CC approval of ORD-11/9/04AGENDA REQUEST FORM
COPPELL
DEPT: Planning
DATE: November 9, 2004
ITEM #: 9/E
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1223-TC, Taco Del Mar, zoning change from TC (Town
Center) to S-1223-TC (Special Use Permit-1223-Town Center), to allow the operation of a 1,650-square-foot
restaurant, with outdoor patio, to be located in the Town Center Addition, Lot 2, Block 3, along the east side of
Denton Tap Road; north of Town Center Blvd., and authorizing the Mayor to sign.
GOAL(S):
APPROVED BY
CITY COUNCIL
ABOVE DATE
Motion to Approve
Ord. # 91500-A-396
M - York
- Brancheau
EXECUTIVE SUMMARY:
Date of P&Z Meeting:
Decision of P&Z Commission:
N/A
N/A
On September 16, 2004, the Planning Commission approved this zoning change (4-3) with Commissioners
McCaffrey, Kittrell, Halsey and Borchgardt voting in favor; Commissioners Milosevich, Foreman and Reese
opposed.
On October 12, 2004, Council unanimously approved this zoning change (7-0).
Staff recommends approval.
Agenda Request Form - Revised 02/04 Document Name: ~S- 1223-TC ORD 1 -AR (Con)
AN ORDIN.~NCE OF TIlE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~[~'~-~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
TIlE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, TEXAS, AS HERETOFORE. AMENDED, BY GRANTING A
CHANGE 1N ZONING FROM "TC" (TOWN CENTER) TO "S-1223-TC"
(SPECIAl. USE PER,MIT - 1223- TOWN CENTER) TO GRANT A SPECIAL
USE PERMIT TO ALLOW FOR THE OPERATION OF A 1,650-SQUARE-
FOOT RESTAURANT TO BE LOCATED AT 240 NORTH DENTON TAP
ROAD, VILLAGE AT TOWN CENTER, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE
SITE PI. AN, FLOOR PI.AN, SIGN PLAN, .AND SIGN CRITERIA,
ATTACHED HERETO AS EXHIBITS "B", "C", "D" AND "E",
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.
VCHEREAS, the City Plmming and Zoning Commission and the governing body of the City of
Coppcll, Texas, in compliance with thc laws of the State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notices bv publication and otherwise,
and after holding due hearings and aflbrding a full and fair hearing to al] property oxvners 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-1223~TC 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 thc 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 "TC" (To,am Center) to "S-1223-TC"
(Special Use Pennit-1223-Town Centcr) to grant a special use pemfit for the operation of a 1,650
square-foot restaurant to be located at 240 North Denton Tap Road, Village at Town Center, and being
more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes,
subject to special conditions.
69101
SECTION 2. That the Special Use Pemfit for a reslaurant is hereby approved subject to the
follox~ lng special conditions:
(A) Hours of operation shall be permitted bem,'ecn 6 a.m. to 11 p.m., seven days a week.
(B) The site shall be developed in accordance with the approved site plan, floor plan, sign
plan and sign criteria, which are attached hereto as conditions Io the use granted herein.
SECTION 3. That the Site Plan, Floor Plan, Sign Plan, and Sign Criteria, attached hereto as
Exhibits "B", "C", "D", and "E" 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 an~ended herein.
SECTION 6. That all provisions of the Ordinances of the City of Coppcll, Texas, in conflict
with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions not
m 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 olher than the part so decided to
be unconstitutional, illegal or invalid, and shall not affect the validity of the ComprehensiYe Zoning
Ordinance as a whole.
2 69101
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 ten-ns 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 stun of Two Thousand Dollars ($2,000.00) for each offense; and each a~d 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 q~"~ day of
Dbb'q~L~ N'. ~
)VER, MAYOR
APPROVEI~O F, OR~ ~
ROBERT E. }lAGER. C ,,lf('l~ ATTORNEY
iREtt cdb Il 2,04) ' ~'
ATTEST:
TS; SECRETAI~Y
3 69101
LEGAL DESCRIPTION
Being a 1,650-square-foot lease space, located as indicated
on Exhibit "B", on property more particularly described as Lot
2, Block 3 of the Town Center Addition, being an addition to
the City of Coppell, Dallas County, and know as 240 North
Denton Tap Road, Coppell, Texas
EXHIBIT "A"
Ol:lVA~gno8
--I
(]VOU dY/
NOIN~a
EXHIBIT "B"
(:] UOld I~O-OE-t:J XL 'lleddo:::) - Je.l. ue:::) eu~wol
EXHIBIT "C"
PiXHI BI T "D-2"
SIGNAGE CRITERIA - ADDENDUM VILLAGE AT TOWN CENTER
The Signage Criteria as set forth herein, shall govern all signage to be used
or displayed in the Shopping Center.
All signs within Village at Town Center shall be designed, fabricated and
installed to comply with UL electrical code, the City of Coppell Sign Code
as well as including but not limited to the following criteria and
specifications.
1 No raceways are allowed.
2) Rear signage is encouraged but not required.
4)
All Tenants shall use a wireway to match brick color. Landlord shall
provide Pantone color match # to be used by all Tenants.
All signs shall have a photo cell/timer circuit in the Premises to
control illumination.
EXHIBIT 'E'