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OR 91-500-A-042 SUP in Commercial District for operation of restaurant AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A42 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 A "C" COMMERCIAL DISTRICT, TO ALLOW THE OPERATION OF A RESTAURANT ON A 0.649 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT 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-1060 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 a "C" Commercial District, to allow the operation of a restaurant on a 0.649 acre tract of land located at the southeast corner of Sandy Lake Road and Denton Tap 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 special conditions, to wit: 1. The dumpster must be screened on at least three sides. 2. The screening wall around the deck shall be of sufficient height to prevent patrons on the deck from being seen from the public right-of-way adjacent to the area. 3. The property shall comply with the streetscape plan. 4. The Specific Use Permit shall be in accordance with the Site Plan marked Exhibit "B". SECTION 3. That the Site Plan for the Specific Use Permit shown in Exhibit "13" 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 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 thi.~ purpose. SECTION 9. EFFE~ 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 ~f~"~J~cc~!L~/ ,1994. APPROVED: '~ TOM MORTON, MAYOR ATTEST: CITY SECRETARY /~,3 ~ F'. APPROVED AS TO FORM: ~R G. SMI~ CITY ATTORNEY 4 AGG04FEB POtNT OF BEGINNING ' SANDY LAKE CULVERT PARCEL 2 - 28 ~25'l SQ. FT. GROSS 24,158 SO.FT. NET. PARCEL 2. B[IP, G a tract of land situated tn the [d¥~ard A. Crow Survey Abstract rm. ~0:. ~'lall,ls County. Texas and being a portioe of the *'FIRST TP~CT" ~n a d~d recorded io Pa~ lg~ of the ~ed ~cords of Oallas Count.v, Texas and ~lnq ',ere ~scrl~d as follot~ BEGI:~I:~ at an Iron rod t~ the south 1the of Sandy La~e =~ad (~' R.O.'~.) at the no~t~rly s~theast corner of a 5.39 acre tract descried tn a deed fr~ A~dre7 :~. et vtr, :o the Co~ty o~ Dallas, for ~denin~ ~nton Tap Ro~, dat~ ~uly 9, 1955 filed ~c~r 6, 1955 in the ~ed Records of Dallas Co~mty. Texas: Said iro~ rod t~ ~St northe~l.v ~rth~s[ coener of said "FIRST TP~CT"; THE~[ ~ 89~ aT' 18" E 137 71 f~t along the south line Of ~ La~ ~d ~EIIC[ S ~' 37' ~" '~. 161.0c feet to an I~on ~; T~rlCE N ~9' 23' ~" ~ 180.01 feet to an iron r~ tn the east lt~ of ~t~ Tap THE~[ ~ Og' 0~' ~' ~, lOg.g6 feet along the east line of ~nt~ Tap ~d TI~E ~ 44~ ~3' 11~ E, 6g.2S feet to the ~INT OF BEGINNING ~d.C~tatnlng feet ar O.M9 acres of land.