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CC approval of ORD 12/12/00F COPi Ei [, AGENDA REQUEST FORM CITY COUNCIL MEETING: December 12, 2000 ITEM # ITEM CAPTION: Consider approval of an amendment to Ordinance No. 91500-A-219 for Case Nos. S-1155R and S-1155R2, Dickey's Barbecue Restaurant, C-S.U.P. (Commercial, Special Use Permit), by amending the Site Plan and the Landscape Plan to allow for a monument sign and to allow for additional parking spaces on property located along the west side of S. Denton Tap Road; along the south side of the St. Louis & Southwestern Railroad right-of-way, and authorizing the Mayor to sign. APPROVED SUBMITTED CiTY COUNCIL T TL ( Di,'e orofP _ i,', anaComm,,,* STAFF C O M1VI'E'-NT~&¢-----"-~ Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On February 17, 2000, the Planning Commission unanimously approved Case No. S-1155R to allow a monument sign (7-0). On August 17, 2000, the Planning Commission unanimously approved Case No. S- I 155R2 to allow additional parking spaces at the rear of 804 Bullock Drive (6-0). On March 14, 2000, City Council unanimously approved Case No. S-1155R (5-0) and on September 12, 2000, it unanimously approved Case No. S-1155R2 (6-0). Staff recommends approval. DIR. INITIALS: ~' FIN. REVIEW: ~ CITY MANAGER REVIEW.'~~~ Agenda Request Form - Revised 5/00 Document Name: ~S AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~ff_/~ '.' ~..7~,,- 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-1155) ORDINANCE NO. 91500-A- 219 BY AMENDING THE SITE PLAN AND THE LANDSCAPE PLAN TO ALLOW FOR A MONUMENT SIGN AND TO ALLOW FOR ADDITIONAL PARKING SPACES FOR THE PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE MONUMENT SIGN, REVISED SITE PLAN AND LANDSCAPE 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 aider 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-1155R and S-1155R2 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 Coppell, Texas, as heretofore amended, be amended by amending Special Use Permit (S-1155) Ordinance No. 91500-A-219 by amending and expanding the Special Use Permit site plan and the landscape plan to allow for a monument sign and additional parking to the west of the building, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 36040 SECTION 2. That the property shall be developed and used only in accordance with Special Use Plan (S-1155), Ordinance No. 91500-A-219, except where special conditions apply which are as follows: A. That any additional parking and/or access to site through the alley shall require additional traffic diverters constructed at the expense of the owner and subject to the approval of the City and the affected utility companies. B. A 24' off-site fire lane shall be established either by replat or separate instnmaent. C. That the monument sign shall be black lettering within a black border. SECTION 3. That as a further condition, the Monument Sign, Site Plan and Landscape Plan 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 pan so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zomg Ordinance as a whole. 