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OR 91500-A-603AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500 -A -603 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 PD -250- H (PLANNED DEVELOPMENT - 250- HISTORIC) TO PD- 250R7 -H (PLANNED DEVELOPMENT -250 REVISION 7- HISTORIC), TO ESTABLISH A DETAIL SITE PLAN FOR A 3,574- SQUARE -FOOT RESTAURANT BUILDING ON 0.52 ACRES OF PROPERTY LOCATED ON THE SOUTH SIDE OF WEST BETHEL ROAD BETWEEN BURNET STREET AND MAIN STREET, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, ELEVATIONS AND ENCLOSURE DETAILS, ATTACHED HERETO AS EXHIBITS `B ", "C ", "D" AND "E "; PROVIDING FOR DEVELOPMENT REGULATIONS; 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 frill 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. PD- 250R7- H 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 by granting a change in zoning from PD -250 -H (Planned Development- 250- Historic) to PD- 250R7 -H (Planned 1 TM 57844 Development -250 Revision 7- Historic), to establish a Detail Site Plan for a 3,574 - square- foot restaurant building on 0.52 acres of property located on the south side of West Bethel Road between Burnet Street and Main Street on property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That PD- 250R7 -H (Planned Development- 250- Revision -7- Historic) is hereby approved subject to the following development regulations: a. Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance with H, Historic District, as codified in Chapter 12, Article 28A of the Coppell Code of Ordinances. b. Except as amended herein and as provided in this Ordinance, the property shall be developed and used as provided herein in accordance as set forth in PD- 250 -H, Ordinance No. 91500 -A -564, which is incorporated herein as set forth in full and hereby republished and the exhibits attached hereto. c. The hours of operation shall not exceed 6 a.m. to 12 a.m. every day. d. Compliance with other applicable ordinances or state law for the use described herein. e. The Director of Planning shall have the authority to administratively approve the proposed signage for this restaurant in accordance with Planned Development regulations for PD -250 -H and the Historic District. SECTION 3. That the Site Plan, Landscape Plan, Elevations and Enclosure Details, attached hereto as Exhibits "B ", "C ", "D" and "E" made a part hereof for all purposes, are hereby approved. 2 TM 57844 SECTION 4. That the 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 3 TM 57844 ($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 17j `'day of , 2012. TO E. HAGER, CI,7X ATTORNEY (REH/mpm) ATTEST: (HRISTEL PETTINOS, CITY SEC ARY 4 TM 57844 LEGAL DESCRIPTION EXHIBIT "A" 0.515 ACRES STATE OF TEXAS BOUNDARY EXHIBIT COUNTY OF DALLAS Being a (22,445 square feet) 0.515 acre tract of land, situated in the James A. Simmons Survey, Abstract No. 1296 in the City of Coppell, Dallas County, Texas, being all of Lot 1 R, Block B, Old Town Addition, Replat, an addition to the City of Coppell, according to the plat thereof recorded in Document No. 201200173120, Official Public Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 112 inch iron rod set at the southeast corner of said Lot 1 R, Block B, said point being at the intersection of the west line of Burnet Street (a 80.0 foot width right -of -way) and the north line of Crockett Street (a 44.0 foot width right -of -way) as dedicated by Old Town Addition, an addition to the City of Coppell, according to the plat thereof recorded in Document No. 201100074924, Official Public Records, Dallas County, Texas; THENCE South 88 degrees 12 minutes 07 seconds West, along the north line of said Crockett Street, a distance of 142.68 feet to a 112 inch iron set for corner, said point being at the intersection of the north line of said Crockett Street and the east line of Main Street, (a variable width right -of -way) as dedicated by Old Town Addition, an addition to the City of Coppell, according to the plat thereof recorded in Document No, 201100074924, Official Public Records, Dallas County, Texas, said point being the southwest comer of said 0.515 acre tract of land being described, same point also being the southwest comer of said Lot 1 R, Block B; THENCE North 01 degrees 47 minutes 53 seconds West, along the east line of said Main Street, a distance of 127.08 feet to a 112 inch iron rod set for corner, said point being the most westerly northwest corner of said 0.515 acre tract of land being described, same point being the most westerly northwest corner of said Lot 1 R, Block B, said point also being the southwest comer of Lot 1 RX, Block B, Old Town Addition, Replat, an addition to the City of Coppell, according to the plat thereof recorded in Document No. 201200173120, Official Public Records, Dallas County, Texas; THENCE North 89 degrees 03 minutes 00 seconds East, departing the east line of said Main Street, and along the common line of said Lot 1 R, Block B and said Lot 1 RX, Block B, a distance of 25.50 feet to 112 inch iron rod set for corner, said point being the southeast corner of said Lot 1 RX, Block B; THENCE North 01 degrees 47 minutes 53 seconds West, continuing along the common line of said Lot 1 R, Block B and said Lot 1 RX, Block B, a distance of 38.06 feet to 112 inch iron rod set for corner, said point being in the south line of Bethel Road (a variable width right -of -way), same point being the northeast corner of said Lot 1 RX, Block B, said point being the most northerly northwest comer of said 0.515 acre tract of land being described, said point also being the most northerly northwest comer Of said Lot 1 R, Block B; THENCE North 89 degrees 03 minutes 00 seconds East, along the south line of said Bethel Road, a distance of 117.24 feet to 112 inch iron rod set for corner, said point being the northeast corner of said 0.515 acre tract of land being described, same point being the northeast comer of said Lot 1 R, Block B, said point also being at the intersection of the west line of said Burnet Street and the south line of said Bethel Road; THENCE South 01 degrees 46 minutes 57 seconds East, along the west line of said Burnet Street, a distance of 163.03 feet to the POINT of BEGINNING and containing 22,445 square feet or 0.515 acres of computed land. William P. ice Registered Professional Land Surveyor No. 3047 �E O P TF NOTES: 1. IRF - IRON ROD FOUND 2. IRS - IRON ROD SET 3. Basis of Bearing - Subject Plat 4. C.M. = CONTROLLING MONUMENT JP. 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