OR 91500-A-114 Zoning - to Commercial for Drive-Through Restaurant ORDINANCE NO 91500A114
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, AS HERETOFORE AMENDED, BY GRANTING A CHANGE
IN ZONING FROM "C" (COMMERCIAL) TO "C-S.U.P." (COMMERCIAL,
SPECIAL USE PERMIT) FOR A DRIVE-THROUGH RESTAURANT, WITH
SPECIAL CONDITIONS, ON PROPERTY LOCATED ON THE
NORTHWEST CORNER OF THE INTERSECTION OF SOUTHWESTERN
BOULEVARD AND DENTON TAP ROAD, COPPELL, DALLAS COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" A'I'I'ACHED HERETO; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN A'R'ACHED HERETO AS EXHIBIT "B"; 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 ($2,000.00)
DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission of the City of Coppell and
the governing body of the City of Coppell in compliance with the laws of the State of
Texas, and the ordinances of the City of Coppell, have given requisite notice 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-1094R should be approved, and in the exercise of its 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 on the
6th day of February, 1979, as heretofore amended, be, and the same are hereby,
amended by granting a change in zoning from "C" (Commercial) to "C-S.U.P."
(Commercial, Special Use Permit) for a drive-through restaurant, with special conditions,
on property located at the northwest corner of the intersection of Southwestern Boulevard
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and Denton Tap Road, Coppell, Dallas County, Texas, and being more specifically
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the above change in zoning is hereby granted subject to
the following special conditions:
A. That the property shall be developed and used only in accordance with the
Site Plan attached hereto as Exhibit "B";
B. The property shall be developed with a ten foot (10') sidewalk easement
from the back of the curb along Denton Tap Road;
C. The sidewalk from the back of the curb along Denton Tap Road as shown
on the Site Plan attached hereto as Exhibit "B" shall be constructed by the
property owner when deemed necessary by the City Engineer;
D. A dedication deed or instrument for the sidewalk easement described herein
meeting the satisfaction of the City Engineer shall be tendered to and
accepted by the City for recordation prior to the issuance of any building
permit for the property;; and
E. Grading and drainage plans for the property shall be submitted to the City
Engineer prior to the issuance of any building or other permit for the
development of the property.
SECTION 3. That the Site Plan, attached hereto as Exhibit "B", and made
a part hereof for all purposes, is 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
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Coppell, as heretofore amended, and as amended herein.
SECTION 5. That all provisions of the ordinances of the City of Coppell in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions of the ordinances of the City of Coppell 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 invalid, illegal or unconstitutional,
and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole.
SECTION 1. 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
($2,000.00) Dollars for each offense; and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
SECTION 9. This ordinance shall take effect immediately from and after its
passage and the publication of the 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
~' ~.~ ~. 1996.
day of ~:, ,
APPROVED:
TOM MORTON, MAYOR
ATTEST:
LIND/~ GRAU, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/ct 1/18/96)
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Being a ~ract of land ovt of NoRTN Z~XE ESTATES, an Addition to the
City of Coppell, Texal, according to the plat thereof recorded in
Volume 45, Page 65 of %he Map Records of Dallas County, Texal, and
BEGINNING at I 1/2" iron rod for corner in the North line of
Copplll Road (60' R.O.W.), laid point being North 89 deg. 30 m~n.
Ealt, 148.82 feat ~rom itl interlection wi~h the Emit line of
Bullock D~iwe (50' R.O.W.);
TH~CE North, pirmlle1 wi~ B~llock DriVe, a 4iltance of 126.31
~CE Eas~, 150 f~e~ ~o m 1/2" iron rod fo~ c~er in ~e WmI~
%ina ~ D~n~on Tap Roa~ (virimble v~dth B.O.W.);
NorthicnmolC ~or~m~ of a 40' x A0, cu~ off ~o~ ~he in~erlec~ion, of
Chi Welt line of Dl,~on Tap Road with the Nor~ line of co;pel~
THENCE ~ou~h 44 deg. 45 min. ~2 leC. Welt with said cuC off lini,
m distance of 56.t2 fie= %o a 1/2" iron rod In the Nor~ line of
Coppell Road;
~CE Sou%h 89 de~. 30 min. welt with %he North lin~ of Coppell
Road, a dil~ance o~ 110 ~me~ to the place of BE~I~ING and
con%mining le)o4e.22 i~are fee~ of ~lnd, more or leis.
EXI~IBIT "B"