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CC approval of ORD 7/6/04AGENDA REQUEST FORM COPPELL DEPT: Planning DATE: July 6, 2004 ITEM #: 15 ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1030R, Daddy Jack's, zoning change from C-S-1030 (Commercial-Special Use Permit-1030) to C-S-1030R (Commercial, Special Use Permit-1030 Revised), to allow an outdoor seating area along the south side of the existing restaurant and private club located in Suite 101 of the Braewood Shopping Center, 150 S. Denton Tap Road, and authorizing the Mayor to sign: APPROVED BY Motion to Approve GOAL(S): EXECUTIVE SUMMARY: CITY COUNCIL ABOVE DATE Ord. # 91500-A-382 M - Suhy S - Raines Vote - 6-0 Tunnell absent Date of P&Z Meetinm N/A Decision of P&Z Commission: N/A On May 20, 2004, the P&Z Commission approved this Special Use Permit revision (5-1). Commissioner Reese opposed. On June 8, 2004, Council approved this Special Use Permit revision (5-1). Councilwoman Tunnell opposed. Staff recommends approval. Agenda Request Form - Revised 02/04 Document Name: ~ 8S-1030R 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 "C-S-1030' (COMMERCIAL-SPECIAL USE PERMIT-1030) TO "C-S-1030R" (COMMERCIAL-SPECIAL USE PERMIT - 1030 REVISED) TO RE¥1SE THE SPECIAL USE PERMIT TO ALLOW FOR OUTDOOR SEATING AREA ALONG THE SOUTH SIDE OF THE BUILDING, LOCATED AT 150 S. DENTON TAP ROAD, SUITE 101 IN COPPELL, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXItlBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN FOR BRAEWOOD CENTRE, SITE PLAN FOR THE PATIO AREA, AND FLOOR PLAN FOR EXISTING RESTAURANT, ATTACHED HERETO AS EXHIBITS "B", "C" AND "D"; 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 Comrmssion and the governing body of the City of Coppell, Texas, in compliance v?ith the laws of the State ol'Texas and pursuant to the Comprehensive Zoning Ordinance of the Ciky 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-1030R 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 Cily 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 "C-S-1030" (Commercial - Special Use Perrmt-1030) to "C-S-1030R" (Commercial - Special Use Permit-1030 Revised) to allow for outdoor 65786 seating area along the south side of the building, located at 150 S Denton Tap Road, Suite 101 in Coppell, Texas, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the revised Special Use pernmt to allow for outdoor seating area, is hereby approved subject to the following special conditions: (A) That accept as amended herein, the property shall be developed in accordance with Ordinance 297-A-41, which is incorporated herein as set forth in full and hereby republished. (B) The development shall be in accordance with the site plan, patio plan and revised floor plan. (C) The hours of operation shall not exceed 6 p.m. to 10 p.m., seven days a week, and lunch service on Friday from 1 l a.m. to 2 p.m. (D) There shall be no preparation and/or staging of food and/or beverages on this patio. (E) Table lighting and outdoor music (not exceeding the music level inside the restaurant) shall be allowed There shall be no live music allowed on the patio. (F) Provide a four-foot hedge from the fence opening at the east end of the building to the middle of the arc of the fence as depicted on Exhibit "B." SECTION 3. that site plan for Braewood Centre, site plan for the patio area, and floor plan for existing restaurant attached hereto as Exhibits "B", "C" and "D", and made a part hereof for all purposes, are hereby approved. 2 65786 SECTION 4. That the above properb, 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 properb., herein shall be in accordance xvith building regulations, zoning ordinances, and any applicable ordinances except as may' be specifically altered or amended hereto. SECTION 6. lt~at ail provisions of the Ordinances of the City of Coppell, Texas, in conflict \vith the provisions of this ordinance be, and the same are hereby, repealed, and ail other provisions not in conflict v~th the provisions of this ordinance shail 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 unconstitutionai, 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 xvhole SECTION 8 An offense comntitted 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 xiolating any of the provisions or terms of this ordinance shall be subject to the same penalb' as provided for in the Comprehensive Zoning Ordinance of the City of Coppell, as heretofore amended, and upon conviction shail be punished by' a line not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense; and each and eveo' day such violation shall continue shall be deemed to constitute a separate offense. 3 65786 SECTION lO. 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 Cib' Council of the Cib' of Coppel[, Texas, this the ~ day of ,2004 A D: MAYOR ATTEST: APPROVED AS TO FORM: ROIJERT-E. HAGER~. CITY (~J~OR~EY (REIt/cAb) [re;,icw ~d only 06'2204] 4 65786 Daddy Jacks Braewood Centre Suite 101 150 S. Denton Tap Coppell, Texas 75019 EXItlBIT "A" Z 0 Z bJ ~-~ ,g~'9Z~ 3AlaO 000~3V~8 N ~i~HI BIT "B" 3Al~a EXHIBIT "C" PAGE 02102 © O EXHIBIT "D"