CC approval of ORD 10/10/1995 AGENDA REQUEST FORM
ITEM C~PTION:
Consideration and approval of an Ordinance with special conditions for
S-1093 (Taco Bell), to change the zoning from C (Commercial) to C-
S.U.P. (Commercial, Special Use Permit) for property located on the
west side of Denton Tap Road, approximately 574 feet north of Sandy
Lake Road, and authorizing the Mayor to/mi~n.
A PPR O, [/ED/~ ~ ~)
:" ~- ~ .~z~.~..~. ~ '
Cli'Y CGL~qCj1L X
TITLE: Director of Planning and Comm. Services INITIALS
STAFF COI. fl~ENTS:
Council approved this Special Use Permit at its May 9, 1995, meeting.
STAFF RECOMMENDATION Approval ~ Denial
EXPLANATION:
BUDGET AMT. $ AMT. EST. $ +/- BUD: $
FINANCIAL COMMENTS. ~%k,
FINANCIAL REVIEW~ CITY MANAGER REVI
Agenda Request Form - Revised 1194 Doeunmnt Name S-1093.ord
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. C~/,SOO -,?~ - / o ~'
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 "C" (COMMERCIAL) TO "C
S.U.P." (COMMERCIAL - SPECIAL USE PERMIT) TO ALLOW THE
OPERATION OF A DRIVE-THROUGH RESTAURANT, INITH SPECIAL
CONDITIONS FOR PROPERTY LOCATED ON THE WEST SIDE OF
DENTON TAP ROAD, APPROXIMATELY 574 FEET NORTH OF SANDY
LAKE ROAD, COPPELL, DALLAS COUNTY, TEXAS, SAID PROPERTY
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATrACHED
HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN,
EXTERIOR ELEVATIONS PLAN, MONUMENT SIGN ELEVATION,
IRRIGATION PLAN, AND THE LANDSCAPE PLAN ATTACHED HERETO
AS EXHIBITS "B", "C", "D", "E" AND "Fw 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 Planhing 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-1093 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" (Commercial) to "C S.U.P." (Commercial - Special Use Permit) to allow the operation
of a drive-through restaurant with special conditions for the property located on the west
AGG06C61
side of Denton Tap Road, approximately 574 feet north of Sandy Lake Road, Coppell,
Dallas County, Texas, and being more particularly described in Exhibit MA" attached hereto
and made a part hereof for all purposes.
SECTION 2. That the change in zoning .for Special Use Permit to allow the
operation of a drive-through restaurant, is hereby granted subject to the following special
conditions:
1. The property shall be developed and used only in accordance with the Site Plan,
Exterior Elevations Plan, Monument Sign Elevation, Irrigation Plan and Landscape
Plan~ attached hereto as Exhibits "B", "C", '~D", '~E" and "F", respectively.
2. The brick facing shall closely match the color of the Woodside Village
shopping center.
3. The concrete roof tiles shall be a neutral shade, preferably a gray within a
color range from a highly-muted slate hue, possibly with a greenish cast, to a
highly muted earth tone with a brownish tinge.
4. The awning material shall be a solid neutral color within a color range from
off-white to gray.
.. 5. The exterior painted surfaces shall be of a solid neutral color within a color
range from off-white to gray.
6. The raised rlm.q of the tower caps and entry portals shall be of the same brick
as the building face.
7. The monument sign shall not exceed 60 square feet, with a maximum height
of eight feet, including the brick base and a setback of 72.5 feet, and shall be
constructed in accordance with the Monument Sign Elevation Plan-attached
AGG~I
hereto as Exhibit "D".
8. The hours of operation for the restaurant shall not be later than 12 midnight,
Monday through Sunday.
SECTION 3. That the Site Plan, Exterior Elevations Plan, Monument Sign Elevation
Plan, Irrigation Plan, and the Landscape Plan as shown in Exhibits "B", "C", "D", ,,E,, and "F',
attached hereto and made a part hereof for all purposes, be, and the same 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 Comprehensive Zoning Ordinance 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 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.
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.
AGG06C61
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
($2,000.00) for each offense; and each and every day such violation shall continue shall be
deemed to constitute a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its
passage and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the d OF
day of (~~~ ,1995.
