CC approval of ORD 11/9/99i~~~L~ AGENDA REQUEST FORM
n~7~7~t~7~TEETING: November9,1999 ITEM# 8/~k''
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1165, Ole's Tex-Mex Restaurant, zoning change request
from R (Retail) to R-S.U.P. (Retail, Special Use Permit), to allow a 2,600 square foot private dub restaurant
located at 600 E. Sandy Lake Road, and authorizing the Mayor to sign.
APPROVED
CITY COUNCIL
- ~--- DATE
SUBMI~E/5~: Gary L. Sieb ~ t~}dt~~~ql,,~Oa
~I'ITLE: Director of Planni~ and Community Services
STAFP, OOMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Council unanimously granted this zoning change request on August 10, 1999.
staff recommenas approval.
DIR. INITIAL~' FIN. REVIEW:~ CITY MANAGER REVIEW:~
Agenda Request Forr~ - Revised 2/99 Document Name: RS 1165o
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~/~'t0t] --/~ -- ~.::,~ '7
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 "R" (RETAIL) TO "R-S.U.P."
(RETAIL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT
FOR A PRIVATE CLUB RESTAURANT FOR THE PROPERTY
DESCRIBED IN EXI-HBIT "A" ATTACHED HERETO; 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-1165
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 "R" (Retail) to "R-S.U.P."
(Retail, Special Use Permit) to grant a special use permit for a private club restaurant, subject to
special conditions for the property described in Exhibit "A" attached hereto and made a part hereof
for all purposes.
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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 11:00 a.m. to 9:00 p.m. Sunday through
Thursday and from 11:00 a.m. to 10:00 p.m. Friday and Saturday..
(B) The sale of beer, wine and alcohol on the premises is permitted as provided by State
Law.
(C)A grease trap with a 750 gallon minimum capacity shall be installed.
SECTION 3. That the Site Plan, Floor Plan and Sign Elevation attached hereto as Exhibits
"B", "C", and "D", 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.
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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 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 9. That this ordinance shall take effect immediately fi.om 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~f~'- day
of ~~ ' 4,J, 1999.
CANDY SH~AN, MAYOR
ATTEST:
TERIM CITY SECRETARY
APPROVE~O FORM:
ROBERT E. HAGER, .~Y A'
(REH/cdb 10/26/99) ~'
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LEGAL DESCRIPTION
600 E. Sandy Lake Road, Suite 106, Coppell, TX 75019
EXHIBIT "A"
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I~CBi_B).T "C"
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