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"
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DeVine Cellars
115 W. Sandy lake Road
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Total Parking:
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Perfect Nails: 6
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Remaining: 16
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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
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