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Ordinance for S-1174R, DelimanAGENDA REQUEST FORM COPPELL DEPT: Planning & Economic Development DATE: December 10, 2002 ITEM #: 15 'ITEM CAPTION: Consider approval of an Ordinance for Case No. S-1174R, Deliman's Grille, zoning change from PD-133-HC (Planned Development- 133-Highway Cormmercial) to PD-133R4-HC-S.U.P-1174R (Planned Development- 133R4-Highway Commemial, Special Use Permit-1174R), to amend various development standards of the Planned Development and to allow the construction of an approximate 3,649 square-foot restaurant with a drive- through pick-up ~vindow and private club, to be located along the west side of Denton Tap Road, approximately 204 feet north of Natches Trace, and authorize the Mayor to sign. Motion to Approve APPROVED BY GOAL(S): ~ EXECUTIVE SUMMARY: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A 4 oCITY COUNCIL N ABOVE DATE M - Tunnell 5 - Peters Vote - §-1 Stayer against York recused w/affidavit On October 17,2002, the Planning Commission approved this zoning change (5-1). Comnnssioner Kiurell opposed. On November 12, 2002, Council approved this zoning change (5-l). Councilmember Stayer opposed. Staff recommends approval. CM REVIEW: Agenda Reque$1 Form - Revised 09,'02 Document Name: ~5S 1174R Ord. I-AR AN ORDINANCE OF THE CITY OF COPPELL, TEXAS Om INANCE NO.B,¢- Z- AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ORDINANCE NO. 91500, THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM "PD-133-HC' (PLANNED DEVELOPMENT-133-HIGHWAY COMMERCIAL) TO "PD-133- HC-S-I174R" (PLANNED DEVELOPMENT-133 REVISED 4-HIGHWAY COMMERCIAL-SPECIAL USE PERMIT-II74 REVISED) TO GRANT A SPECIAL USE PERMIT TO ALLOW FOR THE OPERATION OF A RESTAURANT AND PRIVATE CLUB TO BE LOCATED ALONG THE WEST SIDE OF DENTON TAP ROAD, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, FLOOR PLAN, LANDSCAPE PLAN, AND ELEVATIONS AND ELEVATIONS OF THE MONUMENT SIGN, TRASH ENCLOSURE AND SCREENING WALL, ATTACHED HERETO AS EXHIBITS "B", "C", "D", "E" AND "F", 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 SLIM 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. PD-133R4-HC-S-1174R should be approved, and in the exemise of legislative discretion have concluded that Ordinance No. 91500, 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 Ordinance No. 91500, 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 fi~m "PD-133- HC" (Planned Development-133-Highway Commercial) to "PD-133R4-HC-S-1174R" (Planned Development-133 Revised 4-Highway Commemial-Special Use Permit-Il74 Revised) to grant a 52327 special use permit to allow for the operation of a restaurant and private club for the property described in the attached Exhibit "A", subject to special conditions. SECTION 2. That the Special Use Permit for a restaurant and private club is hereby approved subject to the following special conditions: (A) The site shall be developed in accordance with the site plan, floor plan, landscape plan, elevations, and elevations of the monument sign, trash enclosure and screening wall which are attached hereto as a further condition. 03) That the hours of operation shall be from 6:00 a.m. to 10:00 p.m., Sunday through Saturday. (C)That the drive-through shall not include any speaker or microphone. SECTION 3. That the Site Plan, Floor Plan, Elevation and Elevations of the monument sign, trash enclosure and screening wall, attached hereto as Exhibits "B", "C", "D", "E" and "F", 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 thc 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 the 2 52327 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 ~i day of ~~~_, 2002. CITY ATTORNEY CANDY SHEE~dq, M~OR ATTEST: LIBBY BAL~ITY SECRETARY 3 52327 FIELD NOTE DESCRIPTION BEING a 0.881 acre tract of land situated in the City of Coppell, Dallas County, Texas, out of the Clarinda Squires Survey, Abstract Number 1327, and being a portion of the tract of land described in the deed to SCI Denton Tap, Ltd., recorded in Volume 99106, Page 7729, Deed Records of Dallas County, Texas, said 0.881 acre tract of land being more particularly described as follows: BEGINNING at a 5/8 inch iron rod with a red Clark-Geogram plastic cap set for the point of intersection of the westerly fight-of-way line of Denton Tap Road (a variable width right-of-way) with a northerly line of the Magnolia Park Addition, an addition to the City of Coppell as recorded by plat in Volume 98145, Page 506, Deed Records of Dallas County, Texas; THENCE with a northerly line of said Magnolia Park Addition the following: West a distance of 188.75 feet to a ¼ inch iron rod found for comer; North 49° 10' 04" West a distance of 80.94 feet to a ¼ inch iron rod found in an easterly line of said Magnolia Park Addition; THENCE departing said northerly line with an easterly line of said Magnolia Park Addition, North a distance of 107.08 feet to a 5/8 inch iron rod with a red Clark-Geogram plastic cap set for the southwesterly comer of Lot 1, Block A, Magnolia Village Addition, an addition to the City of Coppell as recorded by plat in Volume 2001134, Page 1039, Deed Records of Dallas County, Texas; THENCE departing said easterly line with the southerly line of said Lot 1, Block A, East a distance of 249.99 feet to a 5/8 inch iron rod with a red Clark-Geogram plastic cap set in the westerly right-of-way line of Denton Tap Road for the southeasterly comer of said Lot 1, Block A; THENCE with the westerly right-of-way line of Denton Tap Road, South a distance of 160.00 feet to the POINT OF BEGINNING; CONTAINING a computed area of 0.881 acres (38,380 square feet) of land. I~t'~I'BIT 'A' Coppcll Grill - Field Note Description.doc : I~ I-FqC] IIIl ]]!lhllll I /- ,-/ .~'."' ~'~x H~B~T nEn ~HIBIT 'F"