CC approval on 2/8/94J~j~)"'~"'^"'""'~' AGENDA REQUEST FORM
CITY COUNCIL ~G Fohr.~ry ~, 10q4 ITEM NUMBER
ITEM CAPTION:
PUBLIC HEARING:
Consideration and approval of S-1076 Special Use Permit for Boston Chicken, to change the zoning from LI
(Light Industrial) to LI. S. U. P. (Light Industrial, Special Use Permit), located along the southeast corner of
MacArthur Boulevard and Beltline Road, at the request of Winkelmann & Associates, Inc.
OTHER REP.:
DATE:
EVALUATION OF ITEM:
Date of P&Z Meeting: January 20, 1994
Decision of P&Z Commission: Approval (7-0) with Commissioners Alexander, Wheeler, Thompson, Tunnell,
Meador, Redford and Hildebrand voting in favor. None opposed.
BUDGET AMT. Af/~ AMT. ESTIMATED
AMT. +/- BUDGET'-/ FINANCIAL REVIEW BY
COMMENTS:
The following conditions apply:
(1) All required parking be provided on-site, and
(2) additional off-site parking be immediately adjacent to this site to the south.
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LEGAL REVIEW BY: ~ i~, i ~ 9 y REVIEWED BY CM:
AGENDA REQUEST FORM REVISED 2/93 ' .
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE #: S-1076, S.U.P. (LI TO LI. S.U.P.) Boston Chicken
Restaurant
P & Z HEARING DATE: January 20, 1994
C. C. HEARING DATE: February 8, 1994
LOCATION: East side of MacArthur Blvd., just south of Mobil Oil service
station
SIZE OF AREA: .73 acres of land
CURRENT
ZONING: (L1) -- Light Industrial
REQUEST: Special Use Permit for a Boston Chicken Restaurant
APPLICANT: BeltlinedMacArthur Ranch Winklemann and Associates
Limited Partnership (Engineer)
7001 Preston Road, Suite 222 12800 Hillcrest, Suite 200
Dallas, TX 75205 Dallas, TX 75230
(214) 490-7090
HISTORY: In September of 1993 this same applicant requested a SUP across
MacArthur Blvd. from the subject request. Because of a
parking problem, and the inability to resolve it to the satisfaction
of the Boston Chicken people, that case was asked to be denied.
Council took formal action on Dec. 14, and this re-submittal is the
result of that action. On Dec. 16, the Planning Commission, by
a vote of 4-2 recommended that this S.U.P. be denied. The
applicant has submitted this revised plan which shows all
required parking being provided on site.
Item 5
TRANSPORTATION: MacArthur 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 on the west side of
MacArthur.
SURROUNDING LAND USE & ZONING:
North -Mobil Oil service station; LI
South - existing shopping center; LI
East - vacant parcel; LI
West - developing parcel; LI
COMPREHENSIVE PLAN: The Comprehensive shows a mixed use area with no apartments
ANALYSIS: Our analysis of this request is similar to the first one we did for this same
applicant when located across the street. Basically, the site is too small for a
3000 square foot restaurant and the attendant parking required. As clearly stated
in the zoning ordinance, required parking must be provided on the same site as
the main use. This applicant was aware of the requirement but will make a case
involving the number of parking spaces provided by the Valley Ranch Center, the
fact that there are more spaces provided than required, and this applicant's ability
to use those overage spaces for this use. We also understand that this applicant
may approach the Board of Adjustment to gain a variance from the required
spaces needed to serve this restaurant use--which is legally questionable. We
have also heard that the applicant might replat adjacent land on the east, bring it
into this parcel, and thereby meet the provisions of the Ordinance.
Staff is not objecting to the use being proposed here. We do believe that the
method utilized to make a legal site is somewhat unusual, and would not condone
this procedure in the city. The basic issues we were concerned with in the first
submittal--namely traffic circulation--works much better on the east side of
MacArthur. The applicant must still procure a variance from the monument sign
guidelines to place his identification sign on site, his landscaping plan must
comply with the Streetscape ordinance, and it appears he will eventually provide
enough parking for this use, with 6" fire lanes constructed .
In the best sense, staff would recommend that a replat occur to insure enough
legal on-site parking is being provided before recommending approval of this
request. Whether the applicant can live with that or not is to be determined; we
do know that this application has been around in some form of evaluation for the
last three months--it appears that something tangible is on the horizon.
This applicant has decided to not petition the Board of Adjustment for a
parking variance, and the attached S.U.P.site plan reflects all required
parking being provided on-site. That being the case, and the applicants
statement that additional off-site parking is immediately adjacent to this site
on the south warrants a staff recommendation for approval subject to site
plan and conditions.
ALTERNATIVES: 1) Approve the zoning request
2) Deny the zoning request
3) Modify the zoning request
ATTACHMENTS: 1) SUP Site Plan
2) Perspective Drawing
3) Landscape Plan
REGULAR SESSION (Open to the Public)
4. Reconvene Regular Session
Mayor Morton reconvened the Regular Session.
5. Invocation
Councilmember Reitman led those present in the Invocation.
6. Pledge of Allegiance
Mayor Morton led those present in the Pledge of Allegiance.
