OR 91-500-A-208 Zoning change to "C-SUP" for Fresh Wok restaurant with take-out service AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A208
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" (COMMERCIAL) TO "C-
S.U.P." (COMMERCIAL, SPECIAL USE PERMIT) TO ALLOW A
RESTAURANT WITH TAKE-OUT SERVICE FOR THE PROPERTY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR
SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE
RETAIL CENTER SITE PLAN, OVERALL EAST ELEVATION, SIGN
ELEVATION AND EQUIPMENT PLAN, ATTACHED HERETO AS
EXIHBITS "B", "C", "D", AND "E", 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 DOI.I.ARS ($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
CoppeR, Texas, in compliance with the laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of CoppeR, 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-1151 should be approved, and in the exercise of
legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be
amended.
NOW, THF~REFORE, BE IT ORDAINEl) BY THE CITY COUNCIL OF ~ CITY
OF COPPELL, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of CoppeR,
Texas, duly passed by the governing body of the City of CoppeR, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "C-S.U.P."
(Commercial, Special Use Permit) to allow a restaurant with take-out service, subject to special
conditions for the property described in Exhibit "A" attached hereto and made a part hereof for all
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SECTION 2. That the Special Use Permit for a restaurant with take-out service is hereby
approved subject to the following special conditions:
(A) Exterior sign dimensions shall not exceed 16 square feet and shall be ivory in color.
(B) The hours of operation are as follows:
Sunday through Thursday 11:00 a.m. to 9:30 p.m.
Friday and Saturday 11:00 a.m. to 10:30 p.m.
(C) In the event ownership of a property is transferred from the original grantee to a new
owner or new operator or in the event the owner or operator of a property ceases to
operate the restaurant business use for a period in excess of ninety (90) days, the
Planning and Zoning Commission or the City Council may initiate a zoning change to
consider the zoning classification of the property back to its original zoning
classification or such other classification as may be appropriate for the property.
(D) The property shall be developed and used only in accordance with the special
conditions and the Retail Center Site Plan, Overall East Elevation, Sign Elevation and
Equipment Plan attached hereto as Exhibits "B", "C", "D", and "E" respectively.
SECTION 3. That the Retail Center Site Plan, Overall East Elevation, Sign Elevation and
Equipment Plan 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 CoppeR, as heretofore amended,
and as mended herein.
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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 hdd to be unconstitutional, illegal or invalid, the same shall not affect the
validity of this ordinance as a whole, or any pan 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, 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 fi.om and atter its passage and
the publication of its caption, as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas, this the ~'~ day of
/_~e c'cS ~/~ge/- ,1998.
APP~D: ~ ~ ,~
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
G. SMI~ CITY ATTORNEY
(PGS/tfl 11/24/98)
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LEGAL DESCRIPTION
761 S. MacArthur Blvd., Suite 109, Coppell, TX 75019
EXHIBIT "A"
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BELT UNE ROAD
EXHIBIT 'B'
EXHIBIT