OR 91500-A-797 Tim Horton'sCity of Coppell Ordinance Pg 1
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-797
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-295-HC (PLANNED DEVELOPMENT-295- HIGHWAY
COMMERCIAL) TO PD-295R5-HC (PLANNED DEVELOPMENT-295
REVISION 5- HIGHWAY COMMERCIAL) TO REVISE THE PLANNED
DEVELOPMENT TO ALLOW FOR A 1,600-SF RESTAURANT WITH A
DOUBLE DRIVE THROUGH, AS PROVIDED HEREIN IN A DETAIL SITE
PLAN, ON 0.76 ACRES OF PROPERTY LOCATED AT THE SOUTH SIDE OF
SH 121 BETWEEN FREEPORT PARKWAY AND NORTHWESTERN DRIVE,
FOR THE PROPERTY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO
AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL THE
DETAIL SITE PLAN, LANDSCAPE PLAN, BUILDING ELEVATIONS, AND
SIGNAGE; ATTACHED HERETO AS EXHIBITS “B” THOUGH “E”; AND
PROVIDING FOR DEVELOPMENT REGULATIONS; 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-295R5-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 by granting a change in zoning from PD-295-HC (Planned Development-
295- Highway Commercial) to PD-295R5-HC (Planned Development-295R5- Highway
Commercial) to allow for a restaurant with a double drive-through, as provided herein in a Detail
Site Plan, on 0.76 acres of property located on the south side of SH 121 between Freeport Parkway
and Northwestern Drive, for the property described in Exhibit “A” attached hereto and made a part
City of Coppell Ordinance Pg 2
hereof for all purposes; to provide for those uses of said buildings to allow in Highway Commercial
District zoning except as provided herein; and, to approve the Detail Site Plans, Detail Landscape
Plan, Building Elevations, and Signage for said development, and made part hereof for all purposes,
subject to the detailed Site Plan and development regulations as amended and provided in this
ordinance.
SECTION 2. That the Property will be used and developed for a restaurant with a double
drive-through as provided in PD-295R6-HC and Code of Ordinances, is hereby approved subject to the
following development regulations:
A. The property shall be platted prior to the issuance of a building permit.
B. A tree removal permit shall be required prior to the removal of any trees on the site.
C. PD Additional Regulations:
1. To allow for the fifty square feet (50 sq. ft.) (combined) attached building
signage as depicted on the elevations, Exhibit “D”.
2. Plans for the future focal point/linear park shall require administrative
approval.
3. Parking shall be allowed in the front yard as depicted in Exhibit “B”.
4. The brick on the trash enclosure shall match the brick on the building and
have a pedestrian opening.
5. That all other signage shall comply with City sign ordinance and regulations.
6. Future sidewalk adjacent to 121 Service Road shall be constructed by
property owner when deemed necessary by the City Engineer.
7. The building materials shall be as indicated on the building elevations, Exhibit
“D” and notes contained on the attached Exhibits “B” through “E”.
D. All on-site lighting elements on the parking and building provided will not exceed the
maximum standard of the City of Coppell Development Code article 36 standards for
glare and lighting.
City of Coppell Ordinance Pg 3
SECTION 3. That the Detail Site Plan, Landscape Plan, Building Elevations, and Signage
attached hereto as Exhibits “B” though “E”; respectively shall be deemed as development regulations
to this development.
SECTION 4. That the above property shall be used and maintained only in the manner and for
the purpose provided in this ordinance, as heretofore amended, and as amended herein.
SECTION 5. That the development of the property herein shall be in accordance with building
regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or
amended herein.
SECTION 6. 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 7. 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 8. 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 9. 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.
City of Coppell Ordinance Pg 4
SECTION 10. 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 8th day of
August, 2023.
APPROVED:
WES MAYS, MAYOR
ATTEST:
ASHLEY OWENS, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT HAGER, CITY ATTORNEY
SECTION 10. 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
b!WjV?st-, 2023.
ATTEST:
APPROVED AS TO FORM:
C ity of Coppe ll Ordinan ce Pg 4 4856-6259-9025 , V. 1
Exhibit “A”
Page 1 of 1
LEGAL DESCRIPTION
Being a 0.76 acre tract of land out of the J. Holland Survey, Abstract No. 614, situated in
the City of Coppell, Dallas County, Texas, being a portion of Lot 2R-2R, Block B of
Prologis Park One Twenty One, Lots 2R-2R & 3R, Block B, a subdivision of record in
Document Number 202200153246 of the Official Public Records of Dallas County,
Texas, and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8 inch iron rod with red plastic cap stamped “SCI” found in the
Southeast right-of-way line of State Highway 121 (right-of-way width varies), being the
North corner of said Lot 2R-2R, and being the West corner of Lot 2R-1, Block B of
Prologis Park One Twenty One Addition, a subdivision of record in Document Number
201900276648 of said Official Public Records;
THENCE, S47°53'05"E, leaving the Southeast right-of-way line of State Highway 121,
along the Northeast line of said Lot 2R-2R, being the common Southwest line of said
Lot 2R-1, a distance of 200.35 feet to a 1/2 inch iron rod with green plasti c cap stamped
"EAGLE SURVEYING" set, from which a 5/8 inch iron rod with red plastic cap stamped
“SCI” found bears S47°53'05"E, a distance of 2.41 feet;
THENCE, leaving the Southwest line of said Lot 2R-1, over and across said Lot 2R-2R,
the following two (2) courses and distances:
1. S42°03'58"W, a distance of 164.42 feet to a 1/2 inch iron rod with green plastic
cap stamped "EAGLE SURVEYING" set;
2. N47°53'05"W, a distance of 200.14 feet to an “X” cut set in the Southeast right-of-
way line of State Highway 121, being the common Northwest line of said Lot 2R-
2R, from which an aluminum TxDOT monument found bears S41°59'33"W, a
distance of 55.83 feet;
THENCE, N41°59'33"E, along the Southeast right-of-way line of State Highway 121 and
the common Northwest line of said Lot 2R-2R, a distance of 164.42 feet to the POINT
OF BEGINNING, and containing an area of 0.76 of an acre (32,925 square feet) of land.
Exhibiti "B"Page 1 of 1
Exhibit CPage 1 of 1
Exhibiti "D"Page 1 of 2
Exhibiti "D"Page 2 of 2
Exhibit "E"Page 1 of 4
Exhibit "E"Page 2 of 4
Exhibit "E"Page 3 of 4
Exhibit "E"Page 4 of 4