Correction to Ferguson letterFebruary 4, 2002
Mr. Kevin Kelly
GE Aviation Materials, LP
5201 Regent Boulevard, Suite 130
Irving, TX 75063
RE: CJ's letter
Dear Kevin:
As attorneys are wont to do, Mr. Ferguson's letter of January 25, 2002, is a bit "wordy" and needs minor
revision.
For the most part, the letter is correct, but Paragraphs 4 and 5 need to be eliminated and replaced with
the following:
According to Ms. Roy, the Planning Director agreed that this provision did not apply because
(i) the ownership of the property "having zoning classification of Special Use Permit for
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 in hours of operation, business
name, amount of seating, signage, or any other distinguishing changes similar in' nature.
Additionally, Ms. Roy stated that if modifications of this type were to be made to the restaurant,
a revision of the Special Use Permit would be required.
With that amendment, the letter of January 25th is correct.
I believe this response addresses staff conversations regarding CJ's. We wish you well in this endeavor.
truly,
~~b, A.I.C.P.
AItachrn~nt (Kyle Ferguson's original letter)
File
Building Inspection
PARKWAY ~ P O.BOX 4'78 '~r COPPELL TX 75019 t TEL 972./462 00;)2 '~' FAX 9'/2./304 3673
Ok'eot Dial:
January 25, 2002
E-meg:
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Mr. Gary Sieb, Director
Planning and Commtmity Services
255 Parkway Boulevard
Copp~ll, Texa~ 75019
Re: Special Use Permit and Certificate of Oeeupanov Requirements
Dear Mr. Sick
This letter is intended confirm my discussions with each of Andrea Roy of the City 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 assets (the "Purchase") rela~d to
the CJ's Clubhouse Restaurant business (the "Business") looted at TownOaks Centre, Coppell,
Dallas County, Texas, and continued operation of CJ's Clubhouse as a restaurant and bar under
the same name a.s it is currently operated.
On January 8, 2002, I asked Ms. Roy what actions, if any, the purchaser of thc Business
needed to undertake with respect to the Special Use Permit issued by the City of Coppell and
pursuant to which the CJ's Clul~ous~ R~taurant operated. Specifically, I asked Ma. Roy if an
amendment to the Special Use Permit related to CJ's Clubhouse was required m connection with
the Purchase.
Ms. Roy informed me that, a~r dimu~ing this mawr with the City of Coppell pbnning
Director, the Planning Director determined thai 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, m
part, that "in the event ownership of a property having a zoning classification o£ Special Use
Permit for a restaurant is lransferred from the original gran~e to a new owner or new operator,
the Planning and Zoning Commission for the City Council may initiate a zoning change..."
Re , the Planning Director a.lp'e~d that thi.s pro~
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Mr. Gary Sieb
January 23, 2002
Page 2
involve~l~t~~l!~ "original grantee" is not transferring any
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property.
Ms. Roy also sta~ the Plann/ng Dir~de a determination that as lon. g as the
use by the new operator confo~the exis3~ff~e prior to the transaction (i.e., no change in
name, seating, hours of operation, signore city would require no revision of the Special Use
Permit. According to Ms. Roy, the~l~~reetor also determined that where no change in
the ownership of the real pro3~ert~ is occ ~urr/ng,~ the case in the Purchase transaction, no
revision of the Special Use.l~rmit is required. ~
At Ms. Roy's direction, on January 8, 2002, I also spoke with the City of Coppell
Building Manager, Crreg Jones, regarding the effect of' the Purchase on the Certificate of
Occupancy issued by the City of Coppell to CJ's Clubhouse. Mr. Sones informed me that the
Purchase would have no impact on the existing Certificate of Occupancy because the Purchase
would involve no eh,nge in the operation of C$'s Clubhouse. Mr. ,bnes also informed me that if
the new operator of Cl's Clubhouse were to change the signage or add awnings, for ex~nple, a
new Certificate of Occupancy would be required.
1 write this letter only to confirm our understanding of the City's position with respect to
the Special Use Permit and Certificate of' Occupancy requirements in conncct/on with the
Purchase prior to the purchaser's consummation of the transactions contemplated by the
Purchase. As I am sure you can understand, any inaccuracies or misunderstand/rig with respect
to the City's position concerning the Special Use Permit and Certificate of Occupancy would
severely impact thc purchaser's operation of the Business. Thus, if this letter is inaccurate/n any
respect, please/nform us of any such inaccuracy as soon as possible by calling mc at (972) 628-
3662. Thank you very much for your assistance w/th this m~er.
Sincerely,
Lib:nc
L. Kyle Ferguson
O GE Aviation Materi,
.5201 Regent BIv~L Suite 130 Irving, TX 750e3
Voice: 972-5~8-8400 Fax: 972-5~-8401
To: Mr. Gary Sieb From: KevinKelly
Company: City ofCoppell Phone: 972-536-8470
Phone: 972304-3678 Fax: 972-393-1934
Fax: 972304-7092 Emuil: Kevin.kelly~.ge. com
Date: January 30, 2002 Number of Pa~ Including Cover: 3
Subject: GI's Letter
Hello Gm'y,
Here is the lett,r that I receiv~ from my attorney regarding the takeover of CJ's with
regards to the special use permit and the CO. I knew I should have written it (I think hc
gets paid by the word)! You can fax me a respons~ at (972) 393-1934.
T~e~ks Gary.
K~tm Kelly'
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