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ORD for S-1155R2 1' H ii C I T Y 0 F' COPiSEI £ December 20, 2000 Mr. Pat Henggeler Henggeler Properties, L.P. 804 Bullock Street Coppell, TX 75019 RE: Ordinance for Cases No. S-1155R and S-1155R2~ Dickey's Barbecue Pit Dear Mr. Henggeler: On March 14 and September 12, 2000, the Coppell City Council approved the zoning changes for Case Nos. S-1155R and S-1155R2, Dickey's Barbecue Pit. Attached you will find a copy of Ordinance No. 91500-A-274, which was approved by Council and signed by the Mayor on December 12th. If you have any questions, please contact me at (972) 304-3675. Sincerely, , A.I.C.P. Planning and Community Services le Engineering Building Inspection file 255 PARKWAY * PO.BOX 478 * COPP£LL TX 75019 * TEL 972/462 0022 ~ FAX 972/304 367:3 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO.- 2.74- 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 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 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. 1 360~0 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 instrument. 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 part so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the Comprehensive Zoning 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"~-[ ~--IEEI--~, M~~ ~ ATTEST: (REH/cdb 11/21/00) 3 36o4o Original Tract - S-1155 Whereas, Henggeler Prope~ies, L.P. are the sole owners of a 0.91.3 acrs tract of land situated in the of Coppell, Dallas County, Texas, recorded in Volume 97156, Page 03472 of the Dallas County Deed Records and being more particulady described as follows: Beginning at a copped iron rod (stomped 'Connally RPLS 3935) found marking the intersection of the west right-of-way line of the Denton Tap Rood (120' R.O.W.), with the southeast right-of-wry line of a St. Louis ~ Southwestern Railroad (100'), said beginning corner also being the northeast corner of said 5.1~89 cc;e tract and the premises herein described; Thence with the west right-of-way line of Denton Tap Rood, the east line of said 3.14~9 acre tract said premises, South, 279.00 feet to a 1 inch iron rod found marking the southeast car,get of said premises; Thence the south line of said premises. West. 153.79 feet to a 1 inch iron rod found mcrking its south-~est comer, said corner being in the west of said 3.1489 acre tract and the eost right-of-woy line of o 15' foot alley in the east line of Ncrth Lake Estates, an addition to the City of Coppell recorded in Volume ~5, Page 65 of the Dallas County P!at Records; Thence 'with the west line of the herein described premises, the west mine of said 3.1,t89 Dore tract, o~c the ecs: ri~ht-of-wc¥ line cf said ~:tley on addition, North O0 decjrees O0 minutes 48 seconds West, 2~8..~' fee'. to c I inch ircn rod found mcr~,dng the northwest corner of said premises, said 3.1489 core tract, the ncr'.hecst corner of scic ccditicn, and Oeing tn the southeast right-of-wa/ !ins of the :forementionec St. Louis 4- Southwestern Railroad; Thence with the northwest line of said premises, said 3.1489 acre tract, and the scuthecst right-of-wcy line of said railroad, North 75 degrees 04 minutes 5,3 seconds East, 159.22 feet to the place of begi~.ing and containing 3g,75,~ square feet or 0.913 acre of land. Additional Parking Area BEING A TRACT OF LAND SITUATED IN THE REVISIONS OF LOTS 20 THROUGH ,35 OF THE NORTH LAKE ESTATES SUBDIVISIOt~, ABSTRACT 1296, CITY OF COPPELI., DALLAS COUNTY, TEXAS, AND BEING PART OF LOT 2,3A, 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 MORE: PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A I/2' IRON RO0 Sc'-I' FOR CORNER ,AT THE NORTHWEST CORNER OF LOT 23-A 1M-UCH BEARS NORTH 75' 02' 00' EAST, A DISTANCE OF 99.02 FLEET ALONG THE SOUTH 15 FOOT ALLEY EASEMENT; THENCE SOUTH 52' 31' 09' EAST, ALONG THE SOUTHWEST LINE OF SAID ALLEY EASEI~ENT A DISTANCE OF 18.28 FEET TO A 1/2' IRON RO0 SET FOR CORNER; THENCE SOiJTH, ALONG THE WEST UNE OF SAID ALLEY EASEMENT A DISTANCE OF 100.,35 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' )NEST, A DISTANCE OF 15.48 FEET TO A CORNER ALONG A PROPOSEO FENCE; THENCE NORTH 4,1' 03' 02' WEST, A DISTANCE OF 88.36 FEET TO A CORNER ALONG A PROPOSED FENCE; THENCE NORTH 45' 11' 01' WEST, A DISTANCE OF .35.10 FEET TO THE PLACE OF BE:G~NNING AND CONTAINING 0.163 ACRES OF LAND. ~X~IBIT "A" Dickey's Front View ~,! Side View A Texas Tradition Since 1941 i Filler to be ,_ ,[ In ][ qll Iq ]p'm ® pointed Beige- .. /' Fr~'~t lit ~ ease Red Brick Base to match ,/ Building / ~luminom Face Overl.~ed with Beige Vinyl [e~erin~ ~o be Black Vin~l ond ~he S/~r is Red Vin~l TEC Customer: Salespers~,r,: Ray Dake Appr, 'vaC.C. 'PACKET __~~~APH[B Dickeys Designer: Jim,ny CUStl mer~ MONUMENT SIGN 80' FROM NORTH PROPERTY LINE 20' SETBACK FROM DENTON TAP ROAD 150' FROM NORTH DRIVEWAY VICINITY MAP Glo. p II % ~ ~ [' ' PROPOSED . : T ~ SIGN - - '~ =~~ . ,_ __ ~ I ,