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CC approval of ORD 1/9/96-'~ AGENDA REQUEST FORM . CITY COUNCIL MEETING: January 9, 1996 ITEM ITEM CAPTION: Consideration and approval of an Ordinance with special conditions for Case No. S-1098R, Lakeside Village, Phase II, to change the zoning from C (Commercial) and C-S.U.P. (Commercial, Special Use Permit) to C-S.U.P. (Commercial, Special Use Permit) for a grocery store, including a bank and a food court for restaurant use for property located at the northwest corner of Sandy Lake Road and MacArthur Boulevard, and authorizing the Mayor to sign. ~'"~"~ ~ ?"~'~' ' /, '" -- ~9 ~ D._.-'>-_.~: :-~-:~....., ~ :~ ~: ~.. ....... , ql~ "~-/ ~ ~ ~ ~" ..... :. ~' -., ...... '..I:;I~.,,L .~:~~'~ - SUB~''ED BY: ~,ry L. Sieb ~.,'~ ~ ~/~/)~ · ~: D~nec~o~ o~ P~ann~n~ and{C~. Services S~F CO~E~ ~ meeting. STAFF RECOMMENDATION Approval ~ Denlal EXPLANATION: BUDGET AMT.$ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS :~ FINANCIAL REVIEW~. CITY MANAGER REVIEW:~ Agenda Request Form - Revised 1/94 Document Name s1098r.ord ~ Pu~ "gold.mod' p~j~f ~n prln~r~ ORDINANCE NO ~/.<~"~)/3 -~J~- JO ~' 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 PER. MIT), 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" ATFACHED HERETO; PROVIDING FOR THE APPROVAL OF THE SITE PLAN, THE LANDSCAPE PLAN, THE MONUMENT SIGN PLAN, AND THE ELEVATION PLAN, ATFACHED 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 -1- AGG0799F 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 prope.rty shall be used only in the manner and -2- AGG0799F 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 -3- AGG0799F 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: A'I-rEST: LINDA GRAU, CITY SECRETARY APPROVED AS TO FORM: ~ER~G. S~A'I-['ORN EY (PGS/jd 12/07/95) -4- AGG0799F OWNER'S CERTIFICATION ~ WHEREAS THE KROGER CO., Is the sole owner of o 7.040 acre tract of land _.j out of the B.B.B. & C.R.R. SURVEY. Abstrc3cl Ho. 199, in the City of Coppell, Dallas County, Texas and being a portion of Lots 2 and 5, LAKESIDE VILLAGE, an addition to the Ctfy of Coppell, Dallas County, Texas, :2~ according to fha plat recorded in Volume 85186, Page 1670 of the Map Records of Dallas County, Texas, and being all of Lots SA and 58, of LAKESIDE :EX VILLAGE. occording to the replaf recorded in Volume 9,5088, Page 608, of said Mop Records, sold tract being more particularly described as follows; BEGINNING at an "X" cul found In concrete for the northeast corner of sold Lot 5~]' 3A, said point being at the southeast corner of Waters Edge. Phase One. on addition ~" to the City of Coppeli recorded In Volume 92228. Page 3869. said Mop Records. ~. ~ said point also being in fha west rlghf-of-wo¥ line of Mac AHhur Boulevard. o public .:~ right-of-way of variable width; THENCE South 02 degrees 59 minutes 17 seconds East, along the west right--of--way llne al said Mac Arthur Boulevard. 97.62 feel to a 5/8 inch iron rod found; THENCE South 0t degrees 25 minutes 56 seconds East. confinulng with the wes! right-of-way line of said Idac Arthur Boulevard, 541.00 feet to a 5/8 inch capped iron rod found af the beglnnlng of o curve to Ihe right having radius of 252.50 LA' ! TH£NC[ Southerly with sold curve and said right-of-way through a central angle of 11 degrees 25 minutes 14 seconds, an arc length of 50.5`5 feet to O ,5/8 inch ~ capped iron rod found stomped 'JBM" at the beglnnlng of a reverse curve to the left having o radlus of 252.50 feet; THENCE Southerly continuing with said curve and said right-of-way through o central angle of II degrees 25 minutes 14 seconds, an arc length of .50.33 feet to o 5/8 inch iron rod found; THENCE South 01 degrees 23 minutes 56 seconds East continulng wlth sold right-of-way, 75.00 teat to a 5/8 Inch