CC approval of ORD 7/13/99(~~~~_~ AGENDA REQUEST FORM
'lhe CRy WHh A Beautiful Future
CITY COUNCIL MEETING: July 13, 1999 ITEM # ~
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1162, Armmia's Tex-Mex Restaurant, zoning change
request from TC (Town Center) to TC-S.U.P. (Town Center, Special Use Permit), to allow a 3,600 square foot
private club restaurant to be located at 106 N. Denton Tap Road, and authorizing the Mayor to sign.
APPROVED
BY
C~TY COUNCIL
SUBMITTED BY: GaryL. Sieb DATE ?-/.a-'~?
TITLE: Director of Planning and Community Services ~ :~ ~1,~05}'~ ' ~ ~,~
STAFF COMMENTS: f~~,'~ - - ~ff.a~~_)
Date of P&Z Meeting: N/A
Decision of P&Z Commission: N/A
Council unanimously granted this zoning change request on June 8, 1999.
Staff recommends approval.
Agenda Request Form - Revised 2/99 Document Name: ~Sl162o
Mayor Sheehan advised that Item 16 had been pulled by the Applicant and
would come back to Council on July 27, 1999.
7. Citizen's Appearances.
There were no citizens signed up to speak under this item.
CONSENT AGENDA
8. Consider approval of the following consent agenda items:
A. Consider approval of minutes: June 22, 1999.
B. Consider approval of an Ordinance amending Ordinance
Number 99866, adopted on March 23, 1999, by correcting
a clerical error to said Ordinance by assigning a new
Ordinance Number; and authorizing the Mayor to sign.
Land Use and Development
C. Consider approval of an Ordinance for Case No. PD-163R,
Windsor Estates, zoning change for property zoned
PD-SF-9 IPlanned Development, Single Family-9} to
amend the development conditions of the
Development concerning entry features of the subdivision
and amend to create additional common area~ to
accommodate landscaping on a 15.78 acre tract of
located along the north side of DeForest Road,
approximately 600 feet east of Allen Road,
authorizing the Mayor to sign.
D. Consider approval of an Ordinance for Case No. ZC-599,
Carrollton-Farmers Branch I.S.D., Rlverchase Elementary
School, zoning change request from TH-1 (Townhouse-1)
to SF-7 (Single-Family-7), to allow the construction of an
elementary school located at the northeast corner of
MacArthur Boulevard and Starleaf Street, and authorizing
the Mayor to sign.
· ~ ::":~ Consider approval of an Ordinance for Case No. S-1162,
!; Anamia's Tex-Mex Restaurant, zoning change request
C~0713~
Page 3 of 12
from TC (Town Center) to TC-S.U.P. (Town Center, Special
Use Permit), to allow a 3,600 square foot private club
restaurant to be located at 106 N. Denton Tap Road, ~ud
authorizing the Mayor to sign.
F~~nsider approval of an Ordinance for Case No. 8-1160,
8moothie Factory, zoning change request from TC (Town
Center) to TC-S.U.P. (Town Center, Special Use Permit),
to mi]ow a Juice store to operate in Eleanor's Square
located at 230 N. Denton Tap Road, and authorizing the
Mayor to sign.
G. Consider approval of an Ordinance for Case No.
PD-157R5, Vmlley Ranch Plaza, zoning change request for
property zoned LI (Light Industrial) to PD-C (Planned
Development, Commercial) to allow a site plan
amendment to incorporate a new 10,000 square foot
retail building to an existing commercial planned
development located at the southwest corner of 8.
Beltline Road and S. MacArthur Blvd., and authorizing the
Mayor to sign.
H. Consider approval of an Ordinance for Case No. PD-178,
Town Center West, zoning change request from C
(Commercial) to PD-C (Planned Development,
Commercial) to allow the dedication of Town Center West
Boulevard right-of-way and the development of
commercial buildings on 4.7 acres of property located
along the west side of N. Denton Tap Road, approximately
280' north of North Texas Court, and authorizing the
Mayor to sign.
Resolutions
I. Consider approval of a Resolution supporting the National
Low-Sulfur Gasoline and Tier 2 Emission Standards
proposed by the Environmental Protection A~ency, and
authorizing the Mayor to sign.
Item H was pulled for separate consideration.
