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CC approval-ORD on 1/8/2002 CITY COUNCIL MEETING: January 8, 2002 ITEM ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1196, Chili's Restaurant, zoning change from TC (Town Center) to TC-S.U.P.-l196 (Town Center, Special Use Permit-Il96), to allow the operation of an approximately 3,700 square-foot restaurant with private club to be located in the retail center under construction at 130 N. Denton Tap Road, approximately 160 feet south of Town Center Drive, and authorizing the Mayor to sign. A PPRO VEO BY ......... C[YY COUNCIL SUBMITTED ~.' Gary L. Sieb ) 0~ T E ]' ~ '- O~ TITLE: ~-- _. D. kectm' .~f Dl,,miing and Community Services ~ :~ ~l,~Og>" ~ "~!~, STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A The Planning and Zoning Commission unanimously recommended approval (6-0) of this zoning change request on November 15, 2001. (Commissioner McCaffrey did not participate because of a conflict of interest.) City Council unanimously approved this zoning change (7-0) on December 11, 2001. Staff recommends approval. DIR. INITIALS: (~ff~ FIN. REVIEW~ CITY MANAGER REVIEW: I ' Agenda Request Form - Revised 5/00 ~S 11960 A~ OanI~A~CE OF ~ crrv OF COPPEL~ ~XAS O~~ ~O. ~/~-~- ~ ~ O~A~C~ Og ~ C~V Og CO~, ~S, ~m~~ ~ CO~~S~ ZO~ O~~C~ A~ ~ O~ ~ C~V OF COPPEL~ ~~ AS ~TOFO~ ~~ED, BY G~~G A c~~ ~ zo~ ~OM ~C' ~O~ C~a~ ~O "~C-S.V.~.-11~" (~O~ C~a-S~C~ VS~ ~~- ~1~ ~O a~ ~ S~~ USE PE~ TO ALLOW FOR ~E OPE~TION OF A ~STAU~T ~ A P~A~ CL~ TO BE L~A~D ~ ~ ~TA~ CEN~R AT 130 NORTH DE~ON T~ ROAD, ~PRO~~LY 1~ ~ET SOU~ OF TO~ CE~R D~, ~h~ BErG MO~ PARTIC~~Y DESC~ED ~ EX~ "A' A~ACHED HE.TO AND ~CO~O~D ~~; PROLOG FOR ~ ~PROV~ OF ~ S~E PL~, S~E PL~ A~ ~NDSC~E PL.~N FOR C~I'S SER~CE YA~, FLOR P~N, A~ SIGN P~N, A~AC~D ~TO AS EX--ITS "B', "C", "D', "E", A~ 'F", ~SPEC~LY; PROLOG FOR SPEC~ CON~IONS; PRO~'G A ~PEAL~G CLAUSE; PRO~'G A SE~B~Y CLAUSE; PRO~'G A SA~GS C~USE; PROLOG A PENALTY OF ~-E NOT TO EXCEED T~ S~3~ OF ~O THOUSAND DOLL,S ($2,~.~) FOR EACH OFFENSE; ~ND PRO~'G AN EF~CT~ DATE. ~~AS, ~e Ci~ Piing ~d Zo~ng Co~ission ~d ~e gove~ng body of~e Ci~ of Cop~ll, Te~s, in compli~ce ~ ~e la~ of ~e State of Tex~ and p~s~t to the Comprehe~ive Zomng ~n~ of ~e CiW of Cop~ll, ~ve ~ven req~site notices by publication ~d o~e~se, ~d a~er holding due he~ngs ~d affording a full ~d ~air being to all pro~' ox~ers generally, ~d to all ~rsons interested ~d si~ted in ~e affected ~ea ~d in ~e vicim~' ~ereof, ~e ~id gove~ng ~dy is of ~e opi~on ~t Zo~ng Application No. S-1196 should ~ approve~ and in ~e exercise of le~slative discretion have concluded ~at ~e Comprehensive Zoning Ordi~ce ~d Map shoed ~ ~ended. NOW, ~~FO~, BE ~ O~A~ED BY ~ C~' CO~C~ OF ~E C~ OF COPPEL~ ~S: SEC~ON 1. ~at ~e Comprehensive Zo~ng ~din~ce ~d ~p of the CiW of Cop~ll, Te~, d~y ~ssed by the gove~ng ~y of the Ci~ ofCop~ll, Te~s, as heretofore ~ende~ ~ ~d · e ~e is hereby ~end~ to ~t a c~ge in zo~g from "TC" (To~ Center) to "TC-S.U.P.