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CC approval of ORD 11/9/99 ~~~~~~ AGENDA REQUEST FORM ~ CITY COUNCIL MEETIlqG: November 9, 1999 ITEM # ~ ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1164, J'Donuts, zoning change request from C (Commercial) to C-S.U.E (Commercial, Special Use Permit), to allow the operation of a 1,195 square foot doughnut shop located at 110 W. Sandy Lake Road, and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL -"--~ DATE II-q-qq SUBMITrED B~d. Gary L. Si, pl,.ni~ TITLE: k,~ Director of 2.;Xzr~.o and Community Services 04~t~t ~,...~ ~/,a¢'O0' ~' ~ STAFF COMMEI~ x S: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A Council unanimously granted this zoning change request on September 14, 1999. Staff recommends approval. DIR. INITIALS: FIN. REVIEW.~ CITY MANAGER REVIEW: X~I , Agenda Request Form - Revised 2/99 Document Name: ~$1164o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~1-~'00 ,/l~ o ~-~6 AN O~IN~CE OF T~ CITY OF COPPELL, TE~S, ~~G T~ CO~~NS~ ZO~NG O~~CE ~ ~ OF T~ CITY OF COPPELL, TE~S, AS ~TOFO~ ~ENDED, BY G~T~G A C~GE IN ZO~NG FROM "C" (CO~RC~) TO "C-S.U.P." (CO~RCI~, SPEC~ USE PE~T) TO G~NT A SPECI~ USE PE~T FOR A ~STAU~T FOR T~ PROPERTY DESC~BED ~ E~BIT "A" A~AC~D ~TO; PRO~DING FOR SPEC~ CO~ITIONS; PRO~DING FOR T~ ~PROV~ OF T~ , SITE PL~, FLOOR PL~, ~D SIGN ELEVATIONS ATTACHED ~TO AS E~BITS "B", "C", ~D "D" ~SPECTI~LY; PRO~D~G A ~PE~ING CLAUSE; PRO~D~G A SERVILITY CLAUSE; PRO~DING A SA~GS CLAUSE; PRO~D~G A PEN~TY OF F~ NOT TO EXCEED T~ S~ OF TWO THOUS~D DOLL~ ($2,000.00) FOR EACH OFFENSE; ~D PRO~D~G ~ EFFECTI~ DATE. ~~AS, ~e Ci~ Plug ~d ZoMng Co~ission ~d ~e gove~ng body of ~e Ci~ of Coppell, %x~, in compli~ce ~ ~e laws of ~e State of Tex~ ~d p~su~t to ~e Comprehensive ZoMng OMi~ce of ~e Ci~ of Cop~ll, have given requisite notices by publication ~d o~e~se, ~d ~er holding due he~ngs ~d ~oMing a ~11 ~d fair he~ng to all prope~ o~ers generally, ~d to all perso~ intere~ed ~d si~ted in the ~ected ~ea ~d in ~e viciM~ ~ereof, ~e said gove~ng body is of ~e opiMon ~at ZoMng Application No. S-1164 should be approved, ~d in the exercise of legislative discretion have concluded ~at ~e Comprehensive Zoning Ordin~ce ~d Map should be ~ended. NOW, T~FO~, BE IT O~~D BY THE CITY CO~CIL OF THE CITY OF COPPELL, TE~S: SECTION 1. ~at ~e Comprehemive ZoMng OMin~ce ~d Map of ~e Ci~ of Coppell, Text, duly prosed by ~e gove~ng body of ~e Ci~ of Coppell, Texm, m heretofore ~ended, be ~d ~e s~e is hereby ~ended to gr~t a ch~ge M zoMng ~om "C" (Co~ercial) to "C-S.U.P." (Co~ercial, Special Use Pe~iO to gr~t a special use pe~it for a resta~t, subject to speci~ conditions for ~e pro~ described M E~bit "A" a~ched hereto ~d made a p~ hereof for ~1 p~ses. 1 ~s330 SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) The hours of operation will be from 5:00 a.m. to 12:00 p.m. Sunday through Saturday. (B) A grease trap must be installed in compliance with all State and local regulations. (C) An approved site plan, floor plan and sign elevations in compliance with all city ordinances. SECTION 3. That the site plan, floor plan, and sign elevations attached hereto as Exhibit "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 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 to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 28330 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 fmc 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 q ~ day of ~0'/J,~ ~/~J, 1999. APPROVED: /, CANDY SHE~-IAN, MAYOR ATTEST: ALl, INTERIM CITY SECRETARY ' APR~~ATrORNEY (REt-I/crib 11/3/99) 3 28330 LEGAL DESCRIPTION 110 W. Sandy Lake Road, Suite 118, Coppell, TX 75019 EXHIBIT "A" EX~IBI~ "B" J'Donuts Window Neon Sign Outline Neon Enlarged View Blue. Red Brown~ "- A '~ , . Green / Plate Glass window is 24o w~de The sign is 24" wide (2' wide) EXHIBIT "D" (Pa§e 2 of 2)