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CC approval on 9/12/95 AGENDA REQUEST FORM (~The ~ WHh A ~laulllul CITY COUNCIL MEETING: September X2, xs~s ITEM # ITEM CAPTION: PUBLIC HEARING: Consideration and approval of S-1098R, Lakeside Village, Phase II, zoning change from C (Commercial) and C-S.U.P. (Commercial, Special Use Permit) to C-S.U.P. (Commercial, Special Use Permit) to allow the development of a Kroger grocery store which includes a bank and a food court for restaurant use, located at the northw~s__t_~orner~of Sandy Lake Road and MacArthur Blvd. APPROVEU/~/~~~ ~ SUBMITTED B<-Gary L. Sieb~ ~AT~ ~''''~' TITLE: ~irector of Planning & Co,unity Services INITI~ . STAFF CO~ENTS: Date of P&Z Meeting: August 17, 1995 Decision of Commission: Approved (5-0) with Co~issioners Lowry, Wheeler, Thompson, Reyher and Stewart voting in favor. None opposed. Commissioner Redford was absent. A vacancy exists at the present time. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: Please see attached for conditions. BUDGET AMT.$ ~/~ AMT. EST.$ +/- BUD:$ FINANCIAL COMMENTS: FINANCIAL REVIEW: ~ CITY MANAGER REVIE ~en~ Request Form - Revised 1/94 Pu~ "~oklon~d" p~q~r in AGENDA REQUEST NARRATIVE 8-1098R, LAKESIDE VILLAGE, PHASE II Conditions for approval: (1) Approval is subject to the site plan. A notation needs to be made to include the revised Landscaping Plan; (2) the applicant needs to confer with City staff to determine the appropriate number and type of trees that will help buffer noise and light on the north and west side of the proposed building. The trash compactor area also need to be screened with appropriate plants, and (3) Option 1 shall be used with regard to the planned monument sign. Agenda Narrative- Revised 1/94 SUPPORT DOCUMENTATION FOR AGENDA ITEM STAMP RECEIVED BY CITY MANAGER'S OFFICE: SUPPORT DOCUMENTATION SUBMITTED WITH ITEM: NO. OF ORIGINALS REOUIRED MEMOS/LETTERS/REPORTS/BILLS/MINUTE : X for a total of c/. pages CONTRACT/AGREEMENT ............ : 3 originals for signature C.I.P. CONTRACT .................. : 6 originals for signature CHANGE ORDERS ................. : 3 originals for signature ORDINANCE ..................... : 1 blueback for signature + 3 copies CAPTION ....................... : 1 blueback for signature RESOLUTION ..................... : 2 blueback for signature -I- 1 copy PROCLAMATION .................. : 2 blueback for signature -I- 1 BIDS ........................... 1 each SUPPORTING DOCUMENTS (narrative) .... 19 + original (over 10 pages or 5 double sided in length) LOCATION MAPS ................... 14 ZONING PLANS .................... 14 PRELIMINARY/FINAL PLATS ........... 14 SITE PLANS ....................... ,~ 14 LANDSCAPE PLANS ................. ,~ 14 ARCHITECTURAL RENDERINGS ........ )~ 14 LENGTHY DOCUMENTS .............. 14 (zoning, subdivision ordinance, master plans) DATE PUBLISHED IN THE CITIZENS' ADVOCATE: August 25, 1995 (to meet legal requirements prior to consideration by council) NOTIFICATION TO: Property owners within 200 feet METHOD OF CONTACT: Notice NOTES Agenda Request Distribution - Revised 1/94 CITY OF COPPELL PLANNING DEPARTMENT STAFF REPORT CASE NO: S-1098R, LAKESIDE VILLAGE, PHASE II P & Z HEARING DATE: August 17, 1995 C.C. HEARING DATE: September 12, 1995 LOCATION: Northwest comer of Sandy Lake Road and MacArthur Boulevard SIZE OF AREA: 7.04 acres CURRENT C and C-S.U.P. (Commercial and Commercial, Special Use Permit) ZONING: REQUEST: C-S.U.P. (Commercial, Special Use Permit) APPLICANT: Owner: Engineer: Kroger Co. JBM Engineers and Planners, Inc. 100 Kroger Drive 2630 West Freeway, Suite 100 Keller TX 76248 Fort Worth TX 76102 (817) 337-2050 (817) 429-7560 (817) 337-2058 (817) 429-9322 Represented by: Represented by: Jeffrey R. Krueger Barry L. Hudson HISTORY: Triland Investment Group requested the C (Commercial) zoning district for an 11.0355-acre site prior to 1985. In 