APPROVED:
ATTEST:
.. ~~GRAU, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(P~S/Ct ~0-04-95)
AOG06~I
EXI[IBIT 'A"
METES AND BOUNDS DESCRIPTION
DZ$CRZ~TZON OF L. ~4G2 ACR~ OR S0,800 ~JML~ F~F OF ~ ~
1204 OF ~ D~ ~~, ~~ ~ ~ Q~ ~. ~ ~v~
~ ~ ~O ~ ISl11,
~ ~CB:
~n~ aleo ~nV In ~e m~ l~e o~
1Xne o~ I ~ ot 1~ ~
~ ~o~, a~ S.O0 ~Nt ~l
Page 27Qg, 350.00 ~ ~0 a ~e
~nu~e. 3~ ~ M~, 652.44
u one L~ ~ p~ ~ e~ ~e No~~ ~~ 6~ ~e ~Ln
~~ ~ 89 ~~ 43 ~~ 3~
~oe~ vide ~r ~e Ci~ o~ Cop~ll
I~[I~B~T UBU
~ ~ . j EXTFRIOR ELEVATIONS ~c~m ~.
SEP-27-1995 15:58 HZi HOUSTON +1 915 688 5460 P.02
~1~ BI~ "D"
TOTAL P.02
~ .
Ilm~ Zrrigation Plan
-' - · · i '' "ti i,
L, i ~ NG;tJl'Zg"V - ,IS 4)0'
DENTON TAP ROAD
a. i [
Wong and &$1ociil~, lac.
- ~ J TACO BELL e03-1060 63m I{illcToe. sui~ 616
Mayor Pro Tem Robertson seconded the motion; the motion carried 5-0 with Mayor Pro
Tern Robertson and Councilmembers Sturges, Watson, Tunnell, and Sheehan voting in
favor of the motion.
(B) Mayor Morton swore in Lanse Fullinwider, Jena Simmons, Brian Alfertig and Richard
Murphy to the Keep Coppell Beautiful Committee and Philip Fisher to Keep Coppell
Beautiful and the Tree Board.
(C) Mayor Morton swore in Marie Dahmer to the Animal Control Appeal Board; Scott
Braugh as Special Counsel; Shean Dalton to the Building and Standards Commission; and
Fred Wehrli to the Conduct Review Board and Disciplinary Appeals Advisory Board.
CON~qENT AGENDA
9. Consider approval of the following consent agenda items:
A. Consider approval of minutes: September 26, 199S
September'30, 1995
B. Consider approval of a Proclamation naming the week of October 21
through October 29, 1995 as RED IHRBON WEEK, and authorizing
the Mayor to sign.
C. Consider approval of the renewal of the contract with Connecticut
General Life Insurlmce Company (CIGNA) for medical and dental
in.qlrance benefits.
D. Consider approval of a variance from Section 10.8-3-(D) of the Sign
Ordinance to allow an off-premi~ subdivision development sign at the
request of Mr. Jeff Avery of Avery-Edwards Custom Homes on the
Northeast corner of the intersection of E. Bethel School Road and S.
Denton Tap Road.
E. Consider approval of granting a variance from Section 10-8-4 of the
Sign Ordinance requiring the issuance of a building permit prior to
approval of a temporary construction sign. This variance is being
requested by Mr. NeweH Boughton to advertise the coming of a new
Kroger store at the Northwest corner of the intersection of Sandy Lake
Road at MacArthur Boulevard.
CM101095
Page 3 of 10
F. Consider approval of an Ordinance amending the Subdivision
Ordinance No. 94643 by amending Section 3, Def'mitions to change the
definition of a parking space and by amending Exhibit A, Appendix C,
Design Criteria and Standards to change the minimum size of parking
spaces and authorizing the Mayor to sign.
G. Consider approval of an Ordinance with special conditions for S-1093
(Taco Bell), to change the zoning from C (Commercial) to C-S.U.P.
(Commercial, Special Use Permi0 for property located on the west side
of Denton Tap Road, approximately $74 feet north of Sandy Lake
Road, and authorizing the Mayor to sign.
H. Consider approval of Freeport Parkway Ri~,ht-of-Way, Final Plat, to
allow a 630.32 ft. extension of Freeport Parkway northwest of State
Highway 121, within the limits of the proposed D/FW Trade Center.
