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OR 91-500-A-144 Zoning change to Commercial, for restaurant at Kimbel Addition7 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 9/SOD- A -ZW 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 PERM17), TO ALLOW A RESTAURANT ON PROPERTY DESCRIBED AS LOTS 9 AND 10 OF KIMBEL ADDITION, AN ADDITION TO THE CITY OF COPPELL, AS RECORDED IN VOLUME 77213, PAGE 0999, OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS AND EQUIPMENT FLOOR PLAN ATTACHED HERETO AS EXHIBITS "A", "B", "C" AND "D" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABII.ITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR 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 Case No. S- 1114 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" (Commercial) to "C-S.U.P." (Commercial, Special Use Permit) to allow a restaurant use with special conditions for property described as Lots 9 and 10 of the Kimbel Addition, an addition to the City of Coppell, as recorded in Volume 77213, Page 0999, of the Map Records of Dallas County, Texas. SECTION 2. That the above change in zoning for Special Use Permit for restaurant use is hereby granted, subject to the following special conditions: 7 1. The property shall be developed and used only in accordance with the Site Plan, Landscape Plan, Building Elevations, and Equipment Floor Plan, attached hereto as Exhibits "A", "B", "C", and "D" respectively, and made a part hereof for all purposes. SECTION 3. That the Site Plan, Landscape Plan, Building Elevations, and Equipment Floor Plan, attached hereto as Exhibits "A", "B", "C", and "D" respectively, and made a part hereof for all purposes, be, and the same 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 Comprehensive Zoning Ordinance 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 so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 7. That an offense committed before the effective date of this ordinance is governed by the 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 /4 -,Ih day of -Oee-e1,17J9er' , 1996. 2 7 APPROVEP: TOM MORTON, MAYOR ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: L ?A 9 L -):: im� PETER G. 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