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OR 91500-A-438 Case S-1235-TC AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-438 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-1235-TC (SPECIAL USE PERMIT-1235-TOWN CENTER), TO ALLOW THE OPERATION OF A 2,995-SQUARE-FOOT GROCERY AND RESTAURANT, WHICH WILL INCLUDE INTERACTIVE FOOD PREPARATION OR COOKING SCHOOL, TO BE LOCATED IN THE TOWN CENTER ADDITION, LOT 2, BLOCK 3, ALONG THE EAST SIDE OF DENTON TAP ROAD; NORTH OF TOWN CENTER BLVD, 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, 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-1235-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 by granting a change in zoning from TC (Town Center) to S-1235-TC (Special Use Permit-1235-Town Center), to allow the operation of a 2,995-square-foot grocery, restaurant and interactive food preparation or cooking school, to be located in the Town Center 1 70290 Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd, for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit to allow the operation of a 2,995-square-foot grocery and restaurant, which will include interactive food preparation or cooking school, is hereby approved subject to the following special conditions: (A)The development shall be in accordance with the site plan, floor plan and sign plan. (B)The hours of operation shall not exceed 7:00 a.m. to 11:00 p.m., seven days a week. SECTION 3. . That the site plan, floor plan and sign plan shall be 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. 2 70290 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 ofCoppell, Texas, this the IOV;!ydayof &di~ ,2006. ATTEST: ROBERT E. HAGE , ITY ATTORNEY (REH/cdb)[JDD r . wed only 03/21/06] 3 70290 LEGAL DESCRIPTION Being an approximate 2,995 square foot lease space, located as indicated on Exhibit "B", on property being more particularly described as Lot 2, Block 3 of the Town Center Addition, being an Addition to the City of Coppell, Dallas County, Texas and known as 240 North Denton Tap Road, Coppell, Texas. EXHIBIT 'A' ~ I I ~ ~ CI a: c > 1&1 -I ::a o GI a: 1&1 to- Z 1&1 U z . o to- Jol ~--ti ~ ,. Taco Del Mar (1,667 SF) Irvel (1,524 SF) LC Pizza (1,427 SF) port Clips (1,364 SF) r Healthy Me Marketplace (2,995 SF) FedEx/Kinko's (1,515 SF) Tangerine Salon (2,272 SF) r ..1 -,....^'-Q Ii' hI In . j~ K II , .. ~ II Ii .. .. 1 r ! J. j it u - H-...._NoM · U ~i';; ),l;j:~-- - - .....- ---- --.... n ,IITePLAII v Ii ICoIlI: ,. . :w - rr L . \, ..= (\ o 11( o a: a.. 11( t- z o ... Z ILl o ~ t:II:l H ~ - ~ 5HEEf ** I Cf I ~'" - .:t.l..1I.. 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