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CC approval of ORD 5/11/04AGENDA REQUEST FORM COFFELL DEPT: Planning DATE: May 11, 2004 ITEM #: 14/F ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1098R2, Kroger, zoning change from C-S-1098R (Commercial- Special Use Permit 1098 Revised) to C-S-1098R2 (Cormnercial, Special Use Permit-1098 Revision 2), to allow a drive-through pharmacy with canopy along the west side of the existing grocery store located at the northwest comer of Sandy Lake and MacArthur, and authorizing the Mayor to sign. GOAL(S): APPROVED BY CITY COUNCIL ON ABOVE DATE EXECUTIVE SUMMARY: Motion to Approve Ord. # 91500-A-373 M - Suhy - Peters rote - 7-0 Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On March 18, 2004, the Planning Commission approved (6-0) this zoning change request. On April 13, 2004, Council approved (7-0) this zoning change request. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: ~ S-1098R20RD I-AR (Consent) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~/~'OO 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 "C-S-1098 REVISED" (COMMERCIAL- SPECIAL USE PERMIT-1098 REVISED) TO "C-S-1098R2" (COMMERCIAL- SPECIAL USE PERMIT -1098 REVISION 2) TO REVISE THE SPECIAL USE PERMIT TO ALLOW FOR A DRIVE THROUGH PHARMACY WITH CANOPY ALONG THE WEST SIDE OF THE BUILDING, LOCATED AT 950 E. SANDY LAKE ROAD IN COPPELL, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, AND ELEVATIONS WITH CANOPY DETAIL, ATTACHED HERETO AS EXHIBITS "C" AND "D"; 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 ali 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-1098R2 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 "C-S-1098R" (Commercial - Special Use Permit-1098R) to "C-S-1098R2" (Commercial - Special Use Permit-1098 Revision 2) to allow for a drive through pharmacy with canopy along the west side of the building, located at 950 E. Sandy Lake Road in Coppell, Texas, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. 1 64684 SECTION 2. That the revised Special Use Permit to allow for the dr/ve-through pharmacy, is hereby approved subject to the following special conditions: (A) That accept as amended heroin, the property shall be developed in accordance with Ordinance 91500-A-109, which is incorporated herein as set forth in full and hereby republished. (B) The site shall be developed in accordance with the site plan, elevations and canopy details. (C) The hours of operation for this pharmacy shall not exceed: 9 a.m. to 9 p.m. - Monday through Friday, 9 a.m. to 7 p.m. -Saturday, and 10 a.m. to 4 p.m. on Sunday. SECTION 3. That the Site Plan and Elevations, attached hereto as Exhibits "B" and "C", 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. 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 2 64684 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 ,2004. ROBERT E. HA (REH/cdb) ~ ~ITY ATTORNEY t >.O D: DOU~3~,AS 1~. STO~XER, MAYOR ATTEST: AL-~(~ITY SECRI~TARY 3 64684 OWN£1~'S CERTIFICATION EXHIBIT "B" ® EXHIBIT "C"