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OR 91500-A-686 Chicken Express AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-686 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-232-C (PLANNED DEVELOPMENT-232-COMMERCIAL) TO PD-232R-C (PLANNED DEVELOPMENT-232 REVISED-COMMERCIAL), TO AMEND THE DETAIL SITE PLAN FOR THE EXISTING 3,348-SQUARE-FOOT RESTAURANT TO CHANGE THE ROOF COLOR ON 1.1 ACRES OF PROPERTY LOCATED AT 136 E. BELT LINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO AND INCORPORATED HEREIN; 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. PD-232-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 and the same is hereby amended by granting a change in zoning from PD-232-C (Planned Development-232-Commercial) to PD-232R-C (Planned Development-232 Revised-Commercial), to amend the Detail Site Plan for the existing 3,348-square-foot restaurant to change the roof color on 1.1 acres of property located at 136 E. Belt Line Road for the property described in Exhibit “A” attached hereto and made a part hereof for all purposes. Coppell ZORD from PD 232-C to PD 232R-C for Chicken Express Pg 1 TM 74877 SECTION 2. That the Property will be used and developed for Commercial purposes as provided in the Code of Ordinance and the Revised Site Plan which allows a change in roof color for the existing 3,348-square-foot restaurant with drive-in service, is hereby approved subject to the following development regulations: A.That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-489, which is incorporated herein as set forth in full and hereby republished. B.The roof may be repainted from “Desert Tan” to “Colonial Red”. C.The paint shall have a high performance coating, D.If the new paint of the roof is not properly maintained, then the roof will be repainted to the original color, “Desert Tan”. SECTION 3. 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 4. 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 5 . 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 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 Coppell ZORD from PD 232-C to PD 232R-C for Chicken Express Pg 2 TM 74877 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. 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 12_11-• day of I-a m ,2016. APP r OV 6: / 11� hid RENS LBO HUN A ' T: ' STEL PE OS,CITY fCRETARY APP1.2 AZ// ROBERT E. HAGER ITY ATTORNEY Coppell ZORD from PD 232-C to PD 232R-C for Chicken Express Pg 3 TM 74877 Legal Description STATE OF TEXAS COUNTY OF DALLAS WHEREAS, RNS PROPERTIES, is the owner of a tract of land situated in the McKinney and Williams Survey, Abstract No. 1054, City of Coppell, Dallas County, Texas and being all of that certain tract of land conveyed to RNS Properties by Warranty Deed recorded in Instrument No. 20070260553, Official Public Records, Dallas County, Texas and being more particularly described as follows: BEGINNING at 1/2 inch iron rod found for corner in the East ROW line of Denton Top Road (a 120' ROW), said iron rod being at the most Northerly Southwest corner of sold RNS Properties tract and the Northwest corner of Proposed Mobil Site, recorded in Volume 84110, Page 2833, Mop Records, Dallas County, Texas; THENCE: North 00 degrees 52 minutes 00 seconds East, along the East ROW line of Denton Tap Road and a West line of sold RNS Properties tract, a distance of 30.00 feet to a 1/2 inch iron rod found for corner at the Northwest corner of said RNS Properties tract and the Southwest corner of Lot 1, Block A. The Mercantile, recorded in Volume 2005014, Page 10, Map Records, Dallas County, Texas; THENCE: South 89 degrees 08 minutes 00 seconds East, along the North line of said RNS Properties tract and the South line of said Lot 1, Block A, a distance of 328.00 feet to a 1/2 inch iron rod found for corner in the West line of Lot 1, Block 1, Riverside Church of Christ, recorded in Volume 94059, Page 4160, Mop Records, Dallas County, Texas, said iron rod also being at the Northeast corner of said RNS Properties tract and the Southeast corner of said Lot 1, Block A; THENCE: South 00 degrees 52 minutes 00 seconds West, along the Eost line of said RNS Properties tract and the West line of said Lot 1, Block A, a distance of 280.56 feet to a 1/2 inch iron rod found for corner in the North ROW line of Belt Line Road (a 120' ROW), said iron rod also being at the Southeast corner of said RNS Properties tract and the Southwest corner of said Lot 1, Block A; THENCE: North 88 degrees 50 minutes 55 seconds West, along the North ROW line of Belt Line Road and the South line of said RNS Properties tract, a distance of 153.00 feet to a 1/2 Inch iron rod found for corner at the most Southerly Southwest corner of said RNS Properties tract; THENCE: North 00 degrees 52 minutes 00 seconds East, along the West line of said RNS Properties tract, at 34.40 feet passing the Southeast corner of said Proposed Mobil Site, and continuing along o West line of said RNS Properties tract and the East line of said Proposed Mobil Site, a total distance of 249.80 feet to a 1/2 inch iron rod found for corner at the Northeast corner of said Proposed Mobil Site; THENCE: North 89 degrees 08 minutes 00 seconds West, olong the common line of said RNS Properties tract and said Proposed Mobil Site, a distance of 175.00 feet to the PLACE OF BEGINNING and containing 1.105 acres of land. EXHIBIT"A"