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OR 91-500-A-396 Taco Del MarAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-396 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 "TC" (TOWN CENTER) TO "S-1223-TC" (SPECIAL USE PERMIT - 1223- TOWN CENTER) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A 1,650-SQUARE- FOOT RESTAURANT TO BE LOCATED AT 240 NORTH DENTON TAP ROAD, VILLAGE AT TOWN CENTER, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, SIGN PLAN, AND SIGN CRITERIA, 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-1223-TC 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 "TC" (Town Center) to "S-1223- TC" (Special Use Permit-1223-Town Center) to grant a special use permit for the operation of a 1,650- square-foot restaurant to be located at 240 North Denton Tap Road, Village at Town Center, 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 6 a.m. to 11 p.m., seven days a week. (B) The site shall be developed in accordance with the approved site plan, floor plan, sign plan and sign criteria, which are attached hereto as conditions to the use granted herein. SECTION 3. That the Site Plan, Floor Plan, Sign Plan, and Sign Criteria, 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, finn 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 fi.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 552 2004. ¥OR ROBERT E. HAGF~, C1TY ATTORNEY (REH/cdb 11/2/04) ATTEST: L~BY~BALLj~FY ~ECRETARY 3 69101 LEGAL DESCRIPTION Being a 1,650-square-foot lease space, located as indicated on Exhibit "B", on property more particularly described as Lot 2, Block 3 of the Town Center Addition, being an addition to the City of Coppell, Dallas County, and know as 240 North Denton Tap Road, Coppell, Texas EXHIBIT "A" % z 0 Z RETAIL / OFFICE / MEDICAL LOT 2 Q SITE PLaN SC*aL[: I" - 20' - 0" .I 0 m W ~J EQUIPMENT PLAN d scale partial Eronl Buiidino Elevallon sca~: 1/8"=1'-0" Partial Side BuiMino Elevation scale: 1f8"=1'~ 14'-51/4" 21,6 souave f~t Mfg. & Install (2) sets of 18" TDM Channel Leflers scale: 3/4'=1'-0" TACO DEL MAR: 5' Deep Channel Lettem w/13mm 6500 White Neon Ilium. w/Remote Tr~s. 3/16" 015-2 Y White Plex w/1" 31G Brorm Tdm Cap, Channel Lettem to have to have pre-painted Bronze Returns Le{ters Mounted on .ogo Alum. Wimway, Wlreway to have ALL MOUNTING ATTACHMENTS Wireway painted to match Guilding Grlcl( SIGNAGE CRITERIA- ADDENDUM VILLAGE AT TOWN CENTER The Signage Criteria as set forth herein, shall govern all signage to be used or displayed in the Shopping Center. All signs within Village at Town Center shall be designed, fabricated and installed to comply with UL electrical code, the City of Coppell Sign Code as well as including but not limited to the following criteria and specifications. 1) No raceways are allowed. 2) Rear signage is encouraged but not required. 4) All Tenants shall use a wireway to match brick color. Landlord shall provide Pantone color match # to be used by all Tenants. 5) All signs shall have a photo cell/timer circuit in the Premises to control illumination. EXHIBIT 'E'