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OR 91-500-A-107 Zoning - C, for operation of a Drive-Through Restaurant AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500A107 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' (COMMERCIAL) TO "C S.U.P." (COMMERCIAL - SPECIAL USE PERMIT) TO ALLOW THE OPERATION OF A DRIVE-THROUGH RESTAURANT, WITH SPECIAL CONDITIONS FOR PROPERTY LOCATED ON THE WEST SIDE OF DENTON TAP ROAD, APPROXIMATELY 574 FEET NORTH OF SANDY LAKE ROAD, COPPELL, DALLAS COUNTY, TEXAS, SAID PROPERTY BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, EXTERIOR ELEVATIONS PLAN, MONUMENT SIGN ELEVATION, IRRIGATION PLAN, AND THE LANDSCAPE PLAN ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E" AND "F" 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-1093 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 "C" (Commercial) to "C S.U.P." (Commercial - Special Use Permit) to allow the operation of a drive-through restaurant with special conditions for the property located on the west AGG06C61 side of Denton Tap Road, approximately 574 feet north of Sandy Lake 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 a drive-through restaurant, is hereby granted subject to the following special conditions: 1. The property shall be developed and used only in accordance with the Site Plan, Exterior Elevations Plan, Monument Sign Elevation, Irrigation Plan and Landscape Plan, attached hereto as Exhibits "B", "C", "D", "E" and "F", respectively. 2. The brick facing shall closely match the color of the Woodside Village shopping center. 3. The concrete roof tiles shall be a neutral shade, preferably a gray within a color range from a highly-muted slate hue, possibly with a greenish cast, to a highly muted earth tone with a brownish tinge. 4. The awning material shall be a solid neutral color within a color range from off-white to gray. 5. The exterior painted surfaces shall be of a solid neutral color within a color range from off-white to gray. 6. The raised rims of the tower caps and entry portals shall be of the same brick as the building face. 7. The monument sign shall not exceed 60 square feet, with a maximum height of eight feet, including the brick base and a setback of 72.5 feet, and shall be constructed in accordance with the Monument Sign Elevation Plan attached AGG~I hereto as Exhibit "D". 8. The hours of operation for the restaurant shall not be later than 12 midnight, Monday through Sunday. SECTION 3. That the Site Plan, Exterior Elevations Plan, Monument Sign Elevation Plan, Irrigation Plan, and the Landscape Plan as shown in Exhibits "B", "C", "D", "E" and "F", 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. 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. AGG06C61 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 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 9. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ?D ~ dayof ~~/~ ,1995. APPROVED: ATTEST: L'INDA GRAU, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/ct 10-04-95) AGG~I EX]ilBIT 'A' METES AND BOUNDS DESCRIPTION ~E$C~ZI:zT~ON OF ~.166~ ~ OR 50,800 S~ ~ OF ~ O~ OF A 1204 O~ ~ D~ ~~, ~~ ~ ~ ~~ ~in~ al~o ~inq in ~e w~ l~e o~ ~~ Tap ~d (100 vi~) ~ Page 270g, 350.00 ~ ~o a ~e ~ ~n p~ 212.70 ~t ~ a L/2 ~ ~n ~ ~0 ~o~ ~ 89 d~ 43 a one ~ ~ p~ ~ e~ ~e ~o~c ~~ 6~ ~e ~n a one ~n~ Sr~ p~ .~ in ~. ~ l~n. o~ ~n Tip R~d (110 ~~ ~, 145.00 ~oeC al~q ~e wit l~n. o~ ~n~n Tap R~d EXHIBIT "B" J -- hi! House Reh Burwell Archilects EXTERIOR ELEVATIONS ~.-~,.-~,- ""~'~' ~'"' SEP-27-1995 15:58 HZ! HOUSTON +1 713 688 5460 TOTAL P.02 EXHIBIT "E"' .... · Ii, ,,,~ ~ ill{ { · - '{'~ I ..... ~ t I1 , ~,;-- - d !! }il , .... l" '~ I~ ili l{ t ,., ,,,~.,., I ) i, i , ~ ; III · [,ti ! )'" l~tl {1 tl!!li }['I ,0 ,!it .r II ~ll Ii'l! I ' {llt ~ II '{ { - -I ,~ DENTON TAP ROAD . ti TACO BE~ ~0~1060 6~ Hil~ Sub 616 EXHIBIT "F" lli l:!u~, ti ,I ,, · Ih. OENTON TAP ROAD ,, ~ ~,lllttltllllllllllll Planting Plan ~ ' ~ I TACO BELL #03--1060 63OO HilJcroft. Sui,¢ 61~ ] ootrc~ t,o ~o~,o He.sion. Texas 77081