CC apprvl of ORD 2/10/04AGENDA REQUEST FORM
COPPELL
DEPT: Planning
DATE: February 10, 2004
ITEM #: 7/C
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S- 1210-C, Subway Restaurant, zoning change from PD- 157R6-C
(Planned Development- 157 Revision 6-Commercial) to PD- 157R6-C-S- 1210 (Planned Development- 157 Revision
6-Commercial-Special Use Permit-1210), to allow the operation of an approximate 1,500 square-loot restaurant to
GOAL(S):
be located at 809 S. MacArthur, and authorizing the Mayor to sign.
APPROVED BY
CITY COUNCIL
ABOVE DATE
EXECUTIVE SUMMARY:
Date of P&Z Meeting:
Decision of P&Z Commission:
N/A
N/A
Motion to Approve
Ord. # 91500-A-371
M - Tunnell
S - Peters
Vote - 5-0
York absent.
Raines absent for this
)art of the meeting.
On Decmnber 18, 2003, the Planning Commission recmmnended approval of this zoning change (7-0).
On January, 13, 2004, Council unanimously approved this zoning change (7-0).
Staffrecommends approval.
Agenda Request Form - Revised 09/02
FIN. REVIEW:
CM REVIEW: ~ Da~e:
Document Name: ~S-1210 ORD I-AR (Consent)
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE
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 PD-157R6-C (PLANNED DEVELOPMENT-157
REVISION 6-COMMERCIAL) TO PD-157R6-C-S-1210 (PLANNED
DEVELOPMENT-157 REVISION 6-COMMERCIAL-SPECIAL USE
PERMIT-1210), TO ALLOW THE OPERATION OF AN APPROXIMATE
1,500 SQUARE-FOOT RESTAURANT TO BE LOCATED AT 809 S.
MACARTHUR BOULEVARD MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN,
AND SIGN PLAN, 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; PROXqDING 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-1210 should be approved, and in thc
exercise of legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map
should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC1L 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 goveming body of the City of Coppell, Texas, as heretofore amended, be and
the same is hereby amended to grant a change in zoning from PD-157R6-C (Planned Development-
157 Revision 6-Commercial) to PD-157R6-C-S-1210 (Planned Development-157 Revision 6-
Commercial-Special Use Permit-1210), to allow the operation of an approximate 1,500 square-foot
restaurant to be located at 809 S. MacArthur and being more particularly described in Exhibit "A"
attached hereto and made a part hereof for all purposes, subject to special conditions.
62289
SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the
following special conditions:
(A) Hours of operation shall be permitted between 10:00 a.m. to 10:00 p.m., Sunday
through Saturday.
(B) The site shall be developed in accordance with the approved site plan, floor plan, and
sign plan, which are attached hereto as conditions to the use granted herein.
SECTION 3. That the Site Plan, Floor Plan, and Sign Plan, 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 thc 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 62289
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
finc 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 ./t~ ~r~ day of
~MAYOR
ATTEST:
APPRO~RM:
ROBERT E. HA6 . IT¥ A rTOP, 4E¥
(REH cdb 1/28/04) [Rev e~cd Only]
3 62289
Legal Description for
SUP 1210 - Subway Restaurant
809 South MacArthur Boulevard
Being located in Tract A-R of the Valley Ranch Plaza Addition, an
addition in the City of Coppell, Dallas County, Texas, according to the
plat thereof recorded in Volume 97135, Page 2395, of the Map
Records of Dallas County Texas.
EXHIBIT "A"
EXHIBIT
EXHIBIT "D-I"
EXHIBIT "D-2"