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OR 91-500-A-044 SUP in Light Industrial allows opreation of restaurant AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A44 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 SPECIAL USE PERMIT WITH SPECIAL CONDITIONS IN AN "LI" LIGHT INDUSTRIAL DISTRICT, TO ALLOW THE OPERATION OF A RESTAURANT ON A 0.9262 ACRE TRACT OF LAND NEAR THE SOUTHWEST CORNER OF MACARTHUR BOULEVARD AND BELTLINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE ATTACHED SITE PLAN MARKED AS EXHIBIT "B" ATTACHED HERETO; 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 No. S-1059 should be granted, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance 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 Special Use Permit with special conditions for property in an "LI" Light Industrial District, to allow the operation of a restaurant on a 0.9272 acre tract of land near the southwest 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 Specific Use Permit for a restaurant is hereby approved subject to the following conditions, to wit: 1. Cedar Elm trees shall be planted and maintained in the required streetscape areas. 2. Each required parking space shall be 180 square feet in area. 3. That the Specific Use Permit shall be in accordance with the Site Plan marked Exhibit "B" attached hereto and made a part hereof for all purposes. 4. That the Specific Use Permit shall be in accorance with the location map contained in the Site Plan and the Architectual rendering attached hereto as Exhibit "C" and made a part hereof for all purposes. SECTION 3. That the Site Plan for the Specific Use Permit shown in Exhibit "B" attached hereto and made a part hereof for all purposes, is 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. REPEALING CLAUSE That all rovisions 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 ..'? ~'~' day of /~ii~£.~.c~.~t, 1994. 3 ^Gc_.o4m~ APPROVED: ~'1~ MORTON, MAYOR ATI"EST: CITY SECi(ETTkRY,-~ ..%~ -/~ APPROVED AS TO FORM: 'PETER G. S~, CITY ATTORNEY AGG04PSA I~[ELD NOTES BEING a tract of land loc<ed in the Singleton Thompson Survey, Abstract No. 1493, Dallas County, Texas, and being ail of Pad G and part of Pad E of the "Replat of Valley Ranch Plaza-Pads B through I," en addition to the City of Coppe'll as recorded in Volume 88116, Page 1992 of the Deed kecords of Dallas County, Texas and being more particularly described as follows: BEGINNING at a 3/8-inc}; iron rod found at the southeast corner of said Pad G, and the northeast corner of Pad I, ~aid point also being an the west line of MacArthur Boulevard (a ll0-foot right-of-way); THENCE North 89 degrees 50 minutes 00 seconds West, departing said west line of MacArthur Boulevard aha along the south line of Pad G, at 199.74 feet passing the southwest corner of Pad G and continuing along the south line of said Pad I~, in all a distance of 287.00 feet to an "X" found at a southwesterly corner of Pad E; THENCE North 19 degrec~ 45 minutes 49 seconds West, along a westerly line of Pad E, a distance of 104.51 feet to a 5/8-inch ixon rod ~rith a "Dunaway" cap found for a re-entrant corner of Pad E; THENCE North 72 degree~ 08 minute~; 4 7. seconds East, departing the westerly line of Pad E, a ~listanee of 129.22 feet to a 5/8..inch iron rod with a "Dunaway" cap found on tim east line of said Pad I~, also being the northwest corner of Pad G and the southwest corner of Pad F; THENCE South 89 degree~ 50 minutes 00 seconds East, along the north line of Pad O, a distance of 199.74 feet to an "X" in concrete found for the northeast corner 9f Pad G on the west line of MacArthur Botflevard; TH]ENCE South 00 degrees 10 minutes 00 seconds West, along said west line, a di~tarte.¢ of 138.23 feet to the POINT ¢)F BEGINNING AND CONTAINING 40,390 square feet or 0.9272 acres of land, more ~r less. The property is located within Zone C, an area of minimal flooding aa reflected by City of Coppell Flood Insurance Rate Map 480170 0005 C dated February 15, 1984, and amended by letter from FEMA dated August 12, 1986. E~'HIBIT A