CC approval of ORD 10/12/99 MEETING: October 12, 1999 ITEM # ~ ~'-
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1077R, Sonic Restaurant, zoning change from C-S.U.P.
and C (Commercial and Commercial, Special Use Permit) to C-S.U.P. (Commercial, Special Use Permi0, to
incorporate approximately 5,422 square feet of land to an existing .658-acre site and allow the development
of 13 additional parking spaces, 9 to include menu boards, located at 201 N. Denton Tap Road, and
authorizing the Mayor to sign.
APPROVED
BY
SUBMITTED t~.Ga~Y L.Sieb ~ C[ TY C OUN CI L
TITLE: ~ Director of Pla~ing and Community Services D Al' ~ J~ '~ / '~-" ~ ~
STAFF COMMEI~.q: .... ~, a~/,~"00 -~ ~- Z 3 ~-
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Council unanimously granted this zoning change request on August 24, 1999.
Staff recommends approval.
Agenda Request Form - Revised 2/99 Document Name: ~S1077Ro
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
OImiNANCE NO... 2.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AME ING T IE COMPREI NSIVE ZONING ORDINANCE AND MAP
OF THE CITY OF COPPELL, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "C" ANI) "C-S.U.P."
(COMMERCIAL AND COMMERCIAL, SPECIAL USE PERMIT) TO "C-
S.U.P." (COMMERCIAL, SPECIAL USE PERMIT) TO GRANT A
SPECIAL USE PERMIT FOR A RESTAURANT, DRIVE-IN AND
PARKING FACILITIES FOR THE PROPERTY DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO; PROVIDING FOR SPECIAL CONDITIONS;
PROVIDING FOR THE APPROVAL OF THE S.U.P. EXHIBIT, THE
CANOPY ELEVATION, SIGN, AND SITE PLAN, AND THE 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 at~er 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-1077R
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 "C" and "C-S.U.P."
(Commercial and Commercial, Special Use Permit) to "C-S.U.P." (Commercial, Special Use
Permit) to grant a special use permit for a restaurant, drive-in and parking facilities, subject to
1 27935
special conditions, and being further described in Exhibit "A" attached hereto and made a part
hereof for all purposes.
SECTION 2. That the Special Use Permit for a restaurant, drive-in and parking facilities is
hereby approved subject to the following special conditions:
(A) All landscaping requirements must be met or must obtain the appropriate relief from
the Board of Adjustment.
(B) The hours of operation shall be the same as the hours of operation for the existing
restaurant as follows: Sunday through Thursday, from 9:00 a.m. to 11:00 p.m.;
Friday and Saturday, from 9:00 a.m. through 12:00 a.m.
(C)Building materials must match the existing structure.
(D) The trash dumpster shall be moved north, outside the sight-visibility line, but in an
accessible location.
SECTION 3. That the S.U.P. exhibit, the canopy elevation, sign and site plan, and the
landscape 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 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.
SECTION 6. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutiorial, illegal or invalid, the same shall not
2 27935
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.
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 frae not to exceed the stun of Two Thousand Dollars ($2,000.00) for each offense; and each and
ever), day such violation shall continue shall be deemed to constitute a separate offense.
SECTION 9. 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~, ,~P~' day
of [~]~-,~,/ , 1999.
ANDY SHEEI~AN, MAYOR
ATTEST:
LIBBY BALLg~ITERIM CITY SECRETARY
APPR~yO FORM:
R0~BB~~, CI//'rSY ATTORNEY
(REIadcdb 9/23/99)
3 27935
LEGAL DESCRIPTION
THE SONIC ADDITION
SPECIFIC USE PERMIT
BEING a tract of land situated in the George W. Jack Abstract No. 694, Dallas County, Texas,
said tract being all of Lot 1, Block A, The Sonic Addition, an addition to the City of Coppell,
Texas as recorded in Volume 94144, Page 2353 of the Deed Records of Dallas County, Texas,
said tract also being a part of that tract of land conveyed to William & Pat Boorhem as recorded
in Volume 83065, Page 2949 of said Deed Records, and more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found at the southeast comer of Lot 32B, Block A,
Huntington Ridge, an addition to the City of Coppell as recorded in Volume 94160, Page 4364
of the Deed Records of Dallas County, Texas;
THENCE N 00deg 19rain 41sec E along the east line of said Lot 32B, a distance of 24.51 feet
to a 1/2 inch iron rod set for corner;,
THENCE N 88deg 18rain 44sec E departing said east line of Lot 32B, a distance of 220.67 feet
to a 1/2 inch iron rod set in the west line of Denton Tap Road (100 foot right-of-way);
THENCE S 00deg 58min 32sec E along said west line of Denton Tap Road, a distance of
129.73 feet to a 'X' set in concrete;
THENCE S 88deg 17rain 44sec W departing said west line, a distance of 269.67 feet to a ½
iron rod set for comer, said point being in the east line of Lot 32A, Block A, Huntington Ridge;
THENCE N 00deg 58min 31sec W, a distance of 104.76 feet to a 1/2 inch iron rod set;
THENCE N 87deg 40min 10sec E, a distance of 48.45 feet to the PLACE OF BEGINNING and
containing 33,784 square feet or 0.775 acres of land.
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SONIC ADDITION