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10/8/02 CC approval of Ord.COPPELL AGENDA REQUEST FORM DEPT: Planning & Economic Development DATE: October 8, 2002 ITEM #: 8/J ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1188R, Pan Acean Noodle Shop & Grill, zoning change from C-S- 1188 (Commercial-Special Use Permit-1188) to C-S- 1188R (Commercial-Special Use Permit- 1188 Revised), to allow an additional attached sign for the restaurant and private club located in the Coppell Crossing IV Shopping Center at 777 S. MacArthur Blvd., and authorizing the Mayor to sign. GOAL(S): EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: N/A N/A On August 15, 2002, the Planning and Zoning Commission unanimously approved this change (5-0). On September 10, 2002, Council unanimously approved this change (7-0). APPROVED BY Staff recommends approval. CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91§00-A-336 M - Tunnell 5 - Raines Vote - 6-0 Stover absent D1R. REVIEW: ~ Agenda Request Form - Revised 09/02 FIN. REVIEW: CM REVIEW: ~ ~" Document Name: ~S 1188R ORD !-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS 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 "C-S-1188" (COMMERCIAL-SPECIAL USE PERMIT-II88) TO "C-S-1188R" (COMMERCIAL-SPECIAL USE PERMIT- 1188 REVISED) TO REVISE THE SPECIAL USE PERMIT TO ALLOW FOR AN ADDITIONAL ATTACHED SIGN FOR THE RESTAURANT AND PRIVATE CLUB, LOCATED IN THE COPPELL CROSSING IV SHOPPING CENTER, 777 S. MACARTHUR BOULEVARD, PROVIDING FOR THE APPROVAL OF THE REVISED SIGN PLAN, ATTACHED HERETO AS EXHIBIT "A"; 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 thc City of Coppell, have given requisite notices by publication and otherwise, and after holding due hcaxings and affording a full and fair hearing to all property owners gencraily, and to all persons interested and situated in the affected area and in the vicinity thereof, thc said governing body is of the opinion that Zoning Application No. S-1188R should be approved, and in the exercise of legislative discretion have concluded that thc 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 thc Comprehensive Zoning Ordinance and Map of the City of C0ppell, 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 "C-S-1188" (Commemial - Special Use Permit-1188) to "C-S-1188R" (Commercial - Special Use Permit-1188 Revised) to revise special use permit to allow for an additional attached sign for the restaurant and private club to be located in the Coppell Crossing IV Shopping Center, 777 S. MacArthur Boulevard, subject to speciai conditions. SECTION 2. That the revised Special Use Permit to allow for an additionai sign for the restaurant and private club, is hereby approved subject to the following special conditions: 1 50808 (A) That accept as amended herein, the property shall be developed in accordance with Ordinance 91500-A-302, which is incorporated herein as set forth in full and hereby republished. SECTION 3. That the Revised Sign Plan, attached hereto as Exhibit "A" and made a part hereof for all purposes, is 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 2 50g08 Ordinance of the City of Coppell, as heretofore mended, 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 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 _1~ -~ day of ~ 2002. APPROVED AS TO FORM: ROBERT E. HAGER, CITY~A~krORNEY (REH/cclb 9/26/02) APPRO.,VED: CAN~Y SHEEHA/q, MAYOR ATTEST: 3 50808 La EXH[ BIT