OR 91-500-A-219 Changes zoning to "C-USP" for Dickey's Barbeque restaurant AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A219
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.U.P." (COMMERCIAL, SPECIAL USE PERMIT) TO GRANT A SPECIAL
USE PERMIT FOR A RESTAURANT FOR THE PROPERTY DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR SPECIAL
FLOOR PLAN AND ELEVATIONS, LANDSCAPE PLAN AND
IRRIGATION PLAN, AND MATERIALS AND COLOR PLAN, 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 a~er 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-1155 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 Coppe!l, Texas, as heretofore amended, be
and the same is hereby amended to grant a change in zoning from "C" (Commercial) to "C-S.U.P.'
(Commercial, Special Use Permit) to grant a special use permit for a restaurant, subject to special
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conditions for the property described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the
following special conditions:
(A) The property shall be developed and used only in accordance with the Site Plan, Floor
Plan and Elevations, Landscape Plan and Irrigation Plan and Materials and Colors Plan
attached hereto as Exhibits "B", "C", and "D".
(B) Accept the 1,071 square feet of fight-of-way planting to count as part of the required
landscaping.
(C)Hours of operation are limited to: 1 l:00 a.m. to 9:00 p.m. Sunday through Saturday.
(D) Improvements on the property shall be constructed of the exterior and interior
materials and be of the colors as shown in Exhibit "D" attached hereto for all purposes.
SECTION 3. That the Site Plan, Floor Plan and Elevations, Landscape Plan and Irrigation
Plan, and Materials and Colors 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 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.
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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.
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 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 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 13th day of
April,1999.
APPROVED
CANDY SHEEHAN, MAYOR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
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APPROVED AS TO FORM:
PETER G. SMITH
(PGS/ttl 3/31/99)
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SURVEY DESC, RIPTiON,
0.913 Acre (3:39,765 SF), being a part of 3.148g Acre Tract
F.F'. Eiemenderfer, Jr., Land Surveyor No. 4051; 1 October 1998
Situated in the State of Texas, County of Dallas and City of Coppell
being the northerly portion of a 3.1489 acre tract of land recorded in
volume 971,56, page 03472 of the Dallas County Deed Records.
EXHIBIT "A"
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EXHIBIT "C"
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EXHIBIT "D"