CC approval of ORD on 9/18/01F
COPPELL AGENDA REQUEST FORM
2001,'6r~ITEM #
CITY COUNCIL MEETING: September 11, q
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1189, Donut City, zoning change from C (Commercial) to
C-S.U.P. (Commercial, Special Use Permit-1189), to allow the operation of an approximately 973 square-foot
donut shop to be located along the west side of Denton Tap Road, north of Town Center Drive, and
authorizing the Mayor to sign. APPR0
BY
CiTY COUNCIL
TITItE: Director of Planning a?g&Community Services '
STAFF CO'MIyIENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
On July 19, 2001, the Planning and Zoning Commission unanimously approved this Special Use Permit (4-0).
On August 14, 2001, City Council unanimously approved this Special Use Permit (7-0).
Staff recommends approval.
DIR. INITIALS: .~/ FIN. REVIEW: ~ CITY MANAGER
REVIE
Agenda Request Form -~Revised 5/00 @S 11890
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~-.-./q .--,~Otj~--
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.-l189"
(COMMERCIAL-SPECIAL USE PERMIT - 1189) TO GRANT A SPECIAL
USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO
BE LOCATED ALONG THE WEST SIDE OF DENTON TAP ROAD, NORTH
OF TOWN CENTER DRIVE, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN, FLOOR PLAN, AND ELEVATIONS, WITH SIGNAGE,
ATTACHED HERETO AS EXHIBITS "B", "C", AND "D", 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 o~vners 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- 1189 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-S.U.P."
(Commercial - Special Use Permit-1189) to grant a special use permit for the operation of a restaurant
to be located along the west side of Denton Tap Road, north of Town Center Drive, and being more
particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, subject to
special conditions.
1 42909
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 5:00 a.m. to 5:00 p.m., Sunday through Saturday.
(B) The site shall be developed in accordance with the approved site plan, floor plans and
elevations, with signage, which are attached hereto and referred to herein in Section 3.
(C) That prior to issuance of the Certificate of Occupancy, a 4-caliper inch Austrian Pine
shall be planted and tree reparation in the amount of Four Hundred Dollars ($400.00)
shall be paid to the City.
SECTION 3. That the Site Plan, Floor Plan, and Elevations, with signage, attached hereto as
Exhibits "B", "C", and "D", 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 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
2 42909
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, finn 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 ~day of
, 2001.
APPROVED: ~ALi~ ~
CAN~¥"gI-~E~," MAYOR
ATTEST:
LIBBY BAI_~, CITY SECRETARY
ROBERT £. ILIA~~Y ~TTORN~Y
(REH/cdb 8123/01 ) c~
3 42909
STATE OF TEXAS
COUNTY OF DALLAS
WHEREAS, NHAN V. NGUYEN is the owner of a tract of land situated in the George W. Jack Abstract No.
694, Dallas County, Texas, said tract being part of that tract of land conveyed to Lee Properties, Inc.,
Employee Profit S~aring Plan as recorded in Volume 99178, Page 1370 of said Deed Records, and more
particulady described as follows:
BEGINNING at a 1/2 inch iron rod found at the southeast corner of Homeowners Association's Common Area,
Huntington Ridge, an addition to the City of Coppell as recorded in Volume 93093, Page 1513 of the Deed
Records of Dallas County, Texas, said point also being in the west line of Denton Tap Road (100 foot Right-of-
Way);
THENCE S OOdeg 58rain 32sec E along said west line of Denton Tap Road, a distance of 165.57 feet to a
cross found in a sidewalk being the northeast corner of Lot 1R, Block A, Sonic Addition, on addition to the
of Coppell, Texas, according to the plat recorded in Volume 2000156, Page 1823, Map Records of Dallas
County, Texas;
THENCE S 88deg 18rain 4.4sec W departing said west line of Denton Tap Road and along the north line of
said Sonic Addition, a distance of 220.33 feet to a 1/2 inch iron rod found in the east line of Lot 32 of
Huntington Ridge Addition;
THENCE N OOdeg 19rain 41sec E along said east line of Huntington Ridge, a distance of 170.45 feet to a 1/2
iron rod found at an ell corner of said Huntington Ridge Addition;
THENCE Iq 89deg 34rain 53sec E along the south line of said Common Area, a distance of 216.45 feet to the
PLACE OF' BEGINNING and containing 36,685 square feet or 0.842 acres of land.
HUNTINGTON RIDGE ADDITION
·
BLOCK A
i............ -., ,, .._ N 00'1..9'41" E 17045' '
--~-., ,; ~ ~ .. ,., ...............
' ~ / 6' HiGH MASONRY WALL - MATERIAL & DESIGN
· f~ ~' '~'~'~ LANDSCAPE AREA
/
,, . .~ {~ ~ /
~ / /
// ~ ~ ' PROPOSED
~ ~' ~ ~ ~I HUNTINGTON RIDGE ADDIBON
, (... ~ ~ ~ COMMON AREA TO
/.., ~ ~ x .I
/ C. L - - - - -
/
I
' -- 6' HI MASONRY WALL IS TO EX'ND EAST AL~G
~ : N~ ~OUND~Y LINE AND ~RMINATE AT
~ · u~. ~1. ~ PARKING RE~IRED
PARKING
I
~ O0'~'52" [ 16~,~7' ~ HANDICAP 2 ~ACES
REGUL~ 25 ~PAC/S
~4' ~ ~' TOTAL 25 SPAC[$,~
DENTON TAP ROAD .o,~,
5 ~ - 5 ~ ~DAT TO 5ATU~AT TE~ ~ ~I~D.
2. ALL H~IC~D PA~
~. ALL ~1~ L~
NOTE: pA~
~j,r · 2~ ~TH PER ~ITT O~I~CE