CM071399
Page 4 of 12
Item A, B, C, D, E, F, G and I --
Mayor Pro Tem Tunnell moved to approve Consent Agenda Items A, B carrying
Ordinance No. 99883, C c~~~'~ o~. ?~~DD.~ng
Ordinance No. 91500-A-22 ~ ' .......... " F
carrying Ordinance No. 91500-A-225, G carrying Ordinance No. 91500-A-226
and I carrying Resolution No. 071399.1. Councflmember Peters seconded the
motion; the motion carried 5-0 with Mayor Pro Tern Tunnell and
Councilmembers Peters, Keenan, Wheeler and York voting in favor of the
motion.
Item H ==-
Gary Sieb, Director of Planning and Community Services, made a presentation
to the Council.
Mayor Pro Tem Tunnell moved to approve Consent Agenda Item H carrying
Ordinance No. 91500-A-227. Councilmember Wheeler seconded the motion.
City Attorney Peter G. Smith indicated the following could be added to the
ordinance: 1) the City agrees to construct the Town Center West Boulevard at
its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk
utility easement at its cost; 3) the City agrees to construct the retaining wall at
its cost; 4) the City agrees not to impose any future street assessments against
the property; 5} the developer or owner will not be required to place any
existing electrical facilities {which consist of a TU Electric feeder line) under
ground; and 6} an additional speed hump will be installed if it is determined
feasible by the City Engineer and if it does not conflict with the approved curb
cuts. Mayor Pro Tern Tunnell inquired about the electrical line being placed
underground. City Attorney Peter G. Smith indicated the line was a feeder line
and it would not be feasible to place it underground.
Mayor Pro Tern Tunnell moved to amend her motion to include the following
additions: 1) the City agrees to construct the Town Center West Boulevard at
its cost; 2) the City agrees to construct the sidewalk within the 10' sidewalk
utility easement at its cost; 3} the City agrees to construct the retaining wall at
its cost; 4) the City agrees not to impose any future street assessments against
the property; 5) the developer or owner will not be required to place any
existing electrical facilities (which consist of a TU Electric feeder line} under
ground; and 6) an additional speed hump will be installed if it is determined
feasible by the City Engineer and if it does not conflict with the approved curb
cuts. Councilmember Wheeler seconded the motion to amend; the motion to
amend carried 5-0 with Mayor Pro Tem Tunnell and Councilmembers Peters,
Keenan, Wheeler and York voting in favor of the motion to amend.
Clvt071399
Page $ of 12
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
om INANCE NO. 2
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 "TC" (TOWN CENTER) TO
"TC-S.U.P." (TOWN CENTER, SPECIAL USE PERMIT) TO GRANT A
SPECIAL USE PERMIT FOR A PRIVATE CLUB RESTAURANT FOR
THE PROPERTY DESCRIBED IN EXHIBIT "A' ATTACHED HERETO;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN, SIGN ELEVATION PLAN, AND
FLOOR PLAN, ATTACHED HERETO AS EXHIBITS "B", "C", AND "D",
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 Planning 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 ail
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-1162
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 "TC" (Town Center) to "TC-
S.U.P." (Town Center, Special Use Permit) to grant a special use permit for a private club
restaurant, subject to special conditions for the property described in Exhibit "A" attached hereto
and made a part hereof for all purposes.
1 26791
SECTION 2. That the Special Use Permit for a restaurant is hereby approved subject to
the following special conditions:
(A) The hours of operation will be from 11:00 a.m. to 10:00 p.m. Sunday through
Saturday.
03) The sale of beer, wine and alcohol on the premises is permitted as provided by State
Law.
(C)The color of the raceway exterior sign shall match the color of the brick.
(D) Exit door locations shall be approved by the Building Official in accordance with
applicable ordinances.
SECTION 3. That the site plan, sign elevation plan, and floor plan, attached hereto as
Exhibits "B", "C", and "D", respectively, and made a part hereof for all purposes, 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 S. 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 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
2 26791
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 INs 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.
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 ~.II1t11~ day
of_~- ~ ,1999.
CANDY~~'~ SHEEHA~, ~AYOR ___~M~_ - . -
ATTEST:
LIB~BY-BALI~ITrERIM CITY SECRETARY
ROBERT E. HAG~I~,, CITY ATTORNEY
3 26791
LEGAL DESCRIPTION
106 N. Denton Tap Road, Suite 240, Coppell, TX 75019
EXH1BIT "A"
04/13/99 TUE 14:27 F/~ 2147063251
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