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CC ORD. approval 9/9/03COFFELL AGENDA REQUEST FORM DEPT: Planning DATE: September 9, 2003 ITEM #: 8/G 1TEM CAPTION: Consider approval of an Ordinance for Case No. S-1208, Everybody Fits, Restaurant (food court), zoning change from C (Commercial) to C-S-1208 (Commercial, Special Use Permit-1208), to allow the operation of an approximate 3,829 square-foot restaurant to be located on the second floor within the existing facility at 200 Fitness Court Drive, and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL GOAL(S): ON ABOVE DATE EXECUTIVE SUMMARY: Date of P&Z Meeting: Decision of P&Z Commission: N/A N/A Motion to Approve }rd. # 91500-A-354 - Tunnell S - Suhy Vote - 6-0 York absent On July 17, 2003, the Planning & Zoning Commission unanimously recommended approval of this Special Use Permit request (5-0). On August 12, 2003, City Council unanimously approved this Special Use Permit (7-0). Staff recommends approval. DIR. REVIEW: ;!~'~: Agenda Request Form - Revised 09/02 CM REVIEW: Document Name: (~,S-1208, EF ORD. I-AR (Consent) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~/.~ )~-~:~ ~q 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-1208" (COMMERCIAL-SPECIAL USE PERMIT - 1208) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT TO BE LOCATED ON THE SECOND FLOOR WITHIN THE EXISTING FACILITY AT 200 FITNESS COURT DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SECOND LEVEL FLOOR PLAN, RESTAURANT FLOOR PLAN AND EXTERIOR 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 goveming 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 alter 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-1208 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-1208" (Commercial - Special Use Permit-1208) to grant a special use permit for the operation of a restaurant to be located on the second floor of the existing facility at 200 Fitness Court Drive and being more particularly described in Exhibit "A", attached hereto and made a part hereof for all purposes, subject to special conditions. 1 58590 SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special condition: (A) That the site shall be developed in accordance with the approved second level floor plan, restaurant floor plan and exterior signage, which are attached hereto as conditions to the use granted herein. (B) The hours of operation shall not exceed those in effect for Everybody Fits. SECTION 3. That the Second Level Floor Plan, Restaurant Floor Plan and Exterior 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 CoppelI, 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 58590 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 t~.~t, 2003. AP~"O~VED: DOOOI~AS~q.'SI~ ER, MAYOR ATTEST: BY B~_~,'CITY SECRETARY ROBERT E. HAG~I3/,, J2~ITY ATTORNEY (REH/cdb 8/26/03) 3 58590 LEGAL DESGRIPTI08 WHEREAS, EVERYBODY FITS. LP is the ovmer o£a U'act of land sitttated in thc George W Jack Sun'c','. Abstract No 694 m the City of Coppell. Dallas Count,,', Texas and also being all of Lot 2. Block ~ A DENTON TAP DEVELOPMENT, an Additiun to thc City of Coppoll, Dallas Count's', lcxas acc~mhng to thc Plat thereof recorded in Volume 98118. Page 37, Map Recbrds, Dallas Count,, Texas, attd being all that certain tract of land dc~nbed in IX'cd to Evc~'~bo(t¥ Fils, LP. re,cordcxl in V{~iumc 2001050, Page 3708~ I)ecxl Records, Dallas County., Texas mid being more pamcula~b desenbed as lbllows: BEGINNING at 1/2 inch iron rod found at the