CC approval on 1/9/01 T H E C I 1' Y 0 F
COPP-EEL AGENDA REQUEST FORM
* ~'.~1~'~. 7"~ ~ . , CITvCOUNCILMEETING:~ Januaryg, 2001 ITEM# I k~
ITEM CAPTION:
PUBLIC HEARING: Consider approval of Case No. S-1184, Eason Petroleum, Gas Station and
Convenience Store, zoning change request from C (Commercial) to C-S.U.P (Commercial, Special Use
Permit), to allow the renovation and occupancy of a gas station with convenience store on one-half acre of
property located at the southeast corner of Vanbebber Drive and Denton Tap Road.
APPROVED
BY
CITY COUNCIL
SUBMITTED DATE /..- ~- ,'2z _.
TITLE:( Director of Planjffng and Community Services
ST^FF CO~4~X~ ..... ~' t~/~
Date of P&Z Meeting: December 21, 2000
Decision ofP&ZCommission: Approved (7-0) with Commissioners N~-,Jbit, McGahey, Kittrell,
McCaffrey, Clark, Halsey and Stewart voting in favor. None opposed.
Approval is recommended, subject to the fOllowing conditions:
The site plan, building elevations, and landscape plan, as submitted.
) at utility poles (the 2 on the site or, preferably, the 2 in the Vanbebber right-of-
Removal
of
least
2
way and atleast 1 on site, if possible), undergrounding of any additional electric facilities, and
placement of mechanical equipment and utility meters in inconspicuous location or
screened from view.
QRestriction of merchandise, such as magazine and newspaper racks, firewood, etc., and of
advertising and promotional materials, including drink machine advertising, to the interior of the
building, with window signs being limited to 10% of the glass area.
(~ Granting of variances to side yard and landscape requirements by the Board of Adjustment.
Q may open a.m. to midnight, seven days per
Convenience
store
hours
be
from
5
12
week.
Unattended fueling will be allowed 24 hours a day, with reduced lighting under the canopy area
only, during nighttime hours.
Staff recommends approval, with the exception of allowing unattended fueling 24 hours a day.
DIR INITIALS' ~/~q~. FIN. REVIEW: & CITYMANAGERREVIEW:
Agenda Request FonT- Revised 5/00 Document Name: ~S 1184ea
CITY OF COPPELL
PLANNING DEPARTMENT
STAFF REPORT
CASE NO.: S-1184 Eason Petroleum Gas Station
And Convenience Store
Please note: The information listed below is identical to that for Case No. S-1152, Eason Petroleum,
Gas Station and Convenience Store, which was approved by Council in 1998. The submitted site,
landscaping, and building plans are also identical to those previously submitted and approved.
Additional wording and/or changes are noted in bold and italics.
P & Z HEARING DATE: December 21, 2000
C.C. HEARING DATE: January 9, 2001
LOCATION: Southeast comer of Vanbebber Drive and Denton Tap Road.
SIZE OF AREA: Approximately one-half acre of property.
CURRENT ZONING: C (Commercial)
REQUEST: C-S.U.P. (Commercial, Special Use Permit) to allow for the
renovation and occupancy of a gas station and convenience store.
APPLICANT: Owner:
Eason Petroleum, Inc.
1830 E. Northgate
Irving, TX 75062
(972) 554-0588
(972) 438-2299
HISTORY: The property was zoned "C" Commercial in June 1979. A plat of the
property was recorded in December 1981. On November 10, 1998,
City Council approved a zoning change on the subject property
from "C' Commercial to "C-SUP" Commercial Special Use Permit
for the renovation and occupancy of the gas station and
convenience store (S-1152). However, due to no on-site activity
since the approval, the original Special Use Permit has expired The
applicant wishes to again obtain Special Use Permit approval for
the same intended us~
Item# 8
TRANSPORTATION: South Denton Tap Road is a P6D six-lane divided major thoroughfare
built to standard within a 100'-wide right-of-way. Vanbebber Drive
is a 37'-wide concrete local street with curb and gutter within a 50'
fight-of-way, which narrows to 45' in width immediately east of the
property.
SURROUNDING LAND USE & ZONING:
North- Vacant; "C" Commercial
South - Vacant; "C" Commercial
East - Self-serve car wash; "C" Commercial
West - Residences; "O" Office
COMPREHENSIVE PLAN: The Comprehensive Plan shows the property as suitable for
mixed uses.
