OR 91-500-A-201 Zoning change to "HO-R-S.U.P." for Gayler Smity Co AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 91500A201
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-R" (HISTORIC
OVERLAY, RETAIL) TO "HO-R-S.U.P." (HISTORIC OVERLAY, RETAIL-
SPECIAL USE PERMIT) TO ALLOW A BUSINESS WITHIN A
RESIDENTIAL STRUCTURE AND ON-SITE ASPHALT PAVING FOR THE
PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN/LANDSCAPE PLAN, AND SIGNAGE
PLAN ATTACHED HERETO AS EXHIBITS "B" AND "C",
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 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-1146 should be approved, and in the exercise of
legislative discretion have concluded that the Comprehensive Zoning Ordinance and Map should be
amended.
NOW, TB'F~REFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF ~ CITY
OF COPPE1.L, 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 fi-om "HO-R" (Historic Overlay, Retail) to
"HO-R-S.U.P." (Historic Overlay, Retail - Special Use Permit) to allow a business within a residential
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structure and on-site asphalt paving in the Historic Overlay District subject to special conditions for the
property described in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the Special Use Permit is hereby approved subject to the following special
conditions:
(A) Retail use shall be limited to no more than 400 square feet.
(B) Signage shall not exceed a maximum often (10) square feet and shall be in accordance
with the signage plan attached hereto a Exhibit "D."
(C) All vehicular pavement on the property shall be screened from from and side property
lines with a landscape hedge a minimum of 30 inches in height, when measured
immediately after planting consisting of a minimum of thirty (30) plants of the same
variety to be one of the following: abelia, eleagnus, holly or nandina. Fifteen (15)
plants shall be placed east of the driveway entrance spaced at 3' on center, and fifteen
(15) plants shall be placed west of the driveway entrance spaced at 3' on center. Plant
materials which die or become diseased or damaged, shall be replaced with plant
material of the same variety and size. The hedge shall be planted and maintained so s
to form a continuous, unbroken, solid visual screen.
SECTION 3. That the Site Plan/Landscape Plan and Signage Plans attached hereto as
Exhibits "B" and "C", 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.
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SECTION 5. 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 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 govemed 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 at~er 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 ~'-P~ day of
~CZ>-~',~'I ~2e r" 1998.
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ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
(PGS/cdb (8/25/98)
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EXHIBIT "A"
LEGAL DESCRIPTION
Being a tract of land situated in the James W. Anderson Survey, Abstract No. 18, in the Town
of Coppell, Dallas County, Texas, and being part of a tract of land conveyed to W. J. Mitchell
and wife, Eva Mitchell by C. C. Mitchell and wife, Bessie Mitchell by Warranty Deed dated
January 27, 1960, and recorded in the Deed Records, Dallas County, Texas, and being more
particularly described as follows:
BEGINNING at an iron rod for comer in the North line of Bethel School Road (having a 60.0
foot wide right-of-way), same being 500.00 feet East of the intersection of the East Line of
Coppell Road with said North line of Bethel School Road;
THENCE North 00° 59' 52" West generally along a wire fence for a distance of 406.29 feet to
an iron rod found for comer;
THENCE North 88° 58' 31" East generally along a wire fence for a distance of 89.80 feet to an
iron rod for comer;
THENCE South 01° 01' 08" East, 248.05 feet to the Northwest comer of a tract of land
conveyed to E. E. Gentry and continuing along the West line of said E. E. Gentry tract for a total
distance of 407.90 feet to an iron rod for comer in said North line of Bethel School Road;
THENCE West along said North line of Bethel School Road for a distance of 89.97 feet to the
PLACE OF BEGINNING.
EXHIBIT "A"
EXHIBIT "B"
GA Y LEI~ $MITH
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E~q~[BIT "C~