OR 91-500-A-328 Revise requirements for restaurants occupying a lease space/buildingAN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500-A-328
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
AMENDING THE CODE OF ORDINANCES BY AMENDING CHAPTER
12, COMPREHENSIVE ZONING ORDINANCE, SECTION 12-30-16 BY
AMENDING THE REQUIREMENTS FOR RESTAURANTS OCCUPYING
A LEASE/SPACE BUILDING WHERE A SPECIAL USE PERMIT
EXISTS; BY AMENDING SECTION 12-20-1 BY DELETING
SUBSECTION 7, WHICH PROVIDES FOR RESTAURANTS LOCATED
WITHIN AN OFFICE BUILDING; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the current ordinances of the City provide that a Special Use Permit be
required for new restaurants desiring to occupy existing lease spaces or free standing buildings
when a Special Use Permit for a restaurant already exists; and
WHEREAS, staff has reviewed such provisions and believes the process should be
addressed by staff administratively; and
WHEREAS, it has been determined that Section 12-20-1(7) is in conflict with Section
12-30-16 and the same should be deleted; and,
WHEREAS, the Planning and Zoning Commission has reviewed the amendments
recommended by staff and has sent recommendations to the City Council to approve said
amendments to the specified sections; and
WHEREAS, after review of the Planning and Zoning Commission's recommendation,
the City Council is of the opinion that Section 12-30-16 of the Comprehensive Zoning Ordinance
should be amended and Section 12-20-1(7) should be deleted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS;
SECTION 1. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas,
be, and the same is, hereby amended by amending the Section 12-20-1, by deleting Subsection 7
an renumbering as follows:
"Sec. 12-20-1. General purpose and description.
6. Personal improvement services.
7. Day nursery or day care center.
8. Nursing home or convalescent home
SECTION 2. That the Comprehensive Zoning Ordinance of the City of Coppell, Texas,
be, and the same is, hereby amended by amending Section 12-30-16, which shall read as follows:
"Sec. 12-30-16. Restaurant.
Time limit. In the event an application for a building permit for a
restaurant is not made within six months from the granting of the
special use permit for the restaurant, the city council may direct the
planning and zoning commission to call a public hearing for the purpose
of considering the cancellation of the special use permit by changing the
zoning back to its original classification without the special use permit.
In the event the owner or operator of a property having a zoning
classification of special use permit for a restaurant, ceases to operate the
restaurant business use for a period in excess of 90 days, the Planning
and Zoning Commission or the City Council may initiate a zoning
change to consider changing the zoning classification to such other
classification as may be appropriate for the property. Each applicant for
a special use permit for a restaurant shall be advised of this condition
which shall be noted in the ordinance granting the zoning classification.
4. Submission requirements ......
B. Adequate copies of floor plans for the restaurant shall be submitted
showing the dimensions of the following floor areas:
1. Eating areas;
2. Kitchen and food preparation area;
3. Waiting area;
4. Area of all other proposed uses within the restaurant;
5. All combined air-conditioned areas;
6. Proposed sign(s);
7. Hours of operation.
New restaurant in a lease space/building with an existing SUP for a
restaurant. In the event that another restaurant occupies the same
building/lease space, a new or revised special use permit is not required
unless:
A. The building or lease space is expanded or enlarged;
B. Inclusion of a private club, where previously there was not a
private club in compliance with state law;
C. The effective area of the sign is enlarged from the previous sign;
D. Any other alteration that could increase intensity of the use.
The Director of Planning or designee may administratively approve a
minor amendment to the existing SUP for the establishment of a new
restaurant, subject to the following process:
A. Submission of an application accompanied by the revised floor
plan, sign plan, hours of operation and/or other pertinent
information to the Planning Department for review. No fee will be
assessed.
B. The Director will update the Special Use Permit file to reflect the
new restaurant.
C. The Director will issue a letter of approval, approval with
condition or denial. In the event of a denial, or conditions that are
contested by the applicant, a public hearing process will be
required with payment of appropriate fee.
D. Once the new restaurant occupies the building, the Building
Official or his designee shall provide the Planning Department an
official copy of the Certificate of Occupancy.
SECTION 3. 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 of the Ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 4. That should any word, sentence, paragraph, subdivision, clause, phrase or
section of this ordinance, or of the Code of Ordinances, as amended hereby, be adjudged or held to
be void or unconstitutional, the same shall not affect the validity of the remaining portions of said
ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force and
effect.
SECTION 5. That this ordinance shall take effect immediately fi.om and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 9th day of
July ,2002.
CANDY SHEEHAN,, MAYOR
ATTEST:
~ _~o, dayof
APPROVED AS TO FORM:
LIBBY BALL, CITY SECRETARY
ROBERT E. HAGER CITY ATTORNEY
(REH/cdb 6/19/02)
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