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CC Cover Memo & Ordinance1 MEMORANDUM To: Mayor and City Council From: Mindi Hurley, Director of Community Development Date: November 13, 2018 Reference: Consider approval of an ordinance for PD-285R-C, to attach a Detail Site Plan for a 1,168 sq. ft. drive-through and walk up restaurant, with no indoor seating. on 1.21 acres of property located at 180 W. Sandy Lake, and authorizing the Mayor to Sign. 2030: Business Prosperity Executive Summary: This Detail Site Plan approval is to allow the construction of a 1,168 sq. ft. Andy’s Frozen Custard with drive-through and walk up service, with no indoor seating. Introduction: The Detail Site Plan and Landscape Plan comply with requirements of the Zoning Ordinance in terms of use, coverage, setbacks, queuing for drive-though and the provision of landscaping. However, the prototype building design for this franchise does to not meet the exterior construction regulations or the sign standards as prescribed in the Zoning Ordinance. Staff worked with the landowner and Andy’s representatives over the past several months. This elevations and sign package represents a reasonable compromise allowing for the retention of the corporate branding while insuring compatibility with the abutting shopping center, and the community standards. The specific variances being recommended to the incorporated as PD conditions are listed below. Analysis: On October 9, 2018, the City Council unanimously approved PD-285R-C, Andy’s Frozen Custard subject to the conditions as recommended by the Planning and Zoning Commission, and the applicable conditions have been incorporated into the ordinance. On September 20, 2018, the Planning and Zoning Commission unanimously recommended Approval of PD-285R-C, Andy’s Frozen Custard, with the following conditions: 1. PD Conditions: a. Allowing for glass exceeding 50% of the front façade of the building. b. Allowing for the refacing of the existing monument sign which does not meet the current setback requirements. c. Allowing for a window sign. d. Allowing for a fully shielded indirect facia lighting, if grey/silver in color. 2 e. Approval of a Landscape Plan which provides allows the deficiency in the perimeter landscaping on the east and north property lines to be compensated along the west property line. 2. Revise the three parking spaces north of the building to be western facing. 3. Modify the building elevations to include a cladding of the canopy poles with similar material and height of the Leuders stone on the building. 4. Submission of additional specifications on the attached and monument signs in terms of materials, lighting source, etc. 5. This property will need to be replatted to provide necessary easements. 6. Additional comments will be generated at the time of Detail Engineering review and Building permit review. Legal Review: The City Attorney reviewed this ordinance Fiscal Impact: None Recommendation: The Planning Department recommends approval. Attachments: 1. Ordinance 2. Exhibit A – Legal Description 3. Exhibit B – Detail Site Plan 4. Exhibit C - Landscape Plan/Tree Survey 5. Exhibit D – Building Elevations and Signs City of Coppell Ordinance Pg 1 TM 103854 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-732 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 (COMMERCIAL) TO PD-285R2-C (PLANNED DEVELOPMENT-285 REVISION TWO-COMMERCIAL) TO ATTACH A DETAIL SITE PLAN FOR A 1,168 SQ. FT. DRIVE-THROUGH AND WALK UP RESTAURANT, WITH NO INDOOR SEATING, ON 1.21 ACRES OF PROPERTY LOCATED ON SANDY LAKE ROAD, WEST OF DENTON TAP (180 W. SANDY LAKE), AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE DETAIL SITE PLAN, LANDSCAPE PLAN/TREE SURVEY AND BUILDING ELEVATIONS/SIGNAGE, ATTACHED HERETO AS EXHIBITS “B” THOUGH “D”; AND PROVIDING FOR DEVELOPMENT REGULATIONS; 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-285R2-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 of the City of Coppell, Texas, as heretofore amended, be and the same is hereby amended by granting a change in zoning from C (Commercial) to PD-285R2-C, (Planned Development-285 Revision Two-Commercial) to attach a Detail Site Plan for a 1,168 sq. ft. drive-through and walk up restaurant, with no indoor seating, on 1.21 acres of property located on Sandy Lake Road, west of Denton Tap (180 W. Sandy Lake), for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes.