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OR 91-500-A-348 Operation of a restaurant at 680 N DentonAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-348 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 "HC" (HIGHWAY COMMERCIAL) TO "HC-S- 1206" (HIGHWAY COMMERCIAL-SPECIAL USE PERMIT - 1206) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO BE LOCATED AT 680 NORTH DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; 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-1206 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 to grant a change in zoning from "HC" (Highway Commercial) to "HC-S- 1206" (Highway Commercial - Special Use Permit-1206) to grant a special use permit for the operation of a restaurant to be located at 680 North Denton Tap Road and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) Hours of operation shall be permitted between 4:00 a.m. to 10:00 p.m., Sunday through Saturday. (B) The site shall be developed in accordance with the approved site plan, floor plan, and sign plan, which are attached hereto as conditions to the use granted herein. SECTION 3. That the Site Plan, Floor Plan, and Sign Plan, attached hereto as Exhibits "B", "C", and "D", respectively, 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. 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 ~3 ~ht'~day of ,2003. APPROVED AS TO FORM: ROBERT E. HAGER, CITY A~TORNEY (REH/cdb 3/19/03) ATTEST: LIBBY BAL~(~fT~ SEdRETARY 3 54781 LEGAL DESCRIPTION WHEREAS LI YOUNG CHOI IS THE OWNER OF A TRACT OF- LAND SITUATED IN THE G.C. WOOLSEY SURVEY, ABSTRACT NO. 1402, CITY OF COPPELL, DALLAS COUNTY, TEXAS, AND BEING ALL OF THAT SAME TRACT OF LAND DESCRIBED IN A DEED TO RSF LAND, L.P., A DELAWARE LIMITED PARTNERSHIP OF RECORD IN VOLUME 2001063, PAGE 1169, DEED RECORDS, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND FOR CORNER AT THE MOST WESTERN CORNER OF LOT 1, BLOCK 1, JACK IN THE BOX ADDITION, AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2000176, PAGE 705, MAP RECORDS, DALLAS COUNTY, TEXAS, WHICH BEARS NORTH 46' 57' 37" WEST, A DISTANCE OF 105.22 FEET FROM THE WESTERN NORTHWEST CORNER OF COPPELL MIDDLE SCHOOL NORTH ADDITION, AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 98219, PAGE 56, MAP RECORDS, DALLAS COUNTY, TEXAS; THENCE WEST, A DISTANCE OF 214.44 FEET TO A 1/2" IRON ROD SET FOR CORNER IN THE EAST RIGHT-OF-WAY LINE OF DENTON TAP ROAD (VARIABLE WIDTH R.O.W.); THENCE NORTH 00' 42' 06" EAST, ALONG THE EAST RIGHT-OF-WAY LINE OF SAID DENTON TAP ROAD A DISTANCE OF 218.43 FEET TO A 1/2" IRON ROD SET FOR CORNER IN THE SOUTHEAST RIGHT-OF-WAY LINE OF VISTA RIDGE BOULEVARD (VARIABLE WIDTH R.O.W.) FROM WHICH A 1/2" IRON ROD FOUND FOR REFERENCE BEARS SOUTH 63' 55' 33" EAST, A DISTANCE OF 0.80 FEET; THENCE ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF SAID VISTA RIDGE BOULEVARD THE FOLLOWING COURSES AND DISTANCES: 1) NORTH 28" 02' 51" EAST, A DISTANCE OF 80.1`5 FEET TO A 1/2" IRON ROD SET FOR CORNER FROM WHICH A 5/8" IRON ROD FOUND FOR REFERENCE BEARS NORTH 48' 15' 10" EAST, A DISTANCE OF 1.`50 FEET; 2) NORTH 84' $9' 27" EAST, A DISTANCE OF 79.52 FEET TO A 5/8" IRON ROD FOUND FOR CORNER AT THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 2879.79 FEET, A CENTRAL ANGLE OF 0.5' 58' 26", AND A CHORD WHICH BEARS SOUTH 71' 44' 0`5" EAST, A DISTANCE OF 182.95 FEET; 3) THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID CURVE AN ARC DISTANCE OF 182.98 FEET TO AN "X" SET FOR CORNER; THENCE SOUTH 18' 14' 12" WEST, AT A DISTANCE OF 7.05 FEET PASSING AN "X" FOUND FOR CORNER AT THE MOST NORTHERN CORNER OF SAID LOT 1, BLOCK 1, JACK IN THE BOX ADDITION AND CONTINUING ALONG THE NORTHWEST LINE OF THE SAME A DISTANCE OF 2.51.85 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1.606 ACRES OF LAND. EXHIBIT "A" D E N T O N T A P R 0 A D // HE DEPO' BAKERY EXHIBIT 1 TABLE / 4 CHAIRS 2 COLD DRINKS 3 COFFEE 4 CASHIER COUNTER 5 RESTR©OM 6 KOLACHES 7 PREP. TABLE 8 OVEN 9 SINKS 10 PROOFER 11 DOUGH TABLE 12 FREEZER 13 STORAGE CLOSET 14 OFFICE 1200 Sq. Feet 16 seats available Hours of Operation Monday - Closed Tuesday thru Sunday 6:00 am ~ 12:00 noon EQUIPMENT PLAN 1"= 6' (scale) KOLACHE DEPOT BAKERY 8 7 14. EXMIBIT "C" EXHIBIT "D"