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OR 91500-A-522 S-1241R-C AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-522 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 S-1241-C (SPECIAL USE PERMIT-1241-COMMERCIAL) TO S-1241R-C (SPECIAL USE PERMIT- 1241 REVISED-COMMERCIAL), TO ALLOW A 560-SQUARE-FOOT SHADE STRUCTURE OVER THE EXISTING OUTDOOR PATIO AREA SERVING THE EXISTING 3,580-SQUARE-FOOT RESTAURANT LOCATED AT 215 S. DENTON TAP ROAD, SUITE 100, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND ELEVATIONS ATTACHED HERETO AS EXHIBITS “B”, AND “C”, RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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-1241R-C 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 f and the same is hereby amended to grant a change in zoning rom S-1241-C (Special Use Permit- 1241-Commercial) to S-1241R-C (Special Use Permit-1241 Revised-Commercial), to allow a 560-square-foot shade structure over the existing 960 square foot outdoor patio area serving the 1 TM 36691.2.000 existing 3,580-square-foot restaurant located at 215 S. Denton Tap Road, Suite 100, and being more particularly described in Exhibit “A” attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That Special Use Permit S-1241-C be revised to allow a 560-square-foot shade structure over the existing outdoor patio area is hereby approved subject to the following special conditions: A.Except as amended herein, the property shall be developed and used in accordance with Special Use Permit Ordinance # 91500-A-478 which is incorporated herein as set forth in full and hereby republished. B.The shade structure shall be a dark green awning material which shall match the existing awnings on the building C. Enclosure of the shade structure shall not be allowed and shall remain open on four sides. D. The depth of the valance on the shade structure will be the same as the valance on the existing awnings. E. The four corner posts will be clad with brick to meet the 80% masonry requirement and will match the existing brick screening wall along the west side of the patio area. SECTION 3. That the Site Plan and Elevations, attached hereto as Exhibits “B”, and “C”, respectively, and made a part hereof for all purposes, are hereby approved. 2 TM 36691.2.000 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6 . That all provisions of the 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 7 . 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 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 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. 3 TM 36691.2.000 SECTION 10. 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 2009. APPROVED: ~,~~i'~ JA P ERS, MAYOR ATTEST: LIBBY B ,CITY SECRETARY TO ROBERT E. HAGE~;~TY ATTORNEY (REH/cdb [reviewed ~y] 5/1/09) 4 TM 36691.2.000 f Legal Description Being Lot 2, Block B of the Wynnpage Plaza Addition, being a subdivision in the City of Coppell, known as: 215 South Denton Tap Road Suite 100 Coppell, Texas 75019 Exhibit "A" m x 517E PLAN KE7 NOTES !REFERS TO SITE PLAN ONLY) NEW pal} BRICK GLAD COLII'Ny. pRIfJC ~ COLUPPI GAP yNALL HATCH EXIST'G BRICK FENCE ~ PATIO O 4' DIA, STEEL SUPPORT POST. PAINTED BLACK. EXIST'G PLANTING TO REnA1N. Q EXIST'G PATIO ENTRANCE a E%IST'G yNIB1BBER>' TO REnAM. a EXIST'G l' HWN BRICK FENCE TO REnAIN O EXIST'G a' NIGH IRON FENCE TO RET'IAIH. Q EXIST'G TREE TO REnAll1 a EXIST'G GONG. PATIO TO REHAM. ID EkIyT'G OPENING TO REI'IAIN. II LINE OF CANVAS COVER ABOVE. ';-I ~'' a o ~ a _ - _ 10 ~- ~ - -- 0 0,, ^ - -~- - Ii I TTP. X a i 5 ~:.., ail ~ ~ ',y! ~_ 7 7'F M - ~ ~oI j m M 0 «~ ^ I' 9 a ... o , '~, , , m _ I ~ ~ n - --_ i c ~ _ I I i 0 v ~ ~} e^ t ~~ \-_~_-~ I I ' ~~ ~ ~ I I i I'-Y' IS'-9P ~ 13'-0~' ~. 12 i 9 11 I II [raj T' IuF _ _ _. _ - LYl-- _ _ I _ ~~_ _ 0- EXISTING FAT D,ADDY'S BURCsER NOU~E '~ I RESTURANT I I ®N SITE PLAN 4 FAT DADDY'S BURGER HOUSE ~ ° 715 5. DENTON TAP RD. ='r SUITE 100 COPPELL, TX '75019 ,. DATE: PROJECT NO'. a -a }new _ Y18 SHEET NO .~ m X _Z _~ • / 26'-~ DARK GREEN SUNDIELL4 ~CANVA9 TO I'tATCw EX19TG 4YNING9 CN BUILDING. (TYP) VAIdNCE OEPTw TO HATCw ' TNA7 OF EXI9T'G BUILDING 7 4UNING9. (TTP./ EX19i G FAL DADDY'S BURGER ~wOUSE RE9TAVRdNT DE TOND .. .. ». ~...a...: ...n ...:... .. .:.......... a :..:..... _... .. .. I _ ', '. ~ O y I I I l 1-> `EX19T'G CONCRETE PATIO O SOUTH ELEVATION nl KEY NOTE$ O NEW Itxl1 PRICK CLAD COLUI'N9. PRICK ~ COLUMN CAP 9wALL MATCw EXI9T'G BRICK FENGE ~ PdTlO O d' DIA. STEEL SUPPORT P09T. PANTED BRdCK. a EX19T'G PLdNTING TO REI'IAIN. EX19T'G PATIO ENTRANCE O E%19T'G 9wRlDDERY TO REI'141N. O EX19T'G T' HIGH BRICK FENCE TO REFIAIN. a EXIST'G d' wlGw IRON FENCE t0 REI'tAIN. O E%tSTG TREE i0 REHAIN. I _.__.___. . _...._ _... _.. _. ~~. e I _... O 4 i ~ ~~i 5 1 '.I ~ i , ~ > ~ ~ TYP. i i ~ `.il,.' -"lt"` L. a 0 3 I ~ > ~ > ~ _l e!_ ,,~~CC o . 0 , I ~ > ~~ a ----- -- -- ~ ~_ I, EXISTING - I 7 I - ---- - m r ~ ~ ~ ~ > i ~. ~ FAT DADDY'S ~ ~ BU R 1-IOIJSE r ~ i SS ~ m _ I i i L T R NT l I ... ~1~ _ Y ~ I I I 11. ~ ~ ~ T il I l - ~ .1 I ~ I .! IT / i 1 ~ II II I I~ ~ I~! ~ I ~ ~-~_ / ~ ~ ~ ~ PROJECT NAME: . l _ l_ . _ _ . 1 „ 1 T I ~, ~ >"~> I ~-- - ~ 1-~ ' FAT DADDY'S . . - . ..-... , . I BURCsER HOUSE ~, zf) ~ ~ I I ~.:: ~ ~1 ~~ ~ - -L r- lld~ll_ IIS 5. DENTON TAP RD. ~ O EAST ELEVATION A I 4' ' B ' - ~ ' , =- , ~ 1 ' i ' ]0 ~ 1~~1 I ~I~ C OPPE~.TX 15019 / . I C .LE: 0 ~ .-+1 ~> ~- `" $ - j ~ _L. DATE. PROJECT NO: ,. B^ ELEVATI ONS /ROOF PLAN a a enema _ _ _ ®N %r SLEET No