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CC approval of ORD 6/14/05COPPELL AGENDA REQUEST FORM DEPTi Planning DATE: June 14, 2005 ITEM #: 14 1TEM CAPTION: Consider approval of an Ordinance for Case No. S- 1224-TC, Little Caesars Pizza, zoning change from TC (Town Center) to S-1224-TC (Special Use Permit-1224-Town Center), to allow the operation of a 1,350-square-foot restaurant, take-out only, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of Denton Tap Road; north of Town Center Blvd., and authorizing the Mayor to sign. GOAL(S): APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 91500-A-411 M - Suhy ~' LibbyBa~l S - York 3 11:49:23 Vote - 6-1 Peters voted against EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On April 2 l, 2005, the Planning Commission approved this zoning change (4-3). On May 10, 2005, Council approved this zoning change (6-1). Staff recommends approval. Agenda Request Form - Revised 09/04 Document Name: ~2S-1224-TC, LCP ORD I-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~0_~/g~- 4// 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 "TC" (TOWN CEN~FER) TO "S-1224-TC" (SPECIAL USE PERMIT-1224-TOWN CENTER) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A 1,350-SQUARE- FOOT RESTAURANT TO BE LOCATED AT 240 I~ORTH DENTON TAP ROAD, VILLAGE AT TOWN CENTER, A~ND 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 RRPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PRO¥IDING 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-1224-TC 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, Tesas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "TC' (Town Center) to "S-1224-TC" (Special Use Permit-1223-Town Center) to grant a Special Use Permit for the operation of a 1,350- square-foot restaurant to be located at 240 North Denton Tap Road, Village at Town Center, and being more particularly described in Exhibit "A" attached hereto and marie a part hereof for all purposes, subject to special conditions. 74507 SECTION 2. That the Special Use Permit for a restaurant is hereby approved, subject to the following special conditions: (A) Hours of operation shall not exceed between 11 a.m. to 11 p.m., Sunday through Thursday and 11 a.m. to 12 midnight Friday and Saturday. (B) The site shall be developed in accordance with the approved Site Plan, Floor Plan, Sign Plan and Sign Criteria, which are attached hereto as conditions to the use granted herein. SECTION 3. That the Site Plan, Floor Plan and Sign Plan,, 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 to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. 2 74507 SECTION 8. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Comprehensive Zoning OrdinanQe, 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 immedialely from and after its passage and the publication of its caption, as the law and charter in such cases provide. PASSED by the City Council of the City of Coppell, Texas, this the ]_a~ _~-,'day of DULY ,2005. DOt LAS N. STOVER, MAYOR ATTEST: LIBBY BA~/)~ITY SECRETARY APPROV~ ROBERT E. HAGER,/C~Y ATTORNEY (REH~cdb 5/23/05) /~ 3 74507 LEGAL DESCRIPTION Being a 1,350-square-foot lease space, located as indicated on Exhibit "B", on property more particularly described as Lot 2, Block 3 of the Town Center Addition, being an addition to the City of Coppell, Dallas County, and known as 240 North Denton Tap Road, Coppell, Texas EXHIBIT "A" C]i:lV A~i'lftOit U:~.LN3D OVOU dY/ N 0 .L. N ::: (] EXHIBIT EXHIBIT "C-I" I ,{ J j EXHIBIT "C-2" liXH£BIT '~'D-1'~ EXHIBIT E~HIBIT "D-3"