OR 297-A-28 Amends sec.41 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO 297A28
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COPPELL, TEXAS, SO AS
TO PROVIDE A DEFINITION OF THE TERM "COMMUNITY CLUB" AND A DEFINITION
OF THE TERM "PRIVATE CLUB" AS USED IN SAID ORDINANCE AND SPECIFICALLY
AS USED IN SECTION 29, THE SPECIAL USE SECTION OF SAID ZONING ORDINANCE;
AMENDING SAID ZONING ORDINANCE TO ADD A NEW SECTION 29.15 TO THE SPECIAL
USE SECTION OF SAID ZONING ORDINANCE ESTABLISHING SPECIAL USE
REGULATIONS FOR "RESTAURANT WITH A PRIVATE CLUB"; PROVIDING THAT THE
TERM "PRIVATE CLUB" SHALL MEAN A CLUB WHERE ALCOHOLIC BEVERAGES
BELONGING TO MEMBERS OF THE CLUB ARE STORED, POSSESSED, MIXED ON THE
CLUB PREMISES AND SERVED FOR ON-PREMISES CONSUMPTION TO MEMBERS OF
THE CLUB, THEIR FAMILIES AND GUESTS PURSUANT TO A PRIVATE CLUB PERMIT
ISSUED BY THE STATE OF TEXAS AND THAT THE TERM "COMMUNITY CLUB" SHALL
MEAN ANY OTHER CLUB, SERVICE CLUB, SORORITY, FRATERNITY, LODGE OR
OTHER PRIVATE ORGANIZATION OR CLUB WHERE ALCOHOLIC BEVERAGES ARE
NOT SERVED PURSUANT TO A PRIVATE CLUB PERMIT ISSUED BY THE STATE OF
TEXAS; ESTABLISHING SPECIAL USE REGULATIONS FOR "RESTAURANT WITH A
PRIVATE CLUB"; PROVIDING A REPEALING CLAUSE; PROVIDING THAT PRIVATE
CLUB AS DEFINED SHALL NOT BE CONSIDERED AN ACCESSORY USE TO ANY OTHER
USE PERMITTED IN THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF
THIS ORDINANCE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00)
FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the governing body of the City of
Coppell, Texas, in compliance with the laws of the State of Texas with reference to
amending the Comprehensive Zoning Ordinance of the City, have given requisite notices
by publication and otherwise, and after holding due hearings and affording a full hearing
to all property owners generally, the said governing body is of the opinion that Ordinance
No. 297, the Comprehensive Zoning Ordinance of the City of Coppell, should be amended
in the exercise of its legislative discretion;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.
That Section 41 of the Comprehensive Zoning Ordinance of the City be amended
by adding thereto the following definitions:
"Private Club" shall mean a club where alcoholic beverages belonging to members
of the club are stored, possessed, mixed on the club premises and served for on-premises
consumption to members of the club, their families and guests pursuant to a private
club permit issued by the State of Texas.
"Community Club" shall mean any other club, service club, sorority, fraternity,
lodge or other private organization or club where alcoholic beverages are not served
pursuant to a private club permit issued by the State of Texas.
SECTION 2.
That Section 29 of the Comprehensive Zoning Ordinance, which establishes the
use regulations for special use classification, be, and the same is hereby, amended by
adding thereto a new Section 29.15 which shall read as follows:
"29.15 RESTAURANT WITH A PRIVATE CLUB:
A "Restaurant With a Private Club," as the term private club is defined
in Section 41 of this ordinance, shall be permitted only within the area
established in (3) below, only in the office, local retail, commercial, town
center or industrial districts, or within a planned development district
allowing office, retail, commercial or industria! uses, and only by Special
Use Permit. A "private club" shall not be considered an accessory use to
any other use permitted under the Comprehensive Zoning Ordinance of the
City.
Provided, however, as an exception to this ordinance, a Special Use Permit
for a Private Club may be granted for location within the Clubhouse
Facility on property zoned Single Family Residential with a Special Use
Permit for a Golf Course and Clubhouse.
A Special Use Permit for a "restaurant with a private club," if granted,
shah be subject to the following special conditions, and such other
conditions as may be incorporated in the ordinance granting the Special
Use Permit, to wit:
(1) BUILDING REQUIREMENTS:
In any district in which a restaurant with a private club is permitted,
such restaurant with a private club shall occupy not less than three
thousand (3,000) square feet of air-conditioned floor area and shall
be free standing. The term "free standing" as used herein shall
2
mean a building that meets all the setback requirements of city
ordinances and which shall contain no other business other than the
business to which the special use permit is issued.
