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CC approval on 10/13/92 -c,~~.. AGENDA REQUEST FORM ~y m-m~m ~mm ~ ~/~) CITY COUNCIL ~EnNG October 13, 1992 I~ ~~ ~ ~ ITEM CAPTION' P~BLIC ~RARIRg: To consider approval of a zoning change, Case fS-1061, from (LI) Light Industrial, to (LI-SUP) Light Industrial Special Use Permit, for the operation of a Subway Restaurant, located at 820 S. HacAtthur Boulevard, Suite ~126, at the request of Nt. Thomas Chapman. STAFF~.: Planning Director, GaryL...~b OTHER REP.: [EVALUATION OF ITEM- Date of P & Z Meeting: September 17, 1992 DATE: Decision of P & Z Commission: Approval (5-0) A PPRO VEO C~TY COWN~CIL /~1/~ lq cz _ DATE /' / Please see attached staff report for further details. BUDGET AMT. AMT +/- BUDGET COMMENTS: N/A AMT. ESTIMATF-D FINANCIAL REVIEW BY LEGAL REVIEW BY: REVIEWED BY CM: CASE #: P & Z HEARING DATE: C. C. HEARING DATE: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT S-1061 (Subway - MacArthur Boulevard) September 17, 1992 October 13, 1992 LOCATION: 820 S. MacArthur Boulevard, Suite #106. SIZE OF AREA: 1,190 square feet REQUEST: Approval of a special use permit for the operation of a Subway restaurant. APPLICANT: Mr. Tom Chapman 716 Falcon Lane Coppell, Texas 75019 (H) 214-462-8381 (O) 214-922-1616 TRANSPORTATION: Access to this site will be served by MacArthur Boulevard and Beltline Road. SURROUNDING LAND USE & ZONING: North - Vacant; R & MF-2 South - Vacant; LI East - Vacant; LI West - Commercial Uses; LI zoning ITEM 5 ANALYSIS: Permission to allow the operation of a restaurant is requested by Mr. Thomas Chapman. At present, there are two other restaurants within the Tom Thumb shopping facility; one being a Chinese restaurant, and the other a pizza restaurant. Mr. Chapman has had success with his Subway Restaurant located at Denton Tap and Sandy Lake Road, and believes he will serve the Coppell and Valley Ranch community as well, at this proposed location at MacArthur Boulevard and Beltline Road. Staff has no objections to the approval of this request. ALTERNATIVES: 1) Approve the zoning change 2) Deny the zoning change 3) Modify the zoning change ATTACHMENTS: 1) Zoning Exhibit 2) Floor Plan sl061.stf ZONING EXHIBIT APPUCATION/OWNER; THOMAS E. CHAPMAN 716 FALCON LANE COPPELL, TEXAS 75019 462-6,181 HOME 922-1610 OFFICE SUBINAY REAL ESTATE CORP. 325 BIC DRIVE MILFORD, CT. 0648O-3O59 800~88-4846 LEGAL DESCRIPTION: A RESTAURANT FOR ON AND OFF PREMISE CONSUMPTION OF FOOD AND NON-ALCOHOUC BEVERAGES, WHICH ARE TYPICALLY SERVED BY SUBWAY SANDWICH SHOPS IN THE DALLAS AND FORT WORTH METROPOMTAN AREA. ~.I1_ ........ --4 IJTJ~ C,H/~PHAN ' m~==~ J VALLEY E^N_.C:H I ROGER DALTON J J ""'K"ERR[[ SW/~R~RTCK ..,~/ PLr..A~E: ~[ STIR[ TO trnl. ZZr Tt4ZS DI~PAGE~ 1)R&'VB, IG VHL~ I,~U'CT~(G V]IH LOCN- ~I.I~])~NG I,, HEALTH TH&IIECTBRS TO VNtTF'Y VHETHER THE PRaPI3$E1) PLNd HEETS VITH M3C~L C[]~OEE R£~JESTING ~ FULL-~£T OF' PLN4~. INOTE"THESE PLANS ARE FOR REVIEW ONLY AND ARE NOT TO BE CDNSTRUE~B AS FZNAL APPROVAL.' OFFICE & STDRAGE t~'-7' 4# SITE PLAN L~ us~ PHAS~ ONE P AR~.L ONE CULLUM PARCEL PARCEL ~ PAO BUILD~HG OU~PARCEL TOTAL BUILDING AREA ~79,988 SF 223,202 SF 55.775 SY 23.733 SF' 482,696 SF 820 8. MacARTHUR TENANT ZONIN~ W PHASE ON(] PARCEL ONE CUU. UM PARCEL PHASE PARCEL ONE PARCEL TWO TOTAL 55,750 PHASE I SUITE ~ ~EET 11,025 SF 18,412 SF loo 4.000 SF !01 1,686 SF 102 1,684, SF 103 1,4.OO SF 104 2,500 SF 105 1,050 SF 106- 107 2,059 SF 108 2.500 SF log t,050 SF 110 1,260 SF 171 1,050 SF 112 2,000 SF 113 1,200 SF 114 1,024. SF 117 3,000 SF 118 2,000 SF 119 1,960 SF 120-- 124~ 2.840 SF 125 2.200 SF 55,750 SF VALLEY RANCH CENTRE 121,650 MOVIES 'N RECORDS AVAILABLE PIZZA HUT COPPELL TRAVEL VALLEY RANCH CLEANERS MAIL BOXES ETC. AVAILABLE CENTURY 21 STATE FARM INSURANCE DR. WAYNE & .dULIE SCOTT/DENTIST SIX CUT 'N UP CHINESE RESTAURANT OPTOMETRIST ALLSTATE INSURANCE &VAILABLE ANIMAL CLINIC OF COPPELL CEClUA MOORMAN'S HAIR SALON AVAILABLE PETS N MORE TOM THUMB ~. 