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CC approval of ORD 7/13/99" -'~ AGENDA REQUEST FORM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1160, Smoothie Factory, zoning change request from TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit), to allow a juice store to operate in Eleanor's Square located at 230 N. Denton Tap Road, and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL DATE - / -._~.:Z.~..~ff.~~ 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 Council unanimously granted this zoning change request on June 8, 1999. Staff recommends approval. DIR. INITIALS: FIN. REVIEW: ~ CITY MANAGER REVIEW: Agenda Request Form- Revised 2/99 Document Name: @S 1160o from TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit), to allow a 3,600 square foot private club restaurant to be located at 106 N. Denton Tap Road, mhd authorizing the Mayor to sign. F. Consider approval of an Ordinance for Case No. S-1160, Smoothte Factory, zoning change request from TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit), to allow a juice store to operate in Eleanor's Square located at 230 N. Denton Tap Road, and authorizing the Mayor to sign. G. Consider approval of an Ordinance for Case No. PD-157RS, V=lley Ranch Plaza, zoning change request for property zoned LI (Light Industrial) to PD-C (Planned Development, Commercial) to allow a site plan amendment to incorporate a new 10,000 square foot retail building to an existing commercial planned development located at the southwest corner of S. Beltline Road and S. MacArthur Blvd., and authorizing the Mayor to sign. H. Consider approval of an Ordinance for Case No. PD-178, Town Center West, zoning change request from C (Commercial) to PD-C (Planned Development, Commercial) to allow the dedication of Town Center West Boulevard right-of-way and the development of commercial buildings on 4.7 acres of property located along the west side of N. Denton Tap Road, approximately 280' north of North Texas Court, and authorizing the Mayor to sign. Resolutions I. Consider approval of a Resolution supporting the National Low-Sulfur Gasoline and Tier 2 Emission Standards proposed by the Environmental Protection A~ency, and authorizing the Mayor to sign. Item H was pulled for separate consideration. CM071399 Page 4 of 12 Item A, B, C, D, E, F, G and I -- Mayor Pro Tern Tunnell moved to approve Consent Agenda Items A, B carrying Ordinance No. 99883, C carrying Ordinance No. 91500-A-222, D carrying Ordinance No. 91500-A-223, E carrying Ordinance No. 91500-A-224, F carrying Ordinance No. 91500-A-225, G carrying Ordinance No. 91500-A-226 and I carrying Resolution No. 071399.1. Councilmember Peters seconded the motion; the motion carried 5-0 with Mayor Pro Tem Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion. Item H --- Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Pro Tem Tunnell moved to approve Consent Agenda Item H carrying Ordinance No. 91500-A-227. Councilmember Wheeler seconded the motion. City Attorney Peter G. Smith indicated the following could be added to the ordinance: 1) the City agrees to construct the Town Center West Boulevard at its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk utility easement at its cost; 3) the City agrees to construct the retaining wall at its cost; 4) the City agrees not to impose any future street assessments against the property; 5) the developer or owner will not be required to place any existing electrical facilities (which consist of a TU Electric feeder line} under ground; and 6) an additional speed hump will be installed if it is determined feasible by the City Engineer and if it does not conflict with the approved curb cuts. Mayor Pro Tem Tunnell inquired about the electrical line being placed underground. City Attorney Peter G. Smith indicated the line was a feeder line and it would not be feasible to place it underground. Mayor Pro Tem Tunnell moved to amend her motion to include the following additions: 1) the City agrees to construct the Town Center West Boulevard at its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk utility easement at its cost; 3) the City agrees to construct the retaining wall at its cost; 4) the City agrees not to impose any future street assessments against the property; 5) the developer or owner will not be required to place any existing electrical facilities (which consist of a TU Electric feeder line) under ground; and 6) an additional speed hump will be installed if it' is determined feasible by the City Engineer and if it does not conflict with the approved curb cuts. Councilmember Wheeler seconded the motion to amend; the motion to amend carried 5-0 with Mayor Pro Tem Tunnell and Councilmembers Peters, Keenan, Wheeler and York voting in favor of the motion to amend. CM071399 Page 5 of 12 Coppell, Texas 75019 The City With A Beautiful Future 972-462-0022 /L_.._,,,/ Fo. BOX 478 COPPELL. TEXAS 75019 July 26, 1999 Mr. and Mrs. Ken Cartwright 822 Crestoak Place Denton, TX 76201 RE: Ordinance for Case No. S-1160~ Smoothie Factory, Dear Mr. and Mrs. Cartwdght: On June 8, 1999, the Coppell City Council approved Case No. S-1160, Smoothie Factory, zoning change request fxom TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit), to allow a juice store to operate in Eleanor's Square located at 230 N. Denton Tap Road. Attached you will find a copy of Ordinance No. 91500-A-225 which was approved by Council and signed by the Mayor on July 13, 1999. If you have any questions, please contact me at (972) 304-3675. Sincerely, [ ;~'I~Cn~P,~ Community Services £ Isabelle Moro, AICP, City Planner Building Inspection AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~],~--~ .- ,~ ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "TC" (TOWN CENTER) TO "TC-S.U.P." (TOWN CENTER, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT FOR A RESTAURANT FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE LOCATION MAP, FLOOR PLAN, AND SIGNAGE PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Planning and Zoning Commission and the governing body of the City of Coppell, Texas, 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 after holding due heatings 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 vicinity thereof, the said goveming body is of the opinion that Zoning Application No. S-1160 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 "TC" (Town Center) to "TC- S.U.P." (Town Center, Special Use Permit) to grant a special use permit for a restaurant, subject to special conditions for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 26671 SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) The hours of operation will be from 5:30 a.m. to 11:00 p.m. Monday through Saturday, and 12:00 p.m. to 6:00 p.m. Sunday. (B) Signage shall be light gray, light brown, beige, cream or white in color. (C) Parking shall meet the zoning ordinance requirements. SECTION 3. That the location map, floor plan, and signage plan, attached hereto as Exhibits "B", "C", and "D", respectively, and made a part hereof for all purposes, are 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. 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. 2 26671 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, firm 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 ~,l~ day o f ~/~_.~, 1999. CANDY SHEE~Xl, MA~7Ok ATTEST: LI'BB~' B^I~,, INTERIM CI--~Y SECRETARY AP~RoBERx E. H~ER, Ci~~:ATTORNEY (REH/cdb 6/21/99) 3 26671 Legal Description 230 N. Denton Tap Road, Suite 110, Coppell, TX 75019 EXHIBIT "A' SMOOTHIE FACTORY FLOOR PLAN V&',,,f.I° ~ 12ft. ~ SMOOTfilE FACTORY : ! 21ft FRONTAGE E~q~TBIT "D"