- 1196" (To~ Center-S~cial Use Pe~it - 1196) to ~t a s~i~ use ~it to allow for ~e o~m~on of a restart ~ a pdvate club to ~ l~ated in ~e ~l center at 130 No~ ~mon Tap R~ approximately 160 feet south of Town Cemer Drive, 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 11:00 p.m., Sunday' through Thursday, and 11:00 a.m. to midnight, Friday and Saturday. (B) The site shall be developed in accordance with the site plan, site plan and landscape plan for the service yard for Chili's, floor plans, and sign plan, which are attached hereto as a further condition. SECTION' 3. That the Site Plan, Site Plan and Landscape Plan for the Service Yard for Chili's Floor Plan, and Sign Plan, as revised, attached hereto as Exhibits "B", "C", "D", "E", and "F", respectively, 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 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 Ci~' 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. 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 Cib' of Coppell, Texas, this the ~ day of ~'~,, 'O'*.~f, 2002- CANDY SHEE~I, MAYOR - A'FrEST: BP~, CITY SECRETARY AP~/~ FORM: OWNEI~ CERTIFICATE AND DEDICATION STATE OF TEXAS § COUNTY OF DALLAS § WHEREAS, COPPELL / DTIL L.P., is thc owner of:, tract of land situated in thc S.A. & M.G.ILIL Survey, Abstract No. 1430 in the City of Coppell, Dallas County, Texas and being pan ora tract of land as described, in a deed fi'om Good Financial Corporation to M. Douglas ^lldns, Trustee, as recorded in Volume 76188, Page 2355 of the Deed Records of Dallas County, Texas and being more particularly described as follows: BEGfi%~"h'NG at a I/2" h'on rod found for comer on the east line of Denton Tap Ro~ (a variable wid~ fight-of-way), said point being the northwest comer of Lot 2 in Block 1 of Town Center Addition, an a~ition to the City of Coppell as recorded in Volume 95172, Page 4749 of the Deed Records of Dallas County, Texas; THENCE N.01°00'58"W., 314.68 feet :,long the said east line of Denton Tap Road to an "X" found c~ in concrete for comer, said point being the southwest comer of Lot 3 in Block 1 of Town Center Addition, an addition to the City of Coppell as recorded in Volume 95240, Page 4999 oft. he Deed Records of Dallas County, Texas; THENCE N.88°59'02"E., 336.00 feet leaving the said east line of Denton Tap Roax:L, and running along the south line of said Lot 3 in Block I, to an "X" found cut in concrete for comer, s:,id point being on the west line of Town Center Boulevard (a 28 foot wide fight-of-w:,y), said point also being in a non-tangent cuv,'e to the right running i~n a southerly direction and having a central angle of 35°44'27" a radius of 286.00 f~t Md a chord bearing ofS. 