5UBI~A? LOCATION MAP VALLEY RANCH CENTRE ~ aP ~I'AT~ FAIJ i Southeast Corne~ of Beltline Rood and MocArthur Blvd. United Comme~'0ial Realty ?001 luITeotOu Rd., tlulte l~ C opc,,~l. Texos 07107/92 88024., I 2 19. Discussion regarding YMCA - City of Coppell Swimming Pool. Steve Goram, Director of Public Works, made the presentation to Council. He stated that staff spoke with the Texas Parks and Wildlife Department regarding the use of the City park for a swimming pool site, to be leased by the YMCA. The state indicated approval of this use is high due to the fact that a swimming pool site has always been in the park plan. The staff also reviewed other sites but did not feel comfortable with the other locations. The questions of liability were addressed, and the staff will now meet with the YMCA and the school for preliminary discussions. The staff will bring back a final proposal to Council for consideration. No action was required by the Council. 20. PUBLIC HEARIN(j; To consider approval of a zoning change, Case//PD-129-R, (Parks of Coppell, Tract HI), from (TC) Town Center, to (PD-SF-9) Planned Development Single Family-9, located at the southwest corner of Parkway Boulevard and Denton Tap Road, at the request of Dan Dowdey and Associates. Gary Sieb, Director of Planning and Community Services, made his presentation to Council. Bill Anderson, representing the developer Dan Dowdey and Associates, also made a presentation. He said they added alleys in the interior, which met the request of the Council. Mayor Wolfe asked for those persons who would like to speak in favor of this proposal, because this item was left open from the Public Hearing of September 8, 1992. There were none. He then asked for those persons who wished to speak against this proposal. Again, there were none. Mayor Wolfe then declared the Public Hearing dosed. Information regarding the hill, which would be a 16- foot rise from the center line, was discussed. Councilman Thomas expressed his appreciation to the efforts that the developer has performed, yet he stated that he does not believe this is the highest and best use for the land. He believes there are to many issues involved, and does not feel comfortable with it being a residential zoned area at this juncture. Councilman Weaver made the motion that the zoning change be approved with the condition that the developer maintain the preservation of the hill and the trees presently on that site, and that any material removed from that site will be only as required to construct streets and homes, and that material removal be approved by the City Engineer. Councilman Morton seconded the motion. The motion failed 2-5 with Councilmen Weaver and Morton voting in favor of the motion, and Mayor Pro Tem Smothermon and Councilmen Thomas, Mayo, Robertson and Garrison voting against the motion. Councilman Robertson moved to approve the item with the conditions that Mr. Anderson has brought forward as far as the grade change to be cut down approximately 30 feet, and to increase a 16-12 foot rise from the street level, and with the conditions on the face of a plat. Councilman Mayo seconded the motion. The motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Mayo, Robertson and Garrison voting in favor of the motion and Councilmen Weaver, Thomas and Morton voting against the motion. 21. Consider approval of a preliminary plat of Parks of Coppell - Tract IH, located at the southwest corner of Parkway Boulevard and Denton Tap Road, at the request of Dan Dowdey and Associates. Gary Sieb, Director of Planning and Community Services, made the presentation to Council. After discussion, Councilman Robertson moved to approve the preliminary plat with the same stipulations as agenda item g20. Councilman Mayo seconded the motion. The motion carried 4-3 with Mayor Pro Tem Smothermon and Councilmen Mayo, Robertson, and Garrison voting in favor of the motion, and Councilmen Weaver, Thomas and Morton voting against the motion. 