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Gibbs Sta Rest-CS 861216 Alt ORDII~AliCE OF THE CITY OF COPPELL. TEXAS oaomm~c~- lio. 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; A.MENDING 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 PERMfT ISSUED BY THE STATE OF TEXAS AND THAT THE TERM "COMMUNITY CLUB" SHALL MEAN ANY OTHER CLUB, SERV[CE CLUB, SORORITY, FRATERNITY, LODGE OR OTHER PRIVATE ORGANIZATION OR CLUB WHERE ALCOtIOLIC BEVERAGES ARE NOT SERVED PURSUANT 'FO A PRIVATE CLUB PERMIT ISSUED BY THE STATE OF TEXAS; ESTABLISHING SPECIAL USE REGULATIONS FOR "RESTAURANT WITtl 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 TIlE 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 notiee~ by publication and otherwise, and after holding due hearings and affording a full hearing to all property owners gener&lly, 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 TEE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That Section 41 of the Comprehensive Zoning Ordinance of the City be amended by adc{lng 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 industrial 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, shall be subject to the following special conditions, and such other conditions ~s 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 & private club shall occupy not less tlum thr~e thousand (3,000) square feet of air-conditioned floor area and shall be free standing. The term "free standing" as used herein shah ..' 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 cheek. (A) A restaurant with a private elub 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 ]ess than 50% of the total floor area occupied by the enelosed 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, eta. 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 sales 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 (I) 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 elub 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 shall 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 shall 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 all 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. A restaurant with a private club shall 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 municipal neighborhood park. The measurement for a structure shall be taken from the nearest point that a structure extends in any direction, including overhanging roofs and ali projections or portions of said structures. (G) Provicied, however, a restaurant with a private club shall 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, equal 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 Special Use Permit as prescribed in paragraph (7) of this section shall be reviewed by the Planning and Zoning Commission and City Council to determine the amount of emphasis placed on the bar area, which sbaU be an item for consideration for approval or denial of a request for a Special Use Permit. Bar areas that ate 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; eolora of the bar area; and/or the atrangemant of the bar area, shall be considered by the Planning and Zoning Commission and City Council in determining the emphasis en the bar area and any requirement 5 for a screening walt. 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 w}thin 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 /ts original classification without the Special Use Permit. (7) SUBMISSION REQUIREMENTS: The following requirements shall be required by the City at the time an application for a Special 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 submitte~ 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 shall also be indicated. 6. A proximity map or plat showing the zoning classification of adjacent property and the location of any structures mentioned in Section 3 A through E above, incIuding 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 u~es 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) RE.%'IODELING 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, shah be permitted for a period of ninety (90) days to make application for e 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 jurisdietiona! 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 eharges 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 lieense or other such charge permitted by state law to be levied against the private club. (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 classifieation 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 tab]es, pool tab]es, 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 $1,000,000. Such policy shall provide that the City of Coppell will be notified 30 days in advance of a cancellation or non-renewal. The applicant shall provide the City Finance office with a binder Of coverage prior to granting the special use permit and copies of the renewal policy shall be provided annually. SECTION 2. All ordinances, or parts of ordinances, of the City in conflict with the provisions of this ordinance are hereby repealed, and all other ordinances of the City not in conflict with the provisions of this ord/nanee shall remain in full force and effect. The term "private club" as heretofore used in Section 29 of the Comprehensive Zoning Ordinance of the City is hereby specifically deleted, ineluding, but not limited to the terms used in Sections 29.7(16), 29.7(26), 29.8(17), and 29.9(23). SECTION 3. If any article, paragraph or subdivision, elause or provision of this ordinance shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so decided to be invalid or unconstitutional. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed the sum of One Thousand Dollars ($I,000.00) for eaeh 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 ~2L~~ , 1986. APPROVED: ATTEST: APPROVED AS TO FORM: CZ86--122'/-A "'