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CC approval of ORD 4/11/00 I · ~'" ' AGENDA REQUEST FORM ~ CITY COUNCIL MEETING: April 11, 2000 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1172, Starbucks Coffee Company, zoning change request from TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit) to allow the operation of a 2,485 square foot retail coffee shop with outdoor seating at 106 N. Denton Tap Road, and authorizing the Mayor to 8Y CiTY COUNC¢[ SUBMITTED ~.'"- Gary L. Sieb ?', TITLE: x. .... Director of Planningand Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On February 8, 2000, Council unanimously approved this Special Use Permit. Staff recommends approval of this request· INITIALS:kia/f'~3 ' FIN. REVIEW: ~ CITY MANAGER REVIEW: DIR. Agenda Request Form - Revised 2/99 Document Name: @S1172o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS oRDINANCE NO. 5 1.5'0 - /7 - 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 TO ALLOW THE OPERATION OF A RESTAURANT FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, DECK DETAILS AND STOREFRONT ELEVATIONS AND SIGNAGE PLAN ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E", RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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 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 vicinity thereof, the said governing body is of the opinion that Zoning Application No. S-1172 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 31652 SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) That a white/translucent mylar film may be permanently affixed to the northern windows using the "Steam Glow" pattem; and, signage shall conform to City codes. (B) In the event that the tree depicted in the site plan and incorporated into the deck design should perish within a two (2) year period of the completion of construction, developer shall be required to comply with the appropriate tree mifigaton as provided in the Code of Ordinances (C) The hours of operation shall be from 5:30 a.m. to 10:00 p.m. Sunday through Thursday and from 5:30 a.m. to 11:00 p.m. Friday through Saturday. SECTION 3. That the Site Plan, Floor Plan, Deck Details and Storefront Elevations and Sign Plan are conditions of the zoning and are attached hereto and incorporated herein by as Exhibits "B", "C", "D" and "E", 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. 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 31652 SECTION 7. 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 8. 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 9. 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 10. 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 /[~'"~ day of CAND~ S HEt~HA~,'-~A VO~R- - ATTEST: 3 31652 ~TTORNEY (REH/c, db 3/16/00) 4 31652 Legal Description 106 N. Denton Tap Road, Suite 350, Coppell, Texas 75019 Exhibit "A" / ~ ~',.~ k~ ~,', , 63.150 316 I , x},. ,,, ';'' '""' Rt lAN 20.550 1()~ ] ' ~. ,-~ ~ % PARAING PROVIDED 446 ' PA/~Kit~G ~At~IAI,]CL I~IQU[~I 49 SPAC[S . . .=~.- _ .... _ ' II ~t0~ u I ( SITE PLAN II I ,, . · 20:57 9?24848641 RTCI-IHOI~ ~ P~ DE~ DETAILS 14'-6' STARSUC~ COFFEE SUFER STANDS z,ozt S~. Iq'. z,,z3o sq. Fr. 37'-; , ;. ~ ~ I.. I ~'- ~ _,,. . ~ .... I ...... . ........... ~OREF~ ~ E~A~ ~ECOND SURFACE MU~ SIG~E · ' ,'" ' ; ~ ' ;'¢,'~ '~:'~ CE: .... STARBUCKS COFFEE ~ ~ 8 ~' .... ..;. ,~ ............. § ~ 5 STOREFRONT WEST EL~ATION EL~ATIONS & SIGNAGE