OR 91-500-A-136 Zoning change to PD Commerical, for Drive-Through Restaurant AN ORDINANCE OR THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A136
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
"PD-" (PLANNED DEVELOPMENT, COMMERCIAL) TO ALLOW A
DRIVE-THROUGH RESTAURANT, LOCATED ON THE WEST SIDE OF
MACARTHUR BOULEVARD, APPROXIMATELY 860 FEET NORTH OF
BELTLINE ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL
OF SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR
THE APPROVAL OF LANDSCAPE PLAN ATTACHED HERETO AS
EXHIBIT "C"; PROVIDING FOR THE APPROVAL OF IRRIGATION
PLAN ATTACHED HERETO AS EXHIBIT "D"; PROVIDING FOR THE
APPROVAL OF MONUMENT SIGN ELEVATION "A" ATTACHED
HERETO AS EXHIBIT "E"; PROVIDING FOR BRICK BUILDING
ELEVATIONS ATTACHED HERETO AS EXHIBIT "F"; 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.
~~S, the CiW Pl~g ~d Zo~g Co~ssion ~d ~e gove~g body of the CiW of
Coppe~ Te~, ~ ~mp~ ~ ~e laws of the State of Te~ ~d puget to the Comprehe~ive
~g Ord~ of ~e Ci~ of CoppeH, have ~v~ r~site no~ by pub~fion ~d othe~se,
~d ~er hol~g due h~gs ~d ~or~g a ~ ~d f~ h~g to ~ prope~ o~ers gen~y, ~d
to ~ p~m~ ~tere~ ~d ~t~ ~ ~e ~ ~ ~d ~ ~e ~W ~er~ ~e ~d gove~g
b~y is of~e op~on ~ Zo~g ~p~fion No. PD-154 should be approv~ ~d ~ ~e exer6~ of
le~sl~ve &~ion ~ve ~nclud~ ~at the Comprehe~ive ~g Ord~ ~d ~p should be
~dM.
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 CoppeH, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "PD-C"
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(Planned Development, Commercial) to allow a drive-through restaurant, located on the west side of
MacArthur Boulevard, approximately 860 feet north of Beltline Road, and being more particularly
described in Exhibit "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 Plan, Exhibit "C"; Irrigation Plan, Exhibit "D"; Monument Sign
Elevation "A", Exhibit "E"; and Brick Building Elevations, Exhibit "F"; and the following special
conditions for development:
(A) Plans shall be approved by the Riverchase Architectural Review Committee;
(B) All roof-top mechanical equipment and antennae shall be screened;
(C) Exterior signs shall be limited to those as shown on the Site Plan, Brick Building
Elevations and Monument Sign Elevation;
(D) Sign colors shall be limited to Plexiglas 2050 Blue, Gemini 7138 White, 3M 830-43
Red, and Black;
(E) A monument sign shall be allowed which includes the designation "at Riverchase" to
denote that the development is part of the overall Riverchase Planned Community's
architectural concept;
(F) Exterior construction and building materials shall be limited to:
1. Predominant brick - U.S. Brick Patriot Executive (l~fm~ Wells Plant)
2. Accem brick - U.S. Brick I-Iillstone (Ogden Plant)
3. Facia and trim paint - Glidden Master Palette Historic Tan 30YY 50/176.
4. Awning - Color to match Historic Tan paint color
5. Standing seam roof- same as at Sonic on Denton Tap Road.
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SECTION 3. That the Site Plan attached hereto as Exhibit "B", Landscape Plan attached
hereto as Exhibit "C", Irrigation Plan attached hereto as Exhl'oit "D", Monument Sign Elevation "A"
attached hereto as Exhibit "E", and Brick Building Elevations attached hereto as Exhibit "F", 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 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
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 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 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 ~ day of
~~~ , 1996.
APPROVED:
TOM MORTON, MAYOR
ATTEST:
LIl~r~ GRAU, CITY SECRETARY
APPROVED AS TO FORM:
PET~ G. sMrrH, crrY ^Trom, a~¥
(PGS/~ 7/11/96)
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~--OWNERS CERTIFICATE ~ND D~CATION
STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS, DALLAS AREA AFFORDABLE PARTNERS, is the owner of a tract of
land situated in the Singleton Thompson Survey, Abstract No. 1493 in the City
of Coppell, Dallas County, Texas and being part of a 6.6491 acre tract of
land described as Tract 8 in Volume 93248, Page 299 of the Deed Records of
Dallas County, Texas and also being part of the abandoned right-of-way of
Riverchase Drive (a 60 foot right-of-way), as abandoned by City of Coppell
Ordinance No. 95730, and being more particularly described as follows:
COMMENCING at an "X" found cut in concrete on the west line of MacArthur
Boulevard (a 110 foot right-of-way), said point being the southeast corner
of the above said 6.6491 acre tract; Thence S. 27'08'01" W., 30.06 feet along
the said west line of MacArthur Boulevard to the POINT OF BEGINNING, an "X"
found cut in concrete for corner, said point also being in a non-tangent
curve to the left running in a westerly direction and having a central angle
of 34'21'11"'a radius of 424.97 feet and a chord bearing of N. 82'41'51" W.;
THENCE along said curve, and leaving the said west line of MacArthur
Boulevard, 254.80 feet to the end of said curve, a M" iron rod found for
corner;
THENCE N. 29'13'41" E., 243.62 feet to a M" iron rod found for corner;
THENCE S. 60'46'19" E., 227.37 feet to a ~" iron rod found for corner
on the said west line of MacArthur Boulevard;
THENCE S. 27'08'01" W., 150.00 feet along the said west line of
MacArthur Boulevard to the Point of Beginning and containing 0.969 acres
(42,219 square feet) of land.
EXHIBIT "A"
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