capped iron rod found stomped THENCE South 44 degrees 40 minufes 17 seconds West. 27.75 feet to o .5/8 inch capped Iron rod found stamped 'JBM" In the north right-of-way llne of Sandy Lake Road, o public right-of-way of variable wldfh: THENCE North 89 degrees 15 minules 30 West with sold north right-of-way llne, 181.65 feet to o 5/8' capped iron rod found;  THENCE South 00 degrees 44 minutes 50 West with said right-of-way line, 5.00 tees Io a 5/8 inch iron rcd found; ; THENCE North 89 degrees 15 m;nutes `50 seconds West continuing wilh sold rlght-of-woy line. 274 22 feet to a ,5/8 inch capped iron rod set stamped "JBM". some being the southeast corner of Waters Edge. Phase Two, an oddifion to the City of Coppell recorded in Volume 94144. Page 2.544, said Mop Pecords; THENCE Norlherly with the west llne of the herein described tract, and the east property llne of said Waters Edge Phase Two. the following four (4) courses: 1.) North O0 degrees 44 minutes 50-seconds East, departing said north tic, hr-- al-way line, 3,15.65 feet to a 'X" cut set atop a brick column; 2.) North 19 degrees .56 minutes 54 seconds West, 217.85 feet to a "X" cut set atop o brick column, from which o 5/8" iron rod found bears South 01 degrees 25 minutes 56 seconds East, 13.O0 feet; 3.) North at degrees 23 minutes 56 seconds West, 27.00 feet to o "X" cut set atop a brick column; 4.) North 40 degrees 5`5 minutes 19 seconds East, 82.25 feet Io o 5/8 inch capped iron rod set stomped "JBM"; THENCE North 87 degrees 2`5 minutes 02 seconds East. 485.00 feet fo the POINT OF BEGINNING and CONTAINING 7.040 acres of land as surveyed on Ihe ground in the month of June, 1995. ' EXHIBIT ~ ~ I ' ~' ' ..... :,, ., .,~.,~ ~.- ~ ~ ........... p~ . . ~ ;,; ' I ~:~: ~ :" :~' .... ~ ~ · ~ ' ~t : : -. CZ') 0 © "' ~!llllll~lld~ill~lll I > -~ ..... ~ . '3'~. '~-:~'_ :---.- , ....... : ?.-.}:-.-~-.- 'r.t[' .~.. ,i -.--: : ~'.."U ..... .-~ .'~r~.~ ...... ~ r-.2. -- ~-5 ' .'-i ' ~ :~J~ iI" ' ' ' a ~i~ : ~ i ~ ~ EXHIBIT ;: ....... : :- -' -' " ............... ARCHITECTS ~']- KROGER OAL-4~ ....................... li!.:...,-~ ..... ,....: .~_. ..~~ ....~--~..--~ ~-~ .=__= ~..~ ...~ ,, '=.-: ~/ // "'" .'..'-----.~/."---.---~.- ..... ~ ;--" i~' t [~. P.O. Box 478 '~ /~---~. ~, ..~,~='-=~,~' :~ JUL 2 21~6 CoppelI. Texas750~9 ~/ /~ The City W,th A Beautiful Future i~: 214-462-~22 ~ /~ P.O. B ox478 ! .... Coppell. Texas 75019 .............. J TOM MCRTON Off~ce of the Mayor July 22, 1996 Mr. Charlie Pickett 931 Moonlight Cove Coppell, TX 75019 Re: Letter of July 5, 1996 Dear Mr. Pickett: I'm sorry about the delayed response, but I have been out of the country and just returned. I am forwarding this information to you in response to your letter of July 5th, received in our offices on July 8th. First of all, the light fixtures installed on Krogex's parking lot are a maximum of 40 feet high and light shields have been installed within the last week which will provide compliance with Section 36 of the Zoning Ordinance. With regard to the air conditioning issues, since this project utilized an SUP reviewed by the Planning & Zoning Commission and the City Council, there is no action we can unilaterally take at this time regarding the painting of the units, the parapet wall, and any additional noise suppression items. They were not required of Kroger when the SUP was granted and any agreement with Kroger would be on a strictly voluntary basis. We will, however, monitor noise at the property line to ensure maximum noise levels as allowed by our Ordinance are not being exceeded. If you have any additional questions, please feel free to contact us. We will consult with our Staff to provide any appropriate assistance. Respectfully, 'Tom Morton Mayor TM:kar pickett.722 cc: City Council Jim Witt Gary Sieb