CC approval of ORD-10/11/05COPPELL
AGENDA REQUEST FORM
DEPT:i Planning
DATE: October 11, 2005
ITEM #: 17
ITEM CAPTION:
Consider approval of an Ordinance for Case No. PD-211-S-1226-H, Hard Eight Pit Bar-B-Q Restaurant with
Private Club, zoning change from R (Retail) to PD-211-S-1226-H (Planned Development-211-Special Use Permit-
1226-Historic), to attach a Detail Site Plan to allow the development of an approximate 14,120-square-foot
restaurant and private club, with outdoor seating and cooking areas, on 1.9 aCres of property located along the
south side of Bethel Road, east of Freeport Parkway, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting:
Decision of P&Z Commission:
APPROVED BY
CITY COUNCIL
N/A ON ABOVE DATE
N/A
Motion to Approve
Ord. # 91500-A422
M - York
S - Peters
Vote - 7-0
On July 21, 2005, the Planning Commission recommended approval of this zoning change (4-0-1) with
Commissioners McCaffrey, Foreman, Milosevich and Reese voting in favor. None opposed. Commissioner Hall
excused himself by filing an Affidavit of Conflict of Interest with the Commission Secretary prior to the Public
Hearing.
On August 9, 2005, Council approved this zoning change (5-2) with Counctlmembers Tunnell and Faught voting
in opposition to the recommended hours of operation.
Staff recommends approval.
Agenda Request Form - Revised 09/04 Document Name: ~6PD-211 -S- 1226-H,ORD I-AR
AN ORDINANCE OF THE CITY OF COPP ~ELL, TEXAS
ORDINANCE NO. ~
AN ORDINANCE OF THE CITY OF
AMENDING THE COMPREHENSIVE ZONING O1~
OF THE ClTY OF COPPELL, TEXAS, AS HERETO
GRANTING A CHANGE IN ZONING FROM R (RI
1226-H (PLANNED DEVELOPMENT-211-SPEC1AI
COPPELL, TEXAS,
DINANCE AND MAP
)'ORE AMENDED, BY
STALL) TO PD-211-S-
USE PERMIT-1226-
HISTORIC), TO ATTACH A DETAIL SITE PLNN TO ALLOW THE
DEVELOPMENT OF AN APPROXIMATE I~,120-SQUARE-FOOT
RESTAURANT AND PRIVATE CLUB, WITH (~UTDOOR SEATING
AND COOKING AREAS, ON 1.9 ACRES OF PROPERTY LOCATED
ALONG THE SOUTH SIDE OF BETHEL ROAD, l~AST OF FREEPORT
PARKWAY, AND BEING MORE PARTICULAI~LY DESCRIBED IN
EXHIBIT "A", ATTACHED HERETO AND 1NCO~,PORATED HEREIN
FOR ALL PURPOSES; PROVIDING FOR THE APPI~OVAL OF THE SITE
PLAN, LANDSCAPE PLAN, ELEVATIONS A~D FLOOR PLAN,
ATTACHED HERETO AS EXHIBITS "B, C, D ANDIE", RESPECTIVELY;
PROVIDING A REPEALING CLAUSE; PROVIDINg3 A SEVERABILITY
CLAUSE; PROVIDING A SAVINGS CLAUSE; PRO~;IDING 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 a~d the goveming body of the City
of CoppelI, Texas, in compliance with the laws of the State i of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of Coppell, h~tve given requisite notices by
publication and otherwise, and after holding due hearings and affoiding a full and fair hearing to all
property owners generally, and to all persons interested and situat{d in the affected area and in the
vicinity thereof, the said governing body is of the opinion that Zo~fing Application No. PD-211-S-
I 226-H should be approved, and in the exercise of legislative di!cretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CI FY 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, ' ?exas, as heretofore amended, be
and the same is hereby amended by granting a change in zoning ~ (Retail) to PD~211-S-1226-H
(Planned Development-21 l-Special Use Permit-1226-Historic),!to attach a Detail Site Plan to
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allow' the development of an approximate 14,120-square-foot restaurant and private club, with
outdoor seating and cooking areas, on 1.9 acres of property located along the south side of Bethel
Road, east of Freeport Parkway, and being more particularly d4scribed in Exhibit "A", attached
hereto and made a part hereof for all purposes.
SECTION 2. This Planned Development shall be developed and used only in accordance
with the development standards, which are as follows:
(A) A minimum of one hundred and one (I01) parking spaces shall be provided, with
minimum dimensions of nine foot by eighteen foot, wl~ere not abutting landscaping or a
sidewalk.
(B) The building and paving areas may encroach into the l~erimeter landscape areas on the
north and east side of the property.
landscaping may be a minimum often peicent (10%).