In addition to the aforementioned minimum floor area requirements,
the following shall also apply:
Exterior signs other than the established trade names located on
the building or premises of a restaurant with a private club, in any
district in which a restaurant with a private club is permitted, shall
not advertise or refer to either words or symbols in the sale or
consumption of alcoholic beverages or the word "club."
(2) FOOD SERVICE:
Such restaurant with a private club shall provide regular food service
for its members and their guests. Except as otherwise herein
provided, alcoholic beverages may be served only in connection with
the service of food. Food and Drink charges shall be on the same
check.
(A) A restaurant with a private club shall provide inside service
only. However, service shall be permitted in an attached
patio or garden provided that such areas are accessed only
from the main dining area of the restaurant.
If the area of the attached patio or garden occupies an area
of less than 50% of the total floor area occupied by the
enclosed portion of a restaurant with a private club, then
the area occupied by such attached patio or garden shall not
be considered in square footage calculations for the three
thousand (3,000)square-foot floor area requirement, or for
the requirement that 20% of the total floor area be devoted
to food preparation and storage; but such area shall be
considered in all other calculations relating to serving area,
parking, etc.
If, however, the area of the attached patio or garden occupies
an area greater than or equal to 50% of the total floor area
occupied by the enclosed portion of a restaurant with a
private club, then the area occupied by such attached patio
or garden shall be considered in the calculation of the minimum
required area for food preparation and storage, as prescribed
by paragraph (2)(B) of this Section.
No drive-in curb service or service of any kind outside the
building, or attached patio or garden as provided above, shall
be permitted.
(B) The food preparation and storage area for the restaurant with
a private club shall comprise a minimum of 20% of the square
footage of the area occupied by the restaurant with a private
club, as provided for in paragraph (2)(D)5 of this section.
(C) At least 70% of the gross sales of a restaurant with a private
club shall be from the sale of food and/or non-alcoholic
beverages.
(D) In the case of hotels or motels, a private club will be allowed
in an area totally separate from the restaurant only if all of
the following requirements are met:
1. At least 70% of the combined gross food and beverage
sa]es of the private club and restaurant(s) shall be
from the sale of food and/or non-alcoholic beverages;
2. The restaurant and private club shall be located within
the same building(s) as the hotel or motel. This
provision is an exception to the free standing provision
set out in paragraph (1) of this section;
3. No less than three thousand (3,000) square feet of floor
area shall be occupied by restaurant facilities (total
restaurant operations;
4. The floor area of the private club does not exceed
the floor area of the restaurant;
5. That not less than 20% of the total combined floor
area of the restaurant and private club are used for
food preparation and storage;
6. The sale and consumption of alcoholic beverages may
be permitted within the restaurant area(s);
7. The private club shall not have a separate outside
entrance or exit, except for fire exits as may be
required by the Building Code.
(E) The operator of a restaurant with a private club shall submit
a quarterly report of sales within twenty (20) days of the
end of each quarter, for review by the City Finance Director
or his designee. All violations shall be reported to the City
Council.
The report shah be on a form provided by the City showing
gross receipts from sales of food and non-alcoholic beverages,
and alcoholic beverages, identified separately. Upon request,
the operator shall provide documentation necessary to
substantiate the quarterly report. If the City retains the
services of an accountant to audit the operator's financial
statements, and the operator cannot substantiate in its
quarterly report its compliance with the requirement that at
least 70% of the gross sales of the restaurant with a private
club are from the sale of food and non-alcoholic beverages,
the operator shah bear the cost of the accountant's services.
(3) LOCATION:
A Special Use Permit for a restaurant with a private club shall be
issued only in the area of the City marked as Area 2 on the map
attached hereto as Exhibit "A," said map being made a part hereof
for ali purposes. Provided, however, within the "Town Center" shown
on said map, any such restaurant with special use permit for private
club must face Town Center Boulevard and such permits within the
"Town Center" shall not be issued until after Town Center Boulevard
and Heartz Road have been constructed. Any property adjacent to
Area 2 which is hereinafter annexed into the City shall be considered
within Area 2.
4
A restaurant with a private club shah not be located closer than
three hundred (300) feet from:
(A) Any residential zoned district;
(B) Day Care Center;
(C) Hospital;
(D) Developed municipal neighborhood park.
(E) In the case of a church or school, the distance requirement
shall be a minimum of one thousand (1,000) feet.
