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CC approval on 9/12/95 AGENDA REQUEST FORM CITY' COUNCIL MEETING: September 1.2, .1.~5 ITEM # ITEM CAPTION: PUBLIC HEARING= Consideration and approval of S-1094R, Dairy Oueen Restaurant, zoning change from C (Commercial) to C-S.U.P (Commercial, Special Use Permit) to allow the expansion of the existing restaurant located at the northwest corner of the intersection of Southwestern Blvd. and D~nton Tap Road. .~ ._ ~ cou g - TITLE: Director of Planning & Co--unity Services INITI~L~ STAFF CemENTS: Date of P&Z Meeting: August 17, 1995 Decision of Commission: Approved (5-0) with Co~issioners Lowry, Wheeler, Thompson, Reyher and Stewart voting in favor. None opposed. Commissioner Redford was absent. A vacancy exists at the present time. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: Please see attached for conditions. FINANCIAL COMMENTS: FINANCIAL REVIEW: CITY MANAGER REVIEW: Agenda Request Form - Re¥ised 1/94 Put 'Ioldcntod" ixq~r in p~'inmr- AGENDA REQUEST NARRATIVE Ttm C~y Wi~ ^ ~uti~ S-1094R, DAIRY OUEEN RESTAURANT Conditions for approval: (1) Approval is subject to the site plan. A notation needs to be made on the site plan showing a 5-foot sidewalk easement along Denton Tap Road and noting that the sidewalk will be constructed when City Council deems it appropriate, and (2) the grading and drainage plans need to be submitted to the Engineering Department prior to receiving a permit. Age~da Narrative- Revised 1/94 $~llCh~k and ~a,~ Documma - Rr~cmb~r to am~:~ ntrrativ~ ~o ori~.~nal A~nda Requ~t. ~ SUPPORT DOCUMENTATION FOR AGENDA ITEM STAMP RECEIVED BY CITY MANAGER'S OFFICE: SUPPORT DOCUMENTATION SUBMITTED WITH ITEM: NO. OF ORIGINALS REOUIRED MEMOS/LETrERS/REPORTS/BILLS/MINUTE : X for a total of :/ pages CONTRACT/AGREEMENT ............ : 3 originals for signature C.I.P. CONTRACT .................. : 6 originals for signature CHANGE ORDERS ................. : 3 originals for signature ORDINANCE ..................... : 1 blueback for signature + 3 copies CAPTION ....................... : 1 blueback for signature RESOLUTION ..................... : 2 blueback for signature + 1 copy PROCLAMATION .................. : 2 blueback for signature + 1 BIDS ........................... 1 each SUPPORTING DOCUMENrFs (narrative) .... 19 + original (over 10 pages or 5 double sided in length) LOCATION MAPS ................... 14 ZONING PLANS .................... 14 PRELIMINARY/FINAL PLATS ........... 14 SITE PLANS ....................... ,~; 14 LANDSCAPE PLANS ................. 14 ARCHITECTURAL RENDERINGS ........ 14 LENGTHY DOCUMENTS .............. 14 (zoning, subdivision ordinance, master plans) DATE PUBLISHED IN THE CITIZENS' ADVOCATE: August 25, 1995 (to meet legal requirements prior to consideration by council) NOTIFICATION TO: Property owners within 200 feet METHOD OF CONTACT: Notice NOTES Agenda Request Distribution - Revised 1/94 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO: S-1094R, DAIRY QUEEN RESTAURANT P & Z HEARING DATE: August 17, 1995 C.C. HEARING DATE: September 12, 1995 LOCATION: Northwest comer of the intersection of Southwestern Boulevard and Denton Tap Road SIZE OF AREA: 0.837 acres CURRENT C (Commercial) ZONING: REQUEST: C-S.U.P. (Commercial, Special Use Permit) APPLICANT: Owner: Architect: Parrish Chapman Arthur Weinman P. O. Box 2368 6777 Camp Bowie, Ste. 339 Coppell TX 75019 Fort Worth TX 76116 (214) 638-4055 (817) 737-0977 Fax (214) 351-6989 Fax (817) 737-2203 HISTORY: The property consists of Lot 37 and a portion of Lot 36 within the North Lake Estates Subdivision, recorded in 1961. There has been no recent zoning or platting activity on the property. TRANSPORTATION: Denton Tap Road is a P6D six-lane major thoroughfare within a 100' right-of-way. The portion of Southwestern Boulevard adjoining the Dairy Queen is asphalt pavement with bar ditches within a 60'-wide right-of-way. It provides one-way, one-lane, westbound access between Denton Tap Road and the Dairy Queen south driveway entrance. West of the driveway the road is two- lane and two-way. Item 7 SURROUNDING LAND USE & ZONING: North - Undeveloped C (Commercial) South - Undeveloped LI (Light Industrial) East - Service Station with C (Commercial) West - Residential uses within C(Commercial) COMPREHENSIVE PLAN: The 1987 Comprehensive Plan designates a special use district in the area north of Southwestern Boulevard and west of Denton Tap Road. The plan anticipates that, as residential uses become obsolete, the area will transition to more intensive land utilization, including commercial, industrial, retail and office usage. The plan also recommends special development controls which recognize the existence of residential neighborhoods during the period prior to their conversion to other uses. ANALYSIS: The original Dairy Queen building provided exterior patio space under roof. Enclosure of the space requires the provision of additional parking. The Zoning Ordinance requires that parking spaces be on the same lot with the building except where an increase in the number of spaces is required by a change or enlargement of use. In such case the parking spaces may be as much as 600' distant. The original