OR 91500-A-526 PD-240-HCAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500 -A -526
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- 240 -HC (PLANNED DEVELOPMENT-240-
HIGHWAY COMMERCIAL) TO PD- 240R -HC (PLANNED
DEVELOPMENT -240 REVISED- HIGHWAY COMMERCIAL), TO ATTACH
A DETAIL SITE PLAN TO ALLOW THE DEVELOPMENT OF A 6,468
SQUARE- FOOT RESTAURANT WITH A DRIVE -THRU ON 2.067 ACRES
OF PROPERTY LOCATED AT THE NORTHWEST CORNER OF S.H. 121
AND DENTON TAP ROAD, LOT 5, BLOCK A, NORTH GATEWAY PLAZA
AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A
ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING FOR THE APPROVAL OF THE DETAIL SITE
PLAN, DETAIL LANDSCAPE PLAN, FLOOR PLAN, DETAIL
ELEVATIONS AND SIGN PACKAGE ATTACHED HERETO AS EXHIBITS
"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.
PD- 240R -HC 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- 240 -HC
TM 37304.2.000
(Planned Development- 240 Highway Commercial) to PD- 240R -HC (Planned Development
240 Revised Highway Commercial), to attach a Detail Site Plan to allow the development of
a 6,468- square -foot restaurant with a drive -thru on 2.067 acres of property located at the
northwest corner of S.H. 121 and Denton Tap Road, Lot 5, Block A, North Gateway Plaza,
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
following development conditions as set forth herein below;
A) This development shall be developed in accordance with the Conceptual
PD- 240 -HC, which shall be incorporated herein.
B) The development shall be in accordance with the site plan, landscape plan,
floor plan and elevations incorporated herein.
C) More than 50% of the required parking is allowed to be located in the
front of the building.
D) The hours of operation shall not exceed 7:00 a.m. to Midnight (12:00 a.m.)
seven days a week.
E) The monument sign shall be allowed to be 6' x 15' in size as shown on the
monument sign elevation, located as depicted on the Site Plan and shall be
allowed to contain the subdivision name in pin mounted letters and an
aluminum pan sign indicating Rosa's Cafe, as illustrated on Exhibit "F -1
attached hereto.
F) A movement control sign shall be permitted as indicated on the Site Plan
and shown on the movement control sign elevation, on Exhibit "F -2
attached hereto.
TM 37304.2.000
SECTION 3. That Detail Site Plan, Detail Landscape Plan, Floor Plan, Detail
Elevations and Sign Package attached hereto as Exhibits `B "C "D "E" and "F
respectively, and made a part hereof for all purposes as special conditions, are hereby
approved.
SECTION 4. That the above property shall be developed and used only in the manner
and for the purpose provided for by the Highway Commercial (Highway Commercial) District
regulations, 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.
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.
TM 37304.2.000
SECTION S. 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 4: 7 i
day of 2009.
APPRO
ROB RT i GER, 1! ATTORNEY
(REH/cdb Review
Revised 6/2/09)
APPROVED:
JA E PETERS, MAYOR
ATTEST:
LIBBY BALL
SECRETARY
TM 37304.2.000
STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
LEGAL DESCRIPTION
North Gateway Plaza Lot 5, Block A (Rosa's Cafe)
2.067 acres of land situated in the CLARINDA SQUIRES SURVEY, Abst. No. 1682, and the WILLL41M T.
HYDER SURVEY, Abst. No. 1793, Dallas County, Texas, being a portion of that certain tract of land conveyed
to CDI Gateway, LTD., by deed recorded in Volume 2005109, Page 11570, Deed Records, Dallas County, Texas,
said 2.067 acre of land being more particularly described, as follows:
BEGINNING at a 1/2" iron set in the north line of State Highway No. 121 (r.o.w. varies), in the
southerly line of said CDI Gateway, LTD. tract, 604.20 feet from its most westerly southwest corner;
THENCE North 24 degrees 49 minutes 53 seconds East, 239.00 feet to a 1/2" iron set:
THENCE South 64 degrees 43 minutes 05 seconds East, 14.30 feet to a 1/2" iron set;
THENCE North 89 degrees 56 minutes 23 seconds East, 249.73 feet to a 1/2" iron set in the west line
of Denton Tap Road (r.o.w. varies), in the east line of said CDI Gateway, LTD. tract, 696.23 feet from its
northeast corner;
THENCE South 00 degrees 15 minutes 42 seconds East, along the common line of said CDI Gateway, Ltd.
and Denton Tap Road, 260.69 feet to a 1/2" iron set;
THENCE South 89 degrees 44 minutes 31 seconds West, continuing along said CDI Gateway. LTD. and
Denton Tap Road 0.22 feet to a 1/2" iron set;
THENCE South 61 degrees 44 minutes 41 seconds West, 134.95 feet to a 1/2" iron found;
THENCE North 65 degrees 09 minutes 04 seconds West for a
distance of 270.13 feet to the POINT OF BEGINNING and containing 2.067 acres of land
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