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OR 91-500-A-311 Grandy's RestaurantAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-311 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 "C-S.U.P.-1193" (COMMERCIAL-SPECIAL USE PERMIT - 1193) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO BE LOCATED ON APPROXIMATELY 1.39 ACRES LOCATED AT THE NORTHWEST CORNER OF DENTON TAP ROAD AND FITNESS COURT (NORTH TEXAS COURT), AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, ELEVATIONS, AND LANDSCAPE PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E", RESPECTIVELY; 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-1193 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 "C-SUP." (Commercial - Special Use Permit-il93) to grant a special use permit for the operation of a restaurant to be located on approximately 1.39 acres located at the Northwest corner of Denton Tap Road and Fitness Court (North Texas Court), 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 the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) The hours of operation shall be from 5:00 a.m. to 12:00 midnight, Sunday through Saturday. (B) The site shall be developed in accordance with the approved site plan, floor plans, elevations, and landscape plan which are attached hereto as conditions to the use granted herein. SECTION 3. That the Site Plan, Floor Plan, Elevations, and Landscape Plan, attached hereto as Exhibits "B", "C", "D", and "E", respectively, 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 decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 SECTION 8. An offense committed before the effective date of this ordinance is govemed 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 8th day of January, 2002. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, CITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ATTORNEY STATE OF' TEXAS COUNTY OF DALLAS WHEREAS, KAKI ENTERPRISE. INC. is the owner of a tract or parcel of land situated in the George W. Jack Sur~vey. Abstract No. 694, City of Coppel~, Dallas County, Texas and bein9 part of that tract of land conveyed to W~lliom Boorhem. Trustee. by deed recorded in Volume 85111, Page 1197. Deed Records of 0alias County. Texas and being more particulady described as follows: BEGINNING at an *X' found cut in concrete, marking the northeast comer of F~tness Court (right-of--way varies) as shown on the plat. of Denton Tap Development, an addition to the City of Coppell according to the Plat thereof recorded in Vol. 98118, Pg. 57 of the 0ced Records of Dallas County, Texas, said point also beincj in the west line of 0enton Top Road (100 foot ricjht-of-way); THENCE South 88 degrees 58 minutes 50 seconds West. with [he north llne of said F~tness Court, a distance of 78.17 feet to a 5/8 inch iron rod found with cap marked 'KSC4019' at the beginning of a curve to the left having a radius of 527..50 feet; THENCE in a southwesterly direct/on with the north line of said I~tness Court, and with said curve to the left having a rcdius of 327.50 feet, through a central angle of 15 degrees 04 minutes 17 seconds, for an arc length of 86.15 feet and whose chord bears South 81 degrees 06 minutes 22 seconds West. 8§.90 feet to a §/8 inch iron rod found with cap marked 'KSC4019' at the point of reverse curve for a curve to the dght hav~ng o radius of 272.50 feet; THENCE ~n a southwesterly direction with said curve to the right having a radius of 272.50 feet, through a central angle of 15 degrees 04 minutes 17 seconds, for an arc length of 71.68 feet and whose chord bears South 81 degrees 06 minutes 22 seconds West. 71.48 feet to a ,5/8 inch iron rod found with cap marked 'KSCe,019' at the end of said curve; THENCE South 88 degrees 38 minutes 50 seconds West. with the north I~ne of said ~tness Court. a distance of 1.5.87 feet to a §/S inch iron rod found with ca~ marked 'KSC4019' for comer;, THENCE North 01 degrees 15 minutes 57 seconds West. departing the said north llne of F~tness Court, over and across said 8oorhem tract. 256.0~. feet to a $/8 inch iron rod found with cap marked 'KSC4019' in the south 1;ne o~' a 16 foot wide tract of land conveyed unto Univest Ent., Inc., by deed recorded Jn Volume 2000127. Page 341g. Deed Records of 0alias County. Texas; THENCE North 88 degrees 59 minutes 01 seconds East, with the said south I;ne of Univest tract and with the a line that is 16 feet south of ~nd parallet to the south line of Lo[ 1. Block A, To~n Center West, an addition to the City of Cat, poll according to the Plat thereof recorded in VoL 2000176, Pg. 1787 of the Map Records of 0alias County. Texas. 225..t4 feet to a .5/8 inch iron rod found with cap marked 'KSC401g' for corner;, THENCE South 65 degrees 51 minutes 56 seconds East. with the said souih line of Univest tract, a distance of 50.00 feet to a 5/8 inch ;ran rod found with ca~ marked 'KSC4019' in the west line of said Denton Tap Rood; THENCE South 01 degrees 13 minutes 57 seconds East. with the said west line of Denton ToD Ro~d. a distance of 22!.56 feet to the PLACE CF 8ECINNINC and containing 60,545 square feet ar 1.590 acres of land. more or ~ess. EXHIBIT "B" EQUIPMENT SCHEDULE .., ~ ----~---. ,--- ---- _ IJllhll]! .... {IT ....._ , __ E._------ -- ·' ...... -- ' -- -- =- " Il' "" "':' ...... J lthlt · mmm m~ !i t m, mmmm m '.=,, .~--._--- _- EXHIBIT "C" I~lllliliii I I'11 liiLt .lithIii ..... ... II II1~-~1~ EXHIBIT "D-1" ,l:~ lj!li]li[lI EXHIBIT "D-2" EXHIBIT "E"