AGNREQ Ord 031009
AGENDA REQUEST FORM
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DEPT: PLANNING
DATE: March 10,2009
ITEM #: 9/C
o WORK SESSION
[2] CONSENT
o REGULAR
ITEM TYPE: ORDINANCE
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-228R2-HC, Vista Ridge Retail (Taste of Market Street), zoning
change from PD-228R-HC (Planned Development-228 Revision-Highway Commercial) to PD-228R2-HC (Planned
Development-228 Revision 2-Highway Commercial) to allow an externally lit gas price monument sign for the
convenience store with fuel sales and drive-through on approximately 1.19 acres of property, approximately 200 feet
north of the northeast corner of S.H. 121 and Denton Tap Road and authorizing the Mayor to sign.
GOAL(S): ~I ~
EXECUTIVE SUMMARY:
FINANCIAL COMMENTS:
RECOMMENDED ACTION:
On January 15, 2009, the Planning Commission unanimously
recommended denial of this zoning change for Option # 1 & Option #2
signage and recommended approval for Option #3 (7-0).
Commissioners Shute, Frnka, Haas, Sangerhausen, Kittrell and Shipley
voted in favor, none opposed.
On February 10,2009, Council unanimously approved the Option #3
gas price monument sign (7-0).
Staff recommends APPROVAL.
ACTION TAKEN BY COUNCIL:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
Ord. # 91500-A-516
M - Tunnell
S - Peters
Vote - 6-0
Franklin absent
. Libby Ball
~. 2009,03.18
10:16:49
-05'00'
I@PD-228R2-HC, VRR ORD, l-AR, (con)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. Cf/50n -II-S/ b
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 PD-228R-HC (PLANNED
DEVELOPMENT-228 REVISION-HIGHWAY COMMERCIAL) TO PD-
228R2-HC (PLANNED DEVELOPMENT-228 REVISION 2-HIGHWAY
COMMERCIAL) TO ALLOW AN EXTERNALLY LIT GAS PRICE
MONUMENT SIGN FOR THE CONVENIENCE STORE WITH FUEL
SALES AND DRIVE-THROUGH ON APPROXIMATELY 1.19 ACRES OF
PROPERTY, APPROXIMATELY 200 FEET NORTH OF THE
NORTHEAST CORNER OF S.H. 121 AND DENTON TAP ROAD AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A",
ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING FOR THE APPROV AL OF THE REVISED
DETAIL SITE PLAN AND SIGN ELEVATION, ATTACHED HERETO AS
EXHIBITS "B" AND "C", RESPECTIVELY; 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. PD-228R2-
He 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 ofCoppell,
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 PD-228R-HC (Planned
Development-228 Revision-Highway Commercial) to PD-228R2-HC (Planned Development-
228 Revision 2-Highway Commercial) to allow an externally lit gas price monument sign for
the convenience store with fuel sales and drive-through on approximately 1.19 acres of property,
approximately 200 feet north of the northeast comer of S.H. 121 and Denton Tap Road and being
more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes
as depicted on the site plan.
SECTION 2. This Planned Development-228R2-HC shall be developed and used only
in accordance with the development regulations, as follows:
A. The Planned Development shall comply with the use regulations set forth in
Zoning Ordinance Number 951 00-A-482, except as amended herein.
. B. A 40 square-foot monument sign shall be located along Denton Tap Road in
compliance with the attached Exhibit B, Detail Site Plan, and shall conform to the
Sign Elevation attached hereto as Exhibit C hereof and shall be illuminated
downward from the cast stone cap.
SECTION 3. The property shall be developed and used in accordance with the HC
(Highway Commercial) development standards under the Coppell Zoning Ordinance, except as
amended in the Revised Detail Site Plan and Sign Elevation as attached hereto as Exhibits "B" and
"C" respectively, and made a part hereof for all purposes, which 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 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 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
1M 35281.2.000
2
decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 7. 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 8. 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 9. 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 IO't1v day of
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, 2009.
ATTEST:
TM 35281.2.000
3
LEGAL DESCRIPTION
Being all of Lot 5, Block A, of the Vista Ridge Retail Addition,
being an addition in the City ofCoppell, Dallas County, Texas
Property also known as 750 North Denton Tap Road.
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