(c)
Non-vehicular
(D) Minimum front yard building setback shall be six feet (6'), as measured from the City
right-of-way adjacent to Bethel Road.
(E) The trees required to be planted on the south of the bui!ding shall be phased in to allow
the drainage improvements to be constructed.
(F) Operational hours shall not exceed 10:30 a.m. - 1 a.rfl., seven days a week. Outdoor
entertainment shall not be permitted after 12:00 midnighi.
(G) A Tree Removal Permit will be required prior to the removal of any trees from this site.
(H) The parking lot may extend beyond the front building linD, east of the main structure.
(1) Development of the site in accordance with the devel6pment regulations and exhibits
provided herein shall not require a special use permit for building exceeding five
thousand (5,000) square feet.
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SECTION 3. The property shall be developed and used in Accordance with the H (Historic)
development standards under the Coppell Zoning Ordinance, except as amended in the special
conditions as indicated on the Site Plan, Landscape Plan, Elevations and Floor Plan attached hereto
as Exhibits "B, C, D and E", respectively, and made a part he~eof for all purposes, which 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 Zohing Ordinance of the City of Coppell, as heretofore
amended and as amended herein.
SECTION 5. That all provisions of the Ordinances of tthe City of Coppell, Texas, in
conflict with the provisions of this ordinance be, and the same ar~ hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shalliremain in full force and effect.
SECTION 6. That should any sentence, paragraph, subdi]vision, 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 proviiion thereof other than the part so
decided to be unconstitutional, illegal or invalid, and shall ~ot 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 prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in effect
xvhen the offense was committed and the former law is continued irl effect for this purpose.
SECTION 8. That any person, firm or corporation violatiCg 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 upofl conviction shall be punished by
3 78250
a fine not to exceed thc sum of Two Thousand Dollars ($2,000.00) for each offense; and each and
every day such violation shall continue shall be deemed to constitule a separate offense.
SECTION 9. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the /~' ~'~ day of
_ [~ ,2005.AP~DOUGLAS~N. ST~OR3
ATTEST:
~ B~:SIT¥ SECRETARY
APPR~
ROBERT E. HAGE~fTY ATTORNEY
( REH/cdb Reviev(gl$~ Revised 9/30/05)
4 78250
LEGAL DESCRiPTiON
WHEREAS City of Coppell is the owner of a 2.1898 acre tract of land situated in the James A. Simmons Survey,
Abstract No. 1296, Dallas County, Texas; said tract being part of ¢ tract]of land described in deed to City of
Coppell recorded in Volume 200J094, Page 0797 of the Deed Records of ~ollas County, Texas; sold 2.1898 acre
tract being more particularly described os fcdlows:
BEGINNING, at a I/2 inch iron rod found for comer, said point being in t~e south right--of--wo,v line of Bethel'
Rood (a 50 foot right-of--way); said point also being the northwest corner of that certain 1.09 acre tract of
land described /n deed to Camille Juraszek recorded in Volume 99100, Po~e 674 of the Deed Records of Do#as
County, Texas;
THENCE, South Ot degrees 18 minutes O0 seconds West, deporting said s~uth right-of-way line of Bethel Road,
distance of 183.30 f~ef to a ~ inch iron rod found for comer;, said poin~ being in the north line of a l~glB.
acre tract of land described in deed to KCO 7)(11 Coppell In~ Ltd. recorde~ in Volume 2000246, Page 3694 of the
Deed Records of Dallas County, Texas;
THENCE, North 89 degrees 01 minutes 04 seconds West, a distance of 540.41 feet to o '+' cut found on the
top of curb in the east right-of-way line of Freeport Parkway [a 70 foo~ right--of--way at this point);
THENCE, North 01 degrees 18 minutes O0 seconds East, along said east t~ght--of-woy llne of Freepor~ Parkway, o
distance of 183.30 feet to a ~ inch iron rod W/'PACHECO KOCH* cop se~ for corner7, said point being at the
intersection of the east right-of-way line of Freeport Parkway and the s~uth right--of-way line of Bethel Rood;
THENCE, South 89 degrees 01 minutes 04 seconds East, departing said e~st right-of-way line of Freeport
Parkway and along said south right--of--way line of Bethel Rood, o dlstonCe of 520.41 feet to the POINT OF
BEGINNING;
CONTAINING, 95,$90 square feet or 2. 1898 acres of land, more or less.
