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OR 91-500-A-093 Zoning - LI for Ice-Cream Retail Establishment AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO 91500A93. 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) FOR AN ICE-CREAM RETAIL ESTABLISHMENT, WITH A SPECIAL CONDITION FOR PROPERTY LOCATED IN THE VALLEY RANCH CENTER AT THE SOUTHEAST CORNER OF MACARTHUR BLVD. AND BELTLINE ROAD, COPPELL, DALLAS COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS PLAN, AND EXTERIOR SIGN ELEVATIONS, ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E" RESPECTIVELY; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; 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-1095 should be approved, 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, 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 change in zoning from "Lr' (Light Industrial) to "LI S.U.P." (Light Industrial - Special Use Permit) to allow the operation of an ice-cream retail establishment with a special condition for property located in the Valley Ranch Center located at the southeast corner of MacArthur Blvd. and Beltline Road, Coppell, Dallas County, Texas, 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 Special Use Permit to allow the operation of an ice-cream retail establishment, is hereby granted subject to the following special condition: 1. The property shall be developed and used only for a retail ice cream establishment in accordance with the Site Plan, Floor Plan, Elevations Plan, and Exterior Sign Elevations, attached hereto as Exhibits "B", "C", "D", and "E", respectively. SECTION 3. That the Site Plan, Floor Plan, Elevations Plan, and Exterior Sign Elevations, as shown in Exhibits "B", "C", "D", and "E", 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 purpose 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 the Comprehensive Zoning Ordinance 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 AGG06F4E SECTION 7. An offense committed before the effective date of this ordinance is governed by 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 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 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 ,,7,.~'"~ day of ~ t~ ,1995. APPROVED: ATrEST: LIi~D~G'RAU, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMIT~I, CITY ATI'ORNEY (PGS/ct 6-29-95) 3 AGG06F4E EXHIBIT "A" Legal Description That part of Valley Ranch Center identified as Suite 108-A and containing 1300 square feet of interior floor space, said Valley Ranch Center being a multiple-tenant retail building located on one certain tract of land shown on a plat of Valley Ranch Center, a subdivision of the City of Coppell, Texas, as recorded in Volume 88035, Page 1680, of the map records of Dallas County, Texas. EXHIBIT EXHIBIT "D" ~ EXHIBIT