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CC approval of ORD 6/13/00F C-OPP- L£ AGENDA REQUEST FORM CITY COUNCIL MEETING: June 13, 2000 ITEM # _ ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1175 Siena Pasta & Pizza, zoning change from R (Retail) to R-S.U.P (Retail, Special Use Permit), to allow operation of a 3,000 square foot restaurant with Private Club to permit the sales of alcoholic beverages (beer and wine only) located at 780 S. MacArthur Boulevard, in the Riverchase Plaza, and authorizing the Mayor to sign. SUBMITTED BY~ ~ S TAFFTIcT~EM~E~d Community Services APPROVED BY CITY COUNCIL DATE Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On March 14, 2000, City Council unanimously approved this zoning change (5-0). Staff recommends approval. DIR. INITIALS: ~' FIN. REVIEW: ~ Agenda Request Form - l~vised 5/00 CITY MANAGER REVIEW~ Document Name: @SI 175o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~--~]-- ~k 8 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 TO ALLOW THE OPERATION OF A RESTAURANT WITH A PRIVATE CLUB TO PERMIT THE SALES OF ALCOHOLIC BEVERAGES FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN/ZONING EXHIBIT, FLOOR PLAN, AND SIGNAGE PLAN 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 heating 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-1175 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 restaurant with a private club to permit the sales of alcoholic beverages, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 33326 SECTION 2. That the Special Use Permit for a restaurant with a private club is hereby approved subject to the following special conditions: (A) That the hours of operation shall be from 11:00 a.m. to 10:00 p.m. Monday through Thursday, and from 11:00 a.m. to 11:00 p.m. Friday and Saturday. (B) That the sale of beer and wine on the premises is permitted as provided by State law. (C) That subject to lease agreement to provide access, a 750-gallon grease interceptor shall be installed outside the lease area. (D) That all exit door locations shall be approved by the City of Coppell Building Official. SECTION 3. That the Site Plan/Zoning Exhibit, Floor Plan, and Sign Plan are conditions of the zoning and are attached hereto and incorporated herein by 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 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 2 33326 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 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 ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 10. That this ordinance shall take effect immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the /~day of ,2000. CANDY SHE~EI-~A'NT', MAY~0R ATTEST: R II ER-T E. HAGER,,L" TY ATTORNEY 3 33326 Leaai Description Riverchase Plaza, 780 MacArthur Boulevard Suite 100, Coppell, Texas 75019 EXHIBIT A DALLAS AREA RAPID,,~.,o,, TRANSIT (DART) PLAN VIEW FLOOR PLAN EQUIPHENT LAYO{JT SIENA PASTA & PIZZA -' I- 8.2 fl + sqfl= 11.5 ~ -Channel depth 5" -Channel return color Dark Bronze -Channel interior painted white -1" bronze trim cap -Face 1/8" ivory plexiglass -Neon 4800 white :. Pasta 8 Pizza sqfl= 38.5 19.2 50 fi 3.0 in ~ ....... 14ff8.0in -- 3 ft 9.0 in 21 fi 5.0 in , ! I~ ;lllll ~~__l Ill , 10636 Donc Street Dallas, TX t5ZZ0~.~'~Z~ ~ I,~TO'qER: [ORATION: LANDLORD¢ DATE. O1-O4-2OOO Tel (214) 956. tS11 Fax, (Z~4)351.43Z0 :N.T.S [~1 desi~s and drawings remain Texas PlasOc Sign s exclusive properq' } [ [ ~: ~ ~,: ~ and in no way may be copyed or duplicated ~4$out wren consent, 1~', ~LF,: d a ~ O 11 IVl ~ [ t 1 Il