Loading...
OR 91-500-A-090 Zoning - C for restaurant Sandy Lake Rd at Kimbel Court AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A90 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 "C S.U.P." (COMMERCIAL - SPECIAL USE PERMIT) TO "C S.U.P." (COMMERCIAL - SPECIAL USE PERMIT) WITH SPECIAL CONDITIONS FOR A RESTAURANT ON PROPERTY LOCATED ON THE NORTH SIDE OF SANDY LAKE ROAD, BETWEEN KIMBEL COURT AND MACARTHUR BOULEVARD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS LOT 12, KIMBEL ADDITION, AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, RECORDED IN VOLUME 77213, PAGE 999 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "A" AND THE ARCHITECT'S RENDERING ArITACHED HERETO AS EXHIBIT "B"; PROVIDING A REPEALING CLAUSE; PROVIDING A SAVINGS 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; 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-1085 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 AGG06ADE "C S.U.P." (Commercial - Special Use Permit) to "C-S.U.P." (Commercial - Special Use Permit) with Special Conditions, for a restaurant on property located on the North side of Sandy Lake Road, between Kimbel Court and MacArthur Boulevard, Coppell, Dallas County, Texas, and being more particularly described as Lot 12, Kimbel Addition, an addition to the City of Coppell, Dallas County, Texas, recorded in Volume 77213, Page 999 of the Deed Records of Dallas County, Texas. SECTION 2. That the change in zoning for a Special Use Permit for the operation of a restaurant is hereby granted subject to the following conditions: 1. The property shall be developed and used only by Gloria Salerno doing business as Gloria's Pizza in accordance with the Site Plan attached hereto as Exhibit "A" and the Architect's Rendering, attached hereto as Exhibit "B"; and shall not be operated by any other person, partnership, corporation or other entity. 2. That the Specific Use Permit granted herein is specific to the applicant, Gloria Salerno doing business as Gloria's Pizza in the location stated herein and shall not be transferred to any other person or entity or any other location without the approval of the City of Coppell. SECTION 3. That the Site Plan as shown in Exhibit "A" and the Architect's Rendering as shown in Exhibit "B", 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 AGG06ADE 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. 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 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. AGG06ADE DULY PASSED by the City Council of the City of Coppell, Texas, this the ~ ~ day of ~ , 1995. APPROVED: ~~M MORTON~ ATTEST: APPROVED AS TO FORM: c. s~rrI-i, c zv ^~rrORSE¥ (PGS/jd 4-17-95) AGG(~ADE