site and the expansion property are lots within a recorded subdivision, so platting is not required. Because the additional parking is permitted on the adjoining lot, replatting is unnecessary. If platting or replatting were required, the Subdivision Ordinance would exact the dedication of 10 feet of additional right-of-way along Denton Tap Road, as well as the provision of a 5'-wide sidewalk. The City could have required a sidewalk as a condition of the permit for the original building, but apparently did not. City Council could require a sidewalk now as a condition of a Special Use Permit. However, the space between the back of curb of Denton Tap Road and the edge of the existing Dairy Queen on-site pavement is virtually the only space available for frontyard landscaping, is only 41/2 feet wide, and is insufficient to provide for a standard sidewalk. In addition, requiring the sidewalk without any continuation sidewalks either north or south appears impractical. The proposed site plan shows a modification of the striping on the existing paved parking area, the construction of additional paved parking on the expansion site and the provision of landscape buffers surrounding the additional parking space. Enclosure of the patio area and remodeling of the interior space are the only other proposed changes to the existing layout. Item 7 RECOMMENDATION: Planning staff takes the position that the enclosure of patio space under an existing roof does not constitute a major modification of the restaurant and, therefore, does not justify additional on-site improvements other than as necessary to add parking which complies with landscaping guidelines. Staff recommends approval of the S.IJ.P. in accordance with the site plan and building plan submitted. We suggest further that the provision of sidewalks may occur when deemed necessary by additional construction activity around this site which could justify their provision. ALTERNATIVES: 1) Approve the S.U.P. 2) Deny the S.U.P. 3) Modify the S.U.P. ATTACHMENTS: 1) Site Plan 2) Building Plan 3) Departmental Comments Item 7 DEVELOPMENTREVIEc MMENTSli'illI ENGINEERING ii!i ,; ITEM: S-1094R. Dairy Queen Restaurant, zoning chang~ from C (Cen~m~rci, O __ to C-S. U.P. (Cotntnercial, Special Use Permit) to allow the expansion of the existing restaurant located at the northwest corner of the intersection of Southwestern Blvd., and Denton Tap Road, at the request of Arthur Weinman Architects. DRC DATE: July 27, 1~5 and August 3, 1995 CONTACT: Ken Griffin, P.E., Assistant City Manager/City Engineer (304-3679) PRELIMINARY /FINAL REVISED AFTER P&Z Site Plan Comments: 1. Please provide a 5' sidewalk adjacent to Denton Tap Road. If your intent is to request a waiver of the 5' sidewalk, please submit written request. 2. Grading and drainage plans need to be submitted to Engineering Dept. prior to receiving permit. Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 19. PUBLIC HEARING: Consider approval of S-1094R, Dairy Oueen Restaurant, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) to allow the expansion of the existing restaurant located at the northwest corner of the intersection of Southwestern Blvd. and Denton Tap Road. 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 regarding this proposal. Parrish Chapman, Applicant, addressed the Council. Ken Griff'm, City Engineer, addressed the issue of the sidewalk. Arthur Wrinman, Architect on the project, addressed the Council concerning the sidewalk. Councilmember Watson moved to close the Public Hearing and approve S-1094R, Dairy Queen Restaurant, zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) to allow the expansion of the existing restaurant located at the northwest corner of the intersection of Southwestern Blvd. and Denton Tap Road with the following conditions: 1) approval is subject to the site plan. A notation needs to be made on the site plan showing a 5-foot sidewalk easement along Denton Tap Road and noting that the sidewalk will be constructed when the City Engineer deems it appropriate, and 2) the grading and drainage plans need to be submitted to the Engineering Department prior to receiving a permit. Councilmember Sturges seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. 20. PUBLIC HEARING: Consider approval of PD-120R, Waterside Estates, Phase II, zoning change from PD-SF-7 to PD-SF-7 to amend the conditions pertaining to building height, located near the northwest corner of Parkway Boulevard and MacArthur Boulevard. 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 regarding this proposal. There were none. Mayor Pro Tern Robertson moved to close the Public hearing and approve PD-120R, Waterside Estates, Phase II, zoning change from PD-SF-7 to PD-SF-7 to amend the conditions pertaining to building height, located near the northwest corner of Parkway Boulevard and MacArthur Boulevard with the following conditions: 1) a minimum of 20% of the development shall consist of single-story homes, and 2) the 50% requirement of homes along Greentree Drive and Meadowglen Circle being single-story shall remain in effect. Councilmember Watson seconded the motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. Page 13 of 14