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OR 91500-A-745 Biscuit BarAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-745 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 PD -209R2 -C (PLANNED DEVELOPMENT -209 -REVISION 2 -COMMERCIAL) TO PD-209R2R-C PLANNED DEVELOPMENT -209 -REVISION 2 REVISED - COMMERCIAL) TO ALLOW THE RE -OCCUPANCY OF AN EXISTING VACANT RESTAURANT BUILDING REQUIRING VARIANCES TO THE ZONING ORDINANCE INCLUDING: THE EXPANSION OF AN OUTDOOR PATIO AREA ENCROACHING INTO THE REQUIRED SETBACK AREA, PROVIDING FOR A MINIMUM OF 34 PARKING SPACES AND SIGN VARIANCES ON 0.57 ACRES OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR APPROVAL OF THE DETAIL SITE PLAN, BUILDING ELEVATIONS, AND SIGN PLAN, ATTACHED HERETO AS EXHIBITS `B" THROUGH "D"; AND PROVIDING FOR DEVELOPMENT REGULATIONS; 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 hearings 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 governing body is of the opinion that Zoning Application No. PD-209R2R-C 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 by granting a change in zoning from PD -209R2 -C (Planned Development 209 Revision Two -Commercial) to PD-209R2R-C, (Planned Development -209 Revision Two - Revised -Commercial) to attach a Detail Site Plan for a 3,196 square foot restaurant, (2,439 sq. ft. City of Coppell Ordinance Pg 1 TM 109719 indoor, 575 sq. ft. patio, 182 sq. ft. outdoor cooler), on 0.57 acres of property located on the south side of Sandy Lake Road, east of Denton Tap (120 S. Denton Tap Road), for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the Property will be used and developed for Commercial uses and as a restaurant as defined and provided in the Code of Ordinances, is hereby approved subject to the following development regulations: A. Except as amended herein, the property shall be developed in accordance with the Ordinance 91500-A-506 which is incorporated herein as set forth in full and hereby republished. B. The existing monument sign may be retained and re -faced in accordance with the Code of Ordinances. C. The required front yard setback shall be allowed at 17 feet from the Sandy Lake Road right-of-way as indicated on the Site Plan in Exhibit "B". D. A mechanically operated patio enclosure shall be allowed as depicted on the Exterior Elevations in Exhibit "C". E. A total of 129 square feet attached signage shall be permitted as indicated in the Sign Plan in Exhibit "D". F. The property shall be allowed a minimum of 34 parking spaces. G. The hours of operation shall not exceed 7:00 a.m. to 11:00 p.m. Sunday through Saturday. H. No trees shall be removed, and all existing landscaping shall remain and be maintained in healthy growing condition and comply with the Landscape Plan as established in PD -209R2 -C (Ordinance No. 91500-A-506) SECTION 3. That the Detail Site Plan, Building Elevations, and Sign Plan attached hereto as Exhibits "B" though "D"; respectively shall be deemed as development regulations to this development. City of Coppell Ordinance Pg 2 TM 109719 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 andeffect. 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 thispurpose. 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 immediately from and after its passage and the publication of its caption, as the law and charter in such cases provide. City of Coppell Ordinance Pg 3 TM 109719 DULY PASSED by the City Council of the City of Coppell, Texas, this the t day of V , 2019. WI 0 MI, atkati 3 i• MISS i City of Coppell Ordinance Pg 4 TM 109719 LEGAL DESCRIPTION STATE OF TEXAS COUNTY OF DALLAS Q UN1VE6T- CAPPE11_ VJLJ.A1 -Trt11ST L- dhereasand Minyard ' Properties, Inc. are the owners of a tract of land locatedintheEdwardA. Crow Survey, Abstract No. 301, City of Coppell, Dallas County, Texas andbeingpartofthe 'FIRST TRACT' in a deed recorded in Volume 79018, Page 1964 of the Deed , Records of Dallas County, Texas and being more particularly described as follows: EEGINNING at an iron rod in the south line of Sandy Lake Road (60' R.O.W.) at the mostnortherlysoutheastcornerofa5.39 acre tract described in a deed from Audrey W. Tweed, et. vir, to the County of Dallas, for widening Denton Tap Road, dated July 9, 1955 and filedDecember6, 1935 in the Deed Records of Dallas County, Texas; said iron rod being the mostnortherlynorthwestcornerofsaid "FIRST TRACT"; THENCE S 890 47' 18" E, 550.01 feet along the south line of Sandy Lake Road, to an iron rodatthenorthwestcornerofa1.00 acre tract of land conveyed by deed recorded in Volume 2109, Page 273 of the Deed Records of Dallas County; Texas; THENCE S 000 09 21" 14, 208.70 feet along the west line of said 1.00 acre tract to a 3/4 inchpipe; THENCE S 000 37' 45" W, 443.12 feet to an iron rod; THENCE N 89° 23' 00" 4J, 570.44 feet to a 3/4 inch pipe in the east line of Denton Tap Roadforthemostwesterlynorthwestcornerofa .tract of land conveyed by deed recorded inBolume79060, Page 2468 of the Deed Records of Dallas County, Texas; THENCE N 02° 09' 05' W, 595.33 feet along the east line of Denton Tap Road, to an iron rod; THENCE N 44` 03' 11" E, 69.25 feet to the POINT OF BEGINNING and Containing 8.6691 acres or311,626 square feet of land, more or less. 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