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OR 91-500-A-232 Changes zoning to "C-SUP" for Sonic Drive In on Denton Tap Rd AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.91500A232 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" AND "C-S.U.P." (COMMERCIAL AND COMMERCIAL, SPECIAL USE PERMIT) TO "C- S.U.P." (COMMERCIAL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT FOR A RESTAURANT, DRIVE-IN AND PARKING FACILITIES FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE S.U.P. EXHIBIT, THE CANOPY ELEVATION, SIGN, AND SITE PLAN, AND THE LANDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D", RESPECTIVELY; 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 goveming 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 goveming body is of the opinion that Zoning Application No. S-1077R 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" and "C-S.U.P." (Commercial and Commercial, Special Use Permit) to "C-S.U.P." (Commercial, Special Use Permit) to grant a special use permit for a restaurant, drive-in and parking facilities, subject to 1 27935 special conditions, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for a restaurant, drive-in and parking facilities is hereby approved subject to the following special conditions: (A) All landscaping requirements must be met or must obtain the appropriate relief from the Board of Adjustment. (B) The hours of operation shall be the same as the hours of operation for the existing restaurant as follows: Sunday through Thursday, from 9:00 a.m. to 11:00 p.m.; Friday and Saturday, from 9:00 a.m. through 12:00 a.m. (C)Building materials must match the existing structure. (D) The trash dumpster shall be moved north, outside the sight-visibility line, but in an accessible location. SECTION 3. That the S.U.P. exhibit, the canopy elevation, sign and site plan, and the landscape 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 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 6. 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 2 27935 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 7. 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 8. 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 9. 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 12th day of October 1999. APPROVED CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, INTERIM CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY (REH/cdb 9/23/99) 3 27935 LEGAL DESCRIPTION THE SONIC ADDITION SPECIFIC USE PERMIT BEING a tract of land situated in the George W. Jack Abstract No. 694, Dallas County, Texas, said tract being all of Lot 1, Block A, The Sonic Addition, an addition to the City of Coppell, Texas as recorded in Volume 94144, Page 2353 of the Deed Records of Dallas County, Texas, said tract also being a part of that tract of land conveyed to William & Pat Boorhem as recorded in Volume 83065, Page 2949 of said Deed Records, and more particularly described as follows: BEGINNING at a 1/2 inch iron rod found at the southeast corner of Lot 32B, Block A, Huntington Ridge, an addition to the City of Coppell as recorded in Volume 94160, Page 4364 of the Deed Records of Dallas County, Texas; THENCE N 00deg 19min 41sec E along the east line of said Lot 32B, a distance of 24.51 feet to a 1/2 inch iron rod set for corner; THENCE N 88deg 18rain 44sec E departing said east line of Lot 32B, a distance of 220.67 feet to a 1/2 inch iron rod set in the west line of Denton Tap Road (100 foot right-of-way); THENCE S 00deg 58min 32sec E along said west line of Denton Tap Road, a distance of 129.73 feet to a "X" set in concrete; THENCE S 88deg 17min 44sec W departing said west line, a distance of 269.67 feet to a % iron rod set for corner, said point being in the east line of Lot 32A, Block A, Huntington Ridge; THENCE N 00deg 58min 31sec W, a distance of 104.76 feet to a 1/2 inch iron rod set; THENCE N 87deg 40min 10sec E, a distance of 48.45 feet to the PLACE OF BEGINNING and containing 33,784 square feet or 0.775 acres of land. EXHIBIT "A'