Slice of Ice-AG 890523~ev. ~A-24-89
CITY C
ITEM CAPTION: PUBLIC HEARING in consideration of a zoning change, Case ~S-1043 from (C)
Commercial/(R) Retail, to/(~/R-SUP) Commerciai/Retail-Special Use Permit, for the opez~tion
of "A Slice of Ice" snow,d~n~ stand, located at the corner of Sandy Lake Road, on the northern
///(OXrector' ~ ~4gnat/#4~e) - t~ty s:nsmeer
.OTRER REP.: Kevin Peiff~er! P.E.~ G',mn~ Inc.
EVALUATION OF ITEH: DAT~,,: May 15r 1989 =.V' -
~~ and Zo.ning. Commission ~o.n~_idered thi~. zo~ni~h~ng~ thgei~A. ~p~(l~ 2~0~.~-~9 P~& fA/~
Meeting and denied (4-2) the request without prejuaice . '~- ~;~/W~' ~A~T
The request is for the zoning to be in effect from this date to September 1, ~ __9_.[__In s_ ,u~n..~mar~. ., th~
.... ivel . ~"'~' .... " ' - ~-~- ::---~ tee
P & Z Comm~smon questioned the applicant extens y .......... _ -
major concern was the facade of the proposed temporary building as it did not blend with the Town~
Oaks Shopping~Cent er arc~,e~ture. ~dd~i~itsp~~~~~
~ - · ~ . . /The applicant has just provided the additional
~~~~~and has worked w~th the apphcant to help him get to t.h~s porn. t: H_e
as no a en e zoning evelopment .process very well~ including the .delayed he ~arlng.' t_m~_J_ght due to
advertising not gettLng in the newspapers timely enough so he could have been on the May 9, 1989
Agenda. Since the applicant's March 16, 1989 letter (copy attached), staff has worked with the
applicant so that this new business could be considered by the City Council with as much information
in as short a time as available to allow due consideration of this innovative non-standard proposal.
Staff has had limited time to review the submittals of
If City Council approves of this most recent submittal,~e approval M~TION
RECOMMENDED
IS:
That this item be approved subject to all building c~-~L~'uZrements,~ and will
be reconsidered by the City Council to revert this SUP back to original zoning any
time after February 1, 1990.
BUDGET AMT.:
C,O~TS:
This timing will allow the City Council to reconsider at its discretion any tim
1, 1990; but does not require a reconsideration un,ss ne~yel~l~.
AI4T. ~
AMT. ESTII4ATED:
FINANCIAL RBTI~ BY:
LEGAL REVILe' BY:
AGE,~A REQ FORM.
REVIIAIED BY
March 16, 1989
LEE ANNE ana JEFF BL,,
214-221-0626
A SLICE OF ICE
200 E. Oak Knoll it 823
t_ew~v~ TX 75O67
Haw~an Sh~ Ice Ois{nioutors,
Swan M~hi~, Syrup& and Suppli~
Russell Doyle
Planning & Engineering
255 Parkway Blvd
Coppell, TX 75019
Re-
Special Use Permit
Snow Cone Stand
Dear Mr. Doyle:
I am requesting your help in obtaining a special use permit
for my business. I currently operate a snow cone stand in
The Colony, Texas and would like to expand my services into
the Coppell market.
Unfortunately I have discovered that ~our building code
requires a minimum of 80% brick exterior. This would mean
constructing a permanent building and impossible start-up
costs. Possibly, you might be able to tell us if there is
the slightest possibility of obtaining this permit for the
summer of 1989.
We originally discussed the possibilities of a permanent
building with the landlord; however, since this will be a
start-up for us in the Coppell market, we would prefer
testing the market before investing a large amount of money
into the pro~ect. Besides, nobody wgnts.additional empty
lease space ~n this market. By opening in a temporary
building, the city could have the time to review the
operation and make requirements based on actual experience,
the center could examine foot traffic and parking levels
without being locked in, and we would benefit with lower
startup costs thus increasing our chances of being here year-
after-year. Also, since the business is seasonal and
occupied only 5 months per year, a temporary building would
allow it to be removed from the center during the off season
instead of remaining there empty.
I have spoken with Sherri in your zoning department and she
suggested that I contact you about the special use permit.
Th~s arrangement continues to work well with our other
location in The Colony, Texas.
Again, I appreciate any help that you could provide.
Sincerely,
/J~ff Burk
April Z0, 1989
P & Z Commission Minutes
stated that that is their reason for requesting the additional
drive-way. Mr. Johnson also stated that they feel this approach
is absolutely necessary for the success of the restaurant. He
then stated that without the drive, this restaurant could be
subject to fall-out.
Consultant Engineer Kevin Peiffer stated that Staff's concern is
that the issue of ingress and egress needs to be addressed.
Kevin then pointed out that the Commissioners should have in
their packet copies of the Subdivison Ordinance sections
addressing speed limits versus drive-way locations.
Chairman Munsch then declared the public hearing open and asked
for persons wishing to speak in opposition to this request.