~Xli[BIT "A"
v
EXHIBIT "C-I"
EXHIBIT "C-2"
EXHIBIT "C-3"
,L
F~I~TBIT
AN ORDINANCE OF THE CITY OF COPPE[L, TEXAS
ORDI NA~NCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
IHE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE
IN ZONING FROM R (RETAIL) TO H (HISTORIC), TO EXPAND AND
INCORPORATE 3.2 ACRES OF PROPERTY ALONG THE SOUTH SIDE OF
BETHEL ROAD, EAST OF FREEPORT PARK~VAY INTO THE DESIGNATED
HISTORIC DISTRICT AND FURTHER AMEND TO THE LAND USE PLAN OF
THE 1996 COMPREHENSIVE MASTER PLAN FROM NEIGHBORItOOD RETAIL
TO HISTORIC AND MORE PARTICUI,AR1,y DESCRIBED IN EXHIBITS "A'
.,~ND "B", ATTACHED HERETO AND INCORPORATED HEREIN FOR ALL
PURPOSES; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABIEITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS (S2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the City of
(oppell, Texas, in compliance with the laws of thc State of Texas and pursuant to the Comprehensive
Zoning Ordinance of the City of Coppell, have given requisite notiaes by publication and otherwise, and
after holding due heatings and afibrding a full and Pair hearing to all property owners generally, and io all
persons interested and situated m the affected area and in the vicinity lhereof, the said governing body is of
the opinion that Zoning Application No. ZC-618(CH) should be approved, and in the exercise of legislative
discretion have concluded that the Comprehensive Zoning Ordinance and Map should be amended.
NOW, TIIEREFORE, 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 CoppeI1, Texas,
duly passed by the governing body' of the City of Coppcll, Texas, as heretofore amended, be mad the same is
hereby amended to grant a change in zoning from R (Retail) to H (Historic), to expand and incorporate
3.2 acres of properly along the south side of Bethel Road, east of Freeport Parkway into the designated
Historic District and further to amend the Land Usc Plan of the ]996 Comprehensive Master Plan from
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Neighborhood Retail to I:tistoric and more particularly described in Exhibits "A" and "B",
hereto and made a part hereof for all purposes.
SECIION 2. That the property shall be used only in thc ma
Comprehensive Zoning Ordinance of the City of CoppcII, as hereto for
SECTION 3. Thal all provisions of the Ordinm~ces of the Ci
attached
;ruer and the purpose provided in the
amended, and as amended herein.
[y of Coppell, Texas, in conflict with
the provisions of this ordinance be, and the same are hereby, repe~led, and all other provisions not in
conflict with the provisions of this ordinance shall remain in full force hnd effect.
SECTION 4. That should any' sentence, paragraph, subdivision, clause, phrase or section of this
ordinance be adjudged or held to be unconstitutional, illegal or invalidi the same shall not affect the validity
of lhis ordinance as a whole, or any part or provision thereof ot}~er than the part so decided to be
unconstitutional, illegal or inYalid, and shall not affect the validity of tl~e Comprehensive Zoning Ordinance
as a whole.
SECTION 5. An offense committed before the effective d~te of this ordinance is governed b?
prior law and the provisions of thc Comprehensive Zoning Ordinar~ce, as mnendcd, in effect when the
oi'fense was committed and thc former lax,,' is continued in effect for thiis purpose.
SECTION 6. That any person, firm or corporation violating ~ny of the provisions or tunns of this
ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of
~hc City of Coppell, as heretofore amended, and upon conviction shali be punished by a fine not to exceed
t[~c sum oCFwo Thousand Dollars ($2,000.00) for each offense; and ea~:h and cvery da5, such violation shall
conttnue shall be deemed Io constitute a separate offcnse.
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SECTION 7. That this ordinance shall take effect immediately from and after its passage and thc
publication of its caption, as the law and charter in such cases provide.
DULY PASSED by thc City Council of the City of Copi~ell, Texas, this the ~'/~h/~ day' of
DOUGLAS N. STOVER, MAYOR
APPROV Ep~/~/
ROBERT '. HAGER, C?~ ATTORNEY
ATTEST:
LIBBY B/A~ITY-SECRETARY
LEC, AL DESCRIPTION
TRACT 1
:cde froot o! Jcno' descrbed ,n deed to KC'O '~,,
~.,~4 of tr~'e
?iENCff, Nortr O~ deqrees I~ m~u'te~ O0 second5 Ecst, ¢.'cng sezd ¢o5t rigPt of wey l;~e of Freeport Porkwoy, o
BEGhVN',W5,
TRACT 2
TR 21 of the JamesA Simmons Survey,
Abstract 1296, Pg. 465,
Known as 545 Bethel Road
Z
TRACT I ] TRACT
2
1
BETHEL ROAD
F3~I BIT "A"
//
N
RC
SOUTHWESTERN BLVD
Historic District Boundary Extension Future Land Use Map
From Neighborhood Retail to Historic
EXHIBIT ~B~