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CC approval of ORD on 5/8/2007 AGENDA REQUEST FORM THE.CITY.OF DEPT: PLANNING May 8,2007 COPPELL DATE: ITEM #: 9/H o WORK SESSION [Z] CONSENT D REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1240-R, DeVine Cellars, zoning change from R (Retail) to S-1240-R (Special Use Permit-1240-Retail) to allow a 2, 981-square-foot retail/convenience store and tasting room to be located at 115 W. Sandy Lake Road, and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: On March 15, 2007, the Planning Commission unanimously recommended approval of this zoning change (5-0). On April 1 0, 2007, Council unanimously approved this zoning change 6-0. Motion to Approve Ord. # 91500-A-459 M - Peters S - Brancheau Staff recommends APPROVAL. Vote - 6-0 Hinojosa-Flores absent . Libby Ball ~... 2007.05.21 16:21:25 -05'00' 1[a)<:-l?.dn-R npvinp r nRn l-ARlrnn\ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 9/500 -17-- 459 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 R (RETAIL) TO S-1240-R (SPECIAL USE PERMIT-1240-RETAIL) TO ALLOW A 2,981-SQUARE-FOOT RET AIL/CONVENIENCE STORE AND TASTING ROOM TO BE LOCATED AT 115 W. SANDY LAKE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, SIGN PLAN, ATTACHED HERETO AS EXHIBITS "B", "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 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-1240-R 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 ofCoppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from R (Retail) to S-1240-R (Special Use Permit-1240-Retail) to allow a 2,98l-square-foot retaiVconvenience store and tasting room to be located at 115 W. Sandy Lake Road, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit to allow the operation of a 2,981-square-foot convenience/retail store, is hereby approved subject to the following special conditions: 1 TM 16287.2000 A. Compliance with all City of Coppell Ordinances, as amended, as well as Texas Alcoholic Beverage Code rules and regulations promulgated thereunder, as amended, which are specific to this use. B. The development shall be in accordance with the Site Plan, Floor Plan and Sign Elevations provided in Section 3 of this Ordinance. C. Hours of operation shall be limited to 10 a.m. to 10 p.m. Monday through Thursday, until 11 p.m. on Friday and Saturday, and between noon and 5 p.m. on Sunday. SECTION 3. That the site plan, floor plan and sign plan shall be attached hereto as Exhibits "B", "C", and "D"; 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 be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 TM 16287.2000 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 8~ day of YyJ ~ ,2007. ATTEST: ROBERT E. HAGE , C (REH/cdb) [JDD reviewed only 03121 3 TM 16287.2.000 Legal Description Being Lot 2R, Block 1 of Sandy Lake Crossing, being a subdivision in the City of Coppell, known as: 115 W. Sandy Lake Road Coppell, Texas 75019 Exhibit" A" Perfect Nails j I L~ "I ---! · I . I .....- '. r DeVine Cellars 115 W. Sandy lake Road I ! I ,f.: -.-J - i: ....... .... ,-.. - -~. - ----- --- -- --- 1"1\J~___ 'tJ' .r EXHIBIT "B" --.- ~"r 'or d I I i L r-~ L-----, [ \ Total Parking: 36 spaces Perfect Nails: 6 DeVine: 14 Remaining: 16 Back Office/Storage N_ ;: ~ '" 0 xU --' lI> ~ .= MIL. o f~ ~~ . ~O in. x 1 ~ ~~ n r~ 2.0 '"'~ .i~ ~, !~ i'~ .i~ 27 ~ ~ 5 ~ x ".J <0 r-... ,...; C') x C') r-... ~. ... .;IN U' ~~ 6x Gi~ sg l~:. .;IN -~ a10 -'" 6 K ~;c cO ~~ End Cap 5'H2'L.x End Cap End Cap 5'H7l.x S'H2'Lx F nt Retail 31 ft. 20 ft. 8r (,h~' 5'HxB.6'Lx6'Wx20" :l g ~ On ~> 8r / A/'" 251-,,2 'vf>// ~/ 59'L x 50W (-59')=2,891 SF Note: Diagram not to scale 50' '-.... t:5'---"","'~ :. ~J IpBX 1 \I: I __J ~ L__ 'i 1\ . -- - ] H ~.'l______I ~~~I //''-. 'h ,<:(~~:j;) ., '; ii/)~" I 'tV' El \\...,/f '-C,v 16 ft. 5.7 in. x 15 ft. 10.0 in. I I_J ,Tl I ! ' (/~'::;;,! I ~~~) r ~~ 0, I ".~/': i [] .'" I ;Y i r~ B ~~ ,. , - .~ / : ---7 1- // I I ~ -" ~ Office/Bathroom r )< " '" :I: )< ! -~ ~~ i~ ~ x oo~ r---Sie-mware case 4-sternware cas;-l It!:~-~~rH)( 1 8"W xJ~~ I-StemwarecaSe-~ StemYiare'case- f8.. "W x 7rH x 14 B"W x 7rH x 14 -- -'--- --.-..----.-.- 20"R I I I I I I I I -I_ I I Tasting Area 17 ft. 6.0 in. x 19 ft. 8.0 in. CD .... Ill> ~- "":> ~IO 0.1l> :1;- ~ "'" .oo..sz;' M.W';U .""" - "'" >0.<;<: . M..W'itl """" - DeVine Cellars & Tasting Room 115 W Sandy Lake Road, Coppell. TX 75019 EXHIBIT "e" Hours: Mon-Thurs: 10 am to 10 pm Fri-Sat 10amt011 pm Sun: Noon to 5 pm 5/ f .:t::: 't- (,0 I I I I I , ',1 II II II II II II I I OFt-End of Store I , I I I I I , I I , , I I I , I I I I I I Ertd @ 40ft 4in- - - - - - - - I I , I ~ (J <J) ro +-' CO ..c CO S 'C <( L- 0 +-' 0 C () 0 u.. II " II II II " II II II II II I --I-I-f-- II I II I II I II I II I II I I - - 1-1- t- -Centeredj@ 34ft 3/41n II I I II I I 1/ I I I II I I I '" I I - - II -,- Bevin ~ 30ft 4in - - - - - - - Jl ~ ~ ~ ~~ C") 0 r-. "7' "":" II I I - ~..f- - - End '''' I 11.11 I 1l1li I I 'VI I fi : u ,: - H- r .centered @9 7/8fl- - - - - -- 'I " I I I I I I ..... I I " I I i~ :: I I - - -Begin' II I I 7f ./ 18ft E 0. ~ E 00. - ... E'" E coOo. o -E It) ... 0 co _ Vi 0 c: 5 - 8 e?i7iiiz c: (J) '" 5 0 'e: 5 :I: ::E Ll.. (J) m ..- o L.O ,... X I- m Co l!!8" ..!!1U Q3 - u-g (I) 0 cO::: >(1) Q).:c. O~ >- " c ro C/) ~ lC) ..- ..- LL(I) C/)- ..- ~ mill COo <"'i- Jl.o - c mE ~ro ~o, . ro 0'- lC)O x .. .....J~ - 0 fRz EXHIBIT "n"