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OR 91-500-A-380 Restaurant with drive-throughAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-380 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 "C-S-1215" (COMMERCIAL-SPECIAL USE PERMIT - 1215) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT WITH DRIVE-THROUGH TO BE LOCATED ALONG THE WEST SIDE OF SOUTH DENTON TAP ROAD, APPROXIMATELY $00 FEET NORTH OF SOUTHWESTERN BOULEVARD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS, AND LANDSCAPE PLAN ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E", 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-1215 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 "C" (Commercial) to "C-S-1215" (Commercial - Special Use Permit-1215) to grant a special use permit for the operation of a restaurant to be located along the west side of South Denton Tap Road, approximately 500 feet north of Southwestern Boulevard 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 5:00 a.m. to 10:00 p.m., seven days a week. (B) The site shall be developed in accordance with the approved Site Plan, Floor Plan, Elevations and Landscape Plan, which are attached hereto as conditions to the use granted herein. SECTION 3. That the Site Plan, Floor Plan, Elevations and Landscape Plan, attached hereto as Exhibits "B", "C", "D", and "E", 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, film 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 pun/shed by a fine not to exceed the stun 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 t~om 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 ~t2 ~'~ day of  ,2004. ~ DOL~LAS N~. STOVER, MAYOR ATTEST: RobERT E. I-lAGER, CI~[' AT~gEY (REH/edb [reviewed only] 6/22/04) 3 65772 LEGAL DESCRIPTION Whereas CARL H. KlM and JUNG-SUN KlM, by the deed recorded in Volume 2002229, Page 5732, Deed Records, Dcllas County, Texas, are the owners of c 0.487 acres trcct situcted in the Jcmes A. Simmons Survey, Abstrcct No. 1296, City of Coppell, Dallcs County, Texas, cnd being more particularly described by metes cnd bounds cs follows: Beginning et o 1/2-inch steel rod found et the southeast corner of Lot 1, Block 1, Dickey's Addition, on addition to the City of Coppell, Dallas County, Texas, according to the plot recorded in Volume 99175, Page 22, Deed Records, Dallas County, Texas, some point being located in the west line of Den[on Tap Rood (o 120-foot right-of-way); Thence South with the said west line of Denton Tap Road, o distance of 138.00 feet to a 1/2-inch steel rod found at the northeast corner of a tract of land described in deed to Frances N. Davis, recorded in Volume 97156, Page 34.72, Deed Records, Dallas County, Texas; Thence West with the north line of said Davis tract, a distance of 153.76 feet to o 1/2-inch steel rod found in the east line of North Lake Estates, an addition to the City of Coppell Dallas County, Texas, according to the plot recorded in Volume 4.5, Page 65, Map Records, Dallas County, Texas; Thence North O0 degrees O0 minutes 4-8 seconds West with the said east line of North Lake Estates, a distance of 138.00 feet to a 1-inch steel rod found at the southwest corner of the aforesaid Lot 1, Block 1, Dickey's Addition; Thence East with the south line of said Lot 1, Block 1, Dickey's Addition, a distance of 153.79 feet 'to the PLACE OF BEGINNING Containing a computed area of 21,221 square feet or 0.487 acres of land. ~TBIT "A" LAN~OA~ ~LAN r~