CC approval of ORD 10/8/02COPPELL
AGENDA REQUEST FORM
DEPT: Planning & Economic Development
DATE: October 8, 2002
ITEM #: 8/1
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1146R, 416 Bethel Road, zoning change from HO-R-S-1146
(Historic Overlay-Retail-Special Use Permit-1146) to HO-R-S-1146R (Historic Overlay-Retail-Special Use
Permit- 1146 Revised) to allow the relocation, expansion and renovation of an existing storage building into a 256
square-foot office located north of the existing building at 416 Bethel Road, and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
Date of P&Z Meeting:
Decision of P&Z Commission:
N/A
N/A
On August 15, 2002, the Planning and Zoning Commission unanimously approved this change (5-0).
On September 10, 2002, Council unanimously approved this change (7-0).
Staff recommends approval.
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
Ord. # 91~00-A-33§
M - Tunnell
$ - Raines
'ore - 6-0
Stover absent
DIR. REVIEW:~ ~
Agenda Request Form - Revised 09/02
FIN. REVIEW:
CM REVIEW: ....
Document Name: ~SI146RORD 1-AR
A_N ORDINANCE OF THE CITY OF COPPELL, TEXAS
No. qtS' 0
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING ~
COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF
COPPELL, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN
ZONING FROM "HO-R-S-II46" (HISTORIC OVERLAY-RETAIL-SPECIAL USE
PERMIT-II46) TO "HO-R-S-1146R' (HISTORIC OVERLAY-RETAIL~SPECIAL USE
PERMIT-II46 REVISED) TO REVISE THE CURRENT SPECIAL USE PERMIT TO
ALLOW FOR TH~ RELOCATION, EXPANSION AND RENOVATION OF AN
EXISTING STORAGE BUILDING INTO AN OFIolCE, LOCATED NORTH OF THE
EXISTING BUILDING AT 416 BETHEL ROAD, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A' ATTACHED HERETO AND
INCORPORATED HEREIN; PROVIDING FOR THE APPROVAL OF THE SITE
PLAN, ATTACHED HERETO AS EXHIBIT "B"; PROVIDING FOR SPECIAL
CONDITIONS; 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; A_ND 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-1146R 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 CoppeI1, Texas, as heretofore amended, be and the same is
hereby amended to grant a change in zoning from "HO-R-S-1146" (Historic Overlay-Retail-Special Use Permit-
1146) to "HO-R-S-1146R" (Historic Overlay-Retail-Special Use Permit-Il46 Revised) to revise the current
Special Use Permit to allow for the relocation, expansion and renovation of an existing storage building into an
office located north of the existing building at 416 Bethel Road, and being more particularly described in Exhibit
"A" attached hereto and made a part hereof for all purposes, subject to special conditions.
SECTION 2. That the Special Use Pemfit for the relocation, expansion and renovation of an existing
storage building into an office is hereby approved subject to the following special conditions:
(A)
That the irrigated landscape area shall be depicted on the approved site plan and shall be
specifically as follows:
50778
That all vehicular pavement shall be screened fi.om fi.ont and side property lines with a
hedge at least 30 inches in height at the time of planting and consisting of a minimum
of thirty (30) plants. That fifteen (15) plants shall be placed east of the driveway
entrance, spaced at 3' on center and the other fitteen (15) plants shall be placed west of
the driveway entrance, spaced at 3' on center. That all plants shall be of the same
variety and shall be any one of the following: abelia, eleagnus, holly, nandina, or any
draught resistant plantings provided on the City of Coppell Plant Palette, Table 1 of
Section 12-34-7 of the Coppell Code of Ordinances. In accordance with local
ordinances, any plant materials which die shall be replaced with plant material of the
same variety and size.
(B) That the development of the property shall be in accordance with the Site Plan, which is
attached hereto and incorporated herein as Exhibit "B".
SECTION 3. That the Site Plan, which is attached hereto as Exhibit "B" and made a part hereof for
all purposes, is 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 the development of the property herein shall be in accordance with building
regulations, zoning ordinances, and any applicable ordinances except as may be specifically altered or amended
herein.
SECTION 6. 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 7. That should any sentence, paragraph, subdivision, clause, phrase or section of th/s
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.
2 50778
SECTION 8. An offense corunUtted 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 9. That any person, fm'n or corporation violating any of the provisions or temis of this
ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the
City of Coppetl, 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 10. 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
APPROVED AS TO FORM:
ROBERT E. HAGER, CITY AT~I~IEY
~_ day of
CANDY SHEEHANtM OR
AITEST:
LIBBY BALL, CJ~f SECRETARY
3 5o778
EXHIBIT "A"
LEGAL DESCRXP~ON
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 md 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. Gentr7 tract for a total
distance of 407.90 feet to an iron rod for comer in said North line of Bethel School Road;
THE~NCE West along said North line of Bethel School Road for a distance of 89.97 feet to the
PLACE OF BEGINNING.
EXHIBIT "A"
,m
S-1146R
Revised Site Plan for
416 Bethel Road
EXISTING OFFICE BUILDING; 1,567 sq. ft.
PROPOSED OFF[CE BUILDING: 256 sq. ·
TOTAL S(~. FT, OF OFF[CE: 1,823 sq. ft.
Paddng required: 1/300 square feet = 6 s~aces
Parking provided: 6 spaces