CC approval of ORD-12/10/96 AGENDA REQUEST FORM
CITY COUNCIL MEETING= December 10, 1996 ITEM $ /~/~
ITEM CAPTION=
Consider approval of an Ordinance for Case No. S-1114. Papa John's Pizza,
zoning change from C (Commercial) to C-S.U.P. (Commercial, Special Use
Permit), with special conditions, to allow the development of a 1.262 s.f.
restaurant, located on the east side of MacArthur Boulevard, approx. 130.16
feet north of Sandy Lake Road~and authorizing the Mayor to sign.
TITLE( Director o~PTanning and Community Services
STAFF RECO~I~D~: &pproval ~ Denial
STAFF COMMENTS:
Council approved this zoning change on October 8, 1996.
APPROV£D
CoUNCiL
BUDGET AMT. $ AMT. EST. $ 4-/- BUD: $
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. -- - / ¥"-/
AN ORDNANCE OF CITY OF COPPE , TEXAS, A . ING
~ COMPREFIENSIVE ZONING ORDINANCE AND MAP OF ~
CITY OF COPPELL, TEXAS, AS I:IER~TOFORE AMENDlZ. D, BY
GRANTING A CHANGE IN ZONING FROM "C" (COMMEI~CIAL) TO
"C-S.U.P." (COMMI~CIAL, SPECIAL USE PERMIT), TO ALLOW A
RESTAURANT ON PROPERTY DESCRIREB AS LOTS 9 AND 10 OF
K1MBEL ADDITION, AN ADDITION TO ~ CITY OF COPPELL, AS
RECORDED IN VOLUME 77213, PAGE 0999, OF ~ MAP RECORDS
OF DALLAS COUNTY, TEXAS; PROVIDING SPECIAL CONDITIONS;
PROVIDING FOR ~ APPROVAL OF ~ SITE PLAN, LANDSCAPE
PLAN, BUILDING ELEVATIONS AND EQ~NT FLOOR PLAN
ATTACHED HERETO AS E~I:IlR~ "A", "B", "Ct. AND 'rD"
RESPECTIVELY; PROVIDING A REPEAl.lNG CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED ~ 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 Case No. S-
1114 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 TFIE 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 to grant a change in zoning from "C"
(Commercial) to "C-S.U.P." (Commercial, Special Use Permit) to allow a restaurant use with
special conditions for property described as Lots 9 and 10 of the Kimbel Addition, an addition
to the City of Coppell, as recorded in Volume 77213, Page 0999, of the Map Records of Dallas
County, Texas.
SECTION 2. That the above change in zoning for Special Use Permit for restaurant use
is hereby granted, subject to the following special conditions:
1. The property shall be developed and used only in accordance with the Site Plan,
Landscape Plan, Building Elevations, and Equipment Floor Plan, attached hereto
as Exhibits "A', 'B~, 'C', and 'D' respectively, and made a part hereof for all
purposes.
SECTION 3. That the Site Plan, Landscape Plan, Building Elevations, and Equipment
Floor Plan, attached hereto as Exhibits *A', 'B', 'C~, and 'D' respectively, and made a part
hereof for all purposes, be, and the same 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 all provisions of the Comprehensive Zoning Ordinance 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 6. 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 7. That an offense committed before the effective date of this ordinance is
governed by the 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 8. 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 9. 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 City Council of the City of CoppeLl, Texas, this the /Z~-~/~ day of
~ee e~ , 1996.
2
TOM MORTON, MAYOR
ATTEST:
ROACH, CITY SECRETARY
APPROVED AS TO FORM:
pETER G.
3
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