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CC approval on 3/14/95CITY COUNCIL MEETING~ AGENDA REQUEST FORM March 14, 1995 ITEM CAPTION= PUBLIC HEARING= Consideration and approval of S-1091, Slider & Blues, zoning change from C (Commercial) to C-S.U.P. (Commercial-Special Use Permit) to allow the enclosure of the patio area to create more indoor space and a private room on property located at the southeast corner of Sandy Lake and Denton Tap Roads, at the request of The Peter Buell company, : ......... : .............. DATE SUBMITTED B~-: Gary L. Sieb , - TiTLE:~D~~ning.- & Community Services INITIALS~.~ ' STAFF COMMENTS: Date of P&Z Meetina: February 16, 1995 Decision of Commission: Approval (4-0) with Commissioners Lowry, Wheeler, Redford, and Stewart voting in favor. None opposed. STAFF RECOMMENDATION Approval Denial EXPLANATION: The following conditions apply: 1. subject to the site plan, and 2. subject to meeting the provisions of the Zoning Ordinance. BUDGET ~MT.$~ FXNANCIAL COMMENTS: AMT. EST.$ +/- BUD:$ FINANCIAL REVIEW:~ Agenda Request Form - Revised 1/94 Put '~old~m~" paler in prin~r~ CASE #: CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT S-1091 - C to C-S.U.P. for SLIDER & BLUES P & Z HEARING DATE: February 16, 1995 C. C. HEARING DATE: March 14, 1995 LOCATION: At the southeast corner of Sandy Lake and Denton Tap Roads SIZE OF AREA: 0.55 acres CURRENT ZONING: C (Commercial) REQUEST: C-S.U.P. (Commercial, Special Use Permit) APPLICANT: The Peter Buell Company, Inc. Peter Buell, President 104 S. Denton Tap Road Coppell, TX 75019 393-9040 HISTORY: The site is Lot 1, Block A, of Townoaks Centre Subdivision, approved for recording in 1984. The site was reclassified from C to C.SUP in 1992 to accommodate construction of the existing restaurant. A consideration in the granting of the original special use permit was the effort put forth by the applicant to preserve the post oaks and other trees on the site. TRANSPORTATION: Denton Tap Road is an existing 6-lane divided major arterial (P6D) in a 120'-wide right-of-way. Sandy Lake Road is an existing 4-lane divided major arterial located in a 110'-wide right- of-way capable of accommodating a 6-lane divided thoroughfare. Item 7 SURROUNDING LAND USE & ZONING: North - South - East - West - Undeveloped commercial property; TC Retail center; C Retail center; C Automobile service and food service uses; R (SUP on service station site) COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for commercial uses. ANALYSIS: The applicant proposes to enclose an area currently used as an outdoor dining patio, enlarging the total building area 25 % (from approximately 3,200 square feet to approximately 4,000 square feet). The existing parking provides 35 spaces on site and, through agreement with the adjoining property owner, 14 spaces off site. The resulting 49 parking spaces are more than adequate to satisfy the zoning requirement of 1 space per 100 square feet of restaurant building area. The Inspections Department has reviewed with the applicant the proposed signage and the method of calculating the area to be devoted to signs. The amount of signage, as proposed, will meet the requirements of the sign ordinance. In evaluating the proposal, one way to view it is as if the property were still vacant. If it were, then, would the proposal to build a 4,000 square-foot restaurant on the site in this configuration receive favorable consideration? If the answer is no, because it would take down 2 large trees unnecessarily, then there is scant justification to decide differently just because the applicant has approached the ultimate objective in two steps. If the answer is yes, because the property could be developed with over 50 other commercial uses without concern for any of the trees, other than to replace them caliper inch for caliper inch, then there is considerable justification. The current use has proven to be economically viable, suitably located and compatible with the adjoining retail facilities. Restaurant usage has not impacted unduly on public accommodations, and design-wise this facility is far superior to the typical franchise restaurants we now are encountering more frequently. Increasing the size of interior space will create little additional impact, because the space to be enclosed already provides table service when weather permits. The review then focuses on the tree issue. The applicant has stated that the two affected 24'-caliper post oaks are slowly dying, and reference has been made that "tree people" have verified the applicant's statement. With tangible evidence that the trees are dying (in the form of a written statement), approval of the S.IJ.P could be made subject to the applicant's landscape plan specifying locations of replacement trees of adequate size and number to compensate for the 48 caliper-inches of lost trees, as required by the tree preservation requirements of the zoning ordinance. Therefore, staff recommends approval of the S.U.P., provided that no attempt is made to avoid the required replacement of the trees to be removed, caliper inch for caliper inch, with new trees. ALTERNATIVES: 1) Approve the S.U.P. 2) Deny the S.U.P. 3) Modify the S.U.P. ATTACHMENTS: 1) Floor Plan of Existing Structure 2) Summary of Signs (4 pages) 3) Proposed Floor Plan and Site Plan (2 sheets) Mr. Peter Buell Slider and Blues 104 S. Denton Tap Coppell, TX 75019 Re: Post Oak Trees Dear Peter, Recently you have requested my opinion of the survivability of the Post Oak trees that are located in the outdoor deck area adjacent to your restaurant. It has been my experience that Post Oak tolerates very little if any construction or disturbance to the root zone area. Any change of grade or soil compaction in the root zone will usually result in the death of the trees. This deterioration will occur over time, speeding up during periods of stress to the trees such as drought. The construction of the deck reduces the nutrients and moisture available to the trees and will add to the damage and harm that occurred during construction. I appreciate your attempt to save as many Post Oak as possible in planning and building your facility, but due to the species of tree