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Valley R Plaza-AG010327 CITY COUNCIL MEETING: March 27, 2001 ITEM # II ITEM CAPTION: Consider approval of an ordinance for Case No. PD-I$7R6, Valley Ranch Plaza, zoning change request for property zoned PD-I$TRS-C (Planned Development, Commercial) by amending the planned development conditions to permit the enclosure of the McDonald's Playplace and to reduce the building size in Phase II from 10,000 square feet to 8,000 square feet for property located at the southwest corner of E. Beltline Road and S. MacArthur Boulevard, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On October 21, 1999 the Planning Commission unanimously approved this zoning change request (6-0). On November 9, 1999, City Council approved this zoning change request (6-1) with Mayor Pro Tem Tunnell and Council members Garcia, Peters, Keenen, Stover and York voting in favor, and Councilmember Wheeler voting against the motion. Staff recommends approval. DIR. INITIALS: ~' FIN. REVIEW:~ CITY MANAGER REVIEW: Agenda Request Form - Revised 5/00 Document Name: ,~PD 157R6o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~l~OO--tg~ "- ~.,~j~/ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, .-~d~IENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CI-I~NGE IN ZONING FROM "PD-C" ('PLANNED DEVELOPMENT, COI~-MF. RCIAL) TO "PD-C" .~MENDED (PLANNED DEVELOPMENT, COM3,IERCIAL, AMENDED) FOR, THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDhNG FOR AN Ai~IENDMENT TO THE DEVELOPMENT CONDITIONS BY PER,~,HTTING THE ENCLOSURE OF THE MCDONALD'S AND REDUCING THE BUILDING SIZE IN PHASE H FROM 10,000 SQ. Fr. TO 8,000 SQ. FT.; PROVIDING FOR AN Ai~IENDED FLOOR PLAN FOR .MCDON..-~LDS. AMENDED ELEVATIONS FOR MCDONALD'S, AND RE¥ISED SITE PLAN, LA~NDSCAPE PLAN, .4aND BUILDING ELEVATIONS FOR PHASE II, ATTACHED HERETO AS EXHIBITS "B", · 'C", "D", "E" .~ND 'F' RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVER.~BILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PEN.-kLTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUS..MND DOLLARS ($2,000.00) FOR EACH OFFENSE; .~ND PROVIDING .,MN EFFECTIVE DATE. ~,~I-IEREAS, the City Planning and Zoning Commission and the governing body of the CiD' of Coppell, Iexas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive Zoning Ordinance of the City of Coppell, have given requisite notices by publication and otherwise, and a~er holding due hearings and affording a full and fair hearing to all property owners generally, and to all persons interested and situated in the affected area and in the vicini¢' thereof, the said governing body is of the opinion that-Zoning Application No. PD-157R6 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION' 1. That the Comprehensive Zoning Ordinance and Map of the City of Coppell, Texas, duly passed by the governing body of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "PD-C" (Planned Development, Commercial) to "PD-C Amended" (Planned Development, Commercial, Amended) for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the following development conditions set forth and as further conditions, the amended Floor Plan and Elevations for McDonald's and revised Site Plan, Landscape Plan, and Building Elevations for Phase II, attached hereto and incorporated herein as Exhibits "B", "C", "D" "E" and "F", respectively: A. The landscape planting island to be located at the north end of the nine (9) parking spaces closest to the eastern elevation of the McDonald's building is waived. B. Pdl roadway impact fees due as a result of the amended and altered space shall be paid. C. Samples of the color board containing all exteriorbuilding materials must be approved prior to construction. D. TXU facilities shall be prohibited from the enclosure. SECTION 3. That the amended Floor Plan and Elevations for McDonald's and revised Site Plan, Landscape Plan, and Building Elevations for Phase II, attached hereto and incorporated herein as Exhibits "B", "C", "D", "E" and "F" respectively, and made a part hereof for all purposes, is hereby, approved. SECTION 4. That the above property shall be used only in the manner and for the purpose provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. That all provisions of the Ordinances of the City of Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not in conflict with the provisions of this ordinance shall remain in full force and effect. 2 ~t~ SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 8. That any person, film or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~7-~day of.__,~ .,~7~ ? ,2001. /~ APPR~'5,D:] ./"" 'i CANDY SI-[EEHAi~, MAYOR ATTEST: ~C1TY SECRETARY 3 3~sa4 APPR~: 31544 01111~R'$ C~RllF~CAl~ STAI~: 0F TEXAS ~ ~Y, ~ ~ 1~ ~ ~n~, Texa~ ~d berg ~ of P~ B, C ~ D of the ~T ~ V~Y R~ ~A--P~ B ~R~ I ~ r~ ~ P~ ~37 of ~ D~ R~ of ~ ~ty. Tex~ (~ ~d ~g ~ of P~ E ~ F of ~AT~ A ~AT ~ V~ R~ ~A P~S '~ ~ ~~ ~ ~me g21~, Po~ 32~ (~ ~ ~ of ~ PLAT ~ ~A - ~T A ~ r~ ~ V~me ~, P~ 18~ (~ ~d ~g m~e M~~ ~~ (a 1~ f~t ~t-of-woy) ~d ~ ~y I~e of ~LT U~ ~ (a 1~ ~t ~t-of--~y): ~EN~ ~th ~q0'~' ~t. ~g the west~[ I~e of ~ MacOCR B~V~D, o dl~t~ of ~.26 f~t to an "X- ~ ~crete ~ ~EN~ N~h 8g~'~" ~t. I~dng the w~t~y I~e of ~id M~UR B~V~D. o dist~ce of lgg. 74 f~ to a 1/2 ~ ~ r~ ~ ~th 72~41" ~L a diet,ce of 1~.22 f~t to o 1/2 [n~ ~ r~ ~EN~ N~h 8g~'~' ~t. a dllt~ce of ~.~ f~t to a 1/2 ~ ~ ~EN~ N~h ~qO'~" E~t, o d~t~ce of 451.~7 f~t to a 1/2 ~ch ~ r~ f~nd; ~E~ N~h ~1'2~ E~ a dltt~ce of g7.~ feet to o 1/2 ~ch ~ rod f~nd the ~y I~e of ~ ~LT UNE ~; ~E~ ~ 85'42'35" Eaat. oleg the ~y I~e of ~ ~LT UNE RO~. diet~ of ~.2g f~t to ~e PONT ~ ~NN~G; C~T~ING ~ ~m met~ ~d ~nde 4.870 ~ ~ 2~.~ ~e f~t o~ ~d. E'-X~]:B:I:T ~; GENERAL NOTES Il). · ,!* ' ili, ~ . _ .~ -, ~:~-~:::~: :~:~: .,. 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