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CC approval of ORD 5/8/01May 14, 2001 Mr. Alex Herrara Tricon Global Restaurants, Inc. 2300 Valley View Lane #500 Irving, TX 75062 RE: Case No. S-1042R~ Kentucky Fried Chicken/Pizza Hut Dear Mr. Herrara: This letter is to inform you that Case No. S-1042R, Kentucky Fried Chicken/Pizza Hut, zoning change request to amend the Special Use Permit to include Pizza Hut and revise elevations and signage, on approximately 0.70 of an acre of property to be located at 135 S. Denton Tap Road, was approved by the Coppell City Council on Tuesday, May 8, 2001. Attached, you will find a copy of Ordinance No. 91500-A-294,which was approved by council and signed by the Mayor on May 8th, 2001. If you have any questions, please contact me at (972) 304-3675. Sincerely, ,rectLo¢~;bp'la~iCn; ~: Community Services ic~} Mr. Daniel J. Lyons - A.I.G., Inc. Building Inspection file 255 PARKWAY 1~ P.O.BOX 478 ~r COPPELL TX 75019 ~r TEL 972/462 0022 * FAX 972/304 3673 T H EC I 1' Y 0 F' COPP-ELL AGENDA REQUEST FORM CITY COUNCIL MEETING: May 8, 2001 ITEM # ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1042R, Kentucky Fried Chicken/Pizza Hut, zoning change request to amend the Special Use Permit to include Pizza Hut and revise elevations and signage, on approximately 0.70 of an acre of property to be located at 135 S. Denton Tap Road, and authorizing the mayor to sign. SUBMITTED B~ Si~b~'5~ TITLE: K,~ Director 9~f~ng and Community Services STAFF COMMEI~T~T.' ' ........ Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A APPROVED BY CITY COUNCIL. DATE ..,,¢'-,~,~1 . On April 10, 2001, City Council unanimously approved this S.U.P. (6-0). Staff recommends approval. Agenda Request Form 5/00 CITY MANAGER REVIEW: Document Name: @S1042Rkfco AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~]~00"~" ~t~.. 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 AMENDING SPECIAL USE PERMIT (S-1042) ORDINANCE NO. 297-A-79 BY AMENDING THE SITE PLAN FOR KENTUCKY FRIED CHICKEN TO INCLUDE A PIZZA HUT RESTAURANT; AND, INCLUDING REVISED ELEVATIONS AND SIGNAGE FOR THE PROPERTY LOCATED AT 135 SOUTH DENTON TAP ROAD AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE REVISED SITE PLAN, REVISED ELEVATIONS AND SIGNAGE ATTACHED HERETO AS EXHIBITS "B", "C" AND "D", RESPECTIVELY; 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 owners generally, and to all persons interested and situated in the affected area and in the vicinity thereof, the said goveming body is of the opinion that Zoning Application No. S-1042R 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 goveming body of the City of Coppell, Texas, as heretofore amended, be amended by amending Special Use Permit (S-1042), Ordinance No. 297-A-79, by amending the site plan for Kentuckry Fried Chicken to include a Pizza Hut restaurant and including revised elevations and signage for the property located at 135 South Denton Tap and being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That the property shall be developed and used only in accordance with Special Use Permit (S-1042), Ordinance No. 297-A79 the revised site plan, elevations and signage, as provided herein and, in addition, to the special conditions which are as follows: A. That all other conditions under S-1042 shall continue in full force and effect, except as amended in Sections 3 through 9 herein. SECTION 3. That as a further condition, the revised Site Plan and Elevations and Signage attached hereto and incorporated herein by reference 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 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 except as amended herein. SECTION 6. 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. SECTION 7. 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. ~0334 SECTION 8. 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 Comprehemive 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 9. That this ordinance shall take effect immediately fi.om 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. ROBE~RT E. HA~] (REH/cdb 4/27/01) CANDY sH~I~, MAY~x-~ ATTEST: LIBB~ BALL, q~ SECRETARY 40334 LEGAL DESCRIPTION FIELD NOTE DESCRII~i'ION BEING a 0.7001 acre tract of land situated in the Edward A. Crow Survey, Abstract Number 301 in the City of Coppell, Dallas Coun- ty, Texas and being a portion of a 12.69 acre tract of land described in a deed to H. T. Ardinger, Jr. as recorded in Volume 80024, P~ge 0676 of the Deed Records of Dallas County, Texas, and being a portion of a 0.352 acre tract of land described in a deed to H. T. Ardinger, Jr. as recorded in Volume 87133, Page 1530, Deed Records of Dallas County, Texas, and said 0.7001 acre tract being more particularly described as follows: COMMENCING at a 2-inch iron rod found for the Northeast corner of Lot 1, Block "A", M. P. McDonald's Addition, an addition to the City of Coppell as recorded by plat in Volume 87233 at Page 2925, Deed Records of Dallas County, Texas, said 2-inch iron rod also being in the newly established West right-of-way line of Denton Tap Road (a newly established 120-foot right-of-way) as recorded in Volume 87133 at Page 1529, Deed Records, Dallas County, Texas, said 2-inch iron rod also being South 02 deg. 09 min. 05 sec. East a distance of 176.82 feet from the Southeast corner of a corner clip at the intersection of the said West right-of-way of said Denton Tap Road with the South right-of-way line of Sandy Lake Road; THENCE South 02 deg. 09 min. 05 sec. East along said West right- of-way o~ Denton Tap Road passing at 195.00 feet at the Southeast corner bf said Lot 1 for a total distance of 292.15 feet to a 1/2-inch iron rod set for the POINT OF BEGINNING; THENCE along said West right-of-way of Denton Tap Road as fol- lows: South 02 deg. 09 min. 05 sec. East a distance of 148.38 feet to a 1/2-inch iron rod set for corner; South 02 deg. 06 min. 19 sec. East a distance of 27.79 feet to a 1/2-inch iron rod set for corner; THENCE South 87 deg. 50 min. 55 sec. East departing said rigth-of-way a distance of 178.98 feet to a 1/2-inch iron rod set for corner; THENCE North 02 deg. 09 min. 05 sec. West with the center of an asphalt drive a distance of 37.13 feet to a 1/2-inth iron rod set for corner; THENCE North 32 deg. 08 min. 43 sec. West a distance of 61.03 feet to a 1/2-inch iron rod set for corner: THENCE North 42 deg. 50 min. 55 sec. East a distance of 121.28 feet to a 1/2-inch iron rod set for corner; THENCE Nort~ 87 deg. 50 min. 55 sec. East a distance of 63.33 feet to a i/2-inch iron rod set for corner; THENCE: South 02 deg. 09 min. 05 sec. East a distance of 12.98 feet to a 1/2-inch iron rod set for corner; THENCE North 87 deg. 50 min. 55 sec. East a distance of 60.0C feet to a l/2-inch iron rod set for corner; CONTAINING a computed area of 30 496 square feet or ~'~gOk acres of land, more or less.' .'.,,~..,~ EXtIIBIT "A" r~ EI~r[BIT "B" I~X~IBIT "C" New brick monument signa~c. Brick lo match hi'ick