(F) Said measurement to be in a straight line in all directions
from the restaurant with a private club to the nearest point
on any lot in a residential zoned district, day care center,
hospital or developed and/or designated area for a municipa!
neighborhood park. The measurement for a structure shah
be taken from the nearest point that a structure extends in
any direction, including overhanging roofs and all projections
or portions of said structures.
(G) Provided, however, a restaurant with a private club shal! not
be in violation of the distance provisions of this ordinance if
it was a valid use at the time any of the above uses locates
within the minimum distance.
(4) WAITING AREAS:
A restaurant with a private club shall have a waiting area with
seating inside the building, separate from the bar area and where
no alcoholic beverages shah be sold or consumed, available for
patrons of the restaurant.
(5) SCREENING DEVICES:
(A) In lieu of the requirement to screen the bar area, a restaurant
with a private club may elect to:
1. Provide a waiting area inside the building, screened
and separate from the bar area, equa! to or greater
in area and seating to that provided in the bar area; and
2. Provide eating areas that are screened and separate
from the bar area. The City Council shall make the
determination as to the adequacy of the separation of
the bar and eating areas.
(B) The floor plan submitted in conjunction with a request for
Specia! Use Permit as prescribed in paragraph (7) of this
section shall be reviewed by the Planning and Zoning
Commission and City Counci! to determine the amount of
emphasis placed on the bar area, which shall be an item for
consideration for approval or denial of a request for a Special
Use Permit. Bar areas that are directly in the line of sight
of the main entrance of the restaurant may be required to
provide an opaque screening device. Factors such as the
height of the bar area in comparison to the restaurant serving
areas; materials; lighting; colors of the bar area; and/or the
arrangement of the bar area, shah be considered by the
P!anning and Zoning Commission and City Council in
determining the emphasis on the bar area and any requirement
5
for a screening wall. Subdued bar areas out of the main line
of sight of entering patrons may be exempted from the
screening device requirement.
(6) TIME LIMIT:
In the event an application for a Building Permit for a restaurant
with a private club is not made within six months from the granting
of the Special Use Permit for a restaurant with a private club, the
City Council may direct the Planning and Zoning Commission to call
a public hearing for the purpose of considering the cancellation or
termination of such Special Use Permit by changing the zoning back
to its original classification without the Special Use Permit.
(7) SUBMISSION I~EQUIREMENTS:
The following requirements shall be required by the City at the
time an application for a Specia! Use Permit for a restaurant with
a private club is made:
(A) Adequate copies of Site Plans for a restaurant with a private
club shall be submitted containing the following with
dimensions:
1. An accurate survey of the boundary of the tract with
topography and contour intervals of not less than five
(5) feet;
2. Building site or building lots;
3. Areas proposed for dedication or reservation as
proposed parks, parkways, utility easements, or street
widening;
4. Point of ingress and egress from existing public streets;
median cuts; size of adjacent streets;
5. The number and arrangement of off-street parking and
off-street loading spaces. Planned screening and
landscaping shah also be indicated.
6. A proximity map or plat showing the zoning
c!assification of adjacent property and the location of
any structures mentioned in Section 3 A through E
above, including the measured distances mentioned in
3 F above.
(B) Adequate copies of Floor Plans for a restaurant with a private
club shall be submitted containing the following with
dimensions:
1. Private Club;
2. Eating;
3. Kitchen and food preparation;
4. Waiting by patrons;
5. All other proposed uses within the restaurant.
6
6. All combined air-conditioned area.
(C) A reproducible artist rendering of the proposed building
showing permanent landscaping, proposed signs and other
important features of the building and land.
(D) Such site plan(s) and floor plan(s) shall be approved in a
public hearing with proper notice to provide an opportunity
for review and comment from adjacent property owners.
(8) REMODELING AND ALTERATIONS:
Any proposed remodeling or changes to the original floor plan and
bar layout of the original approved site plan(s) shall also be reviewed
and approved by the Planning and Zoning Commission and City
Council, prior to the issuance of a building permit.
(9) APPLICANT:
Each application for a Special Use Permit for a restaurant with a
private club must be made by the actual tenant/owner of the club
and will be issued in the name of the tenant/owner of the club.
The Planning and Zoning Commission and the City Council may
consider any relevant matter pertaining to the applicant or
application which might affect the health, safety and welfare of
the community.
