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CC approval on 2/13/90 AGENDA REQU FORM PUBLIC HEARING: iTEM CAPTION.' Consideration of a zoning change, Case %S-1047, from (LI) Light Industrial, to (LI-S.U.P.) Light Industrial Special Use Permit, to allow the operation of a restaurant, located at the southeast corner of MacArthur Boulevard and/B~tlin~ RD~, tat the request of Chaucer Chem.: .... ./ ,,~ "', , ""-- ' ..-" ~'---..~.. SUBMITTED BY: -'Dir--tor - STAF EP.: Taryon P. B_owman ' -~IALUATION OF IT : DATE: Date of Planning & Zoning Commission Meeting: January 18, 1990 Decision of Planning & Zoning Commission: Approved (6-0) Applicant is requesting approval of a S.U.P. to allow the operation of a restaurant. Please see attached staff report for further information. "APPRO VED DATE BI.GET AMT.: N/A AMT. ESTIMATED: AMT. +/- BUDGET: CO}~ENTS: FINANCIAL REVIEW BY: LEGAL REVIEW BY: _ REVIFw'ED BY CM: ~.,~J ~/_~ AGENDA REQ FORM. O588DS CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT DATE: January 18, 1990 RE: CASE #S-1047 APPLICANT: Chauncar Chern LOCATION: Near the southeast corner of MacArthur Boulevard and Beltline Road in the Tom Thumb Shopping Center. SUPPOSING LAND USE & ZONING: Restaurant is located within a Retail Shopping Center. ALTERNATIFES: Approve the Sgecial Use Permit Deny the Special Use Permit ATTACHMENTS: 1) Site Plan NUMBER OF NOTICES MAILED: 7 STAFF RESPONSE: Applicant is requesting approve! of a Special Use Permit to allow the operation of a Chinese Restaurant. Staff recommends approval. ITEM 6 S1047STF .. BELTLINE ROAD ! . . .... y,~.v. . _ -I ~ I ~ q I ; { OUTPARCEL : ~" .... , . ~ ~ L. ' ~ AVA~A~E '%. · ~--~ ' · 2~-'-: ~'-e ' ~ '~'-~ ~'-: '~'-~-~ _~ ~:'~: ...... d · ~ AV~ v ~ AV~A~ 4 ~b ~ ..... - ...... ~- - A~AL CL~C .... -- ~ ~ELL . . .~ ........... ~ SF - , ~ . ' ' . - ~ .... ~_..~'' · . ..~ ,' ~~'- PLANNING AND ZONING COMMISSION The Planning and Zoning Comaission of the City of Coppell met in pre-session at 6:30 p.m. and in regular session at 7:30 p.m., on Thursday, ~anuary 18, 1990, in the Coppell Town Center, 255 Parkway Boulevard, Coppell, T~xas 75019. The following np_~hers were present: Chairman ~oe Munsch Vice-Chair~an Peyton Weaver Co~missioner Robert Green Commissioner Melvin Gross Co. missioner ~eorge Redford Commissioner Marsha Tunnell Co. missioner Robert Scott was absent. Also present were Director of Planning & Community Services 6ary L. Sieb, P&Z Coordinator Taryon Bounden and Administrative Secretary Linde Glidewell. Item 5: Approval of Minutes of December 21, 1989 Coe~lesionet Redford moved to approve the minutes of December 21, 1989, with suggested corrections to Ite~ #6, and Item #9. CommissionWeaver seconded the motion; motion carried (6-0) with Chair~n ~unsch and Con~issioner Green, Gross, Redford, Tunnell and Weaver voting in favor of the motion. PUBLIC HF~RINC~ Item 6: Consider a zoning change, Case #S-1047, to allow the operation of a restaurant, located at the southeast corner of MacArthur Boulevard and Beltline Road, at the request of Chaucer Chem. PIZ Coordinator Taryon Bowman introduced the item to the Com~ission. Ms. Bowman stated that this request is to allow the operation of a Chinese Restaurant. She further stated that the location of this request is actually the new Tom Throb Center at Beltline Road and MacArthur Boulevard. Ms. Bowman then stated that seven (7) property owners within 200 feet of this request were notified by mail. None of the reply forms were returned. Ms. Bowman then stated that this property is completely surrounded by the retail shoppin~ center; therefore, staff recommends approval of this request. Chaucer Chern was present to represent this item before the Commission. Mr. Chern stated that he is the architect, engineer and contractor for this project. He stated that they have an existing full service restaurant at Northwest High~ay and Marsh Lane. They are attempting to expand into a new fast food type of service. liinutes of ~anuary 18, 1990 Planning & Zoning Com~tssion Page 2 In answer to questions from the Comission, Nr. Chern stated that this restaurant will have an open type kitchen, where the customer will actually be able to see the food being prepared. Hr. Chern also stated that they will be atteapting to emphasize the speed, while still trying to keep with the original taste of the food served at the existing full service Chinese restaurant. Chairman Munsch then opened the public hearing and asked for persons wishing to speak in opposition to the request. There were none. He then asked for persons wishing to speak in favor of the request. Those persons speaking were: Mr. ~erry Lacy L.H. Lacy Company The public hearing was then declared closed. Following discussion Comtssioner Tunnell ~oved to approve Case #S-1047. Colissioner Redford seconded the motion; motion carried (6-0) with Chairman Nunsch and Com~issioners Green. Gross, Redford, Tunnell and Weaver voting in favor of the motion. Item 7: To consider a Planning Co~ission authorized Public Hearing to dete~mine proper zoning on a tract of land (50.64 acres) located near