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CC approval of ORD 3/28/95CITY COUNCIL MEETING~ AGENDA REQUEST FORM March 28, 1995 ITraXi # ._~ ITEM CAPTION: Consideration and approval of an Ordinance for S-1091, to change the zoning from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) for restaurant use with special conditions, on a 0.55 acre tract of land located at the southeast corner of. Sandy Lake Road and Denton Tapk Road, and authorizi~ SUBMITTED BY: Gary TITLE: Director of Planning & Co--unity Services INITI~~V~J' ST~F CO~E~S: This Special Use Permit was approved, with conditions, by the City Council at its March 14, 1995, meeting. STAFF RECOMMENDATION EXPLANATION: Approval Denial BUDGET AMT.$ ~ FINANCIAL COMMENTS: FINANCIAL REVIEW: Ageada Request Form - Revised 1/94 I~ 'zokun~" ~q~r in ~~ AMT. EST. $ +/- BUD:$ CITY MANAGER REVIEW: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDIN CE NO. _gL, O- 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" (COMMERCIAL) TO "C-S.U.P." (COMMERCIAL-SPECIAL USE PERMIT), FOR RESTAURANT USE WITH SPECIAL CONDITIONS, ON A 0.55 ACRE TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF SANDY LAKE ROAD AND DENTON TAP ROAD, COPPELL, DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS LOT 1, BLOCK A, OF TOWNOAKS CENTRE SUBDIVISION, COPPELL, DALLAS COUNTY, TEXAS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN SHOWN IN EXHIBIT "A" AND THE ELEVATION PLAN AS SHOWN IN EXHIBIT "B"; 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. S-1091 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 to grant a change in zoning from "C" (Commercial) to "C- S.U.P. (Commercial, Special Use Permit), for restaurant use with sp. ecial conditions, on a 0.55 acre tract of land located at the southeast comer of Sandy Lake Road and Denton Tap Road, ACaCK~917 Coppell, Dallas County, Texas, and being more particularly described as Lot 1, Block A, of Townoaks Centre Subdivision, Coppelk Dallas County, Texas. SECTION 2. That the above change in zoning is hereby granted, subject to the following special condition: 1. The property shall be developed and used only in accordance with the Site Plan, attached hereto as Exhibit "A", and the Elevation Plan attached hereto as Exhibit "B", and made a part hereof for all purposes. SECTION 3. That the Site Plan as shown in Exhibit "A~', and the Elevation Plan as shown in Exhibit "B", attached hereto 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. AGG-06917 SECTION 7. 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 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 f'me 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 fi:om 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 ~day of 1995. APPROVED AS TO FORM: PETER G. SMITH, CITY ATTORNEY (PGS/jd 3-20-95) APPROVED: TOM MORTON, MAYOR ATTEST: AGG0~17 rn NIEW CONSTI~UCTION E~XISTING CONSTI~UCTION Mayor Pro Tem Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (Mayoi ~sent) and Cavanaugh (Sheehan) voting in favor of the motion. 18. Consideration and approval of an Ordinance for S-1091, to change the zoning from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) for restaurant use with special conditions, on a 0.55 acre tract of land located at the southeast corner of Sandy Lake Road and Denton Tap Road, and authorizing the Mayor to sign (Student). City Manager Kyle Roach (Jim Witt) stated that the restaurant is Slider & Blues and stated that they were basically expanding the patio area. Councilmember Arnt (Watson) inquired of the City Manager whether any trees would be lost. City Attorney Christina Jones (Pete Smith) asked what measures were being taken to preserve the trees. City Manager Kyle Roach (Jim Witt) stated that any trees that are lost will be replaced. Councilmember Cavanaugh (Sheehan) moved to approve Ordinance No. 91500-A-86 for S-1091 to change the zoning from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit) for restaurant use with special conditions, on a 0.55 acre tract of land located at the southeast corner of Sandy Lake Road and Denton Tap Road, and authorizing the Mayor to sign. Councilmember Hunt (Reitman) seconded the motion; the motion carried 6-0 with Mayor Pro Tern Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi (~..~0 and Cavanaugh (Sheehan) voting in favor of the motion. City Attorney Christina j6~i~"('P~"smith) inquired as to how the change would affect the traffic. Ken Griffin, Assistant City Manager/City Engineer, made a presentation to the Council. 19. Consider awarding Bid # Q-0195-02, for Official Newspaper of the City of Coppell to Citizens' Advocate Newspaper of Coppell, Texas for a period of one year with two one-year options to renew (Student). City Attorney Christina Jones (Pete Smith) stated that bids were sent to seven firms and responses were received from two. The lowest bid meeting specifications was received from the Citizens' Advocate Newspaper of Coppell, Texas. It was recommended that the bid be awarded to the Citizens' Advocate. Mayor Pro Tem Bellah (Robertson) moved to approve and award Bid #Q-0195-02, for Official Newspaper for the City of Coppell to Citizens' Advocate Newspaper of Coppell, Texas for a period of one year with two one-year options to renew. Councilmember Rogers (Alexander) seconded the motion; the motion carried 6-0 with Mayor Pro Tern Bellah (Robertson) and Councilmembers Rogers (Alexander), Anderson (Sturges), Arnt (Watson), Hunt (Reitman), Choi ~iiiii!~0 and Cavanaugh (Sheehan) voting in favor of the motion. CM032895 Page 6 of 12