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OR 91-500-A-155 Amends site plan for outdoor eating & playground area AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A155 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF TIlE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY AMENDING THE SITE PLAN FOR PROPERTY ZONED "PD-C" (PLANNED DEVELOPMENT - COMMERCIAL) DESCRIBED IN EXHIBIT "A", ATTACHED HERETO, TO ALLOW AN OUTDOOR EATING AND PLAYGROUND AREA; PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, PLAYLAND/SEATING LAYOUT, AND BUILDING ELEVATION ATTACHED HERETO AS EXHIBITS "B", "C", AND "D" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY 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. PD- 157R 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 Coppcll, Texas, as heretofore amended, be, and the same is hereby amended by amending the site plan for property zoned "PD-C" (Planned Development - Commercial) described in Exhibit "A", attached hereto and made a pan hereof for all purposes, to allow an outdoor eating and playground area. SECTION 2. That the above change in zoning is hereby granted, subject to the following special conditions: 1. The property shall be developed and used only in accordance with the Site Plan, Playland/Seating Layout, and Building Elevation, attached hereto as Exhibits "B", "C", and "D" respectively, and made a pan hereof for all purposes. 2. All lighting beneath the awning shall be shielded above and directed downward. 3. At least 95 % of the play equipment shall be in a base color and no more than 1% in an accent color. 4. Total number of dining tables at the 1.211-acre site, inside and out, shall not exceed 25. SECTION 3. That the Site Plan, Playland/Seating Layout, and Building Elevation, attached hereto as Exhibits "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 c~-~ o/ day of ~Q,~r ,' ~ , 1997. 2 APPROVED: ATTEST: KA'i~'I-ILEEN ROACH, CITY SECRETARY A:_,D AS TO FORM: lffETER ~.~S~ C~T~ ATTORNEY 3 STATE OF TEXAS COUNTY OF DALLAS OTY OF COPPELL BEING 0 tract of tend in the SINGLETON THOMPSON SURetY, Abstract No. 1493 end being o portic~ of Ped B and ell of Pods C and D of REPLAT OF VALLEY RANCH PLAZA, Pods B through I. os recorded in Volume 89090. Page 2957 of the Deed Records*of Della9 County. Texas (DROCT) and oil of Pods £ end F of o REPEAT A REPEAT OF VALLEY RANCH PLAZA. Pages E through G os recorded in Volume 92126, Pegs 5259 (OROCT) and ell of o tract of land dolled Volley Ranch. Tract A os recorded in Volume 88035, Page 1680 (ORDCT) and being more porUculorly described es follow~: BEGINNING et a 1/2 inch iron rod found et the intersection of the weetedy line of M~cARTHUR BOULEVARD (e 100 foot right-of-way) end the southerly line of BELT UNE ROAD (e 120 foot right-of-way); THENCE South 00'10'00' West, along the west,e~l..~ line of said MacARTHUR BOULEVARD, o distance of 480.26 feet to on X in concrete found; THENCE North 89'50'00' Welt, Isoving the westerly line of said MocARTHUR BOULEVARD, o distance of 199.74 feet to o 1/2 inch iron rod found; THENCE South 7298'42' West- o distance of 129.22 feet to e 5/8 inch Iron red found; THENCE North 89'50'00' West. a distance of 77.38 feet to e 5/~ inch iron red found; THENCE North 00'10'00' Eo~t- e distance of 4.51.67 feet to a 5/8 inch Iron rod found; THENCE North 00'01'27' East, o distance of 97.4.1 feet to o 1/2 inch iron rod found in the southerly line of sold BELT UN£ ROAD; THENCE South 85'42'55' East. along the southerly line of the sold BELT MNE ROAD, distance of 56.10 feet to e point; THENCE South 00~1'27. west. o distance of 35,04 feet to e point; THENCE South 25'04'15' West. o distance of 28.35 feet to o point; THENCE South 00'01'27' We~t. e distance of 56.05 feet to e point; THENCE South 00'10'00' West. o distance of 91.136 feet to o point for the beginnie9 of a curve to the left having o radius of .30.00 feet, o chord t~eoring South 44'50'00' end e chord distance of 42.45 feet; THENCE along said curve to the left through o central angle of 90'00'00' on arc length of 47.12 feet to a point; ' THENCE South 89'50'00' £ost. o distance of 101.51 feet to o point; THENCE North 54'40'$7. [est, a distance of 54.96 feet to o point; THENCE North 00'10'00' £ost. e distance of 81.86 feet to a point for the begi?i~l,g of o curve to the left having o radius of 20.00 feet, o chord bearing North 44'50 O0 We~t, and a chord distance of 28.28 feet; 11-1ENCE along sold curve to the left through a central angle of 90'00'00" on arc length of 51.42 feet to a point; THENCE North 89~0'00' West. o distance of 5.00 feet to o point; THENCE North OOqO'O0' East. e distance of 72.04 feet to a point in the ~outherl¥ line of sold BELT UN£ ROAD;, THENCE South 85'42'55' £aet, along the southwly line of the sold BELT LINg~IOAD, distance of 225.52 feet to the POINT OF BI[GINNING; CONTNNING within these metes end bounds 5,895 acres or 169,674 eque t o 200.26' '" MaCART ,I?IUR BOULEVARD ® ® ®®®® ® oo · .,,,,,, ,,,,,,.. ,:, ....... ,, - ~~~~~ J ~.'":"' / 0 p.,.,.~ j ~,~ ~m i~i,,,. *'~'~ ~i ,~.-'~ ** ~[~ ,. ~ ~. *~1 ,~,..~, ~ ~, ~' ~ ~*'~' ~ .... '~'' -'i ..... ~r~, i-~;~ ............ SUPPLEMENTAL ELEVATION, DETAILS. A NOTES.iLeal., * .*c* ~BI~ "D"