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OR 91-500-A-330 Grant a special use permit to allow operation of a restaurant in the YMCAAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-330 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 "TC" (TOWN CENTER) TO "TC-S.U.P.-1200" (TOWN CENTER-SPECIAL USE PERMIT-1200) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO BE LOCATED IN THE COPPELL FAMILY YMCA AT 146 TOWN CENTER BOULEVARD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, PARTIAL FIRST FLOOR PLAN OF THE EXISTING YMCA, AND DETAILED FLOOR PLAN OF THE PROPOSED RESTAURANT, 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-1200 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 "TC" (Town Center) to "TC- S.U.P.-1200" (Town Center-Special Use Permit-1200) to grant a Special Use Permit to allow for the operation of a restaurant to be located in the Coppell Family YMCA at 146 Town Center Boulevard, 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 not exceed the hours of operation in effect for the Coppell Family YMCA. (B) The site shall be developed in accordance with the site plan and floor plans, which shall be attached hereto as a further condition. (C) There shall be no outside signage or advertising. SECTION 3. That the Site Plan, Partial First Floor Plan of the existing YMCA, and Detailed Floor Plan for the Restaurant, 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. 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 /3 _V-~day of ~.~,t, o4~, 2002. APPROVED AS TO FORM: ROBERT E. HAG , &T,~0RNEY (REH/cdb 7/25/02) APPROV/~ID: ,~ _ ..~ CANDY S HEEHA J M~Y~OR ' ATTEST: LI~Y ~3-AL~ITY SECRETARY 3 49412 WHEREAS, Y.~,.C.A. OF METROPOLITAN DALLAS, is the owner of a tract of land situated in the S.A. & M.G.R.R. Survey, Abstract No. 1430 in the City of Coppell, Dallas County, Texas and being a part of a tract'of land as described in'deed from Good Financial Corporation to M. Douglas Adkins, Trustee, as recorded in Volume 76188, Page 2355 of the'Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at a point of intersection at the south line of Parkway Boulevard (a variable width fight-of-way) with the east line of Denton Tap Road (a variable right-of-way), said point also being in a curve to the left running in a southerly direction and having a central angle of 01°48'30" and a radius of 5679.70 feet; Thence along said curve, and the said east line of Denton Tap Road, 179.26 feet; Thence S. 01°00'58" E., 1071.98 feet; Thence N. 88°59'02" E., 383.00 feet leaving the said east line of Denton Tap Road to the POINT OF BEGINNING, a Va" iron rod set for comer; THENCE N. 88o59'02" E., 335.34 feet to a ½" iron rod set for comer, said point being on the west line of Chaucer Estates, an addition to the City of Coppell as recorded in Volume 92248, Page 2980 of the Deed Records of Dallas County, Texas; THENCE S. 01°22'49" E., 597.07 feet along the said west line of Chaucer Estates to a V2" iron rod set for ~:omer; THENCE S. 89009'49" W., 471.13 feet leaving the said west line of Chaucer Estates to a ½" iron rod set for Comer; THENCE N. 01o00'58'' W., 32.11 feet to a %" iron rod set for comer, said point being the beginning of a curve to the fight having a central angle of 35°44'27" a radius of 286.00 feet and a chord bearing of N. 16°51'15" E.; : THENCE along said curve 178.41 feet to the end of said curve, a ½" iron rod set for comer, said point being the beginning of a curve to the left having a central angle of 35044'27" a radius of 314.00 feet and a chord bearing of N. 16°51'15" E.; THENCE along said curve 195.87 feet to the end of said curve, a ½" iron rod set for comer; THENCE N. 01000'58" W., 75.56 feet to a V2" iron rod set for comer, said point being the beginning of a curve to the right having a central angle of 27°20'52" a radius of 85.00 feet and a chord bearing of N. 12039'28" E.; THENCE along said curve 40.57 feet to the end of said curve, a ½" iron rod set for comer, said point be'lng the beginning of a curve to the left having a central angle of 27020'52" a radius of 85.00 feet and a chord beating of N. 12039'28" E.; THENCE along said curve 40.57 feet to the end of said curve, a ½" iron rod set for comer; THENCE N. 01o00'58" W., 59.35 feet tv the Point of Beginning and containing 5.366 acres (233,739 square feet) of land. 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