involved, I think that their loss is inevitable. As you know, one smaller Post Oak has already been removed near the entry from Denton Tap Road. The trees located in the perimeter of your propeaXy have a greater chance of surviving due to accessibility to nutrients, water and supplemental care if needed. But as I stated earlier, the Post Oak in the deck area do not have the same opFortunities. Please feel free to contact me if I can be of further service. Regards, Billy Faught [ Faught Landscape, Inc. 117 Dobecca Drive · Coppell, Texas 75019 · 214/393-7235 Park Subdivision to the Peninsulas of Coppell with the condition that any expenses incurred by the City because of the name change are to be paid by the developer, not to exceed an amount of two hundred fifty ($250) dollars. Councilmember Sheehan seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Mayo, and Sheehan voting in favor of the motion. Councilmember Mayo moved to approve the final plat of the newly named Peninsulas of Coppell provided the various fees will be required to be paid, such as water, sewer and park impact fees. Councilmember Alexander seconded the motion; the motion carried 6-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Mayo, and Sheehan voting in favor of the motion. Councilmember Reitman rejoined Council at the conclusion of this item. Item 10 G -- Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Robertson moved to approve Item 10 G with the following conditions: 1) execution and recording of deed restrictions; 2) execution, filing and incorporation of homeowners' association agreement; 3) execution of development and maintenance agreement; execution of special warranty deed for Lot 23; and payment of all applicable development fees. Councilmember Reitman seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. Item 10 I -- Ken Griffin, Assistant City Manager/City Engineer, made a presentation to the Council. Mayor Pro Tern Robertson moved to award Bid #Q-0195-01, Shadow Ridge/Devonshire Drainage Improvement Project # DR 94-01, to Humphrey & Morton in the amount of $88,495.70 and authorizing the Mayor to sign, as recommended by the Assistant City Manager/City Engineer. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 11. PUBLIC HEARING: Consideration and approval of S-1091, Slider & Blues, zoning change from C (Commercial) to C-SUP (Commercial-Special Use Permit) to allow the enclosure of the patio area to create more indoor space and a private room on property located at the southeast corner of Sandy Lake and Denton Tap Roads, at the request of The Peter Buell Company, 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 CM0.31495 Page5 oflO this proposal. There were none. He then asked for those persons wishing to speak in favor of this proposal. Again, there were none. Mayor Pro Tem Robertson moved to close the Public Hearing and approve S-1091, Slider & Blues, zoning change from C (Commercial) to C-SUP (Commercial-Special Use Permit) to allow the enclosure of the patio area to create more indoor space and a private room on property located at the southeast comer of Sandy Lake and Denton Tap Roads with the following conditions: 1) subject to the site plan and 2) subject to meeting the provisions of the Zoning Ordinance. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 12. PUBLIC HEARING: Consideration and approval of PD-135R, The Woodlands of CoppeH, zoning change from SF-12 (Single Family-12) to PD-SF-12 (Planned Development- Single Family-12) to allow development of a residential subdivision, with special conditions, on property located at the southwest corner of CoppeH and Thweatt Roads, at the request of HAP Engineering & 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. Councilmember Sheehan moved to close the Public Hearing and approve PD-135R, The Woodlands of Coppell, zoning change from SF-12 (Single Family-12) to PD-SF-12 (Planned Development-Single Family-12) to allow the development of a residential subdivision, with the following conditions: 1) no alleys will be required; 2) there will be no alley access to the Oakbend Subdivision; 3) 25' front yard setbacks will be permitted; 4) 8' side yards will be permitted; 5) lot width shall be measured at the center of the lot; and 6) that the following clause be added to any contract of sale: "due to the proximity to the centerline of existing and future runways of D/FW, residents of this subdivision may be subject to intermittent aircraft noise". Councilmember Sturges seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. 13. Consideration and approval of The Woodlands of Coppell, Preliminary Plat, to allow development of a 38-1ot residential subdivision on property located at the southwest corner of Coppell and Thweatt Roads, at the request of HAP Engineering & Associates, Inc. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Rob Lang, 6310 LBJ Freeway, Dallas, addressed the Council concerning the tree preservation in the development. Councilmember Sturges moved to approve The Woodlands of Coppell, Preliminary Plat, to allow development of a 38-1ot residential subdivision on property located at the southwest comer of Coppell and Thweatt Roads subject to the following conditions: 1) on CM031495 Page 6 of 10 CITY COUNCIL MEETING: AGENDA REQUEST FORM March 14, 1995 ITEM # ITEM CAPTION: PUBLIC HEARING: Consideration and approval of S-1091, Slider & Blues, zoning change from C (Commercial) to C-S.U.P. (Commercial-Special Use Permit) to allow the enclosure of the patio area to create more indoor space and a private room on property located at the southeast corner of Sandy Lake~i~)el~t~n'TapRoads, at the request o~ The Peter Buell Company, ~ITLE: Director of Planning & Community Services INITIALS~{ STAFF COMMENTS: Date of P&Z Meeti~q: February 16, 1995 Decision of Commission: Approval (4-0) with Commissioners Lowry, Wheeler, Redford, and Stewart voting in favor. None opposed. STAFF RECOMMENDATION Approval EXPLANATION: The following conditions apply: 1. 2. Denial subject to the site plan, and subject to meeting the provisions of the Zoning Ordinance. BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS FINANCIAL REVIEW: CITY MANAGER REVIEW: Agenda Request Form - Revised 1/~4