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OR 91-500-A-047 Zoning change to light Industrial for operation of restaurant at MacArthur & Beltline Rd AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A47 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 LI (LIGHT INDUSTRIAL) TO LI S.U.P. (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) WITH SPECIAL CONDITIONS, TO ALLOW THE OPERATION OF A RESTAURANT ON A 0.73 ACRE TRACT OF LAND LOCATED ALONG THE SOUTHEAST CORNER OF MACARTHUR BLVD AND BELTLINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATFACHED HERETO AS EXHIBIT "B" AND THE LANDSCAPE PLAN ATTACHED HERETO AS EXHIBIT "C"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE; 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 Application Number S-1076 should be granted, 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, as heretofore amended, be, and the same is hereby, amended to grant a change in zoning from LI (Light Industrial) to LI S.U.P. (Light Industrial, Special Use Permit), for the operation of a restaurant on a 0.73 acre tract of land located along the southeast corner of MacArthur Boulevard and Beltline Road and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all Purposes: SECTION 2. That the change in zoning is hereby granted subject to the following special conditions, to wit: 1. All required parking shall be provided on-site. 2. Additional off-site parking shall be immediately adjacent to and on the south side of this site. 3. The property shall comply with the Site Plan and Landscape Plan attached hereto as Exhibits "B" and "C", respectively. SECTION 3. That the Site Plan and Landscape Plan as shown in Exhibits "B" and "C", attached hereto 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 purposes provided for by the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and as amended herein. SECTION 5. REPEALING CLAUSE That all provisions of 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. 2 SECTION 6. SEVERABILITY CLAUSE 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. PENALTY CLAUSE 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 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. SAVINGS CLAUSE An offense committed before the effective date of this ordinance is governed by the prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 9. EFFECTIVE DATE That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the X.' day of ' ~2/6~."). d~' , 1994. / 3 AGG0519B APPROVED: TOM MORTON, MAYOR ATI'EST: CIT~ SECRETARY. ,~.x$ APPROVED AS TO FORM: ~R G. SMIT~, CITY ATI'ORNEY 4 AGG0519B FIELD NOTE DESCRIPllON BEING o 0.448 acre tract of land situated in the Singleton Thempson Survey, Abstract No. 1493, City of Coppell, Dallas County, Texas, and being oil of Lot B-R1, Block 1 of o replat of Lot B, Block 1 of the Volley Ranch Center, on addition to the City of Coppell, Texas os recorde, d in Volu.rne 9;3006, Page 5651 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), said 0.448 acre tract being more particularly described os follows: BEGINNING a.t a point in the easterly line of MocArthur Boulevard (a 110 foot right of way), said point also being the southwest comer of Lot A, Block 1 of the Valley Ranch Center, an. addition .to the City of Coppell, os recorded in Volume 88035, Page 1680 (D.R.D.C.T.); THENCE South 85'42'35" East, leaving the eosteHy line of said MacArthur Boulevard and along the southedy line of said Lot A, Block 1, 187.60 feet to a point; THENCE South 04'17'25' West, leaving the southedy line of said Lot A, Block 1, 105.44 feet to a point THENCE North 85'42'35' West, 100.00 feet to a point; THENCE North 87'52'55' West. 79.84 feet to a point in the easterly line of sold MacArthur Boulevard; THENCE North 00'10'00' East, along_the easterly line of said MacArthur Boulevard, 108.74 feet to the POINT OF BEGINNING and containing 0.4~8 acres or 19,501 square feet of land more or less. Exhibit"A" !~ MacARTHUR BOULEVARD I "· i ":,',/".~ ....... ~-- / ....... ~ ..... ~ .- ~,~ .[ ~.~ ~ ~:~ .............. ; ...... T ...................... %%: ........... ~ ...... .... ~ . .-__ ' ~ ~ a l' ~lt it ~ tq q ill '~' ~ ~ q,..~[ [~I I1,*,,., ,, ,,,,;, ~xhiblt "~" :il': ' ,.:.-- .: _ ................................ i!: '~'- ~ SECIMacArthur at Beltline ARCHITECTS ANO INTE:RIOR DESIGNERS