CC approval-ORD 10/28/97 AGENDA REQUEST FORM
IL MEETING: October 28, 1997 ITEM #
ITEM CAPTION:
Consider approval of an Ordinance for Case No. S-1129R, Artisan Landscape
Inc., zoning change from C (Commercial) to C-S.U.P. (Commercial, Special
Use Permit), to allow the operation of a landscaping contractor's office
within a residential structure on commercial property and for an associated
open storage area located at 832 Howell Drive, and authorizing the Mayor to
sign. ~/~'06.-~-f~
SUBMITTED BY:~a~L.
TITLE: (._Director ~£ vlanning and Community Services
STAFF RECOMMENDS: Approval ~ Denial
STAFF COMMENTS:
This Special Use Permit was granted by Council (6-1) on August 12, 1997.
Councilman Sturges opposed.
APPROVED
BY
.%'
Agenda Request Form - Revised Document Name Sl129Ro.PZ
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
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 OF ZONING FROM "C" (COMMERCIAL)
TO "C-S.U.P" (COMMERCIAL, SPECIAL USE PERMIT), TO ALLOW
THE OPERATION OF A LANDSCAPING CONTRACTOR'S OFFICE
WITHIN A RESIDENTIAL STRUCTURE ON COMMERCIAL PROPERTY
AND FOR AN ASSOCIATED OPEN STORAGE AREA, LOCATED AT 832
HOWELL DRIVE, COPPELL, DALLAS COUNTY, TEXAS, SAID
PROPERTY BEING MORE PKRTICULARLY DESCRIBED IN EXIIIBIT
'iAi' ATTACHED HERETO; PROVIDING FOR SPECIAL CoNDmONS;
PROVIDING FOR THE APPROVAL OF THE SITE PLAN ATTACHED
HERETO AS EXI-HR~ "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 Commi.~sion 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 Case No. S-
I 129R 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 is hereby amended to grant a change in zoning from "C"
(Commercial) to "C-S.U.P." (Commercial, Special Use Permit) to allow the operation of a
landscaping contractor's office within a residential structure on Commercial property and for an
associated open storage area, located at 832 Howell Drive, Coppell, Dallas County, Texas, and
being more particularly described in Exhibit "A" attached hereto and made a part hereof for all
Page 1
purposes.
SECTION 2. That the above change in zoning for Special Use Permit to allow the
operation of a landscaping contractor's office within a residential structure on Commercial
property and for an associated open storage area is hereby granted subject to the following
special conditions:
(A) Deliveries of materials from semi-trucks or other trucks larger than a small six
(6) cubic yard capacity vehicle shall not be made on or to the property.
(B) The residential structure shall be used for general office use consisting of
management, designer/architects and secretarial support.
(C) The area outside of the screening fence in the rear portion of the property as
shown on the Site Plan shall not be used for storage.
(D) The trash dumpster shall not be located outside of the screening fence in the rear
portion of the property as shown on the site plan.
(E) Employees of the business or company occupying the property shall not park their
motor vehicles on any adjacent properties, within the alley or on Howell Drive.
(F) The hours of operation for the company or business occupyin~ the property shall
be limited to 7:00 a.m. to 7:00 p.m. Monday through Saturday. Deliveries of
goods shall be restricted to 8:00 a.m. to 4:00 p.m. Monday through Friday.
(G) No more than six (6) company or business vehicles may be parked within the
screening fence area on the property at any one time.
(H) An 8 foot high wooden fence shall be constructed to screen the side and rear
yards, as shown on the approved Site plan.
(I) The alley on the south side of the property shall be-paved by Artisan Landscape,
Inc. to a width of 12 feet.
(J) Signage shall be limited to the sign shown on the Site Plan.
(K) The paint color for the exterior of the building shall be limited to Gray and Dark
gray for the trim and shutters.
(L) That the property shall be developed and used in accordance with the Site Plan
attached hereto as Exhibit "B".
Page 2
SECTION 3. That the Site Plan attached hereto as Exhibit "B" and made a pan 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 Coppeil, 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 senfence, 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 pan 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 Zonin~ Ordinsnce, 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 hereto 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 after its passage
and the publication of its caption, as the law and charter in such cases provide.
D~AS~F~D by the City Council of the City of Coppell, Texas, this the,-.~c~day
of ,
Page 3
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY ATTORNEY
Page 4
LEGAL DESCRIFI'ION
Being Lot 16 of North Lake Estates Addition, an addition to thc City of Coppell, Dallas
County, Texas according to the plat thereof recorded in Volume 45, Page 65, Map Records,
Dallas County,Texas.
EXHIBIT