with the existing signage to
the north. The monument sign complies with code and is similar to the
monument sign on the property to the north.
11. Revise the elevations to be in conformance with Section 12-22-5 of the
Zoning Ordinance. Elevations conform to the Zoning Ordinance.
12. Submission ora color board with all materials included. The applicant
has provided the color board.
This applicant has made a concerted effort to address all concerns expressed by
staff during the September hearing. He has eliminated the menu board and any
speaker-oriented ordering of food, he has screened the property in excess of code
requirements, he has replaced trees with more compatible varieties, he has
reduced the hour~ of operation, and has addressed all other staff concerns
including building materials, signage, lighting, and dumpster location. That
being the case, staff would recommend approval of this zoning request based
upon the following conditions.
1) A 6 to 8 foot screening wall be constructed as shown on the site plan.
2) Light f'rxtures have a maximum height of 18 feet.
3) Hours of operation be from 6:00AM to 10:00PM seven days per
week.
4) Development of the property shall be in accordance with the site plan,
floor plan, landscape plan, and elevations submitted with this
application.
ALTERNATIVES:
I)
2)
3)
4)
Recommend approval of the request.
Recommend disapproval of the request
Recommend modification of the request
Take under advisement for reconsideration at a later date.
A~rACHMENTS:
I)
2)
3)
4)
5)
Site Plan
Hoor Plan
Landscape Plan
Elevations
Dumpster Screening and Monument Sign
Page 7 of 7
Item # 6