Southwest comer of said DEN'i ON ]AP DEVELOPMENT, Smd point also being the Northwest contcr of Lot 3 of the CONNELL SKAGGS ADDITION, att Addition to thc City of Coppcll, Dallas Count', Texas accordrag to thc Plat thcTeof recordcd in Volume 88 )06, P~ gc 5895. Map Records. Dallas County', Texas, said point also being m rile East linc of the SIIADYDALE ACRES ADDITION, an Addition to the Cit~ of Coppc]l, Dallas County. Texas accord ng 1o thc Plat thereof recorded m Vo ume 41, Page 71, Map Records Dallas Cou ~ y, Texas DIENCE_' North t)t) deg. 22 min. 16 sec. West, along thc East line or'said S}iADYDALE ACRES ADDI'iION and the West line of mid DENTON TAP DEVEI,OPMENT. a distance ol' 472 00 lket to a I/2 indt ~ron md with a plastic cap s 't~unpcd "DAA" ~t for comer, THENCE North 88 deg 39 min 39 sec East, along thc North linc of ~id DENTON TAP DEVEI.OPMENT and the South line of TOWN CENTER W~ST, an Additmn to the Clt., of Coppell, Dallas Count), Texas according to thc Plat thereof recorded in Volmne 2000176, Page 1787, Map Records, Dallas CountS. l'exas, a distance of 444 99 l'eet to a 1/2 inch iron rod w~th a plastic cap stamped "DAA" ~! for comer. ~i]tENCE South t)0 deg 22 min 16 sec East, a dislance of 20048 fcct to a 1/2 inch iron rod scl l-or comer tn the North line of North Texas Conrt, a variable '.~qdth public right-of-way, said point being in a non-t,'mgcmt curve to the left having a central angle of 11 deg 31 rain 21 sec., a radiums of 225 0(I I'eet and a chord ben,ring and distance of North 85 deg. 35 mn 49 sec Wc'st, 45 17 feet; TlffF2NCE Northwesterly, along the North line of said North Texas Courl and said cur'~e to Ihe left an arc d~stance of 45.25 feet to a 1/2 tach iron rod with a plastic cap shxmped "DAA" set for comor: THENCE South 88 deg 38 rain 30 sec West. continuing along the North line of said North Texas Court a distance of 110 (111 feet to a 1/2 inch iron rod u, ith a plastic cap stamped "I)AA" sel for comer in Ibc Ea.'ql ]ine ol Lot 2, Block "A" of said DENION TAP DEVELOPMENT: 'DIENCE with the East linc of Smd DENTON ]'AP DEVELOPMEN'i thc follox~ing tlucc (3) courses mid distances: South 00 deg. 22 nUn 16 sec East, a distance of 2352 t~et to a 1/2 inch ~ron rod w~th a plastic cap stamped "DAA" ~t for comur in a non-tmtgcnt curve to thc Ich, having a cuntra] angle of 77 dog 44 mTM 33 sec, a rathus o1'65 50 feet and a chord beanng and distance of South tX) deg 22 min 16 sec East, 82 21 fizet; THENCE Southerl)~, along .'mid curve lo the left, an arc distance of 88 87 feel to a 1/2 tach iron rod ~',lth ~ plastic cap stamped "t)AA" set fi)r comer, THENCE South 00 deg 22 min 16 sec East a distance of 17023 I'eet to a 1/2 inch iron rod with a plastic cap stamped "DAA" set for comer m the North line of said CONNELI, SKAG(iS ,51)1)1 lION; DI:ENCE South 88 dag 39 mm 14 sec West along thc South line of said DENTON TAP DEVELOPMENT and the North line of s~id CONN]:i[,E SKAGGS ADDITION a d~stance of 289 96 Fee! to the POINT OF tlEGINNING and containing 't 821 acres ( 166,467 square Feet) of I~md I';xl~ [BIT "A" 'i Z o EXHIBIT "B" :0 jG 0 iO I0 q C, ~,:x HTBIT "C" Photo of the Existing Sign At EveryBody Fits Where it says CAFE COMING SOON, it will be replaced with "THE BALCONY CAFE". We will use the same dimension of 38 inches X 11.5 inches. It will be done in the same font as existing signage currently on the front of the building. · 200 Fitness Court · Coppell, Texas · 75019 · · 972.471.2345 · 972.471.2344 Fax · · www. EveryBody-fits.com. EXHIBIT"D"