Any restaurant in operation or which has been granted a special
use permit for a restaurant, which is located within area two (2)
on the map attached hereto at the time of the adoption of this
ordinance and otherwise meets all other requirements of this
ordinance, shall be permitted for a period of ninety (90) days to
make application for a zoning change to Special Use Permit for
restaurant with a private club. However, from and after the adoption
of this ordinance, any other application for a Special Use Permit for
a restaurant with a private club must be applied for at the time of
the restaurant zoning.
The applicant for a Special Use Permit for a restaurant with a
private club shall, by flyer or other means, give notice to adjacent
residences and business establishments of the pending application
and shall advise the Planning and Zoning Commission at its first
public hearing that such notice has been reasonably given so that
the occupiers of adjacent residences and businesses as well as
property owners will be advised of the pending zoning application.
Such notification shall be in addition to the notice required by law,
but shall not be considered a jurisdictional requirement, and failure
of any such party to receive such notice shall not in any way
invalidate the final decision of the Planning and Zoning Commission
or City Council. Oral representation by the applicant to the Planning
and Zoning Commission stating the manner in which such notification
was given shall be sufficient, and determination of the adequacy of
such notification shall be at the sole discretion of the Planning and
Zoning Commission.
In addition to such other fees and charges as may be authorized by
this ordinance, the City Council shall from time to time by separate
ordinance levy and charge the maximum fee for any license or other
such charge permitted by state law to be levied against the private
club.
7
(10) TRANSFERABILITY:
A Special Use Permit will not be transferable to the new owner
without a review and approval of such transfer by the Planning and
Zoning Commission and City Council. In reviewing the transfer
request for the Special Use Permit, the City Council may take into
consideration any matter which it could consider in the event the
request was for a new zoning classification, however, approval of
the transfer shall not be considered the grant of a new zoning
classification. In the event such transfer is not approved by the
City Council on recommendation of the Planning and Zoning
Commission, the City Council may initiate a zoning change to cause
the zoning classification of such property to be changed back to
its original zoning classification or to a Special Use Permit for a
restaurant without a private club or such other zoning classification
as may be appropriate and the highest and best use for the property.
Any applicant for Special Use Permit for restaurant with a private
club is hereby specifically given notice that such zoning classification
will not run with the land, is personal to the individual applicant-
owner and that the governing body of the City, upon recommendation
of the Planning and Zoning Commission, reserves the right to
reclassify the property by zoning amendment in the event of a
transfer of ownership or control of the premises from the original
applicant-owner to another party or parties. That reclassification
in such event shall be at the sole legislative discretion of the
governing body of the City, shall not be construed as back zoning
of said property, and the applicant-owner's acceptance of the original
zoning classification of Special Use Permit for restaurant with a
private club shall in all cases be subject to this condition.
(11) ALCOHOL AWARENESS PROGRAM:
Each applicant shall as an additional condition to the grant of such
Special Use Permit for a restaurant with a private club, submit for
approval a formal alcohol abuse awareness program to be used at
said location.
(12) AMUSEMENT DEVICES:
Gaming or amusement devices, such as but not limited to billiard
tables, pool tables, penball machines, or any other coin operated
game machine or electronic game machine shall be prohibited in any
restaurant with a private club."
(13) LIQUOR LIABILITY INSURANCE
A restaurant with a special use permit for a private club shall carry
liquor liability insurance with a minimum coverage per occurrence
of $1,000,000. Such policy shall provide that the City of Coppell
will be notified 30 days in advance of a cancellation or non-renewal.
The applicant shall provide the City Finance office with a binder
of coverage prior to granting the special use permit and copies of
the renewal policy shall be provided annually.
SECTION 2.
All ordinances, or parts of ordinances, of the City in conflict with the provisions
of this ordinance are hereby repealed, and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain in full force and effect. The
term "private club" as heretofore used in Section 29 of the Comprehensive Zoning
Ordinance of the City is hereby specifically deleted, including, but not limited to the
terms used in Sections 29.7(16), 29.7(26), 29.8(17), and 29.9(23).
SECTION 3.
If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, 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 or unconstitutional.
SECTION 4.
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a
penalty of fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each
offense, and each and every day such offense is continued shall constitute a new and
separate offense.
SECTION 5.
It is necessary to amend the Comprehensive Zoning Ordinance of the City in
order to permit proper development and in order to protect the public interest, comfort
and general welfare of the City. Therefore, this ordinance shall take effect immediately
from and after its passage and publication of its caption, as the law in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, on the /~ ~--
day of ~)Jt_~~ , 1986.
APPROVED:
M AYOI~ '
ATTEST:
CJ~T¥ SF_,G:~ ETA RY
APPROVED AS TO FORM:
j