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OR 91-500-A-382 Revise SUP for outdoor seating areaAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-382 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-S-1030" (COMMERCIAL-SPECIAL USE PERMIT-1030) TO "C-S-1030R" (COMMERCIAL-SPECIAL USE PERMIT- 1030 REVISED) TO REVISE THE SPECIAL USE PERMIT TO ALLOW FOR OUTDOOR SEATING AREA ALONG THE SOUTH SIDE OF THE BUILDING, LOCATED AT 150 S. DENTON TAP ROAD, SUITE 101 IN COPPELL, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN FOR BRAEWOOD CENTRE, SITE PLAN FOR THE PATIO AREA, AND FLOOR PLAN FOR EXISTING RESTAURANT, ATTACHED HERETO AS EXHIBITS "B", "C" AND "D"; 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-1030R 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-S-1030" (Commercial - Special Use Permit-1030) to "C-S-1030R" (Commercial - Special Use Permit-1030 Revised) to allow for outdoor seating area along the south side of the building, located at 150 S. Denton Tap Road, Suite 101 in Coppell, Texas, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the revised Special Use Permit to allow for outdoor seating area, is hereby approved subject to the following special conditions: (A) That accept as amended herein, the property shall be developed in accordance with Ordinance 297-A-41, which is incorporated herein as set forth in full and hereby republished. (B) The development shall be in accordance with the site plan, patio plan and revised floor plan. (C) The hours of operation shall not exceed 6 p.m. to 10 p.m., seven days a week, and lunch service on Friday from 11 a.m. to 2 p.m. (D) There shall be no preparation and/or staging of food and/or beverages on this patio. (E) Table lighting and outdoor music (not exceeding the music level inside the restaurant) shall be allowed. There shall be no live music allowed on the patio. (F) Provide a four-foot hedge from the fence opening at the east end of the building to the middle of the arc of the fence as depicted on Exhibit "B." SECTION 3. that site plan for Braewood Centre, site plan for the patio area, and floor plan for existing restaurant attached hereto as Exhibits "B", "C" and "D", 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 ordin~a~ce shall take effect immediately l~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 _.~ day of 2004. N. S OVE , MAYOR APPROVED AS TO FORM: ROBERT E. HAGL~R, glTY ~II~ORNEY (REbI/cdb) [r~viow~ only 06/22~04] ATIEST: B~LfflTeY S'~cRETARY 4 65786 Daddy Jacks Braewood Centre Suite 101 150 S. Denton Tap Coppell, Texas 75019 EXHIBIT "A" C.B.=NOl°02'46'~ CL=227.31' L=227.33' R=4496.73' N 00'11'15" e ,~ DENTON TAP ROAD N~ GRAPHIC SCALE 1"=60' 209 ~G SETBACK FIRELANE & 120 119 117 112 24' FIRELANE VICINITY MAP DADDY JACK'S SITE PLAN - BRAEWOOD CENTRE CI1Y 0¢ COPPELL OEACLE ENGINEERING I PROP. FENCE 4' TALL WROUGHT IRON · PAIN'IED BLACK OPENING (NO GATE),, 0 20  ..... GRAPHIC SCALE 1 "=20' .~ ~ ~. PAllO ^RE~ -- 3§3 S.F. ,' 2. TABLES ~ 5 ~ 3. SEATS (4-/TABLE) -- 20 4-. HOURS MON-SUN 6pm TO 10pm PROP. 4 TALL HEDGE /~2.~//1~////~///~/ 5. RESTAURANT WITH PRIVATE CLUB .NELLIE R. STEVENS HOLLY. //////~//////x////~ 6. NO ROOF S~UCTURE/COVERING PROV1DED (Ilex x. *Nellie R, Stevens') ~///~//~/////////~/~ 7. THERE WILL BE NO STAGING OF FOOD (4' toll rain, 6' spacing) ///~///////////.2'//~/ AND/OR BEVERAGES ON THIS PASO C - 8" UVE OAK _ DADDY JACK'S PROPOSE1) PA'RO ORACLE Et'~:~INE ERING 05/i~/20~4 14:42 9724328858 YAUGHAN GONSTRUgTI{~ PAGE 82/82