CC approval of ORD 1/23/96 AGENDA REQUEST FORM
CITY COUNCIL XEETIN(~: ~&nuar¥ 23, 2996 ITF, M # (~[/
ITEM CAPTION:
Consideration and approval of an Ordinance for Case No. S-1094R (Dairy
Queen Restaurant) changing the zoning from C (Commercial) to C-S.U.P.
(Commercial, Special Use Permit) for a drive-through restaurant for
property located at the northwest corner of Southwestern Boulevard and
Denton Tap Road, and aut/~or~;~ .tbs..Mayor to sign.
SUBMITTED ~Y: Gary L. Sieb ..;
TITLE: ' Directo~ of' Planning and Comm. Services INITIAL '
ST/iFF COMMENTS:
On September 12, 1995, Council approved this Special Use Permit.
STAFF RECOMMENDATION Approval ~ Denial
EXPIa~NATION:
BUDGET ]LMT.$ ~MT. EST.$ +/- BUD:$
FIN3~NCIILL COMMENTS :~
REVIEW~¥~ CITY MANAGER REVIEW
FINaNCIaL
Agenda Request Form = Revised 1/94 DocumcntName pzs1094r.ord.
Put '~ok~m~d' I~r in prin~r~
ORDINANCE NO ~',/~'43 ~ --,,~ -,/,/ /-//
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, AS HERETOFORE AMENDED, BY GRANTING A CHANGE
IN ZONING FROM "C" (COMMERCIAL) TO "C-S.U.P." (COMMERCIAL,
SPECIAL USE PERMIT) FOR A DRIVE-THROUGH RESTAURANT, WITH
SPECIAL CONDITIONS, ON PROPERTY LOCATED ON THE
NORTHWEST CORNER OF THE INTERSECTION OF SOUTHWESTERN
BOULEVARD AND DENTON TAP ROAD, COPPELL, DALLAS COUNTY,
TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT
"A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL OF THE
SITE PLAN ATTACHED HERETO AS EXHIBIT "B"; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILll'Y CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00)
DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission of the City of Coppell and
the governing body of the City of Coppell in compliance with the laws of the State of
Texas, and the ordinances of the City of Coppell, have given requisite notice 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-1094R should be approved, and in the exercise of its 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 on the
6th day of February, 1979, as heretofore amended, be, and the same are hereby,
amended by granting a change in zoning from "C" (Commercial) to "C-S.U.P."
(Commercial, Special Use Permit) for a drive-through restaurant, with special conditions,
on property located at the northwest corner of the intersection of Southwestern Boulevard
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and Denton Tap Road, Coppell, Dallas County, Texas, and being more specifically
described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION ~). That the above change in zoning is hereby granted subject to
the following special conditions:
A. That the property shall be developed and used only in accordance with the
Site Plan attached hereto as Exhibit "B";
B. The property shall be developed with a ten foot (10') sidewalk easement
from the back of the curb along Denton Tap Road;
C, The sidewalk from the back of the curb along Denton Tap Road as shown
on the Site Plan attached hereto as Exhibit "B" shall be constructed by the
property owner when deemed necessary by the City Engineer;
D. A dedication deed or instrument for the sidewalk easement described herein
meeting the satisfaction of the City Engineer shall be tendered to and
accepted by the City for recordation prior to the issuance of any building
permit for the property;; and
E. Grading and drainage plans for the property shall be submitted to the City
Engineer prior to the issuance of any building or other permit for the
development of the property.
SECTION 3. That the Site Plan, attached hereto as Exhibit "B", and made
a part hereof for all purposes, is hereby approved.
SECTION 4. That the above property shall be used only in the manne.r and
for the purpose provided for by the Comprehensive Zoning Ordinance of the City of
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Coppell, as heretofore amended, and as amended herein.
SECTION ,5. That all provisions of the ordinances of the City of Coppell in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions of the ordinances of the City of Coppell 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 invalid, illegal or unconstitutional,
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 the 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 fine not to exceed the sum of Two Thousand
($2,000.00) Dollars for each offense; and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
SECTION 9. This ordinance shall take effect immediately from and after its
passage and the publication of the caption, as the law and charter in such cases provide.
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DULY PASSED by the City Council of the City of Coppell, Texas this the ...2...~
day of ~.~,..,..~.~ , 1996.
TOM MORTON, MAYOR
AFl'EST:
APPROVED AS TO FORM:
PETER G. SMITH, CITY A'I-rORNEY
(PGS/ct 1/18/96)
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Being a tract of land ova of NORTH ~AXE ESTATES, an Addition to
City of coppell, Texas, according Co the plat thereof record®d in
Vol~e 45, Page 65 of the Map Records of Dallas County, ?exae, and
being more p&rtic~lerly delcribed es followl:
BEGINNING at · 1/2" iron rod for corner in the Nor~h line
Coppsll ~oad (~0' R.O.W.)., said ~oint being Morth ~9 deg. 30 ml~.
East, 148.03 feet ~rom its intereection wi~h ~he East line of
Bullock Drive (50' R.O.W.);
THENCE North, parallel wi~ Bullock Drive, a ~im~ance of 126.3X
foot ~o a 1/2" iron rod for corner;
~CE Zest, 150 fee~ ~o a ~/2" iron rod ~or c~rnar in ~e
line ~ Denton Tap Rot~ (variable width R.o.W.)~
THENCE South wi~ the West line of Dento~ Tap Reid, a distance of
05 fee~ 2o a 1/2" iron r~ for corner, laid point being the
Northernmo~2 corner o~ a 40' x A0, cut off ~or ~he intersection
the went line of Dent~n Tap Road with the Norta line o~ coppell
Road;
THENCE Sou=h 44 deg. 4~ min. 12 eec. Went with said cu~ off line,
a distance ~f 56.~2 fee= ~o a 1/2" iron rod In ~ha Nor~ line of
Coppell Ro~d;
~Cg Sou~h 89 deg. 30 min. Weet with %he North line of Coppell
EXHIBIT "B'm