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OR 91-500-A-064 Zoning change to Light Industrial for restaurant at SW of MacArthur Bld & Beltline Rd AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A64 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 (LIGHT INDUSTRIAL), SPECIAL USE PERMIT FOR RESTAURANT USE WITH SPECIAL CONDITIONS, LOCATED NEAR THE SOUTHWEST CORNER OF MACARTHUR BOULEVARD AND BELTLINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT"A" ATFACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B", THE LANDSCAPE PLAN ATTACHED HERETO AS EXHIBIT "C" AND THE RENDERINGS ATTACHED HERETO AS EXHIBIT "D"; 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-1081 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 (Light Industrial), Special Use Permit for restaurant use with special conditions, located 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 change in zoning for a Special Use Permit for restaurant use is hereby granted subject to the following special conditions, to wit: 1. The Specific Use Permit shall be in accordance with the Site Plan, Landscape Plan, and Renderings attached hereto as Exhibits "B", "C" and "D". 2.All structures shall be constructed of 80% red brick or red masonry materials. 3. The 25' fire lane and access easement on west side of property as shown on the Site Plan attached hereto as Exhibit "B" shall be constructed to Beltline Road prior to the issuance of certificate of occupancy. SECTION 3. That the Site Plan, Landscape Plan and Renderings as shown in Exhibits "B", "C" and "D" 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. 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. 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. 2 AGG0$AIF SECTION 7. 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. 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. 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 C~_~(;~J~ , 1994. APPRO ,,~: ATI'EST: I.JSIDA GRAU, ASSISTANT C1TY SECRETARY APPROVED AS TO FORM: 3 ^GG05A1F FIELD NOTE DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS CITY OF COPPELL WHEREAS S.T. Lending, Inc. is the owner of a 1.197 acre tract of land situated in the SINGLETON THOMPSON SURVEY, Abstract No. 1493, City of Coppell, Dallas County, Texas, and being part of Pads B through F of the Replat of Valley Ranch Plaza - Pads B through I, as recorded in Volume 89090, Page 2937 of the Deed Records of Dallas County, Texas (D.R.D.C.T.), said 1.197 acre tract being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the intersection of the westerly line of MacArthur Boulevard (a 100 foot right-of-way) and the southerly line of Belt Line Road (a 120 foot right-of-way); THENCE South 00° 10' 00" West, along the westerly line of said MacArthur Boulevard, 358.61 feet to the POINT OF BEGINNING; THENCE South 00° 10' 00" West, continuing along the westerly line of said MacArthur Boulevard, 121.65 feet to an "x" in concrete found; THENCE North 89° 50' 00" West, leaving the westerly line of said MacArthur Boulevard, 199.74 feet to a 5/8 inch iron rod found; THENCE South 72° 08' 42" West, 129.22 feet to a 5/8 inch iron rod found; THENCE North 89° 50' 00" West, 77.38 feet to a 5/8 inch iron rod found; THENCE North 00° 10' 00" East, 143.13 feet to a point; THENCE South 89° 50' 00" East, 111.00 feet to a point; THENCE North 00° 10' 00" East, 18.50 feet to a point; THENCE South 89° 50' 00" East, 289.00 feet to the POINT OF BEGINNING and containing 1.197 acres or 52,157 square feet of land, more or less. EXHIBIT "A" ¢,1~...;.--~ ~c. SPECIAL USE PERM!T =~, :..--.~._ %,¥~inkelmann . ~ - ~, V~LL~Y RANCH PLAZA PAD "~" ~., ~m,.~ ARBY'S RESTAURANT CASE NO S-~081 ~': ~": '~:~ EXHIBIT "D" 1 of 4 EXHIBIT "D" 2 of 4 EXf~IBIT "D" 3 of 4 EXHIBIT "D" 4 of 4