Attorney inquiry to ZC re horse 06/.05/,2000 14:46 9727454222 PAGE ~2
McDonald w.t 's Direct Dial:
(972) 745-4301
Asso' iates, PLLC
Wdter's E-MalE
modonald(~landusetx.¢om
June 5,2000
Via Fax Transmission - 972.304.3570
Gary Sieb ,JUN -- 5 ~000
Director of Planning
City of Coppell
255 Parkway Boulevard, P.O.Box 478
Coppell, TX 75019
Re: City Initiated Zoning Case: ZC-606(CH), Bruce Birdsong
As you know, Bruce Birdsong has retained this firm to represent his interests in the
city-initiated rezoning of his property. The 5.0 acre property is currently zoned A
(Agricultural) and the proposed zoning is SF-12 (Single Family -12). Mr. Birdsong is
specifically concerned about his ability to use the property under the proposed zoning for
boarding and training horses and his cOntinued ability to provide riding lessons.
We feel it important to stress the distinction between a comrnercialstable operation,
which this is not, and a stable that is accessoryto the main residential use. Mr. Birdsong's
property is first and foremost an established residential use. We are making no argument
to suggest any type of expansion of that use to encompass a separate commercial
enterprise. The stable and additional uses of the property are a secondary function and
are accessory to the residential use.
At this time we are requesting a formal opinion as to whether the proposed SF-12
zoning would impair Mr. Birdsong's ability to use his property as described above. Please
feel free to contact our office for clarification of any issues or questions you have regarding
our request.
/~~~ ~....~Y urs ve truly,,
' 'Brenda N. McDonald
Attorney
cc: Bruce Birdsong
Z70 N. Denton Tap, Suitel00 * · Coppetl. Texas 75019 · · Phone 97Z-745-4300 · ' Fax 97Z-74S-4222
June 9, 2000
Ms. Brenda N. McDonald, Attorney
270 N. Denton Tap Road
Suite 100
CoppeR, Texas 75019
Re: City Initiated Zoning Case: ZC4506(CH)
In response to your June 5, 2000 letter, requesting an interpretation of the impact rezoning
will have on Mr. Birdsong's ability to u'tflize his property for boarding and training of
horses and to provide riding lessons, we have reviewed the Zoning Ordinance and discussed
this with our Building Official.
First, in terms of definitions, Section 8 of the Zoning Ordinance defines the Agricultural
District as:
"This district is intended to provide a location for land situated on the fringe of a
urban area and used for agricultural purposed, but then it may become an urban area
in the future. Generally, Agricultural Districts will be near development; therefore,
the activities conduced in the Agricultural District should not be detrimental to the
and the appropriate change in district cla~iflcation is made."
In terms of compliance with the Zoning Ordinance, Section 8-0.6 Use Regulations, the
Agricultural District states that Rich3g AcMony or other equestrian related activities are
permitted uses in this district. That being said, the subject pmIna'ty is all but surrounded,
and actually partially developed with ~urban uses". The use of the property should not
negatively impact the surrounding homes. There is some concern over the scale and level of
activity proposed for the ~boarding, training and tiding lessons" intended for this property.
Will this use produce additional traffic, parking, signage on the property? Will additional
accessory buildings be required to support this use?
255 PARKWAY BLVD. ,k P.O. BOX 478 * COPP~'LL, TX 75019
· Page 2 June 9, 2000
If the property is zoned Single Family 12, as proposed by s~tff and reconunended by the
Comprehensive P/an and the Planning and Zoning Commission, horses and a non-
commercial stable would be permitt_~_. Single Family Districts permit Non-commercial
stables as an accessory use to the housing of animals owned by the resident. Further, horses
are permitted in single family districts subject to "No more that three (3) large animals,
specifically horses, cattle and sheep main~ned per acre of lot area'. Therefore, if rezoned,
it would not prohibit the keeping of horses, however, it would limit commercial activities on
this property to home occupations as defined in Section 42-61 of the Zoning Ordinance.
In sum, then, it is our position that this area is no longer appropriate for agricultural uses-it's
in the city. Secondly, our codes and ordinances allow horses in SF-12 at three (3) horses per
acre. Third, Mr. Birdsong's use may or may not be allowed in SF-12, depending on
whether he is running a business out of his home. Forth, in planning for the future
development of Coppell, our plan shows this area as a residential neighborhood, and all
recent development surrounding this property has been residential in nature.
I believe this addresses the issue of your June ya letter, Brenda. Feel free to contact me if
you have any questions or would like additional informaticm.
AICP
Planning and Community Sentices
Cc: Greg Jones, Building Official
~File