22. PUBLIC HEARIN(3: To consider approval of a zoning change, Case #S-1061, from (LI) Light Industrial, to (LI-SUP) Light Industrial Special Use Permit, for the operation of a Subway Restaurant, located at 820 S. MacArthur Boulevard, Suite//124, at the request of Mr. Thomas Chapman. Gary Sieb, Director of Planning and Community Services, made his presentation to Council. He stated that, if the sign is oversized, it can be approved with the requirements of the sign ordinance being followed. Tom Chapman, representative of the Subway Restaurant, also CM101392 Page 5 of 10 addressed the Council. Mr. Sieb notified the Council that the representatives of the Subway Restaurant will apply for a variance from the sign ordinance for their sign. Following discussion by Council, Mayor Pro Tern Smothermon moved to approve this zoning change as submitted, but will not include any variance to the sign, which will come back to the Council later. Councilman Robertson seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. 23. PUBLIC HEARING; To consider approval of a replat of Valley Ranch Center, Block 1, Lots B-R1 thru B-R3, located at the southeast corner of MacArthur Boulevard and Belfline Road, at the request of United Commercial Realty. Gary Si,b, Director of Planning and Community Services, made the presentation to Council. Councilman Weaver moved to approve a replat of Valley Ranch Center, Block 1, Lots B-R1 through B-R3, located at the southeast corner of MacArthur Boulevard and Beltline Road, at the request of United Commercial Realty. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson, and Garrison voting in favor of the motion. 24. Citizens appearance by Walter Pettijohn to discuss with the Council the Donald R. Markey vs. City of Coppell lawsuit. Walter Pettijohn, 525 Oak Grove, Coppell, made a presentation to Council. He thanked the Mayor and Council for opening up communications, and apologized for requesting an item being put on the agenda, and then asking to remove it from the agenda. He stated he was hoping for a transcript of the heating. Four hearings were held on this item, and Mr. Pettijohn expressed several questions: 1) Why was it brought back the third time?, 2) Why did the District Court not settle this case?, 3) Why did the District court send it to mediation?, 4) How did Arthur Kwast cause this to go to court when he was not on the Board of Adjustments until several months after the case was filed? The case was filed on July 18, 1989 and Mr. Kwast was appointed to the Board of Adjustments in October, 1989. City Attorney Larry Jackson responded to Mr. Pettijohn's questions. 25. Citizens Appearances Johnny Thompson, 1780 E. Beltline, CoppeI1, expressed a complaint concerning the treatment of him by the City Staff. Walter Pettijohn, 525 Oak Grove, Coppell, thanked the City for paving Oak Grove Road. He also asked why the Citizens Appearance is at the end of the agenda. He would like to request it be put back at the first of the agenda. Michael Walsh, 309 Phillips Drive, Coppell, and Volunteer Coordinator for Kid Country, requested permission to use a speaker phone and advertise throughout the City Saturday and Sunday, October 17 and 18. Consensus on this item was given under the Mayor's Report. 26. Mayor's Report Mayor Wolfe gave an accolade to Fire Chief Clay Phillips for singing five (5) songs at the National Fire Fighters Memorial Service in Washington, D.C. Mayor Wolfe stated a Certificate of Achievement went to the Finance Department and Frank Trando for excellence in financial reporting for the third time. Mayor Wolfe stated the City of Sugar Land used the same materials that the City of Coppell's citizens used in defeating the Civil Service. CM101392 Page 6 of 10