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CC approval of ORD 7/11/00~ AGENDA REQUEST FORM C 3PP-ELL CITY COUNCIL MEETING: July 11, 2000 ITEM # __~ ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1176, Jack In The Box Restaurant, zoning change request from (LI) Light Industrial to LI-S.U.P. (Light Industrial, Special Use Permit), to allow the construction of a 2,742 square foot fast food drive through restaurant on approximately 1 acre of property located on the south side of S.H. 121, approximately 320' east of N. Denton Tap Road, and authorizing the Mayor to sign. TITLE: k~_~!gLo~or~-Btafining and Community Services STAFF COMMENTS: APPROVED BY CITY COL!~'* ..... Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On May 9, 2000, City Council voted to approve this zoning change (6-1) with Councilman Stover opposing. Staff recommends approval. DIR. INITIALS: ~' Agenda Request Form - Revised 5/00 FIN. REVIEW: CITY MANAGER REVIEW: Document Name: @S1176o AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~'"/~ '"~ 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 "LI" (LIGHT INDUSTRIAL) TO "LI-S.U.P." (LIGHT INDUSTRIAL, SPECIAL USE PERMIT) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE CONSTRUCTION AND OPERATION OF A RESTAURANT ON APPROXIMATELY ONE ACRE OF PROPERTY MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE DETAILED SITE PLAN, LANDSCAPE PLAN, AND ELEVATION PLAN ATTACHED HERETO AS EXHIBITS "B", "C", AND "D" RESPECTIVELY; PROVIDING FOR SPECIAL CONDITIONS; 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 goveming body is of the opinion that Zoning Application No. S-1176 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 and the same is hereby amended to grant a change in zoning from "LI" (Light Industrial) to "LI- S.U.P." (Light Industrial, Special Use Permit) to grant a special use permit for a restaurant, subject to special conditions, for the property described in Exhibit "A" attached hereto and made a part hereof for all purposes. 1 33989 SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to the following special conditions: (A) That the hours of operation shall be from 6:00 a.m. to 10:00 p.m. Sunday through Thursday for the Dining Room; and, 6:00 a.m. to 1:00 a.m. Sunday through Thursday for the Drive-Thru; and, from 6:00 a.m. to 10:00 p.m. Friday and Saturday for the Dining Room; and, from 6:00 a.m. to 2:00 a.m. Friday and Saturday for the Drive- Thru. (B) That all exterior building materials shall be uniform in color and shall be in accordance with the approved color board. SECTION 3. That the Site Plan, Landscape Plan, and Elevation Plan are conditions of the zoning and are attached hereto and incorporated herein by 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 the development of the property herein shall be in accordance with building regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended herein. SECTION 6. 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. SECTION 7. 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 2 33989 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 8. 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 9. That any person, finn 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 10. That this ordinance shall take effect immediately from 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 J] ~ day of ,2000. R~. ~I~-~A~TORN EY (REH/¢db 6/26/00) CA"~DX~ ~I~EHAN, MAYOR ATTEST: LIBBY BA~ CITY SEC~TA 3 33989 LEGAL DESCP~TPTION ~-~E~;F_.AS I];NTON TAP I~OI~i;~NT. LLC.. I~ ~e ~ of ~nty, Texo~ ~ ~g ~ ~ ~e 7.~ ~ ~t 19~ ~d r~ ~ V~u~ ~ P~ 2398 ~ ~e ~ ~nty ~ R~ ~d ~ m~e ~l~y ~ ~ f~o~ ~low ~ost~ ~ st~ '~ ~9' ~ ~e ~NT ~d ~ N~ 79' 05' ~' ~t 2~.89 ~t; ~ N~ A~t~'; ~C[ N~ ~' 5~ 37' W~ 1~ f~t to o set ~-~ ~ N~h 1~ 14' 12' E~t ~I.~ f~t ~9 ~e w~t c~ m~e of ~ ~' 59', md ~e I~ ~ ~ ~ 75' ~' ~' Eo~t 1~73 f~ to ~e P~t of B~n~G ~d ~to~ ~,925 ~ ~t ~ 1.~1~ E~RTBIT ~A~ GENERAL NOTES /' / / ( SITE PLAN SD1.0 LEFT ELEVATION ~ .... /,..,..o. II FRONT ELEVATION SIGN ELEVATION EXTERIOR ELEVATIONS · A4.0 F-- Z III SITE PLANTING PLAN SITE PLANTING PLAN L1.0 RIGHT ELEVATION II REAR ELEVATION EXTERIOR ELEVATIONS A4.1