2 36o4o 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 ]~,~' day of ~, 2000. CAND"~ ~EE~, M~,~O~]~ ~ ATTEST: ~TARY (REH/cdb 11/21/00) 3 36040 Original Tract - S-1155 Whereas, Henggeler Proper'ties, L.P. are the sole owners of <3 0.913 acre tract of land situated in the C;ty of Coppetl, Dallas County, Texas, recorded in Volume 97156, Page 03472 of the Dallas Ccunty Deed ReGards and being more parlicularty described as follows: Beginning at a capped iron rod (stamped 'Connally RPLS 3935) found marking the intersection of the west right-of-way line of the Denton Tap Road (120' R.O.W.), with the southeast right-of-way line of a St. Lcuis & Southwestern Railroad (100'), said beginning corner also being the northeast corner of said 3.14~9 care tract and the premises herein described; Thence with the west right-of-way line of Denton Tap Road, the east line of said 3.1~-89 acre tract ced said premises, South, 279.00 feet to a 1 inch iron rod found marking the southeast corner of said prem ises; Thence the south line of said premises, West, 153.79 feet to a 1 inch iron rod found marking its southwest comer, said corner being in the west of said 3.1~89 acre tract and the east right-of-way line of a 15' foot alley in the east line of North Lake Estates, an addition to the City of Coppell recorded in Volume 45, Page 65 of the Dallas County Plat Records; Thence with the west tine of the herein described premises, the west line of said 3.14.89 acre treat, ant the ecs: right-of-way line of said alley an addition, Ncrth O0 degrees O0 minutes 48 seccnds West, 238.,3' fee.-. to a 1 inch iran rod found mc~ing the northwest corner of said premises, said 3.1~-89 care tract, the nar:beast carnet of sci(: odditicn, and being in the southeast right-of-way !ine of the :forementioneC St. Lcuis & Southwestern Railroad; Thence with the northwest line of said premises, said ..3.1489 acre tract, and the scutheast right-of-way line of said railroad, North 75 degrees 04 minutes 53 seconds East, 159.22 feet to the place of beginning and ¢cntaining 39,76~ square feet or 0.91.3 c~cre of land. Additional Parking Area BEING A TRACT OF LAND SITUATED IN THE RE'VISIONS OF LOTS 20 ll~ROUGH 33 OF THE NORTH LAKE ESTATES SUBDIVISION, ABSTRACT 1296, CITY OF COPPELL, DALLAS COUNTY, TEXAS, AND BEING PART OF LOT 23A, A 0.36 ACRE TRACT OF LAND DESCRIBED IN A DEED TO THE CITY OF COPPELL OF RECORD IN VOLUME 71102, PAGE 65, MAP RECORDS, DALLAS COUNTY, TEXAS, AND BEING klORIr PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2' IRON RO0 SET FOR CORNER AT THE NORTHWEST CORNER OF LOT 23-A WHICH BEARS NORTH 75' 02' 00' EAST, A DISTANCE OF 99.02 FEET ALONG THE SOUTH 15 FOOT ALLEY EASEMENT; THENCE S(XJTH 52' 31' 09' EAST, ALONG THE SOUTHWEST UNE OF SAID ALLEY EASEMENT A DISTANCE OF 18.28 FEET TO A 1/2' IRON RO0 SET FOR CORNER; THENCE SOUTH, ALONG THE WEST UNE OF SAID ALLEY EASEMENT A DISTANCE OF 100.55 FEET TO A 1/2' IRON ROD SET FOR CORNER; THENCE SOUTH 65' 42' 19' WEST, A DISTANCE OF 7.64 FEET TO A CORNER AT AN EXISTING FENCE; THENCE NORTH 65' 08' 20' WEST, A DISTANCE OF 15.48 FEET TO A CORNER ALONG A PROPOSED FENCE; THENCE NORTH 43' 03' 02' WEST, A DISTANCE OF 88.36 FEET TO A CORNER ALONG A PROPOSED FENCE; THENCE NORTH 43' 11' 01' WEST, A DISTANCE OF 33.10 FEET TO THE PLACE OF BEGINNING AND CONTAINING 0.163 ACRES OF LAND. EI~FIlBIT Dickey's Front View 8' ............ 7' Side View ATexas Tradition Since 1941 /~ Filler to be / Front lit Red Brick Base to arch / Building / Aluminum Face Overlayed with Beige Vinyl Lettering to be Black Vinyl and the Star is Red Vinyl ATTA¢~ED TO _~.~ERO TEC Customer: s~,.~p.~o.: RayDake Appr, 'vaC,C. PACK[T ~A~H~ Dickeys Designer: Jimmy Cust( mer~ 12709 Last~ate O,. Mesqu, te,~,~. , ..... Location: Date: Sale~ MONUMENT SIGN 80' FROM NORTH PROPERTY LINE 20' SETBACK FROM DENTON TAP ROAD 150' FROM NORTH DRIVEWAY ---v-ICINI -'I~--MAP ~,. , : NT : SIGN .~ - ~ . / _ I 01 PRELIMINARY SITE PLAN