OR 91-500-A-066 Zoning change to Commercial for operation of Drive-in Restaurant AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A66
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 COMMERCIAL, SPECIAL USE
PERMIT WITH SPECIAL CONDITIONS, TO ALLOW THE OPERATION OF A
DRIVE-IN RESTAURANT ON A 0.602 ACRE TRACT OF LAND LOCATED
APPROXIMATELY 1,330 FEET SOUTH OF PARKWAY BOULEVARD, ALONG
THE WEST SIDE OF DENTON TAP ROAD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT "B", THE
LANDSCAPE PLAN ATTACHED HERETO AS EXHIBIT "C" AND THE
RENDERING ATTACHED HERETO AS EXHIBIT "D"; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING
A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING A SAVINGS CLAUSE;
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 Number S-1077 should be granted, 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, as heretofore amended, be, and the same is hereby, amended to grant
a change in zoning from Commercial to Commercial, Special Use Permit with special
conditions, for the operation of a drive-in restaurant on a 0.602 acre tract of land located
approximately 1,330 feet south of Parkway Boulevard, along the west side of Denton Tap
Road and being more particularly described in Exhibit "A" attached hereto and made a part
hereof for all purposes.
SECTION 2. That the change in zoning is hereby granted subject to the
following special conditions, to wit:
1. The property shall provide one (1) entry way or curb cut on the south side of
the property on Denton Tap Road.
2. Public access to the property shall be provided pursuant to a cross/mutual
access agreement with the adjoining William and Pat Boorhem property.
3. The specific use permit shall be in accordance with the Site Plan, Landscape
Plan, and Rendering attached hereto as Exhibits "B", "C" and "D", respectively,
and made a part hereof for all purposes.
SECTION 3. That the Site Plan, Landscape Plan and Rendering as shown in
Exhibits "B", "C" and "D" attached hereto and made a part hereof for all purposes, be, and
the same are hereby, approved.
SECTION 4. That the above property shall be used only in the manner and
for the purposes 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 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.
2
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. That any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same penalty as pro.vided 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 8. An offense committed before the effective date of this ordinance
is governed by the 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 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 ~.r.~xc4-~' ,1994.
APPROVED:
3 AGG0519B
AT-FEST:
~A GRAU, ,~SSISTANT CITY SECRETARY
APPROVED AS TO FORM:
P R G. sMITI-I, CITY ATTORNEY
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BOL~..DARY ~ESCRI~TION
BEING a tract of land situated in the George W. Jack Survey,
Abstract No. 694 in the City of Coppell, Dallas County, Texas and
.being~art of the'Tim House tract as recorded in Volume 92062, Page
3292 of the Deed Records of Dallas County, Texas and being more
particularly described as follows:
BE~INNIN9 a= a ~# iron rod found that is the southeast corner
of Lot 32 in Block "A" of Nuntington Ridge, an addition to the
of Coppell as recorded in Volume 93093, Page 1513 of the Deed
.Records of Dallas County, Texas, said Doint also being the
southwest corner of the William and Pat Boorhem tract as recorded
in volume 8]065, Page 2949 of the Deed Records of Dallas Cou/%ty,
Texas;
THENCE N. 88'18'44. g., 221.56 Zee= &long the south line of
the above said Boorhem uract to & ~" iron rod found with · plastic
cap (stamped "Kadleck") for corner on the west line of Denton
Road (a 100 foot right-of-way);
THENCE S. 00'$8'32" ~., 106.22 feet along the said wes= line
of Denton Tap Road to · M" iron rod found for corner;
THF~C~ $. 88'17'45" W., 270.00 fee= leaving the said west line
of Denton Tap Road =o a ~" iron rod set for corner;
~CE N. 00'58'~2· #., 105.76 feet to · M" iron rod se= for
corner on the south line o£ the above said Lot ~2 in 91ock "A";
THENCE N. ~7'&0'10" ~., 48.45 feet along uhe said south line
o£ Lot ~2 to the Point of Bs~innin~ and containing 0.6~ ·ores
(25,~?$ square feet) of land.