OR 91-500-A-218 Changing zoning to "C-SUP" for Burger King Drive-Through restaurant AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A218
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 A DRIVE-
THROUGH RESTAURANT FOR THE PROPERTY DESCRIBED IN
EXHIBIT "A" ATTACH'ED HERETO; PROVIDING FOR SPECIAL
CONDITIONS; PROVIDING FOR THE APPROVAL OF ~ SITE PLAN,
FLOOR PLAN, BUI1,DING EI,EVATIONS, LANDSCAPE PLAN, AND
CORPORATE SIGN COLOR ELEVATION ATTACHED HERETO AS
EXFHRITS "B", "C', "D", "E" AND "F", RESPECTIVELY; 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-1157 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 fi'om "C" (Commercial) to "C-S.U.P."
(Commercial, Special Use Permit) for a drive-through restaurant, subject to special conditions for the
property described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SS2385g
SECTION 2. That the Special Use Permit for a drive-through restaurant is hereby approved
subject to the following special conditions:
(A) The cardinal red tile on the building shall be substituted with a more muted color of
red.
(B) Reduce the cap width on the playground area of the building.
(C) The property shall be developed and used only in accordance with the Site Plan, Floor
Plan, Building Elevations, Landscape Plan and Corporate Sign Color Elevation
attached hereto as Exhibits "B', "C', "D', "E" and "F".
SECTION 3. That the Site Plan, Floor Plan, Building Elevations, Landscape Plan and
Corporate Sign Color Elevation attached hereto as Exhibits "B", "C', "D", "E" and "F", 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 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.
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SECTION 7. An offense committed before the effective date of this ordinance is govemed 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 from and at, er 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 13th day of
April ,1999.
APPROVED
CANDY SHEEHAN, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/ttl 3/17/99)
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LEGAL DESCRIPTION
BEING a 1.040 (45,282 square fee() acre tract of land situated in the
Singleton Thomson Survey, Abstract Number 1493, in the City of Coppell.
Dallas County, Texas, being o portion of o 9.891 acre tract of land
recorded in Volume 97098 Page 1191 of the Deed Records of Do#as
County, Texas and being more particularly described by metes and bounds
as follows:
BEGINNING at on 'X" cut in concrete found for the northeast corner of
the herein described tract of land located in the westerly right-of-way
line of MacArthur Boulevard (a 110 foot right-of-way);
THENCE South 27'08'0I" West, a distance of 81.84 feet along the westerly
r~ght-of--woy line o£ Mac. Arthur 8oulevord to a I/2 inch iron set for
corner and being the Beginning of o Curve to the right;
THENCE in o southwesterl, v direct/on along the arc of said curve to the
right, havinq, a Radius of 85.00 feet, o Central Angle of 18'II"~12'~ and
Arc Length of 26.98 feet, a l'ongent Length of IJ~.61 feet and having o
Long Chord which bears South ,T6'14'40" West, 26.87 feet to o lJ2 inch
iron rod set for corner and being the point of a Reverse Curve:
THENCE in a southwesterly direction along said Reverse Curve to the left
having o Radius of 115.00 feet. o Centrot Angle of 18'I I'18', on Arc
length of .~6.5I feet, a Tangent Length of 18.41 feet and hovin~ o Long
Chord which bears South .16'l_t'40' West, .~6. J5 feet to a I/2 inch iron
rod set for corner and being the l?oint of a Compound Curve to the left;
THENCE in o southwesterly direction along sold Compound Curve to the
left. having a Radius of 885.00 feet, o Central Angle of 04'59'.16; on Arc
Length of 77. 12 feet, o Tangent Length of J8.59 feet and hov,'ng o Long
Chord which bears ~outh 24'$8'I.~' West. 77. IC feet to o 1~2 inch iron
rod set for the southeast corner;
THENCE North 69'4J'02' l~'est a distance of 154.99 feet to a I~2 inch
~ron rod set for southwest corner;
THENCE North a distance of 146.79 feet to o I/2 inch iron rod set for
an on,Jla corner.
THENCE North 2g'lj'41" East. a distance o: .~4.9£ feet to o I/2 ,nth
tren rod found for the northwest corner and being the Beginning of
Curve to the right: whose center bears South 09'52~3" East:
THENCE in o southeasterly direction along the arc of said Curve to the
r,ght, same be[rig the centerline of Future Riverchose Orive, based on
w~dth of 60 feet. having ~ Rod~us of 424.97 feet, a Central ~ngle of
21'I0". and Arc Length of 254.80 feet. o ;ongent Length of l.~l. J6 feet
and hr]ring o Lan9 Cho'd which bears North 82'4 1'48" East. 251 DO feet
to PLACE OF 8EGIfVNING and containing 1.040 acres (45.28,2 square
of land.
EXlIIBIT
EX~TBIT "C"
EXHIBIT