CC apprvl of ORD 10/14/97 AGENDA REQUEST FORM
CITY COUNCIL MEETING: October 14, 1997 ITEM #
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1131, Chadick Art Annex,
zoning change for property zoned HO-R (Historic Overlay, Retail) to HO-R-
S.U.P. (Historic Overlay, Retail, Special Use Permit) to allow asphalt
pavement on-site for driveways and parking for the art annex complex
located along the south side of Bethel Road, approximately 60 feet west of
Coppell Road, and authorizing the Mayor to sign.
TI~.- Director-~-Planni~and Community Services
STAFF R~OMMENDS: _____~--~---~proval ~ Denial
STAFF COMMENTS:
This Special Use Permit amendment was granted by Council on September 9,
1997.
APPROVED
9Y
CtT7 COUNCIL
DIR. INITIALS: ~ ~
Ag enda Request Form - Revisg~/1/97
FIN. REVIEW:~
CITY MANAGER REVIEW:
Document Name SII31o. PZ
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. -/?£
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 ON-SITE ASPHALT PAVING ON
PROPERTY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO;
PROVIDING SPECIAL CONDITIONS; PROVIDING FOR THE
APPROVAL OF THE SITE PLAN ATTACHED HERETO AS EXHIBIT
"B"; PROVIDING A REPEALING CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR 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 thc 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 Case No. S-
1131 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 Coppell, Texas, as heretofore
amended, be, and the same are hereby amended to grant a change in zoning from "HO-R"
(Historic Overlay-Retail) to "HO-R-S.U.P." (Historic Overlay-Retail, Special Use Permit) to
allow on-site asphalt paving on property described in Exhibit "A", attached hereto and made a
part hereof for all purposes.
SECTION 2. That the above change in zoning for Special Use Permit for on-site asphalt
paving is hereby granted, subject to the following special conditions:
(A)
The property shall be developed and used only in accordance with the Site Plan
attached hereto as Exhibit "B", and made a part hereof for all purposes.
(B) The driveway and parking area pavement shall be constructed in accordance with
plans and specifications approved by the City Engineer.
(c)
The fu'e lane portion of the pavement shall be capable of supporting a 40,000
pound vehicle.
SECTION 3. That the Site Plan attached hereto as Exhibit "B" and made a part hereof
for all purposes, be, and the same 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 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, 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. That an offense committed before the effective date of this ordinance is
governed by the 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 fmc not to exceed the stun 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 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 /4-//9 day of
~-.~C ~0 ~er~ , 1997.
2
A~VED: /7
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, EY
3
PROPERTY DESCRIPTION
BEING a tract of land out of the James A. Simmons Survey, Abstract No. 1296, in the City of
Coppell, Dallas County, Texas, and being more particularly described as follows:
COMMENCING at the intersection of the south right-of-way line of Bethel Road with the
centerline of that segment of Coppell Road which extends from Bethel Road northward to Sandy
Lake Road;
THENCE, due West a distance of 60 feet to the POINT OF BEGINNING;
THENCE, due South a distance of 234 feet to a point for comer;
THENCE, due West a distance of 366 feet to a point for comer;
THENCE, due North a distance of 90 feet to a point for comer;
THENCE, due East a distance of 180 feet to a point for comer;
THENCE, due North a distance of 144 feet to a point for comer;
THENCE, due East a distance of 186 feet to the POINT OF BEGINNING;
and containing 1.371 acres of land, more or less.
EXHIBIT "A"
'o.
0 !
322
WEST 36,6.0'
50Cl. 5 w. Be+hel Rg.
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