CC approval of ORD 4/13/99ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1155, Dickey's Barbecue Restaurant, zoning change
request from C (Commercial) to C-S.U.P. (Commercial, Special Use Permit), to allow a 4,000 square foot
restaurant on a .913 acre tract of property located along the west side of S. Denton Tap Road; along the
south side of the St. Louis ar Southwestern Railroad right-of-way, and authorizing the Mayor to sign.
SUBMITTED BY: Gary L. Sieb
TITLE: Director of Planning and Community Services
STAFF COMMENTS:
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
APPROFED
BY
CITY C Ut',JCIL
DATE _ -
Council unanimously granted this zoning change request on March 9, 1999.
Staff recommends approval.
DIR. INITIALS:_?52
Agenda Request Form /99
FIN. REVIEW:
CITY MANAGER REVIEW:
Document Name: @S1155o
AN ORDINANCE OF THE CITY OF COPPELI,, TEXAS
ORDINANCE NO. ~/'5-O0 o- ~ -~I~'
AN ORDINANCE OF ~ CITY OF COPPELL, TEXAS,
AMENDING TH-E COMPREHENSIVE ZONING ORDINANCE AND MAP
OF ~ 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 ~ PROPERTY DESCRIBED
IN EXmBff "A" ATI'ACHED HERETO; PROVIDING FOR SPECIAL
CONDmONS; PROVIDING FOR THE APPROVAL OF ~ SITE PLAN,
FLOOR PLAN AND EI,EVATIONS, LANDSCAPE PLAN AND
IRRIGATION PLAN, AND MATERIALS AND COLOR PLAN, ATTACHED
HERETO AS EXItIBITS "B", "C", AND "D", RESPECTIVELY;
PROVIDING A REPEAl,lNG CLAUSE; PROVIDING A SEVERABH,ITY
CLAUSE; PROVIDING A SAVINGS CI~USE; PROVIDING A PENALTY
OF FINE NOT TO EXCEED ~ SUM OF TWO THOUSAND DOLLARS
($2,000.00) FOR EACII OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WltEREAS, 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-1155 should be approved, and in the exercise of
legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be
amended.
NOW, TllEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPEI,L, 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
and the same is hereby amended to grant a change in zoning bom "C" (Commercial) to "C-S.U.P."
(Commercial, Special Use Permit) to grant a spedal use penuit for a restaurant, subject to special
1 SS24556
conditions for the property described in Exhibit "A" attached hereto and made a part hereof for all
purposes.
' SECTION 2. That the Spedal 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 right-of-way planting to count as part of the required
landscaping.
(C)Hours of operation are limited to: 11:00 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 $. 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 shah remain in full force and effect.
2 ss24556
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 affc~--t 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 govemed 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 Il. 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 CoppeR, as heretofore amended, and upon conviction shall be punished by a
fine not to exc~.xi 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 bom 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 CoppeR, Texas, this the t~] 4/~ day of
P~)~ [ ./I ,1999.
CA]XlDY SH~E~S~N, ~OR
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
SS24556
APPROVED AS TO FORM:
PETER G. SMUt, CITY ATTORNEY
(PGS/ttl 3/31/99)
4 SS24556
8UFIVEY DESCRIPTION,
0.913 Acre (39,765 SF), being a port of 3.1489 Acre Tract
F.E. Bemenderfer, Jr., Lend Surveyor No. 4051; 1 October 1998
Situated in the State of Texas, County of Dallas and City of Coppell
being the northerly portion of o ,3.1489 acre tract of lend recorded in
volume 97156, page 03472 of the Dallas County Deed Records.
EXHIBIT "A"
J I Sl'J~ PLAN. FLOOR PLAN AND ELEVATIONS
ARCHITICT8 IIIC.
O~ LAM)OOAFE DATA
02 ~TEW~
I~IGAT]O~
ARCHITECTS INC.
Brick
BP-1
Block
B-1
B-2
Dk::key'l Barbecue Re~t~urlnt
Protolype M~terkd Finishes
8 Febmlry 1909
Featherlite split-face Concrete Masonry Unit "Umestone" (F'mld Wall)
Featherlite Burnished Concrete Masonry Unit 'Stonelake Red" (Wainscot
& Accent Bands)
Window Mullion~
W-1
Awnings
MA-1
MA-2
FA*I
AEP-Span Inc./Kynar Standard 'Colonial Red'
Berridge Satin Finish, Galvalume (Awnings and at E,;~,y' Canopy)
MA-1 painted to match W-1
Fabric Awning, Boyle's Style 73
Paint
P-1
P-3
Irltgrlor Materials
Marlite Fiberglass Panel "Almond" with Slate Iinish 0<]tchen Area and
Condiment Counter back splash)
Finish on wood panels to match Wilsonart crattwood ~Dg0-C1 'North
(on aJI waJis end rmff wsils)
Glidden "Colonial Red"/lO year 09/'250 semi-gloss (,MI trim end tloor base)
Sherwin Williems d~2~ lvy WsJ" flEt finish (wall from top of ~m to structure
Sherwin Williams ~1476 'Truly Te~' ~ finish (ceiling and ell exposed structure)
Two 'l~rtle Creek Village · :]838 Oak Lawn
· Suite 1505 · Dallas, Texas 75219 · 214/520-2221 · FAX 214/528-6820
EXHIBIT "D"