OR 91-500-A-205 Zoning change to "HO-C-S.U.P" for Robertson Pools AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A205
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 "HO-C" (HISTORIC
OVERLAY, COMMERCIAL) TO "HO-C-S.U.P." (HISTORIC OVERLAY,
COMMERCIAL, SPECIAL USE PERMIT FOR ASPHALT PAVEMENT)
FOR THE PROPERTY DESCRIRED IN EXHIBIT "A' ATTACHED
HERETO; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR
THE APPROVAL OF THE SITE PLAN, LANDSCAPE PLAN, AND
IRRIGATION 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 DOIJ,ARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECFIVE DATE.
WHF~REAS, 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 all 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- 1140 should be approved, and in the exercise of
legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be
amended.
NOW, Ti~EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPEIJ~. 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 "HO-C" (Historic Overlay,
Commerdal) to "HO-C-S.U.P" (Historic Overlay, Commercial, Special Use Permit for Asphalt
Pavement) on the property described in Exhibit "A" attached hereto and made a part hereof for all
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SECTION 2. That the Special Use Permit is hereby approved subject to the following special
conditions:
(A) The property described in Exhibit "A" shall be combined with the property owned by
Robertson Pools & Spas to the South of the subject property and platted as a single
building lot;
(B) Asphalt pavement in lieu of concrete pavement shall be allowed for off-street parking
on site without head-in parking.;
(C) Root~op mechanical equipment shall be screened fi.om view; no additional power poles
or overhead wiring shall be allowed; and utility meters shall be placed behind the
building;
(D)Payment of impact fees; and
(E) Property shall be developed and used only in accordance with the Development Site
Plan, Exhibit "B", Landscape Plan, Ex[u'bit "C", and Irrigation Plan, Exhibit "D."
SECTION 3. That the Site Plan, Landscape Plan, and Irrigation 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 5. That all provisions of the Comprehensive Zoning Ordinance of the City of
Coppell, Texas, in conflict with the provisions of this ordinance be, and the same are hereby, repealed,
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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 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 this 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 $. 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 fi.om and after its passage and
the publication of its caption, as the law and charter in such cases provide.
DULY PASSEl) by the City Council of the City of Coppell, Texas, this the /0 7cl~ day of
/~)~Ve ~1 ~',~ , 1998.
/
C~flNDY -sI~E--HAN; I~L~YOR
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ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVFJ3 AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/ta 5/4/98)
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OWNERS CERTIFICATE
STATE OF TEXAS §
COUNTY OF DALLAS §
WHEREAS, ROBERTSON COMMERCIAL POOLS, INC., is the owner of o tract of land
sil. uoted in the JOHN VEST SURVEY, ABSTRACT NO. 1508 in the City' of Coppell, Dallas
County, Texas, said tract being oll of that property described in deed to Ronold L.
Robertson recorded in Volume 95248, Page 3149 of the Deed Records of Dallas
County, Texas and port of that property described in o deed to Robertson Comrnerclol
Pools Inc., recorded in Volume 97215, Page 1891 of sold Deed Records, and being
more portlcularly described os follows:
BEGINNING at o 1/2-inch iron rod found in the west line of Coppell Road (coiled, 60'
right-of-way), said point being the northeast corner of sold Robertson Commercial
Pools, Inc., tract of land and the most easterly southeast corner of o coiled 111.990
acre tract of land described in o deed to NCH Corporation recorded in Volume 80022,
Page 0311 of said Deed Records;
THENCE SOUTH, along the west llne of Coppell Rood and the east llne of sold
Robertson Comrnerciol Pools tract and sold Robertson tract, o dlstonce of 351.27 i'eet
to o 3/8-inch iron rod found for the most easterly southeast corner of said
Robertson tract and the northeast corner of o tract of land described in o deed to
George A. Chodick and wife, Hollie R. Chodick, recorded in Volume 83060, Page 2075
of said Deed Records;
THENCE N. 89'26'51" W., along the most easterly south line of said' Robertson tract,
said line also being the north line of said Chodick tract and the north line of o tract
of land described in o deed to Michael S. Chose and Grocielo P. Chose, husband and
wife, recorded in Volume 95243, Page 2071 of said Deed Records, o distance of
193.OO feet to o 1/2--inch iron rod set for corner;
THENCE S. 00'48'12' E.0 along the common llne between said Robertson tract and
said Chose tract, o distance of 35.00 feet to o 1/2-inch iron rod found for the
most southerly southeast corner of sold Robertson tract and o re-entrant corner al~
said Chase tract;
THENCE N, 86'57'25" W., continuing along the common lines between sold Robertson
and Chose tracts, o distance of 102.02 feet to o 1 1/2-inch iron pipe acknowledged
os the correct corner on the contiguous boundary line by J.G. Nisbett and wife, Evelyn
Fay Nisbett and Richard J. Lee and wife, Barbara Lee in the Boundary Line Agreement
recorded in Volume 9.3195. Page 7874 of said Deed Records;
THENCE N, 00'03'00' E.o along the west line of said Robertson tract and o northerly
line of sold Chose tract and the east line of o tract of land described in o deed to
Joel E. Hortmon and wife, Joy'ce A. Hortrnon. recorded in Volume 80135, Page 2707
of said Deed Records, o distance of 213.89 feet to o l~2-inch iron rod found for
the northwest corner of said Robertson tract;
THENCE N. 89'59'26' E., along the north llne of said Robertson tract, o distance of
171.39 feet to o 1/2-1nch iron rod set for corner;
THENCE N. 00'00'34" W., o distance of 165.25 feet to o point in the north line of
said Robertson Comrnerciol Pools tract and the south line of said NCH tract, from
which o 1/2-inch iron rod found bears S. 00'00'34' E., o distance of 0.23 feet;
THENCE S. 89'54'30" E., along the common llne between sold Robertson Commercial
Pools tract and said NCH tract, o distance of 122.83 feet to the POINT OF' BEGINNING
and containing 1.790 acres of tond, mare or less.
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