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CC approval of ORD 10/8/02AGENDA REQUEST FORM CO P- L[, DEPT: Planning & Economic Development DATE: October 8, 2002 ITEM #: 8/H ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1145R, Siam Thai Cuisine, zoning change from LI-S-1145 (Light Industrial-Special Use Permit-1145) to LI-S-1145R (Light Industrial, Special Use Permit-1145R), to allow the operation of an approximately 1,241 square-foot restaurant, with private club, to be located in the Valley Ranch Center, 820 S. MacArthur Boulevard, Suite 108B, and authorizing the Mayor to sign. A?PROVED BY CI'TY COUNCIL IM°ti°n to Approve ~N XBOVE DAT. E[°rd' # 9~°°'A-3n° ~ f.~i~[ sa: GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: 'ore - 6-0 Stover absen? N/A N/A On July l 8, 2002, the Planning and Zoning Commission unanimously approved this change (6-0). On August 13, 2002, Council unanimously approved this change (6-0). Staff recommends approval. DIR. REVIEW: ~ Agenda Request Form - Revised 09/02 FIN. REVIEW: Document Name: G1145R Siam Thai ORD I-AR 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 "LI-S-1145" (LIGHT INDUSTRIAL-SPECIAL USE PERMIT-II45) TO "LI-S-1145R" (LIGHT INDUSTIHAL-SPECIAL USE PERMIT-II45 REVISED) TO REVISE THE CURRENT SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT WITH A PRIVATE CLUB TO BE LOCATED IN VALLEY RANCH CENTER, 820 S. MACARTHUR BOULEVARD, SUITE 108B, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN AND SIGN 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 heatings 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 goveming body is of the opinion that Zoning Application No. S-1145R 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 "LI-S-1145" (Light Industrial- Special Use Permit-1145) to "LI-S-1145R." (Light Industrial-Special Use Permit-1145 Revised) to revise the current Special Use Permit to allow for the operation of a restaurant with a private club to be located in the Valley Ranch Cemer, 820 S. MacArthur Boulevard, Suite 108B, 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 with a private club is hereby approved subject to the following special conditions: (A) That the approved site plan, floor plan, and sign plan, which are attached hereto and incorporated herein as Exhibits "B", "C", and "D", respectively, shall govern the development of the property and shall be regulatory conditions to the permit granted herein. (B) That the hours of operation shall not exceed 11:00 a.m. to 11:00 p.m. Sunday through Saturday. (C) That the sale of alcoholic beverages on the premises is permitted in accordance with all applicable State laws. SECTION 3. That the Site Plan, Floor Plan, and Sign Plan, which are 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 2 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 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 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 ~~.,~, 2002. APPROVED: _/') /] CANDY SHEEItpN, MAYOR ATTEST: L~II~BY BALL~ITY SECRETARY APPROVED AS TO FORM: ROBERT E. HAGER, CITY ffrTORNEY 820 S. MacArthur Blvd., Suite 108B, Coppell, TX 75019 :.]::!..:i l t-~'] ] ~' IIII IIIIIIII1~ KXHIBIT "B" -o : ,~t E~TBIT "D"