Items 9 A and D were pulled for further consideration.
Item9 B --
Mayor Morton read a Proclamation naming the week of October 23, 1995 as Red Ribbon Week.
Captain Gary Nix stated there would be red ribbons for City Staff and the school would be
participating with red ribbons for the students. October 25 is to be "Wear Red Day" and a mock
accident will be staged that day at the school.
Items 9 B, C, E, F, G, and H --
Mayor Pro Tern Robertson moved to approve Consent Agenda Items 9 B, C, E, F carrying
Ordinance No. 95722, G carrying Ordinance No. 91500-A-107 and H. Councilmember Tunnell
seconded the motion; the motion carried 5--0 with Mayor Pro Tem Robertson and
Councilmembers Sturges, Watson, Tunnell, and Sheehan voting in favor of the motion.
At this time, Mayor Morton read a Proclamation into the record proclaiming October 8-14, 1995
as Fire Prevention Week. Clay Phillips, Fire Chief, invited Mayor and Council to visit one of
the fire stations during the week. Schools will be taking tours of the Fire Stations and everyone
is welcome to visit.
Item 9 A --
Councilmember Sheehan corrected Item 15 on page 6 of the September 26, 1995 City Council.
minutes to read National Association of Industrial and Office Producers instead of Economic
Development Partnership meeting. Councilmember Sheehan moved to approve Item 9 A as
corrected. Mayor Pro Tern Robert.son seconded the motion; the motion carried 5-0 with Mayor
CMIOI09S
Page 4 of 10
Pro Tem Robertson and Councilmembers Sturges, Watson, Tunnell, and Sheehan voting in favor
of the motion.
Item 9 D --
Councilmember Tunnell voiced her objection to the off-premise billboard sign. Greg Jones,
Chief Building Official, stated that the sign would come down upon 75 % completion of the
subdivision. Mayor Pro Tern Robertson moved to approve Item 9 D. Councilmember Sturges
seconded the motion; the motion carried 4-1 with Mayor Pro Tern Robertson and
Councilmembers Sturges, Watson, and Sheehan voting in favor of the motion and
Councilmember Tunnell voting against the motion.
10. PUBLIC HEARING: Consider approval of Case No. ZC-584(CH), zoning
change from O (Office) and R (Retail) to C (Commercial), on approximately
16 acres located at the northwest corner of Beltline Road and Mac. Arthur
Boulevard; east of the TP&L transmi.qsion llne.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Heating and asked for those persons wishing to speak
regarding this proposal. Pat Keenan, 412 Wellington advised that he was generally in favor of
this zoning change; and Debra Dezendorf, 468 Shadowcrest expressed concern over the changing
of zoning on the properties within the city. Mayor Morton noted that most every use under the
new zoning would require a Special Use Permit and the applicant would have to go through
hearings. Mayor Pro Tem Robertson moved to close the Public Hearing and approve Case No.
ZC-584(CI-I), zoning change from O (Office) and R (Retail) to C (Commercial), on
approximately 16 act~ located at the northwest comer of Beltline Road and MacArthur
Boulevard; east of the TP&L transmission line. Councilmember Sturges seconded the motion;
the motion carried 5-0 with Mayor Pro Tem Robertson and Councilmembers Sturges, Watson,
Tunnell, and Sheehan voting in favor of the motion.
11. PUBLIC HEARING: Consider approval of a street name change from
CoppeH Road to Sandy Lake Road for that portion of Coppell Road between
the existing Sandy Lake Road and the existing Thweatt Road and for
consideration of a street name change from Thweatt Road to Sandy Lake
Road in its entirety.
Gary Sieb, Director of Planning and Community Services, made a presentation to the Council.
Mayor Morton opened the Public Hearing and asked for those persons wishing to speak
regarding this proposal. Debra Dezendorf, 468 Shadowcrest, voiced her concern over changing
a piece of Coppell history. Mayor Pro Tem Robertson moved to close the Public Hearing and
approve a street name change from Coppell Road to Sandy Lake Road for that portion of
Coppell Road between the existing Sandy l. ake Road and the existing Thweatt Road and approve
a street name change from Thweatt Road to Sandy Lake Road in its entirety. Councilmember
CMIOI09S
Page 5 oflO