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CC approval of ORD-7/11/89Rev. 4-24 ITEM CAPTION: To consider an ordinance for Case #S-1022, to change the zoning designation from (R) Retail to (C.SUP) Commercial Special Use Permit, to allow the operation of a drive- thru type restaurant, located on property 201 feet south of the southwest corner of Sandy Lake Road and Denton Tap Road, and authorizing the Mayor to sign. /' '~(Direc t~'~' STAFF R.~.'.,~ary°n_,P~~OWman .. EVALUATION OF ITEM: DATE: Date of Planning and Zoning Meeting: July 23, 1987 Decision of Planning and Zoning Commission: Approved Date of City Council Meeting: August 11, 1987 Decision of City Council: Approved (6-1) Please see attached site plan and City Council minutes for further detail. BUDGET AMT.: AMT. ESTIMATED: AMT. +/- BUDGET: COMMENTS: FINANCIAL REVIEW BY: REVIEWED BY CM: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. o~? 7"'/~ -~"~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICATION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the Governing Body of the City of Coppell, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, 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, the said Governing Body is of the opinion that said change of zoning, which is on application of McDonald Corporation, No. S-1022, should be granted and the Comprehensive Zoning Ordinance of the City of Coppell should be amended in the exercise of its legislative discretion. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Coppell, to give the hereinafter described property a new zoning district classification, to-wit: "C-SUP" Commercial District Classification with a Special Use Permit for a restaurant. Said Special Use Permit shall be conditioned upon the following special conditions: 1. May have drive through window service. 2. Restaurant to conform to attached architectural rendering. Provided however, signage as shown on the rendering is not approved as a part of this ordinance. 3. In the event property ceases to be used as a drive-through-type restaurant, the City may, on its own motion, initiate a zoning change to change the property back to it's original Retail Zoning Classification. Said property being described as follows: BEING a tract of land situated on the west side of Denton Tap Road, 201 feet south of the intersection of Denton Tap Road and Sandy Lake Road, City of Coppell, Dallas County, Texas. Said property also shown on the attached site plan. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. That should any paragraph, sentence, 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 invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5. 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, as heretofore amended, and upon conviction shall be punished by fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6. It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage and publication of its caption, as the law in such cases provides. DULY PASSI~.D by the City Council of the City of Coppell, Texas, this the /~ day of ~~ , 1989. CZ89-0628 APPROVED: / ~/'--' MAY ATTEST: ' ~CRETARY FRONT ELEVATION C~OSS SECTION O~ SANDY LAKE ROAD .,.-,.,,.. 5'- Io Zt ~JT'E DATA =- =:=_5~._ ... SITE PLAN RECEIVED '"; SP-1 - 2 1987