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OR 297-A-79 Kentucky Fried Chicken AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 297A79 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WltEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notiees by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that said change of zoning, which is on application of Kentueky Fried Chic, ken, No. S-1042, should be granted and the Comprehensive Zoning Ordinance of the City of Coppell should be amended in the exercise of its legislative discretion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Coppell, to give the hereinafter described property a new zoning district elassifieation, to-wit: "C-SUP" Commercial District Classification with a Special Use Permit for a restaurant. Said Special Use Permit shall be eonditioned upon the following special conditions: 1. Approved with variance for additional curb rut for a driveway. 2. Restaurant to conform to arehiteetural rendering attached as Exhibit "1". Provided however, signage as shown on the rendering is not approved as a part of this ordinance. Said property being described as follows: BEING a tract of land known as 135 South Denton Tap Road and being located on the west side of Denton Tap Road, south of the intersection of Denton Tap Road and Sandy Lake Road, City of Coppell, Dallas County, Texas. Said property also shown on the site plan attached as Exhibit "2" and described in the field notes attached hereto as Exhibit ~3". SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinanee be, and the same are hereby, repealed and all other ordinances of the City not in confliet with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affeet the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. 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, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of ~ , 1990. APPROVED: -' SECRETARY//'j'd,.q A~/~,//~OVED AS TO FORM: /- CiT¥"A~ORIiEY CZ90-0805 ~ I ~ t ~ .............................. I i ~~_S I ~ ill '::., Ii i.~i l; ~ ~1 - ' ,:,:,, ,~; ~: i':,: :,,:a,,,, ii~:l:~,i . : · ~ .l. ll i~;! .,,- ,.l . ~1 - ~.~i. - t ~'~ ~ Itill~i~ ~Hm~ '' ': [I ' i ! ~Ii ,...,,,,~, ~~ EDWARD A. CRO~ SURT~Y~ '~: ,~. ~ ~ ~ ~ s~ IKENTUC~ FRIED CHICKEN ASSOCIA~S ~'*~'~ ~'~ I FIELD NOTE DESCRI~ BEING a 0.7001 acre tract of land situated in the Edward A. Crow Survey, Abstract Number 301 in the City of Coppell, Dallas Coun- ty, Texas and being a portion of a 12.69 acre tract of land described in a deed to H. T. Ardinger, Jr.' as recorded in Volume 80024, P~ge 0676 of the Deed Records of Dallas County, Texas, and being a portion of a 0.352 acre tract of land described in a deed to H. T. Ardinger, Jr. as recorded in Volume 87133, Page~ 1530, Deed Records of Dallas County, Texas, and said 0.7001 acre tract being more particularly described as follows: COMMENCING at a 2-inch iron rod found for the Northeast corner of Lot 1, Block "A", M. P. McDonald's Addition, an addition to the City of Coppell as recorded by plat in Volume 87233 at Page 2925, Deed Records of Dallas County, Texas, said 2-inch iron rod also being in the newly established West right-of-way line of Denton Tap Road (a newly established 120-foot right-of-way) as recorded in Volume 87133 at Page 1529, Deed Records, Dallas County, Texas, said 2-inch iron rod also being South 02 deg. 09 min. '05 sec. East a distance of 176.82 feet from the Southeast corner of a corner clip at the intersection of the said West right-of-way of said Denton Tap Road with the South right-of-way line of Sandy Lake Road; THENCE South 02 deg. 09 min. 05 sec. East along said West right-i of-way o~ Denton Tap Road passing at 195.00 feet at the Southeast corner of said Lot 1 for a total distance of 292.15 feet to a 1/2-inch iron rod set for the POINT OF BEGINNING; THENCE along said West right-of-way of Denton Tap Road as fol- lows: Sputh 02 deg. 09 min. 05 sec. East a distance of 148.38 feet to a 1/2-inch iron rod set for corner; South 02 deg. 06 min. 19 sec. East a distance of 27.79 feet to a 1/2-inch iron rod set for corner; THENCE South 87 deg. 50 min. 55 sec. East departing said rigth-of-way a distance of 178.98 feet to a 1/2-inch iron rod set for corner; THENCE. North 02 deg. 09 min. 05 sec. West with the center of an asphalt drive a distance of 37.13 feet to a 1/2-inch iron rod set for corner; THENCE North 32 deg. 08 min. 43 sec. West a distance of 61.03~ feet to a 1/2-inch iron rod set for corner; THENCE Nort~ 42 deg. 50 min. 55 sec. East a distance~ of 121.28 feet to a 1/2-inch iron rod set for corner; THENCE North 87 deg. 50 min. 55 sec. East a distance of 63.33 feet to a 1/2-inch iron rod set for corner; , THENCE: South 02 deg. 09 min. 05 sec. East a distance of feet to a 1/2-inch iron'rod set for corner; - . THENCE. ' ~orth" 387 9eg.'~, feet'to a,1/2-inch iron ,CONTAINING