the southeast corner of Thweatt Road and State Road. The public hearing has been called to deter~ine if (PD-SF-9) Planned Development Single Family-9 is the proper zoning for said tract. Director of Planning and Co.unity Services Gary L. Sieb introduced the item to the Co~ission. ~r. Sieb gave a brief history of this case. He stated that on September 21, 1989, the Planning Com~ission considered a request for a change from (LI) Light Industrial to (SF-7) Single Family-? on this piece of property, and recommended denial of that request. The applicant made a request to the City Manager to appeal that decision before the City Council. On October 10, 1989, that request went before the City Council. At that hearing the Council modified the proposal, and granted a (PD-SF-9) Planned Development Single Family-9, which is a zoning classification the Planning Co~ission had not considered at their Septeaber 21, 1989 hearing. Conditions for approval by Council included: that the tract as developed would contain houses that contained at least 1,600 square feet on each of those lots; that there be a 40% maximu~ coverage, 80% masonry construction, and all other conditions typical of inclusion in (PD-SF-9) zoning. The two major (SF-9) guidelines that the developer did not follow is that (SF-9) requires a 75 foot minimu~ lot width and a 9,000 square foot lot area. This is the reason for the (PD). Councilmen Morton, Smothermon, Cowman, Robertson and Nelson voting against the motion. Following further discussion, Mayor Pro Tem Wilkerson moved that the City approve Resolution 021390.2 suspending T.U. Electric Company's rate increase request and authorize the Mayor to sign. Councilman Smothermon seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Co~an, Robertson and Nelson voting in favor of the motion. Staff was requested to give feedback to Council concerning what needs to be done next on this item. Councilman Cowman volunteered his assistance in looking at this matter and Bringing it back to the Council. Item 9: Discussion and consideration of waiving the water bills for the Bethel Cemetery property. Mr. Willis Wilson, 417 West Bethel Road, made the presentation to the Council. Mr. Wilson stated that the site is a historical site and that the Bethel Cemetery Association is a non profit Association. The Association feels that tbs cemetery is a part of tbs City and that funds should be provided for the payment of water bills or waiving of payment. Mayor Wolfe reminded tbs Council that tbs City's concern dealt with bond covenant Section 28 (D) Page 15 that states "that no free service of tbs system shall be allowed". Deputy City ~nager/Finance Director Frank Trando indicated that the water bill is current at this time and that generally for seven (7) or eight months (8) the bill runs the basic amount which is $5.60. The highest bill, during the summer months, is approximately $60. Following discussion on this item, Councilman Smothermon moved that this item be referred back to staff for a solution. Councilman Cowman seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. Item 10: Consideration of a zoning change, Case #S-1047, from (LI) Light Industrial, to (LI-S.U.P.) Light Industrial Special Use Permit, to allow the operation of a restaurant, located at the southeast corner of MacArthur Boulevard and Beltline Road, at the request of Chaucer Chem. Prior to presentation of this item, a question was raised concerning the posting of this item as a public hearing. The posted Agenda does not indicate the item is a public hearing; however, Director of Planning and Community Services Gary Sieb informed the Council that the item was advertised as a public hearing. City Attorney Larry Jackson stated that the item may be heard as a public hearing since it was published as such and properly advertised. Director of Planning and Community Service Gary Sieb then made the presentation to the Council. Mr. Sieb stated that the property is located at the southeast corner of MacArthur and Beltline Road and is a 2,000 square foot restaurant site that will serve approximately 50 patrons. The restaurant will also provide walk-in and take out service. Seven notices were sent with no replies being received back. The Planning and Zoning Commission has recommended unanimous approval of this request. Mr. Chaucer Chern, applicant, was also present to discuss this time with the Council. Mr. Chern stated that he anticipates an opening date of May 1, 1990. Mayor Wolfe then declared the public hearing open and asked for those persons who wished to speak against the proposed zoning change, there were none. Mayor Wolfe then asked for those persons who wished to speak in favor of the proposed zoning change. Again, there were none. The public hearing was declared closed. Following discussion on this item, Councilman Morton moved that the zoning change be approved as requested. Councilman Robertson seconded the motion; motion carried 7-0 with Mayor Pro Tem Wilkerson, Councilmen Thomas, Morton, Smothermon, Cowman, Robertson and Nelson voting in favor of the motion. PAGE 5 OF 9