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OR 91500-A-719 Biryani ExpressAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-719 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 C (COMMERCIAL) TO S -1263-C (SPECIAL USE PERMIT -1263 -COMMERCIAL) TO ALLOW A GROCERY STORE, RESTAURANT AND RETAIL SALES IN 3,466 SQUARE FOOT LEASE SPACE LOCATED IN SUITE 505 OF 751 S. MACARTHUR BLVD, ON 1.07 ACRES OF LAND AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN AND ELEVATIONS AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS `B", "C", "D" AND "E" RESPECTIVELY; PROVIDING 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 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 -1263-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 to grant a change in zoning from C (Commercial) to S -1263-C (Special Use Permit -1263 -Commercial) to allow a combined grocery store, restaurant retail sales and office in 3,466 square foot lease space to be located in Suite 505 of 751 S. MacArthur Blvd, TM 95417 on 1.07 acres of land, and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to the development regulations. SECTION 2. That S -1263-C is hereby approved subject to the following special conditions: A. The uses permitted within this lease space shall include a combined restaurant, grocery store, retail and office. B. The hours of operation shall be from 11 a.m. to 10 p.m., seven days a week. C. The installation of a fire sprinkler system will be required if the square footage of the restaurant exceeds 2,100 square feet. D. Attached signage shall comply with Chapter 12, Article 29, of the Coppell Code of Ordinances, as amended. SECTION 3. That the Site Plan, Floor Plan and Elevation and Sign Plan, shall be special conditions and are attached hereto as Exhibits "B", "C", "D" and "E", respectively, are made a part hereof for all purposes, and 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 2 TM 95417 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. 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 13� day of 2018. ...11�.�. i//jam ATTEST: 04t�'Z� 6HRISTEL PETTIN S, CITY SEC TARY 3 TM 95417 LEGAL DESCRIPTION Being Lot 5, Block 1 of the Coppell Crossing Addition, Dallas County, Texas Property known as 751 S. 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