There were none. He then asked for persons wishing to speak in
favor of the request. Again there were none.
Following discussion, Commissioner Thomas moved to approve Case
#S-1042 as submitted. Commissioner Redford seconded the motion;
motion carried (6-0) with Chairman Munsch and Commissioners
Green, Johnson, Redford, Thomas and Tunnell voting in favor of
the motion.
Item 6: Public Hearing to consider approval of a zoning change, Case #
S-1043, from (C) Commercial/(R) Retail, to (C/R-SUP)
Commercial/Retail Special Use Permit, for the operation of "A
Slice of Ice" snow cone stand, located at the corner of Sandy
Lake Road and Denton Tap Road, on the northern most corner of
the TownOaks Shopping Center, at the request of Jeff and Lee
Anne Butt.
Russell Doyle introduced the item to the Commission. Mr. Doyle
stated that the applicant is asking for variances for the
temporary building and the 80% masonry requirement on buildings.
Mr. Jeff Burk was present to represent this item before the
Commission. He stated that they are asking to put in a portable
building on a temporary basis for approximately four to five
months. He further stated that they have a similar business
located in The Colony. Mr. Burk then stated that they will try
tO have the building constructed to best fit in with the look of
the remainder of the shopping center, including a green roof.
Mr. Burk also stated that they will work with the City to meet
all health code requirements. They will also be working with TU
Electric to obtain the necessary electric utilities.
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. Again there were none.
Following discussion Commissioner Redford moved to approve Case
#S-1043 provided that the applicant submit to City Council the
improvements discussed by the Commission, including a skirt, a
Ap~l Z0, 1989
P & Z Commission Minutes
fence, and an appropriate building color with a green roof. and
that they have an agreement on toilet facilities. Commissioner
Tunnell seconded the motion. Commissioner Green moved to amend
the motion to include that the Special Use Permit come back
before the Planning and Zoning Commission at the first scheduled
meeting of March, 1990. Commissioner Tunnell then withdrew her
second.
Commissioner Redford then moved to approve Case #S-1043 with the
conditions that there be a fence around the structure, a skirt
along its base be provided, an agreement to coordinate the
public facilities be stipulated, and that the Special Use Permit
be up before this body by February, 1990. Commissioner Green
seconded the motion. Commissioner Tunnell then amended the
motion to include that the applicant provide elevations and more
specific color constraints. Commissioner Green then seconded
the amendment. The amendment passed (4-2) with Commissioners
Green, Redford, Thomas and Tunnell voting in favor of the
amendment, and Chairman Munsch and Commissioner Johnson voting
against the amendment. The motion then failed due to a tie
vote, with Commissioners Green, Redford and Tunnell voting in
favor of the motion, and Chairman Munsch and Commissioners
Johnson and Thomas voting against the motion.
Commissioner Thomas then moved to deny Case #S-1043.
Commissioner Johnson seconded the motion; motion carried (4-2)
with Chairman Munsch and Commissioners Green, Johnson and Thomas
voting in favor of the motion, and Commissioners Redford and
Tunnell voting against the motion.
Commissioner Tunnell excused herself from the remainder of the
meeting at this time.
Item
7:
PLATTING
To consider approval of a Final Plat for Kentucky Fried Chicken,
located south of Sandy Lake Road on Denton Tap Road, next to the
existing McDonald's restaurant, at the request of Kentucky Fried
Chicken.
Russell Doyle introduced the item and stated that Staff would
request that all items in the Staff letter dated April 19, 1989
be complied with before this item goes to City Council.
Dan Johnson of Kentucky Fried Chicken was present to represent
this item before the Commission.
Following discussion Commissioner Redford moved to approve the
final plat for Kentucky Fried Chicken with the variances as
submitted. Commissioner Johnson seconded the motion; motion
carried (5-0) with Chairman Munsch and Commissioners Green,
Johnson, Redford and Thomas voting in favor of the motion.
CITY OF COPPELL
PLANNING & ENGINEERING DEPARTMENT
STAFF REPORT
Date: April 20, 1989
PLANNING & ENGINEERING DEPARTMENT
RE: Case #S-1043
LOCATION:
The corner of Sandy Lake Road and Denton Tap Road, on the
northern most corner of the TownOaks Shopping Center.
REQUEST:
Approval of a zoning change from (C/R) Commercial/Retail,
to (C/R-SUP) Commercial/Retail Special Use Permit, for the
operation of a snow cone stand.
APPLICANT:
Jeff and Lee Anne Burk
SURROUNDING LAND USE & ZONING:
(See Zoning Map)
SUMMARY:
Staff has raised questions regarding parking, which
direction the building will face, building materials,
landscaping, signage, use of temporary building and power
needs. The applicant has prepared responses to all these
issues, of which a copy is attached. Since this is the
first case of its type, Staff does not have any
recommendation at this time.
ALTERNATIVES:
ATTACHMENTS:
Approve as submitted.
Approve with conditions.
Deny
"A Slice of Ice" information packet.
S1043STF