OR 91-500-A-354 Operation of a restaurant on 2nd floor 200 Fitness Ct. Dr.AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-354
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-1208"
(COMMERCIAL-SPECIAL USE PERMIT - 1208) TO GRANT A SPECIAL
USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO
BE LOCATED ON THE SECOND FLOOR WITHIN THE EXISTING
FACILITY AT 200 FITNESS COURT DRIVE AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SECOND LEVEL FLOOR PLAN, RESTAURANT FLOOR PLAN AND
EXTERIOR SIGNAGE, ATTACHED HERETO AS EXHIBITS "B", "C", AND
"D", 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 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-1208 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-1208"
(Commercial - Special Use Permit-1208) to grant a special use permit for the operation of a restaurant
to be located on the second floor of the existing facility at 200 Fitness Court Drive and being more
particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes, subject
to special conditions.
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SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the
following special condition:
(A) That the site shall be developed in accordance with the approved second level floor
plan, restaurant floor plan and exterior signage, which are attached hereto as conditions
to the use granted herein.
(B) The hours of operation shall not exceed those in effect for Everybody Fits.
SECTION 3. That the Second Level Floor Plan, Restaurant Floor Plan and Exterior Signage,
attached hereto as Exhibits "B", "C", and "D", 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.
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.
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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 this purpose.
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 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
, 2003.
APP~I).'~~
DOU~'A~S 1'~. STO~/E,~,, MAYOR
ATTEST:
CITY SECRETARY
(REH/cdb 8/26/03)
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LEGAL DESCRIPTION
WHEREAS, EVERYBODY FITS, I,.P. is the owner of a tract of land situated in the Cmorge W. Jack Survey,
Abstract No. 694 m the City of Coppell, Dallas Cmmtv, Texas and also bcmg all of Lot 2. Block ';A" of
DENTON TAP DEVF..EOPM'E. NT, an Addition to thc CiW of Coppcll, Dallas County, Texas according to thc
Plat thereof recorded in Volume 98118, Page 37, Map Records, Dallas County, Texasl and being all that certain
tract of land de~ribed in l)ced to Eveo..body Fils, L.P., recorded in VoJume 20(11()5(), Page 3708, lk.-ed
Records, Dallas County, Texas m~d being more 'particularly described as tbllows:
BEGINNING at 1/2 tach iron rod found at thc Southwest comer of said DENTON TAP DEVELOPME~I', said
point also being the Northwest comer of Lot 3 of thc CONNELL SKAGGS ADDITION, a~ Addition to the
Ci~, ofCoppell, D~llas Count).', Texas according to the Plat thcrc'of recorded in Volume 88006, Page 5895, Map
Records, Dallas County,, Texas, said point also being in the East line of the S1LADYDALE ACRES
ADDITION, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded m
Volume 41, Page 71, Map Records,'Dallas County, Texas:
THENCE North 04) deg. 22 min. 16 sec. West, along thc East line of said SttADYDALE ACRES ADDITION
and the West line of mid DENTON TAP DEVE. I,OPMENT, a distance of 472.00 feet to a 1/2 tach iron rod
with a plastic cap stamped "DAA" ~t for comer,
THENCE North 88 deg. 39 min. 39 mc. East, along the North linc of ~id DENTON TAP DEVF, I,OPMENT
and the South line of IOWN CENTER WEST, an Addition to the City' of Coppell, Dallas County, Texas
according to the Plat thereof recorded in Volmne 2000176, Page 1787, Map Records, Dallas Cotmty? Texas, a
distance of 444.99 feet to a 1/2 inch iron rod with a plastic cap ,,,'tamped 'q-)AA" ,set fi~r comer,
_D_~tE;~E_' Sou[h (~) deg. 22 min. 16 sec. East, a distance of 200.48 feet to a 1/2 inch iron md set for comer m
the North line of North Te~s Court, a variable width public right-of-way, said point being in a non-tmtgcmt
curve to the left having a central angle of 11 deg. 31 min. 21 ,sec., a radius of 225.(10 feet and a chord be~mng
and distance of North 85 deg. 35 min. 49 sec. West, 45.17 feet;
THE-N__C_F_- Northwesterly, along the North line of mid North Texas Court and said curve to the left an arc
distance o1'45.25 feet to a 1/2 inch iron rod w~th a plastic cap stamped "DAA' set for comer;
THENCE South 88 deg. 38 min. 30 sec. West, continuing along the North line of said North Texas Court a
distance of 110.01} feet to a 1/2 inch iron rod with a plastic cap stamped "I)AA" .set for comer in the East line of
Lot 2, Block "A" of said DENTON TAP DEVELOPMENT;
'I21ENCE with the East line of said DENTON TAP DEVELOPME1VI' the following three (3) courses
distances: South 00 deg. 22 nun. 16 sec. East, a distm~cc of 23.52 feet to a 1/2 tach iron rod with a plastic cap
stamped "DAA" set for comer in a non-tangent curve to thc left, having a central angle of 77 deg. 44 mm 33
sec., a radius of 65.50 feet and a chord beanng and distance of South 013 deg. 22 min. 16 ~c. East, 82.21
THENCE Southerly', along ,said curve to the left, an arc distance of 88.87 feet to a 1/2 inch iron rod ~'ith
plastic cap stamped "DAA" set fi~r comer,
THENCE South iX) deg. 22 min. 16 sec. East a distance of 170.23 feet to a 1/2 inch iron rod with a plastic cap
stamped "DAA" set for comer tn the North line of said CONNELI, SKA(KiS AI)I)II'ION;
THENCE South 88 deg. 39 min. 14 sec. West along thc South line of said DENTON TAP DEVELOPMENT
and the North line of mid CONNEI,L SKAGGS ADDITION a distance of 28996 feet to the POINT OF
.BEGINNING and containing 3.821 acres (166,467 square feet) of land
EX'lqlBIT "A*'
c.)
~flfIBIT
Photo of the Existing Sign
At EveryBody Fits
, · · DO
Where it says CAFE COMING SOON, it will be replaced with "THE BALCONY
CAFE". We will use the same dimension of 38 inches X 11.5 inches.
It will be done in the same font as existing signage currently on the front of the building.
· 200 Fitness Court · Coppell, Texas · 75019 ·
· 972.471.2345 · 972.471.2344 Fax ·
· www. EvervBod v-fits.corn*
EXHIBIT"D"