OR 91-500-A-308 To C-SUP to allow operation of take-out restaurant, Coppell Crossing ShoppingAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-308
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
"C-S.U.P.-1192" (COMMERCIAL-SPECIAL USE PERMIT - 1192) TO
GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION
OF A TAKE OUT/DELIVERY RESTAURANT TO BE LOCATED IN THE
COPPOELL CROSSING SHOPPING CENTER, LOT 5, AT 751
MACARTHUR BOULEVARD, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN, FLOOR PLAN, ELEVATIONS, AND SIGN PLANS,
ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E",
RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS;
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. S-1192
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 "C" (Commercial) to "C-SUP."
(Commercial - Special Use Permit-1189) to grant a special use permit for the operation of a take
out/delivery restaurant to be located in the Coppell Crossing Shopping Center, Lot 5,at 751
MacArthur Boulevard, and being more particularly described in Exhibit "A" attached hereto and
made a part hereof for all purposes, subject to special conditions.
SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the
following special conditions:
(A) The hours of operation shall be from 11:00 a.m. to 12:00 p.m., Sunday through
Saturday.
(B) The site shall be developed in accordance with the approved site plan, floor plans,
elevations, and sign plans, which are attached hereto and referred to herein in
Section 3.
SECTION 3. That the Site Plan,
Exhibits "B", "C", "D", and "E",
approved.
Floor Plan, Elevations, and Sign Plans, attached hereto as
respectively, and made a part hereof for all purposes, are hereby
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 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.
2
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.
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 13th day of
Novembe, 2001.
APPROVED:
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY ATTORNEY
3 43945
WHEREAS, Coppell Crossing One, Ltd., Coppell Crossing Two. Ltd., Coppell Crossing Three,
Ltd,, Coppell Crossing Four, Ltd., Coppell Crossing Five, Ltd., ond Coppell Crossing Six, Ltd.
Are the owners of o coiled 9.891 ocre troct of Iond os evidenced by the instrument
recorded in Volume 97098, Poge 1991, Deed Records Dollos County, Texos (ORDCT) situoted
in the Singleton Thomson Survey, Abstroct Number 14.95, in the City of Coppell, Dollos
County, Texos ond being more porticulorly described os follows:
COMMENCING oto ~ inch iron rod found for the southeost corner of soid coiled 9.891 ocre
troct of Iond ond being Iocoted ot the point of intersection of the westerly right-of-woy
line of MocArthur Boulevord (o 110 feet wide right-of-woy) with the northerly right-of-woy
line of the Dollos Ropid Tronsit Authority Roitwoy (o 100 feet wide right-of-woy);
THENCE olong soid westerly right-of-woy tine of MocArthur Boutevord os follows:
North 00 degrees 02 minutes 08 seconds Eost, o distonce of 196.55 feet to o ~ inch iron
rod found for the beginning of o curve to the right having o radius of 87:.5.00 feet, a
chord bearing of North 11 degrees 05 minutes 55 seconds East, a chord length of 355.81;
· Along said curve to the right through o centrc~ angle of 22 degrees 07 minutes 34
seconds to o 3/8 inch drill hole w/PKnail set for corner;
THENCE North 69 degrees 45 minutes 02 seconds West departing said westerly
right-of-way line, o distance of 174.99 feet to o 3/8 inch drill hole found for the POINT
OF BEGINNING;
THENCE North 69 degrees 4.5 minutes 02 seconds West, o distance of 98.99 feet to o 3/8
inch drill hole w/PKnoil found for corner;
THENCE WE~ST, o distance of 11`3.15 feet to o .3/8 drill hole w/PKnoil found for corner;
THENCE NORTH, o distance of 14-5.66 feet to o ~ inch iron rod found for corner on the
easterly line of the D.P.&L. Co, 130' right-of-way os evidenced by the instrument recorded
;n Volume 4594, Page 502, Deed Records of Dotlas County, Texas;
THENCE with said easterly right-of way line North 29 degrees 13 minutes 41 seconds East,
o distance of 132.59 feet to o 5/8 inch ~ron rod with plastic cop stomped "0UNAWAY &
ASSOC" found for corner;
THENCE South 60 degrees ¢6 minutes 19 seconds Eost, o distonce of 195.00 feet to o
5/8 inch iron rod stomped "DUNAWAY & ASSOC," found for corner;
THENCE South 29 degrees 15 minutes 4.1 seconds West, odistonce of 59.2`3 feet to o ½
inch iron rod found for corner;
THENCE SOUTH, o distonce of 146.79 feet to the POINT OF BEGINNING;
~ONTAINING within these metes ond bounds 10715 ocres or 46,676 squore feet of Iond
more or less.
EXI~I~BI~ "l&"
EXHBIT "B" 6 ,~Fr(l O0
" PR(3~CT DATA
.
~ ~ ~ ~ ~ C~ &'
~ ........ Crossing.
BLDG.'
,990__ _..SO.F~
~ ~ ~~ 9911
= 01 Lot 5 Site Plan
~'/~""~' OR TH
EXHIBIT "C"
ICLEAN UP
OFFICE DOUGH MIXER []
RR.
HAND SINK
ENTRY
I SERVtCE ENTRY
,
I OYEN$ '
I COOLER
I I '
BOXING ~ FREEZER
I ' I
CUSTOMER PICK-UP FOOD PREP
FOOD
STORAGE
~I, LE 3/16" · 1'
PIZZA INN
- ~- NORTH COPPELL CROSSING - 3
BUILDING - $
711 S. MACARTHUR
COPPELL TX.
*PROPOSED HOUES OF OPEI~ATION AEE Il:00 a.m. to lt:00 p.m., SEVEN DAYS A I~EEK.
L~GR~S IHHEDIATELY ADJACENT TO T~E RETAIL FACILITY gILL REHAIN ON DURING THE HOURS OF OPERATION.
EXHIBIT "D"
~ ~ 4 .4~t .8000
Buildln~ 5 West Elevation
3/32' - I'-0"
.....-i
~1~ iIII!1=
Buildin~' 5 South Elevation CopPell
~/~=-. ,'-o- '. Crossing 3
Zot 4, ~t ~
~0~
B~tldln~ 5 East Elevation
3/32~ -
Buildln~l 5 North EI.evat!on
01 ~,, ~/,,-. ,'-o- A2.4 "
EXHIBIT "E"
: Notes: .
· .-
~ The sign shall consist of white channel leNers :
i Sign returns will match existing signage in the shopping center
~ Raceway o! the signage will match the material on which it is ·
: mounted. -
_- .
·
........................... ................................................ ....
PI '" l g'" C/-/-~ · -- I..-t~ADI~R BOX ANa
DOUJN SF:'OUT
Buildin_q 5 South Elevation
04 s~o,',;: ~/~,;~"= :'~,~o,," ,, --- ,' "'