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CCORD Agenda Item 040808 DATE: PLANNING April 8, 2008 THE.CITY.OF AGENDA REQUEST FORM DEPT: COPPELL ITEM #: 11/D o WORK SESSION [{] CONSENT D REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1238R-C, Kegs N Cellar, a zoning change from S-1238-C (Special Use Permit-1238-Commercial) to S-1238R-C (Special Use Permit-1238 Revised-Commercial) to allow an additional 23-square-foot attached sign on the west elevation in addition to the two existing attached signs for the 2,850-square-foot convenience/retail store located at 777 S. MacArthur Blvd., #413 and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: FINANCIAL COMMENTS: RECOMMENDED ACTION: ACTION TAKEN BY COUNCIL: On February 21 , 2008, the Planning Commission unanimously recommended approval of this zoning change (7-0). Commissioners Frnka, Shute, Haas, Fox, Sangerhausen, Shipley and Kittrell voted in favor, none opposed. Motion to Approve Ord. # 91500-A-496 On March 11, 2008, Council unanimously approved this zoning change (5-0). M - Peters S - Franklin Staff recommends APPROVAL. Vote - 6-0 York absent · Libby Sail tk · "." 2008.04.10 16:08:08 -05'00' I@S-1238R-C, KNCellar ORD l-AR (con) I AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 9/.50fJ-fl-496 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 S-1238-C (SPECIAL USE PERMIT-1238- COMMERCIAL) TO S-1238R-C (SPECIAL USE PERMIT-1238 REVISED- COMMERCIAL) TO ALLOW AN ADDITIONAL 23-SQUARE-FOOT ATTACHED SIGN ON THE WEST ELEVATION, IN ADDITION TO THE TWO EXISTING ATTACHED SIGNS ON THE 2,850-SQUARE-FOOT CONVENIENCE/RETAIL STORE LOCATED AT 777 S. MACARTHUR BLVD., #413, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE BUILDING ELEVATIONS WITH ATTACHED AND PROPOSED SIGNS, ATTACHED HERETO AS EXHIBIT "B"; 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-1238R-C 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 ofthe City ofCoppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from S-1238-C (Special Use Permit- 1238-Commercial) to S-1238R-C (Special Use Permit-I238 Revised-Commercial) to allow an additional 23-square-foot attached sign on the west elevation in addition to the two existing attached signs for the 2,850-square-foot convenience/retail store located at 777 S. MacArthur Blvd., #413" for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 TM 262542.000 SECTION 2. That Special Use Permit-1238-C for a 2,850-square-foot convenience/retail store shall be revised subject to the following special conditions: (A) Except as amended herein, the property shall be developed in accordance with Ordinance 91500-A-458, which is incorporated herein as set forth in full and hereby republished. (B) One 23-square-foot attached sign shall be permitted on the west elevation, in addition to the two existing attached signs on the north and south elevations. SECTION 3. That the Building Elevations with Attached and Proposed Signs shall be in strict conformance with Exhibit "B", which is attached hereto 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 262542.000 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 Op..Of /' ,2008. ATTEST: ~~&dL B BALL y'SECRETARY ROBERT E. HAGER, CIT (REHlcdb) [1OD reviewed ] 3 TM 26254.2.000 LEGAL DESCRIPTION Keg N Cellar located: Lot 4, Block 1 of Coppell Crossing being a subdivision in the City of Cappel!, known as; 777 South MacArthur Boulevard, Suite 413 Cappel!, Texas 75019 EXHIBIT "A" EXISTING INDIVIDUAL CHANNEL SIGN LETTERS VITH COLOR - VHITE 23 SOFT. North Elevation SCALE = 3/16. = I' 13'-7" Ke~~T=CellaJJ ~~7 1/2" Building Signage SCAlE = 3/8. = " Note: Signage to Meet city requireMents and shopping center existing colors and sto.ndards, Signo.ge power conduits-racE'wo.ys to MO tch building Masonry color. EQUAL PROPOSED IDIVIDUAL CHANNEL SIGN LETTERS WITH COLOR WHITE 23 SQ.FT. } West Elevation SCAlE = 3/16. = " 777 South MacArthur Blv'd. #413 and #417 Coppell, IX. 2,850 SF T oto.l o.llowed building signage SF = 46,41 SF Proposed additional exterior signage s.t. = 23 Sq.Fl. Ke:g& KCe1Iat EXISTING INDIVIDUAL CHANNEL SIGN LETTERS VITH COLOR - VHITE 23 SO.FT. South Elevation SCALE - 3/16. - l' ~& Ce1Iat EQUAL -' <( :::l o w -' <( :::l o w J Kegs N Cellar Proposed additional exleiror signage COPPE TEXAS NOTE: ARCHITECTURAL DESIGN COPYRIGHT PER STATE AND FEDERAL LAW DATE: FES 2, 2008 SCAlE = 3/16" - I' DRWN SY: RK SHEET 1 Building Fir.. Sprinkl..r ROOM 66'-2" EXHIBIT "B" RK Planning, Pile Richard King, AlA '" voo' ~;:r ~ ~~ 6 ~ D. ~ ~'" ~ i~ o -~ ,. Archltectur. Land Planning Management Interiors