16°51'lS"W.; THENCE along said curve, and :,long the said west line of Town Center Boulevard, 178.41 feet to the end of said curve, a 1/2" i~n rod found for corner, said point being the beginning ora curve to the left hv,'ing a central angle of 29°11'42" a radius of 314.00 feet and a chord bearing of S.20°0738"W.; THENCE along said curve, and continuing along the s,xid west line of Town Center Boulevard, 160.00 feet to the end of said curve, a 1/"2'~ iron rod found for comer, said point being the no,east comer of the ~d Lot 2 in Block i; THENCE S.88°59'02"W., 225.05 feet leaving the said west line of Town Center Boulevard, and ru~ning along the north line ofsaid Lot 2 in Block 1 to the Point of Beginning and containing 2.057 acres (89,616 square feet) of land. EXH'r BI"~ "A" ~ / j' ,: /, . · , . .. ,- , , j, ~ ,/ · / ./ ~ / ~ .. \ , /.,. ,..' / ,,' ...'..'..' ,, ,.'.,.-...' ...../ /.,.' ,/,/ /',..' ,,'/'/' ..., ,,.' --~ ,.. ~,. .... ' ....'. ,. ,., 7.//~ ,, /;,',,. _L '" ." .' .... """- ...... ' "/:' ".'" :." '" I ~ ,~.=^~ ~oo~ ;" ..... ' (¢~nllli~.-~ 7:1 '?'i..--'"-".-.'. "i. '.,.... ~^$ ... .'. t~,fLl,~k.u~......' ..' .-.......' .. '....-.....~ :-.. j~ -- LIO.~T ~TA..~.~A,~,~ - ..... ~ ,,=SSt~L-- i-- -150 5.F. .~. I .. .'. · '.LANDSGA,~E A,~A L- L' " "'" --, ". - [--- . __,~0_~^,,.. PROJECT: CHILI'S CDREF. 1 O0 ~"~ SERVICE YARD ~ ~'~ .~:~o. 9950 1 of ~ ~ATE: 27 NOV. 2001 EX'BIT "C"  ~0~^,~. PROJECT:CHILI'S CD REF. 1 O0 ~,,,rx ~ SERV',CE YARD-LANDSCAPE ~"~"~ joe ~3. 9950 1 of 1 o~,~ 27 NOV. 2001 ~'~FI'BTT ~, '. ~ I I I ' - ~ ~ ~ 4'~ / r---n r~-n r- -a ~'- ~ i I , ~___~ ~__~ ~ .... ~ ................... J L ................... J L ................... J m'-~ J/~' SEABNG COUNT: 128 HOURS OF 0PERABON: SUN-THURS !1 AM TO 11 PM NOT TO ~[ FRI-SAT 11 AM TO MIDNIGHT Al ~ COPPELL, TEXAS BRINKER INTBUNATIOHAL. I 11'4 ' I 5'  PRE-FINtSHEO IRDNZE ALU&INUM W/Ii~ONZ[ 1111M CAP. ~'~H EATH) ~ .~ w/CL35QO WHITE NEON I#ITON~ ILLUMINAlION. dj76 GREEN VINYL OVERLAY ON WHITE ACRYLIC FOR 'STEM" WI1H i ~ WHITE HIGHLIGHT ~ ~[~ #53 RED VINYL OVEILAY ON WHfl'E ACRYLIC FOR "P~ R" Ikdrd~. Sedge .Cakago ~"/~.~ WiTH WHflT HiGHlIGHT 3'-7' 1'-101/2' ,~,'/,,~ CL3500 V~ITE ARGON INTERNAL ILLUMINAtiON. i ~ ~ ~-. 3/8' A-307 I JiG IOLT INIO BRICK ~/~ u,4. 216~ mANIFORMEIt W/DENICATEO 6flOUND FROM 10ANSFORMER 10 MAIN ELEG1TiCAL PANB.. USE PO~RFLEX L~D CABLE~. 4 INDIVIDUAL LETTER ELEVATION - CT-42-WL TYPICAL LETTER SECTION - U/L 2161 , 1/2" m 1',.0" 42 $.F. SiGN Pt~ect: C#IL~ Addms: 1OWN CENTER 50'.8 3/4' ~ ' ":";" "~'" fi"""" " """' "'~ ''1 "'"' ~' "~' " "' ' "'"F'I~'''':--'' CT-42-WL (NEW LOGO) ¢ .... ~4-'---i--~,, ~t~t ~,,,,,,,,,~,,,,,,,,,,~ /~l I I / ~~ q~lll~ill'll~ .~1 I I'.~1 I I~1 i ! ~ m.------,:~----.-- ~ ,,~----- ~ --'-~- ~' FRONT ELEVATION I~FI" - 1'-0" Job Number. Design Number. Shed Numl)et:. EOO3670R1 2of2