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OR 91-500-A-210 Changes zoning to "PD-SUP" for Plankton Seafood Cafe restaurant & private club AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A210 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 "PD-C" (PLANNED DEVELOPMENT COMMERCIAL) TO "PD-S.U.P." (PLANNED DEVELOPMENT, COMMERCIAL, SPECIAL USE PERMIT) FOR A RESTAURANT AND PRIVATE CLUB FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SIGN ELEVATION, RETAIL CENTER FRONT ELEVATION AND RESTAURANT FLOOR 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 governing body is of the opinion that Zoning Application No. S-1154 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 "PD-C" (Planned Development, Commercial) to "PD-C S.U.P." (Commercial, Special Use Permit) for a restaurant and private club, 1 :SS22576 subject to special conditions for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit is hereby approved subject to the following special conditions: (A) The operation of the private club shall be in accordance with the Texas Alcoholic Beverage Code and the Comprehensive Zoning Ordinance. (B) The hours of operation for the restaurant and private club are limited to: Sunday through Thursday 11:00 a.m. to 10:00 p.m. Friday and Saturday 11:00 a.m. to 11:00 p.m. SECTION 3. That the property shall be developed and used in accordance with the Sign Elevation, Retail Center Front Elevation, and Restaurant Floor 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 purposes 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 affect the validity of this ordinance as a whole, or any part or provision thereof other than the part 2 ss22576 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, 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 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 /~ -/~1. day of ~-)~ t l l, l £l ,~ ~ ,1999. APP ED: " ;: CAI~DY sHE~IAN, ~/i,~YOR ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SM~TTORNEY (PGS/sb 12/14/98) 3 ss22576 Legal Description 817 S. MacArthur Boulevard, Suite 100, Coppell, TX 75019 EXHIBIT "A" E~Xf~IBIT "B"