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PD157RR-AG 970909 · ~ AGENDA REQUEST FORM CITY COUNCIL MEETING: September 9, 1997 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. PD-157RR, Valley Ranch Plaza, zoning change for property zoned PD-C (Planned Development, Commercial) by amending the site plan of the 3,278 square foot drive- through restaurant to permit additional signage on the eastern elevation of the building, located at the southwest corner of Beltline Road and MacArthur Blvd., and authorizing the Mayor to sign. SUBMITTED~ .... Gary L. Siab~ TIT~E: Director of__~-e~ning and Community Services STAFF RECQ~ENDS: ~ Approval ~ Denial STAFF COMMENTS: This Special Use Permit amendment, with conditions, was unanimously granted by Council on June 12, 1997. ,qPPROVED BY CiTY C~U)NCIL DATE ~,/~/~ 7 ...... , Agenda Request Form - Revkd6d 1/97 Document Name PD157RRO,PZ 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 AMENDING THE SITE PLAN FOR PROPERTY ZONED "PD-C" (PLANNED DEVELOPMENT - COMMERCIAL) DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, ADOPTED BY ORDINANCE ~ER 91500- A-141, TO ALLOW AN ADDITIONAL ATTACHED SIGN; PROVIDING DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE BUILDING ELEVATIONS ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 Case No. PD- 157RR 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 are hereby amended by amending the approved site plan adopted by Ordinance Number 91500-A-141 for property zoned "PD-C" (Planned Development Commercial) described in Exhibit "A", attached hereto and made a part hereof for all purposes, to allow an additional attached sign. SECTION 2. That the above change in zoning is hereby granted, subject to the following development conditions: 1. The property shall be developed and used only in accordance with the Site Plan as amended herein and the Building Elevations, attached hereto as Exhibit "B", and made a part hereof for all purposes. 2. The letter M in the existing McDonald's sign on the north face of the building shall be replaced with a letter in the same color and typestyle as the remainder of the letters in the existing sign. 3. The new sign on the east face of the building shall be identical to the existing sign on the north face, as modified by Condition//2 above. 4. On the south face of the building, a solid gate shall be placed at the entrance to the roof and painted the same color as the parapet and ground-level door. 5. The red plastic background on the existing monument sign shall be removed and replaced with brick, a new yellow arch and new white letters, with the arch and letters the same size as the existing ones. SECTION 3. That the Building Elevations, attached hereto as Exhibit "B", and made a part hereof for all purposes, be, and the same 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 Comprehensive Zoning Ordinance 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. SECTION 7. That an offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinaace, 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, fu'm 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 frae not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its 2 passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~"/'~ day of ~_~e ~/~ ,~-, ~ ,~' , 1997. APPROVED: ,,, CAI~D'~' Si-IE!H~"N,' MA'~0R ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH~ORNEY STATE 0f' 'r[xAS COUNTY OF OALLAS OTY OF COPPELL I~ING a tract of fancl in the SJNGLETO~ THOEdPSON SURV[Y. JU~$tract No. 1493 and being a portion of Pod B and all of Pads C and O of REPLAT OF VALLEY RANCH. PLAZA, Parle trtrough I, ae recorded in Volume 89090. Page 2937 of the Oecd Records of Dallas County, Texas (DRDCT) and all of Pads E: and F of a RE:PLAT A REPLAT OF VALLEY RANCH PLAZA. Pages E throug~ G al recorcled in Volume 9212e, Page 3239 (DRI3CT) and all of a tract of land called Valley Ranch, Tract A as recorded in Volume 88035, Page 1680 (DRI)CT) and t~elng mine particularly deecrlbed as BEGINNING at a I/2 inch ira~ rod found alt the intareectian of the ~eete~y line of MacA~'n~J~ BOULEVARD (a 100 foot right-of-way) end the m3uthe~ly line af BEI. TUNE ROAD (a 120 right-of-way); THENC[ South 00'10'00" Welt, al~g the ~e~t?l..~ line of said MacA,qTNUR BOULEVARD, a distance of 480.2e feet to an X- in concrete found; THENCE Ne~J~ 89'50'00' We~t' leaving the ~estmty line of said MacARll'IUR BOULEVARO, a dietance of 19e. 74 feet to a 1/2 inch ~ red THENC~ South 72'08'42" We~t' a ~lletanee of 12~.22 fee~ to a 5/8 in~ Irm red ~I~i~C( Nm-th 89'50'00" Welt. a clt~tance of 77.38 feet to a 5/8 inch trna md fa~nd; TH[NC[ North 00'10'00" E:aet' a cl~tance of ¢51.87 feet to a 5/8 inch irm red THENC[ Nc. th 00'01'27' Eaet, o ~iatance of 97.43 feet to a I/2 inc=~ kw rod found in the ~therly line of ~kl BI~LT UN[ ROAD; I~[NC[ South 85'42'35" East. mong me ~outharty line of the dale 81~LT UI~ ROAD, a distance of 3~.10 feet to a point; THE:NC[ South 00~)1'27 West, a di~a~-e of 33,0~ feet to o paint; TN[I~C[ Se~th 25'04'15" Welt' a ai~l[ance of 2&35 feet to · paint; TNENC[ Sa~m 001)1'27" ~ a dbtenee of 38.0~ feet to a paint; TH[NC[ South 00'10'00" Welt, a diatmce of 91.0~ feet to a point for the bagi~m_ icg of a c~rve to the left having a radlue of 50.00 feet, · choed t~3~ing Sa~th 44'"~00" and a chord distance of 42.45 feet; TH[NC[ along laid curve to the left thro~gl~ a control angle of ~3'00'00' a~ arc of .7.12 feet to a point; TH[NC[ South 89'50'00' Eaat, a distance of 101.51 feet to · point; TN[NC[ North 54'40'57' East. o dbtonce of 54..9~ ~eet to a point; TN[NC[ North 00'10'00' Eaet, o distance of 81.8~ feet to o point for the I~mji_ne_ ing of a cur~e to the left having o radius of 2000 feet, o chord bearing North anti o char0 (littance of 28.28 feet; I~'I[NC[ along laid cur~ to the left through a control angle of 90'00'00' an arc length of 31.42 feet to a point; TH[NC[ North 89'50'00' West, a dietance of 5.00 feet to a TNENC[ North 0010'00' £ast, a dletonce of 72.04 feet to a point in the ~euth~ty line TN[NC[ South 85'42'35' [oat, along the aouthefty line of the ~ eE].T distance of 225.32 feet to the POg4T OF' B[GINNING; C0~TNNING 'ill'In the~e melee and I)aund' 3'895 earls ar 1'g"74 equat~feet e?l?llllliJllt~l~ .~or. or I... \~ t&Z ' -~/