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Ferguson letterSanuary 25, 2002 E-md: kt'argtmonl~ nova kev.eom Mr. Gary Sieb, Director Planning and Community Services 255 Parkway Boulevard Coppell, Texas 7~019 Re: Special Use Permit and Certificate of Oecupan~ Requirements Dear Mr. Sieb: This letter is intended confirm my discussions w/th each of Andrea Roy of the Cily of Coppell Planning and Zoning Commission and Greg Jones, the City of Coppell Building Manager, regarding the City of Coppell's Special Use Permit and Certificate of Occupancy requirements in connection with the proposed purchase of the ass~ (the "Purchase") related to the CPs Clubhouse Restaurant business (the "Business") located at Town0aks Centre, Coppell, Dallas County, Texas, and continued operation of CJ's Clubhouse ss a r~staurant and bar under the same name as it is currently operated. On January 8, 2002, I asked Ms. Roy what actions, if any, the purchaser of the Business needed to undertake with respect m the Special Use Permit issued by the City of Coppell and pursuant to which the CJ's Clul~ouse Restaurant operal~L Specifically, I asked Mi. Roy if an amendment to the Special Use Permit related to CJ's Clubhouse was required m connection with Ms. Roy informed me tha~ aftra discussing this mawr w/th the city of Coppen Planning Director, thc Planning Director determined that the City Ordinances governing the amendments of Special Use Permits and the transfers of businesses operating on property subject to a Special Usc Permit did not apply to the Purchase. The applicable City of Coppell ordinance provides, in part, that "in the event ownership of a property having a zoning classification of Special Usc Permit for a restaurant, is transferred from the original grantee to a new owner or new operator, thc Planning and Zoning Commission for thc City Council may initiate a zoning change..." b~~ca~According to Ms. Roy, the Planning Dir~ct0r a.grex;d that this provision did not appl.y (i) the owaership of the property ~aaving a zoning classification of Special Use Permit for a restaurant" would not be "transferred and (u) ,,~ ,,,,~,,-,, ~, ..... , ,~ ~u us .h ~ /. , J .1 -- ' ~ ' ' '?- ~ --:-- __~-2--L :_ iL.'- :---~--~.,~ ~, +~a .-~-..~_ ~ ' Mr. Gary January 2~, 2002 Page 2 Ms. Roy also stat~ that the Planning Director m. ade a _determination _fl? as long as ~e us~ by th~ n~w operamr,/conforms to ~e existing use prior to the transacuon O.e., no change m name, fearing, hours of opcratio~ signage), the city would requir~ no revision of the Special Use. ......... e .........J, , ,,~_,,,..~ Die-'tot also d~t~,,,i-~d &at wh~i¢ ,,,, c.I~ii~ m- ' "- ' '"' ~,a-C. ha~ ...... -' .... ~Cr_~k_d~' ,~,¢ ........ th,- r~,~l r.~r~,,-'=~,-~'-;,, ig C~g'-:.,'q.'-'-~,,,. ~ 1: Lk.C t,~, h~, m~, U~"?-,~LLUU,. .... At Ms. Roy's direction, on january 8, 2002, I also spoke with thc City of Coppcll Building Manager, Oreg Sones, regarding thc effect of the Purchase on the Certificate of Occupancy issucd by the City of Coppcll to CJ's Clubhouse. Mr. Jones informed mc that thc Purchase would lmv¢ no impact on the ~cisting Certificate of Occupancy because the Purchase would involve no chsngc in thc operation of C$'s Clubhouse. Mr..Jones also informed me that if the new ol~rator of CJ's Clubhouse were to change the signage or ~ld awnings, for exm~plc, a new Certificate of Occupancy would i~ required. 1 ~rite'this letter only to confirm our understanding of the City's position with respect to the Special Usc Permit and Ccrtificatc of Occupancy rcquircmcnB in connection with thc Purchase prior m the purchaser's consummation of thc tnmsactions contemplate~l by the Purchase. As I am surc you can understand, any inaccuracies or misunderstanding with resp~t to thc City's position concerning thc Special Use Permit and Certificate of' Occupancy would severely impact thc purchaser's operation of the Business. Thus, if this letter is inaccurate in any respect, please inform us of any such inaccuracy as soon as possible by calling mc at (972) 628- 3662. Thank you very much for your assistance with this matter. Sincerely, L. Kyle Ferguson LKF:nc £0/£0'd SP :~ i~00~.-0~-t,~£ According to Ms. Roy, the Planning Director agreed that this provision did not apply because (i)'the ownership of the property "having a zoning classification of Special Use Permit for a restaurant" would not be "transferred" and (ii) all conditions of the existing restaurant use will remain in effect under the new management, with no change to the hours of operation, business name, seating, signage, or any other distinguishing changes similar in character. Additionally, Ms. Roy stated that if modifications of'this type are made to restaurant, a revision to the Special Use permit would be required.