CC approval of ORD 2/12/02F
COPP-ELL AGENDA REQUEST FORM
CITY COUNCIL MEETING: February 12, 2002 ITEM #
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1149R, 7 Salsas Tex-Mex Grill, zoning change from TC
(Town Center) and TC-S.U.P-1149 (Town Center-Special Use Permit-Il49) to TC-S.U.P-1149R (Town
Center-Special Use Permit-Il49 Revised) to allow a 1,400 square-foot expansion of the existing restaurant
and private club located in Eleanor's Square retail center at 230 N. Denton Tap Road, and authorizing the
Mayor to sign.
APPROVED
BY
B~ CITY COUNCIL
SUBMITTED DATE 2-/z- 0z
TITLE: ~ D~ec~to~~ and Community Services
STAFF COMMENTST~.' (~),~,~ ~ tC~/,~Og)-~ -.~14
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On December 20, 2001, the Planning and Zoning Commission unanimously approved this Special Use
Permit (7-0).
On January 8, 2002, City Council unanimously approved this zoning change (7-0).
Staff recommends approval.
DIR. INITIALS:~o FIN. REVIE~ CITY MANAGER REVIEW:
Agenda Request Form ~- Revised 5/00 @S1149Ro
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. q/5'Oa
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 AND TC-S.U.P. 1149" (TOWN CENTER
AND TOWN CENTER, SPECIAL USE PERMIT 1149) TO "TC-S.U.P. 1149R"
(TOWN CENTER, SPECIAL USE PERMIT 1149, REVISED) TO ALLOW FOR
A 1,400 SQUARE FOOT EXPANSION OF THE EXISTING RESTAURANT
AND PRIVATE CLUB LOCATED IN ELEANOR'S SQUARE RETAIL
CENTER AT 230 NORTH DENTON TAP ROAD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN BY REFERENCE; PROVIDING
FOR THE APPROVAL OF THE SITE PLAN AND FLOOR PLAN,
ATTACHED HERETO AS EXHIBITS "B" AND "C", RESPECTIVELY;
PROVIDING FOR SPECIAL CONDITIONS; 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 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-1149R 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 "TC and TC-S.U.P. 1149" (Town Center
and Town Center, Special Use Permit 1149) to "TC-S.U.P. 1149R" (Town Center, Special Use Permit
1149, Revised) to allow for a 1,400 square foot expansion of the existing restaurant and private club
located in Eleanor's Square Retail Center at 230 North Denton Tap Road, and being more particularly
described in Exhibit "A", which is attached hereto and incorporated herein by reference.
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SECTION 2. That the Revised Special Use Permit to allow for the revision to the expansion
of the existing restaurant and private club is hereby approved subject to the following special
conditions:
A. That except as amended herein, the property shall be developed in accordance with the
conditions set forth in S-1149, which is as follows:
1. The consumption of alcoholic beverages shall be permitted in the private club
restaurant in accordance with State law.
2. The proposed hours of the restaurant shall be fi-om 11:00 a.m. to 11:00 p.m. on
Monday through Thursday; from 11:00 a.m. to 12:00 p.m. on Friday and Saturday;
and from 10:00 a.m. to 11:00 p.m. on Sunday.
3. The attached sign shall comply with the conditions specified by the City Council
during the Site Plan review of the retail building which limited all signs to a single
color in shades of light gray, light brown, beige, cream or white.
B. The development and expansion of this property shall be in accordance with the Site
Plan and Floor Plan, attached hereto and made a part hereof for all purposes.
SECTION 3. That the Site Plan and Floor Plan, attached hereto as Exhibits "B" and "C",
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.
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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. 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 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
i~"*~, 2002'
APPROVED: //f (/~)
CAND57 ~Ht~I~g~'TMAYOR
ATTEST:
LmfiY BAL[JCIT SEC TARY
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