CC approval of ORD 12/8/98AGENDA REQUEST FORM
CITY COUNCIL MEETING:
December 8, 1998
ITEM
1TEM CAPTION:
Consider approval of an Ordinance for Case No. S-1151, ~, zoning change request from C (Commercial) to C-
S.U.P. (Commercial, Special Use Permit) to allow the operation of a 1,000 square foot Chinese take-out restaurant in the
future Coppell Crossing shopping center to be located at 761 S. MacArthur Blvd., and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF RECOMMENDS: APPROVAL
APPROVED
BY
COUNCIL
DATE .
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
This zoning change was unanimously approved by Council on November 10, 1998, by a vote of 7-0.
DIR. INITIALS:
Agenda Request Form - R~vised 3/98
FIN. REVIEW:
CITY MANAGER REVIEW: //fi/
-/
Document Name: ~sllSlo
AN ORDINANCE OF THE CITY OF COPPELL~ TEXAS
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING ~ COMPREBENSIVE ZONING ORDINANCE AND MAP
OF ~ CITY OF COPPEIJ., TEXAS, AS H'ERETOFORE AMENDED, BY
GRANTING A CItANGE IN ZONING FROM "C?' (COMMER~) TO "C-
S.U.P." (COMMER~ SPECIAL USE PERMIT) TO AIJ~OW A
RESTAURANT WITH TAKE-OUT SERVICE FOR THE PROPERTY
DESCRIBED IN ~IT "A" ATrACI~D HERETO; PROVIDING FOR
SPECIAL CONDmONS; PROVIDING FOR THE APPROVAL OF ~
RETAIL CENTER SITE PLAN, OVERAI,I, EAST ELEVATION, SIGN
ELEVATION AND EQUIPMENT PLAN, ATrA~D I~ERETO AS
EXHIBITS "B", "C", "D", AND "E", RESPECTIVELY; PROVIDING A
REPEAl,lNG CLAUSE; PROVIDING A SEVERABII,1TY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOI,IARS ($2,000.00)
FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WI~REAS, 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 thereot~ the said governing
body is of the opinion that Zoning Application No. S-1151 should be approved, and in the exercise of
legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be
amended.
NOW, TIq-EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~ CITY
OF COPPEI,I, 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 with take-out service, subject to special
conditions for the property described in Extu'bit "A" attached hereto and made a part hereof for all
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SECTION 2. That the Special Use Permit for a restaurant with take-out service is hereby
approved subject to the following special conditions:
(A) Exterior sign dimensions shall not exceed 16 square feet and shall be ivory in color.
(B) The hours of operation are as follows:
Sunday through Thursday 11:00 a.m. to 9:30 p.m.
Friday and Saturday 11:00 a.m. to 10:30 p.m.
(C) In the event ownership of a property is transferred ~om the original grantee to a new
owner or new operator or in the event the owner or operator of a property ceases to
operate the reataurant business use for a period in excess of ninety (90) days, the
Planning and Zoning Commission or the City Council may initiate a zoning change to
consider the zoning dassification of the property back to its original zoning
classification or such other classification as may be appropriate for the property.
(D) The property shall be developed and used only in accordance with the spedal
conditions and the Retail Center Site Plan, Overall East Elevation, Sign Elevation and
Equipment Plan attached hereto as Exla"oits "B", "C", "D", and "E" respectively.
SECTION 3. That the Retail Center Site Plan, Overall East Elevation, Sign Elevation and
Equipment Plan attached hereto as Exba~oits '~", "C", "D" and "h", 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.
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SECTION 5. 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.
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.
SECI~ON 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
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 t~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
e t~4 ~ t~' ,1998.
APPROVED AS TO FORM:
~ G. SMI~ CITY ATTORNEY
(PGS/ttl 11/24/98)
APPX VED:
CAfqDY SHEI~q, MA~'Y0~
ATTEST:
KATI-II~E~N ROACH, CITY SECRETARY
day of
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LEGAL DESCRIPTION
761 S. MacArthur Blvd., Suite 109, Coppell, TX 75019
EXHIBIT "A"
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