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OR 91-500-A-386 Stone Cold CreameryAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 91500-A-386 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 PD -157R6 -C (PLANNED DEVELOPMENT -157 REVISION 6 -COMMERCIAL) TO PD -157R6 -C -S-1216 (PLANNED DEVELOPMENT -157 REVISION 6 -COMMERCIAL -SPECIAL USE PERMIT -1216), TO ALLOW THE OPERATION OF AN APPROXIMATE 1,600 SQUARE -FOOT RESTAURANT TO BE LOCATED AT 809 S. MACARTHUR BOULEVARD MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, AND SIGN PLAN, 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-1216 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 PD -157R6 -C (Planned Development - 157 Revision 6 -Commercial) to PD -157R6 -C -S-1216 (Planned Development -157 Revision 6 - Commercial -Special Use Permit -1216), to allow the operation of an approximate 1,600 square -foot restaurant to be located at 809 S. MacArthur and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to special conditions. SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) Hours of operation shall be permitted between 11:00 a.m. to 11:00 p.m., Sunday through Saturday. (B) The site shall be developed in accordance with the approved site plan, floor plan, and sign plan, which are attached hereto as conditions to the use granted herein. (C) The raceway for the sign shall match the color of the building. SECTION 3. That the Site Plan, Floor Plan, and Sign Plan, 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. 2 66275 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 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 /b ` (/ day of a 2004. APPROVED AS TO FORM: ROBERT E. HALER, CIT ATT (REH/cdb 7/16/04) [Reviewed Only] ATTEST: (L Az. ..BA-ft,CITY SE.RETARY 66275 Legal Description for SUP 1216 — Stone Cold Creamery 809 South MacArthur Boulevard Being located in Tract A -R of the Valley Ranch Plaza Addition, an addition in the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in Volume 97135, Page 2395, of the Map Records of Dallas County Texas. EXHIBIT `A' AfED—TC11 LATTACI 0 C. C x C.C. PACKETJ O'D On c - v GENERAL NOTES L?i ll.. L... ID W TWa DRAW TOTAL (P.I" LANDSCAPING DATA 0 d Lu z 0. € m A m l � ��� o. N11 i` M, PHASE I HATERIALS 8011- �Yrrt T I I- I I I I T of ;s QHIP, --- ----------------------- >------------------------ PHASE 11 LANDSCAPE PLAN NORTH MAC ARTHUR BOULEVARD - - - - - - BG AL E; V-3,0' PHA81 1 LANDSCAPE DATA SITE DATA 41--7 TX k- - - - - - - - - - 0 A T A NORTH RW 4 OALLK T6Rk 00trJ&MW SIGN! DIrrAL PMAIIII I LANDSCAPE DATA ORMAPPROVAL PHASE I MATERIALS 6CHE-6ULfi PROJECT DATA LOCATION MAP M /PEOUNMIENT PUN KEY NOTES o mw� c 0 KEY NOTES (CaViXeCJ CD EWPUP. Ipi JOB MIMMIN - Im .om. MIMEMI v.m. ===�... Oxon ®������ O.on��� .mo. �����ME LIMBO�i��� ME o. o .nmsElm MLIHMI� MEN UU=Ummm .000��� MIME mm inm, ei �iimmo nion .��om o.mME uOun=mummm MIME 0 MIME of©. ®e�s��wnvii������ ME oioMIME o �¢v°�i���MEN o m. ©�sooMIME o�oo MEN 0.0. E ��MEN Lim MEN -. ,.was Oioo�=r � -���MINE ME gioo WE MINE OEM IN.09 0 IN IN i I GROUPING t5MNHTH STrcEr, sIuo Pte,)mraTT m u5u -Tmm (to2)z� m2r5! FAK YASSAVANTVISMU EUIXAaN M OWNER LER HO 1503 ORYaERLEAF LANE u TOy Tie limn PROJECT TRLE COLD STONE dBA w B LTLME 1 MALARlM1R COPFELL, TX 15019 STOFE q]15 i SHEET TRLE ROOK / EOYRIFNT PLdNS AND EdYP'4N! SCMEDLLE SHEET NO, A-2 I bd N d Aluminum Channel Letter Detail All Signage to Bear UL Label All component backs to be .090 Aluminum Letter Trim Cap -.090 Aluminum Retainer Ring - Awigrip .325 -Black Urethane Paint (H2O08) Medallion Trim Cap - .090 Aluminum Retainer Ring - Awlgrip 325 - Black Urethane Paint (H2O08) Letter Neon - Clear Red, 12mm, Double Stroke Medallion Neon - 6500 White, 12mm, Double Stroke Letter Face - Rohm & Haas - While - .1875" Medallion Face - Rohm & Haas - White - .1875", SG Impact Resistant with Red PMS 187, Red PMS 1807, Gold PMS 1245 & Yellow PMS 123 detail to be Scotchpdnt Vinyl - maximum exterior life. Letter Return - 5" Deep-.063aluminum -Awigrip 325 - Black Urethane Paint (H2O08) Medallion Rehm - 5" Deep -.063 aluminum - Awigrip 325 - Black Urethane Paint (H2O08) Protect Name: Cold Slone Creamery #1275 Owner Name: Leroy Ho Development: Valley Ranch Plaza Address: City: Copell State: TX • All buildiing penetrations for electrical and mounting will be through mortar joints only Landlord Approval: 20' frontage