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OR 91-500-A-141 Zoning change PD Commercial, for Drive-Through Restaurant AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDNANCE NO. 91500A141 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 "LI" (LIGHT INDUSTRIAL) TO "PD-C" (PLANNED DEVELOPMENT, COMMERCIAL) WITH CONDITONS TO ALLOW A DRIVE-THROUGH RESTAURANT AND A SEPARATE RETAIL/RESTAURANT BUILDING LOCATED AT THE SOUTHWEST CORNER OF BELTLINE ROAD AND MACARTHUR BOULEVARD, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR DEVELOPMENT CONDITIONS; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR THE APPROVAL OF THE LANDSCAPE SITE PLAN, ATTACHED HERETO AS EXHIBIT "C"; PROVIDING A REPEALING CI,AUSE; 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. WHF~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 thereof, the said governing body is of the opinion that Zoning Application No. PD-157 should be approved, and in the exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended. NOW, TllEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE CITY OF COPPEIJ~ 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 "LF' (Light Industrial) to "PD-C" (Planned Development, Commercial) to allow a drive-through restaurant and a separate 1 SS3196 retail/restaurant building, located at the southwest comer of Beltline Road and MacArthur Boulevard and more particularly described in Extu~bit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with the Site Plan, Exhibit "B"; Landscape Site Plan, Exhibit "C"; and the following special conditions for development: (A) All buildings on the property shall be constructed according to the following approved building materials: Exterior Finishes and Colors: FIELD BRICK: Acme brick - Royal Birkdale, blend No. 138 ACCENT BRICK: Acme brick - Castel brown, blend No. 254 GLAZF. D TILE: Elgin-Butler - 8" x 8", color #5000 ROCKFACE CMU: Featherline Building Products Corp., 8" x 16", color Limestone (Dallas Plant) METAL RAILING: Paint Satin Black BACK WALL: Paint to match STO color 10611 Moonlit Sand (wall, doors, door times, downspouts and gutters, etc) E.I.F.S.: STO - color 10611 Moonlit Sand 64, Quarzputz finish ~t) STOREFRONT: Kawneer - 450 series & 190 nan'ow stile Doors dark bronze anodized aluminum Clear glass (tempered as required); (B) One 48 square foot monument sign as submitted for the retail/restaurant building and one additional monument sign for the McDonald's less than 40 square foot shall be allowed; both signs must meet all City requirements for signage. (C) The window sign on the east elevation of the McDonald's building shall be removed from the glass; (D) Restaurant usage on the property (including ice cream, yogurt, bagel, sandwich, coffee, deli shops, and the like) shall be limited to a total of 15,900 square feet of interior space and 800 square feet of exterior patio area; 2 ss3196 (E) No outside storage shall be allowed; (F) All rooftop mechanical equipment must be screened fi.om view; (G) The location of fire hydrants needs to be approved by the Fire Department; (Iff) An off-site drainage map showing that the drainage system in MacArthur Boulevard is designed to handle drainage fi.om the property shall be provided (I) A drainage area map showing hydraulic calculations shall be provided; (J) Coordinate with the Dallas County Engineer for drainage needs of Beltline Road. (K) An area at least 4-feet wide shall be constructed along the west side of the restaurant/retail building, containing landscape screening (such as photinia, cherry laurel, wax myrtle, etc.) reaching a minimum height of 6 feet covering 80 percent of the total length of the building. SECTION 3. That the Site Plan attached hereto as Exhibit "B", the Landscape Site Plan attached hereto as Exhibit "C", and made a part hereof for all purposes, is 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 Comprehensive Zoning Ordinance 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 3 ss3196 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 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 mended, 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 zomg 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 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 ocYz~, day of ~~4./ ,1996. // ~'~1~ MORTON, MAYOR ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: a. sMrri- crrv ^TTOm, (PGS/ttl 9/23/96) 4 ss3~% --'----- OWNER'S CER~FICATE, STATE OF TEXAS COUNTY OF DAllAS CITY OF COPPELL WHEREAS, Beltllne/MacArthur, J.V. is the owner of a tract of land situated in the SINGLEI'ON THOMPSON SURVEY, Abstract No. 1493, Dallas County, Texas and being all of Pads B, C and D of the REPLAT OF VALLEY RANCH PLAZA-PADS B THROUGH I as recorded in. Volume 89080, Page 2337 of' the Deed Records of Dallas County, Texas (DRDCT) and being all of Pads E and F of REPLAT OF A REPLAT OF VALLEY RANCH PLAZA PADS 'E* THROUGH as recorded In Volume 92126, Page 3239 (DRDCT) and all of FINAL PLAT OF VALLEY RANCH PLAZA - TRACT A as recorded in Volume 88035, Page 1671 (DRDCT) and being more particularly described as follows: BEGINNING at a l/2 inch iron rod found at the intersection of the westerly line of MacARTHUR BOULEVARD (,,a 100 foot right-of-way) and the southerly line of BELT LINE ROAD (a 120 foot right-of-way); THENCE South 00'10'00' West, along the westerly line of said MacARTHUR BOULEVARD, a distance of 480.26 feet to an 'X" in concrete found; THENCE North 89'50'00" West, leaving the westerly line of said MacARTHUR BOULEVARD, a distance of 199.74 feet to a l/2 inch iron rod found; THENCE South 72'08'41' West, a distance of 129.22 feet to a 5/8 inch iron rod found; THENCE North 89'50'00' West, a distance of 7'7.38 feet to o 5/8 inch iron rod found; THENCE North 00'10'00' East, o distance of 451.67 feet to o 5~8 inch iron rod found; THENCE North 00'O1'27' East, a distance of 97.4.3 feet to o 1/2 inch iron rod found in the southerly line of said BELT LINE ROAD; THENCE South 85'42'35" East, along the southerly line of the said BELT UNE ROAD, a distance of 401.29 feet to the POINT OF BEGINNING; CONTAINING within these metes and bounds 4.670 acres or 203,4.36 square feet of land, more or less. EXHIBI~ "~"