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OR 91500-A-545 Pizza HutAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -545 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- 1197- PD- 133R2 -HC (SPECIAL USE PERMIT 1197 - PLANNED DEVELOPMENT -133 REVISION 2- HIGHWAY COMMERCIAL) TO S- 1197R- PD- 133R2 -HC (SPECIAL USE PERMIT -1197 REVISED- PLANNED DEVELOPMENT -133 REVISION 2- HIGHWAY COMMERCIAL), TO ALLOW A 964- SQUARE- FOOT RESTAURANT (TAKE -OUT AND DELIVERY ONLY) TO BE LOCATED AT 651 N. DENTON TAP ROAD, SUITE #130, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE FLOOR PLAN, SITE PLAN WITH PARKING ANALYSIS AND SIGN PLAN, ATTACHED HERETO AS EXHIBIT `B "; 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- 1197 -PD- 133R2-HC 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 S- 1197- PD- 133R2 -HC (Special Use Permit 1197 - Planned Development -133 Revision 2- Highway Commercial) to S- 1197R -PD- 133R2 -HC (Special Use Permit -1197 Revised - Planned Development -133 Revision 2- Highway Commercial), to allow a 964 - square -foot restaurant (take -out and delivery only) to be located at Page 1 TM 42572.2.3162010 651 N. Denton Tap Road, Suite #130, 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 S- 1197- PD- 133R2 -HC is hereby approved subject to the following special conditions: A) The development of this restaurant shall be in accordance with the Floor Plan, Site Plan and Sign Plan. B) The restaurant shall be 964- square -feet and shall only provide take -out and delivery service without sit down service. C) The hours of operation shall be between the hours of 11:00 a. m. to 10 p.m., Sunday through Thursday and 11 a.m. to 11 p.m. Friday through Saturday. SECTION 3. That Floor Plan, Site Plan with Parking Analysis and Sign Plan, attached hereto as Exhibit `B ", and made a part hereof for all purposes, 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 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 Page 2 TM 42572.2.3162010 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. 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 !3' day of zoio. APPROVED: - qurk'x- / JA E PETERS, MAYOR ATTEST: EC APPROVIxI�S TO FORM: ROBr-RT E. HAC , CITY ATTORNEY (REH /cdb/R &R o Page 3 TM 42572.2.3162010 LEGAL DESCRIPTION 651 N. DENTON TAP ROAD, SUITE #130 Coppell, Texas 75019 Lot 1, Block A, of the Magnolia Village Addition, being an Addition in the City of Coppell, Dallas County, Texas EXHIBIT "A" HOURS OF OPERATION: 1 1AM - 10PM SUNDAY - THURSDAY 65'-8 1 IAM - 11 PM FRIDAY & SATURDAY IF COOLER/FREEZER KITCHEN AREA--- WAITING AREA 0 SEATS Pm DRIVERS/MANAGERS RESTROOM WORK AREA FLOOR PLAN N.T.S. EXISTING) TO REMAJI m x :c cu --i WHITE 18' LETTER O� a SIGN ELEVATION PLAN N.T.S MAGNC 651 N. I PROPOSED 964 SO. FT. PIZZA HUT 1111 I ZONED PD-1334C R2 9 Ij TOTAL - 15.502 SOFT. TOTALREOLIREDSPACES-W TOT& PROVIDED SPACES - IM IOTAL REOLARED WAWA ACCESSIBLE SPACES - 4 TOTAL PROVIDED ACCESSWE SPACES - 5 -� o Of 0 SPACE TENANT NWE BOUARE FEET REQUIRED PARKING SPACES 0 COPPELL MNd EMERGENCYCEN7ER 2 90.FT. 1/175 -IS SPACES EE STATE FARM wsuRANcE lfJDD—SPACES F31 YOUNGS SIGN CARE SO.". MIS -8 SPACES E] PIZZA 1 9S, so."T. 1/100 -10 SPACES Efl VACANT 1511 SOFT. NA VOLKEN EYE ASSOCIATES PA 1.103 SO'". VIM7 10 SPACES DENTAi. MANAGEMENT STRATEGIES 3,30D SQ.FT. 1/175 -1B SPACES El DR. DAVID W1N3 DURA 1,2M SOFT. 11175 - 7 SPACES H] 5 STAR FITNESS 1316SO.FT. 1/175 - $SPACES LJ I �z H LJ (L Q� 0 ou Z z PRO J EC T T �-- — �,- I Denton Tap Road I&N DATE: 01 /10/10 ( B _ ' REV 1M. mo C H ECKED Y: LM NR I ZONING MAP N.TS- SITE PLAN & PARKING ANALYSIS N.T.S. I I lip 2 3 6 7 8 9 U) 0 55 wa y 0< Z >Ox F- < z 0 0 LJ I �z H LJ (L Q� 0 ou Z z PRO J EC T T �-- — �,- I Denton Tap Road I&N DATE: 01 /10/10 ( B _ ' REV 1M. mo C H ECKED Y: LM NR I ZONING MAP N.TS- SITE PLAN & PARKING ANALYSIS N.T.S.