OR 91500-A-109 Zoning - to C for grocery store, bank, & food court for restaurant use
ORDINANCE NO 91500A109
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY
OF COPPELL, AS HERETOFORE AMENDED, BY GRANTING A CHANGE
IN ZONING FROM "C" (COMMERCIAL) AND "C-S.U.P." (COMMERCIAL,
SPECIAL USE PERMIT) TO "C-S.U.P." (COMMERCIAL, SPECIAL USE
PERMIT), WITH SPECIAL CONDITIONS, FOR A GROCERY STORE,
INCLUDING A BANK AND A FOOD COURT FOR RESTAURANT USE,
ON PROPERTY LOCATED AT THE NORTHWEST CORNER OF SANDY
LAKE ROAD AND MACARTHUR BOULEVARD, COPPELL, DALLAS
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR THE APPROVAL
OF THE SITE PLAN, THE LANDSCAPE PLAN, THE MONUMENT SIGN
PLAN, AND THE ELEVATION PLAN, ATTACHED HERETO AS EXHIBITS
"B", "C", "D", AND "E", RESPECTIVELY; 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 ($2,000.00) DOLLARS FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission of the City of Coppell and
the governing body of the City of Coppell in compliance with the laws of the State of
Texas, and the ordinances of the City of Coppell, have given requisite notice 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-1098R should be approved, and in the exercise of its 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 on the
6th day of February, 1979, as heretofore amended, be, and the same are hereby,
amended by granting a change in zoning from "C" (Commercial) and "C-S.U.P."
(Commercial, Special Use Permit) to "C-S.U.P." (Commercial, Special Use Permit), with
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special conditions, for a grocery store, including a bank and a food court for restaurant
use, on property located at the northwest corner of Sandy Lake Road and MacArthur
Boulevard, Coppell, Dallas County, Texas, and being more specifically described in Exhibit
"A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the above change in zoning is hereby granted subject to
the following special conditions:
A. That the property shall be developed and used only in accordance with the
Site Plan, Landscape Plan, Monument Sign Plan and the Elevation Plan
attached hereto as Exhibits "B", "C", "D" and "E" respectively;
B. That the applicant shall confer with City staff to determine the appropriate
number and type of trees needed to buffer noise and light on the north and
west side of the proposed building;
C. That the trash compactor area shall be screened with appropriate plants in
accordance with the Landscape Plan attached hereto as Exhibit "C"; and
D. That the property shall be developed, used and any business operations on
the property shall limit the delivery hours to no earlier than 6 a.m. and no
later than 10 p.m. daily.
SECTION 3. That the property shall be developed and used only in
accordance with the Site Plan, the Landscape Plan, the Monument Sign Plan, and
Elevation Plan, attached hereto as Exhibits "B", "C", "D", and "E", 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
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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 ordinances of the City of Coppell in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and
all other provisions of the ordinances of the City of Coppell 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 invalid, illegal or unconstitutional,
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 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 fine not to exceed the sum of Two Thousand
($2,000.00) Dollars for each offense; and each and every day such violation shall continue
shall be deemed to constitute a separate offense.
SECTION 9. This ordinance shall take effect immediately from and after its
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passage and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas this the ~ ~'
day of ,1996.
APPROVED:
Al-rEST:
LI~ID~ G~RAU, CITY SECRETARY
APPROVED AS TO FORM:
'PETER G. SMI~/H, CITY A~-FORNEY
(PGS/jd 12/07/95)
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OWNER'S CERTIFICATION
WHEREAS THE KROGER CO., is the sole owner of a 7.040 acre tract of land
out of fha B.B.B. & C.R.R. SURVEY, Absfracl No. 199, in the City of
Coppell, Dallas County, Texas and being a portion of Lots 2 and 5,
LAKESIDE VILLAGE, an addition to the City of Coppell, Dallas County, Texas,
according fo fha plot recorded in Volume 1~$186, Page 1670 of the Mop
Records of Dallas County, Texas, and being oil of Lots SA and SB, of LAKESIDE
VILLAGE. according fo the replaf recorded in Volume 9.5088, Page 608, of sold
Map Records, sold tract being more particularly described as follows;
BEGINNING at an "X" cut Iound In concrete for the northeast corner of said Lot
SA, said point being at the southeast corner of Waters Edge, Phase One, on addition
to the Clty of Coppell recorded in Volume 92228, Page 3869. said Map Records,
said point also being in fha wesl right-of-way llne of Mac Arthur Boulevard. o public
right-of-way of variable width;
THENCE South 02 degrees 59 minutes 17 seconds East, along the west right-of-way
line of said Mac Arthur Boulevard, 97.62 feet fo a 5/8 inch iron rod found;
THENCE South 01 degrees 25 minutes S6 seconds East, continuing with fha west
right--of--way line of said Mac Adhur Boulevard, 541.00 feet fo a 5/8 inch capped
Iron rod found of the beglnnlng of a curve to the right having radius of 252.50
feet;
THENCE Southerly with said curve and said right-of-way through a central angle of
11 degrees 2.5 minutes 14 seconds, an arc length of 50.33 feet to o 5/8 inch
capped Iron rod found stamped "JBM" at fha beginning of a reverse curve to fha left
having a radius of 252.50 feet;
THENCE Southerly continuing with said curve and said right-of-way through a
central angle of il degrees 25 minutes 14 seconds, on arc length of $0.5], feet
to o 5/8 inch iron rod found;
THENCE South 01 degrees 23 minutes S6 seconds East continuing with said
right-of-way, 75.00 feet fo a 5/8 inch copped Iron rod found stomped "JBM";
THENCE Soulh 44 degrees 40 minutes 17 seconds West, 27.75 feet to o 5/8 inch
copped iron rod found stomped "JBbl" in fha north right-of-way line of Sandy
Lake Road, a public right-of-way of variable width;
THENCE Norlh 89 degrees 1.5 minutes 50 West with said north right-of-way
line, 181.6], feet fo a 5/8" capped iron rod found;
THENCE South O0 degrees 44 minutes ],0 West wlfh said right-of-way Hne,
5.00 teat Io a 5/8 inch iron rod found;
THENCE North 89 degrees 1.5 minutes .~0 seconds West continuing with sold
right-of-way llne, 27422 feet to a 5/8 inch copped iron rod set stomped "JBM',
same being the southeast corner of Waters Edge, Phase Two, on addition to
the City of Coppell recorded in Volume 94144. Page 2.544. said Map Records:
THENCE Northerly with fha west line of fha herein described tract, and the east
property line of said Waters Edge Phase Two, the following four (4) courses:
1.) North O0 degrees 44 minutes 30, seconds East, departing said north right-
of-way line, 51,5.65 feet to a 'X" cut set atop o brick column;
2.) North 19 degrees 36 minutes ,54 seconds West, 217.85 feet to o "X"
cut set atop a brick column, from which a 5/8" iron rod found
bears South 01 degrees 25 minutes ,56 seconds East, 15.00 feet;
],.) North 01 degrees 25 minutes 56 seconds West, 27.00 feet to o "X" cut
set atop a brick column;
4.) North 40 degrees 55 minutes 19 seconds East, 82.25 feet fo a `5/8 inch
capped iron rod set stamped "JBM~;
THENCE North 87 degrees 2], minutes 02 seconds East. 485.00 feet fo the
POINT OF BEGINNING and CONTAINING 7.040 acres of land as surveyed
on the ground in fha month of June, 1995.