OR 91-500-A-320 Changes zoning to PD-133-HC-R2-SUP1197 operation of a restaurantAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-320
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ORDINANCE NO. 91500, THE COMPREHENSIVE ZONING
ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS
HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING
FROM "PD-133-HC-R2" (PLANNED DEVELOPMENT-133-HC-R2) TO
"PD-133-HC-R2-S.U.P.-1197" (PLANNED DEVELOPMENT-133-HC-R2-
SPECIAL USE PERMIT - 1197) TO GRANT A SPECIAL USE PERMIT TO
ALLOW FOR THE OPERATION OF A RESTAURANT TO BE LOCATED
IN MAGNOLIA ¥ILAGE, 651 DENTON TAP ROAD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF
THE SITE PLAN, FLOOR PLAN, AND SIGN ELEVATION, ATTACHED
HERETO AS EXHIBITS "B", "C", AND "D", 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-1197
should be approved, and in the exercise of legislative discretion have concluded that Ordinance No.
91500, 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 Ordinance No. 91500, 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 "PD-133-
HC-R2" (Planned Development-133-HC-R2) to "PD-133-HC-R2-S.U.P.-1197" (Planned
Development-133-HC-R2-Special Use Permit - 1197) to grant a special use permit to allow for the
operation of a restaurant to be located in Magnolia Park, 651 North Denton Tap Road, 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 site shall be developed in accordance with the site plan, floor plan, and sign elevation,
which are attached hereto as a further condition.
SECTION 3. That the Site Plan, Floor Plan, And Sign Elevation, attached hereto as
Exhibits "B", "C", and "D", 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 9i 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 9th day of
April, 2002.
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 4/1/02)~'
3 46975
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