7. Citizen's Appearances
A. Kent Moore, 400 Southwestern, informed Council that he had just read 1979 through
1986 issues of the newspapers and he discussed legal fees and the fact that he feels that
legal fees are excessive. Council was requested to solve the MUD issue without a
lawsuit.
B. Barbara Austin, 632 E. Sandy Lake Road; Tim House, 400 Parkview; Bill Anderson,
327 Tanglewood; Mark Wainscott, Midway Road, Dallas; Nettie Long, 836 DeForest;
Jack Bommarito, 834 Lockhaven; Ed Thomas, 721 Greenway Drive and Mary Lynn
Anderson, 625 Andover addressed the Council concerning the absorption of the MUD
into the City.
The Consent Agenda was considered at this time. See Item #20 for minutes.
8. PUBLIC HEARING: Consideration and approval of the Second Replat of
Valley Ranch Center, Block 1, Lots B-R1 and B-R2, located at the southeast
corner of MacArthur Boulevard and Beltline Road, at the request of
Winklemann & Associates, Inc.
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 against
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.
Councilmember Weaver moved to approve the Second Replat of Valley Ranch Center, Block
1, Lots B-R1 and B-R2, located at the southeast corner of MacArthur Boulevard and Beltline
Road. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro
Tem Robertson and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison
voting in favor of the motion.
9. PUBLIC HEARING: Consideration and approval of S-1076, Special Use
Permit for Boston Chicken, to change the zoning from LI (Light Industrial)
to LI.S.U.P. (Light Industrial Special Use Permit), located along the southeast
corner of MacArthur Boulevard and Beltline Road, at the request of
Winklemann & Associates, Inc., and a report by the Director of Planning and
Community Services.
CM020894
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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 against
this proposal. There were none. He then asked for those persons wishing to speak in favor of
this proposal. Dane Riddenhour, Architect, addressed the Council regarding the project. Mayor
Morton then closed the Public Hearing. Mayor Pro Tem Robertson moved to approve S-1076
Special Use Permit for Boston Chicken, to change the zoning from LI (Light Industrial) to
LI.S.U.P. (Light Industrial, Special Use Permit), located along the southeast corner of
MacArthur Boulevard and Beltline Road, subject to the following conditions: 1) all required
parking be provided on-site, 2) additional off-site parking be immediately adjacent to this site
to the south, and 3) subject to the site plan, landscape plan, and conceptual drawing.
Councilmember Mayo 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.
10. PUBLIC HEARING: Consideration and approval of Case No. S-1073, Special
Use Permit site plan for a drive range, to change the zoning from A
(Agricultural) to A.S.U.P. (Agricultural Special Use Permit), located at the
northwest corner of I.H. 635W and Beltline, at the request of Mr. William
Powell and a report by the Director of Planning and Community Services.)
The Mayor reminded Council that the Public Hearing on this item remains open from the
January 11, 1994 Council Meeting. Gary Sieb, Director of Planning and Community Services,
made a presentation to the Council. After lengthy discussion, motion and withdrawal of motion,
Councilmember Garrison moved to continue to hold the public hearing open to February 22,
1994. Mayor Pro Tem Robertson 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.
After Council considered Agenda Items 11, 12, 13, 14 and 15, a motion for reconsideration was
made on Item 10, and with the public hearing still open, Bill Powell, Applicant, 2069 Camelot,
Lewisville, addressed the Council concerning the driving range. David McCallum, 316
Parkview Place expressed his views against making exceptions to public policies. Mayor Morton
closed the Public Hearing. After considerable discussion, Mayor Pro Tem Robertson moved to
consider the approval of Case S-1073, Special Use Permit site plan for a driving range, to
change the zoning from A (Agricultural) to A.S.U.P. (Agricultural, Special Use Permit), located
at the northwest corner of I.H. 635W and Beltline with the following conditions: 1) that the site
plan must reflect the location of inlets on Beltline Road, 2) that the approval of the City Council
requesting that the waiver of the sidewalk requirements, and 3) the site plan should reflect the
requirements of the Streetscape Plan, and 4) that the applicant would be allowed to install a 6-
inch water line and a 4-inch sewer line from his property to the connection of Beltline Road at
his expense and that the City shall have no responsibility for the line and a hold harmless
agreement would be executed between the City of Coppell and the Applicant that the line is not
part of the City of Coppell nor will it be maintained by the City of Coppell in any way now or
in the future. Councilmember Watson seconded the motion; the motion failed 2-5 with Mayor
Pro Tem Robertson and Councilmember Watson voting in favor of the motion and
Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting against the motion.
11. Discussion and consideration of sanitary sewer improvements. Report by the
City Manager and the City Engineer.
City Manager Jim Witt addressed the Council regarding this issue. Councilmember Stably
moved to form a MUD Sanitary Task Force comprised of the current City Council Liaisons
Reitman and Garrison plus Councilmember Weaver, two members of the MUD Board and two
citizens. Said task force is to bring a preliminary report back to Council in 45-days. Mayor
Pro Tem Robertson seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson
and Councilmembers Weaver, Stably, Watson, Reitman, Mayo, and Garrison voting in favor
of the motion.
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