DISCUSSION: As mentioned in the above property history, the subject application was
previously approved by City Council on November 10, 1998. The zoning
ordinance requires that a building permit be issued or an extension granted
within six months of the approval date in order to sustain the validity of the
special use permit Because no permits were issued and no extension
granted, the special use permit (S-1152) expired on May 10, 1999. The
current request is to "reactivate" the prior special use permit, allowing the
renovatt'on of the gas station and convenience store to be operated by
Eason Petroleum as a Texaco Gas Station and Food Mart, No changes
have been made to the plan since it's original approval in 1998, with the
exception of signage changes in order to comply with several prior special
use permit conditions, which have now been eliminated
A Stop-and Go occupied the property during the 1980's. While the building
still stands, it has not been in use for several years. The zoning ordinance has
been amended in the meantime, so by current standards the property can not
be developed in the same manner as previously. Specifically, a building is no
longer permitted to be located in the "C" Commercial District with no side
yard, and landscaping regulations require that pavement be located no closer
to a street right-of-way line than 15' and no closer to an adjoining property
than 10' and that greater amounts of landscaping area be provided.
If the property had remained in continual use, the building would qualify as a
non-conforming structure. As such, it could be occupied by any business
permitted within the "C" Commercial District. However, since the property
has not been in use for over 6 months, the City can require that the existing
structure be removed prior to reuse of the land.
Item# 8
Requiring a demolition of a 20-year old building, in the opinion of Planning
staff, would be an extreme stance to take, might cause the building to remain
unoccupied for an even greater period, and would likely result in more harm
than good. Also, the land area is only half an acre, making it difficult to
develop even a new commercial structure by current standards. On this
account, the property should be a worthy candidate for hardship consideration
by the Board of Adjustment, whether for renovation or for new construction.
This statement remains true, in that the applicant has not yet sought Board
of Adjustment approval and must do so as a condition of the special use
permit approvaL
Therefore, staff has worked with the applicant to devise a plan for use of as
much of the existing facilities as possible, compensating for lack of
landscaped area by planting the area that is available more densely. The
applicant also has cooperated to a considerable extent in enhancing the
exterior appearance of the building to bring it into conformance with
C.I.V.I.C recommendations. Even so, the applicant will have to seek
variances from the Board of Adjustment for the unavoidable side yard and
landscape area and buffer reductions.
Previously, the plan was approved with several modifications noted as
conditions to be addressed Since that time, the applicant has revised the
plans to comply with the sign regulations and Cl. V.l. C recommendations.
The applicant has noted that the monument will be ground lit, two star
logos have been removed from the roof, and channel letters of a neutral
color will be used for the Food Mart sign and logo on the front fafad~
Additionally, the applicant has noted the desire to modify the proposed
color of the metal trim surrounding the building and canopy from a bold
green to a softer sage green (Deluxe ICI Chemayo Sage). Staff has no
objection to the change and believes the substitution will compliment the
building.
One final note concerns the number of utility poles on or immediately
adjoining the property. There are a total of S. Three utility poles appear to be
in street right-of-way and 2 appear to be on the site. Staff is of the opinion
that TXU Electric and Verizon/GTE should be able to provide services with
fewer poles. This condition still exists on the subject property and staff
recommends that the prior special use permit condition remain to address
this issu~
Item# 8
RECOMMENDATION TO THE PLANNING AND ZONING COMMISSION:
Staff recommends APPROVAL of the special use permit, subject to the site plan, building
elevations, and landscape plan, as submitted, and subject to the following conditions:
1. Removal of at least 2 utility poles (the 2 on the site or, preferably, the 2 in the Vanbebber
fight-of-way and at least 1 on site, if possible), undergrounding of any additional electric
facilities, and placement of mechanical equipment and utility meters in inconspicuous
location or screened from view.
2. Restriction of merchandise, such as magazine and newspaper racks, firewood, etc. and of
advertising and promotional materials, including drink machine advertising, to the interior of
the building, with window signs limited to 10% of the glass area.
3. Granting of variances to side yard and landscape requirements by the Board of Adjustment.
ALTERNATIVES: 1) Recommend approval of the request.
2) Recommend disapproval of the request
3) Recommend modification of the request
4) Take under advisement for reconsideration at a later date.
ATTACHMENTS:
1) Site Plan
2) Landscape Plan
3) Building Elevations
Item # 8