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CC approval of ORD 2/13/01 I ! ~-'H E~ ¢ I T Y 0 F COPF-EEL AGENDA REQUEST FORM CITY COUNCIL MEETING: February 13, 2001 ITEM ITEM CAPTION: Consider approval of an Ordnance for Case No. S-1183~ Quizno's, zoning ch~ge request from PD-178R (Plied Development-178R) to PD-178R-S.U.P (Plied Development-178R, Special Use Pe~it), to allow the operation of a sub sandwich shop to be located in the To~ Center West Retail Center at 171 N. Denton Tap Road, ~d au~orizing the Mayor to sign. APPROVED BY TITLE: ~ D~r of Pl~g and Com~uni. Services STAFF COMME~ Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On December 21, 2000, ~e Pla~g Co~ssion unan~ously suppomed for ~ zomg change (7-0). On Janua~ 9, 2001, Council una~ously approved this zon~g change (7-0). Staff recommends approval. DIR. INITIALS: R v~isea~" FIN. REVIEW:~ CITY MANAGER REVIEW: Agenda Request Form - 5/00 Document Name: ~S 1183o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~],~'~..- ~ .. ~ ~,~ 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 "PD-178R" (PLANNED DEVELOPMENT-178R) TO "PD-178R-S.U.P." (PLANNED DEVELOPMENT-178R-SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT IN THE TOWN CENTER WEST RETAIl, CENTER LOCATED AT 171 NORTH DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN AND FLOOR PLAN, ELEVATIONS, SIGNAGE CRITERIA FOR PD 178R AND SIGNAGE, ATTACHED HERETO AS EXHIBITS "B", "C", "D", AND "E", 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- 1183 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 fi.om "PD-178R" (Planned Development- 178R) to "PD- 178R-S.U.P." (Planned Development- 178R, Special Use Permit- 1183) to grant a special use permit for a restaurant, subject to special conditions, for the property described in Exl'fibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) That the hours of operation shall be from 9:00 a.m. to 11:00 p.m. Sunday through Saturday. 03) Property shall be developed in accordance with the site plan, floor plan, and all sign plans and criteria, as required herein, attached hereto and incorporated herein as set forth in Section 3. (C) That the common area and facility lighting immediately adjacent to the retail facility shall remain illuminated during the hours of operation. SECTION 3. That the Site Plan, Floor Plan, Elevations, Signage Criteria for PD 178R, and Signage, attached hereto as Exhibits "B", "C", "D", and "E", 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, finn 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 CAND"Y SHgEI~, ~h~.~)R - ATTEST: LOT 1 D~ON BEING · lraot of land ~uaaxl in th~ ~ W. 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