1985 a Special Use Permit was granted for a 49,074-square-foot Kroger store within a l15,169-square-foot retail center on the 11.0355 acres. Also in 1985 a final plat was approved subdividing the tract into three lots and dedicating 0.5103 acres for street right-of-way. This reduced the site to 10.5252 acres. In October of 1993 the City reclassified 3.575 acres of the western portion of the original 11.0355 acres to SF-7 (Single-Family Residential). Item 8 In October of 1994 the City approved a replat of the most eastern lot (Lot 3) into two lots (Lots 3A & 3B) and a site plan for Lot 3A showing an 8,000-square-foot day care facility to be call Lakeside Village Academy. In April of 1995 the City approved a replat of Lots 3A and 3B to make Lot 3A larger by reducing the size of Lot 3B. TRANSPORTATION: MacArthur Boulevard is a 4-lane divided thoroughfare within a 110-foot r.o.w, shown on the thoroughfare plan as a P6D, six- lane divided thoroughfare; Sandy Lake Road is 2-lane road shown on the thoroughfare plan as a C4D/6, four-lane divided thoroughfare to be built in a 110-foot r.o.w. SURROUNDING LAND USE & ZONING: North - existing single-family homes and vacant lots; PD-125-SF-7 South - existing single-family; TH-1 East existing commercial uses and vacant land; C West existing single-family homes; SF-7 COMPREHENSIVE PLAN: The 1987 Comprehensive Plan shows this area to be utilized for commercial uses. DISCUSSION: In the 10 years that have elapsed since the first approval of a Special Use Permit for a Kroger food store on this site, design concepts have changed. Grocery stores are less frequently serving as anchors within strip shopping centers and more frequently appearing as freestanding structures accommodating tenants within, such as banks, restaurants, or camera/film/video sales and services. Kroger's current request for a Special Use Permit illustrates this trend. The store is proposed to accommodate a small area for food service and a bank. The building, therefore, is 10,000 square feet larger than the 49,000-square-foot facility approved in 1985. The 7-acre site, however, will have total retail space of approximatelyl5,000 square feet less than that previously shown on the same 7-acre area. The building is oriented and located similarly to the previous plan, although approximately 25 feet more distant from the north property line. With the conversion of 36% of the original site to residential uses on the western side, the reduction of retail space by almost half (from 115,000 square feet to 59,000 square feet), and the concomitant reduction of car parking by 298 spaces (from 653 spaces or 6 cars per acre to 355 or 5 cars per acre), traffic impact is lessened significantly. Item 8 The proposed plan respects surrounding residential uses by providing screenwalls, landscape buffers and tree planting. Parking areas are adequately landscaped and buffered from adjoining major thoroughfares. Attached signage is restrained and well below sign ordinance standards, but both of the proposed monument sign options appear to exceed those standards and needs to be revised. RECOMMENDATION: Staff recommends approval of the Special Use Permit, site plan, landscape plan, building elevations with brick to match that of the screenwall adjoining the site on the west, and fixture plan. However, staff recommends that the monument sign be modified as follows: Reduce the overall monument width so as not to exceed 9 feet and the backlighted sign width so as not to exceed 5 feet. Reduce the overall monument height so as not to exceed 7 feet and the backlighted sign height so as not to exceed 4 feet 6 inches, including the Kroger sign and not more than 2 individual tenants. ALTERNATIVES: 1) Approve the S.U.P. 2) Deny the S.U.P. 3) Modify the S.U.P. ATTACHMENTS: 1) Site Plan 2) Landscape Plan 3) Elevation Study 4) Fixture Plan Item 8 462-8~70 To: GARY SEIB - CITY OF COPPELL From: Beckv Chavarria Chairez B-1§-95 ll:24am p. 1 of § :!i I -il i: FAX TRANSMISSION _ , TO: PLANNING AND ZONING COMMISSION TOWNCENTER - CITY OF COPPELL (URGENT FOR THURSDAY, AUGUST 17 PUBLIC HEARING) FR: BECKY CHAIREZ 944 PINT.ML COURT, COPPELL 75019 214-462-8099 RE: OPPOSITION TO KROGER DEVELOPMENT PROPOSAL DA: 08/16/95 I AM UNABLE TO JOIN YOU FOR THE PUBLIC HEARING ON CASE NO. S-1098R. LAKESIDE VILLAGE. PI-La, SE II C & C-SUP TO C-SUP. HOWEVER, I WISH TO SUBMIT MY CONCERNS AND OPPOSITION TO THE PROPOSAL BY KROGER FOOD STORES. I AM WRITING TO SI-LARE MY CONCERNS REGARDING THE PROPOSED KROGER STORE PLa, N FOR THE CORNER OF SANDY LAKE RD. AND MACARTHUR BLVD IN FAR EAST COPPELL. THE PLANNING .AND ZONING COMMISSION AND INTERESTED CITIZENS WILL RECEIVE A PRESENTATION ON THIS ISSUE ON AUGUST 17 AT 7:30 PM AT TOWN CENTER. NOW TI-LAT THE SCHOOL YEAR HAS OPENED, I HOPE PARENTS FROM LAKESIDE ELEMENTARY, WHICH AS YOU ICNOW, IS DIRECTLY ACROSS THE STREET FROM THE PROPOSED KROGER CENTER SITE, WILL ,ATTEND AND LEARN ABOUT THE DEVELOPMENT. I REALIZE, THEY HAVE NOT BEEN SENT THE NOTICES WHICH WE HOMEOWNERS HAVE RECEIVED IN RECENT W'EEKS. I BELIEVE I AM NOT THE ONLY ONE WHO DOES NOT THINK THE PROPOSED PLAN IS COMPATIBLE WITH THE NEIGHBORING ELEMENTARY SCHOOL AND NEARBY HOMES. SEVERAL FACTORS OF CONCERN INCLUDE: · IT IS NOT KNOWN WHETHER THIS KROGER STORE MAY WISH TO OPEtLATE A 24-HOUR STORE. RECENT HISTORY SHOWS COUNCIL RELUCTANCE TO APPROVE AROUND-THE-CLOCK FAST FOOD DINING. IN THIS CASE, I THINK 24-HOUR OPERATIONS, WHICH ARE CONVENIENT FOR A FEW WHO MAY NEED TO SHOP AFTER HOURS, THE 24-HOUR OPERATION CONCEPT IS ONE WHICH IS ATTRACTIVE TO CRIMINALS. I BELIEVE ONE OF THE REASONS COPPELL HAS A LOWER-TI-L4aN-AVERAGE CRIME RATE IS DUE TO THE LIMITED HOURS OF OPEtL~TION AT BUSINESSES WHICH ELSEWHERE OPERATE AROUND THE CLOCK. ,, FURTHER, IF THERE WERE A 24-HOUR OPERATION IN COPPELL AT THIS CORNER, NEARBY HOMES WOULD BE GUARANTEED THE SOUNDS OF 18-WHEELER AND OTHER DELIVERY TRUCKS AND RELATED DELIVERY ACTIVITIES. FURTHER, THE NOISIER REFRIGERATED TRUCKS ~I/OULD BE PRESENTAT VIRTUALLYANY HOUR. NOTE: REFRIGERATED TRUCKS, EVEN WHEN PARKED, REMAIN WITH THEIR REFRIGERATION To~ G~RY SEI8 - CITY OF COPPELI From~ ~eckv Chavareia Chair~x R-l§-g§ ll~Z4zm p. 3 of 8 UNITS TURNED "ON" FURTHER ALLOWING THE NOISE TO CARRY. THIS MAY NOT BE A PROBLEM FOR PERSONS NEIGHBORING MINYARD'S ON DENTON TAP ROAD FOR THE REASON THAT THERE IS A GREATER DISTANCE BETWEEN THE STORE AND HOMES, NEARLY 3 TIMES AS MUCH AS WOULD BE ALLOWED UNDER THE KROGER PROPOSAL. IN ADDITION, THE MINYARD'S STORE HAS A WOODED BARRIER WITH MANY MATURE TREES TO PROVIDE A SOUND BUFFER AND VISUAL SCREENING. · THE BUILDING INSPECTION AND PLANNING DEPARTMENT REPORTS THE PROPOSED STORE WOULD BE 24 FEET AND 8 INCHES TALL AND TFLAT A 6-FOOT HIGH BRICK WALL WOULD BE INSTALLED. THIS BARRIER WILL NOT BE ADEQUATE TO SCREEN NOISE AND ENSURE PRIVACY TO THE NEARBY HOMES. · I WONDER, JUST HOW WILL STREETS BE AFFECTED2 HEAVY DELIVERY TRUCKS WILL BE TRAVELLING OVER THE BRICK-LIKE PAVESTONE SURFACED SECTIONS OF MACARTHUR BLVD. HOW WILL THIS WEAR ON THE ROADWAY'? WILL THIS ERODE A ROADWAY USED BY BICYCLISTS zauND JOGGERS AND, MORE IMPORTANTLY, THE YOUNG CHILDREN WHO AYVklL THEMSELVES TO A CROSSWALK AND MUST BE ENSURED SAFE WALKS AND RIDES ALONG THE WAY TO AND FROM SCHOOL'? THIS ROADWAY IS SOMETHING RESIDENTS TRULY NEED, USE AND ENJOY. SHOULD WE THRUST THIS COMMERCIAL ACTIVITY ON THIS NEIGHBORHOOD'? Tm'~ GARY ~IB - CITY O~ £ORP~LL K.om~ §menv Ch~ia Chai~e~ 8-1B-~5 ll:24am p. ~ o~ 5 · THE LIGHTS FROM THE STORE WILL BE BRIGHT AND A CRIME DETERRENT PERHAPS BUT THE BRIGHTNESS WILL ENCROACH NIGHTLY ON THE PRIVACY OF NEIGHBORS. IF THE KROGER STORE PLAN WERE TO BE APPROVED, I WOULD RECOMMEND THAT THE CITY REQUIRE FURTHER RESTRICTIONS SUCH AS: · LIMIT STORE OPERATION HOURS AND DELIVERY TIMES. · NO 24-HOUR ACTIVITY NOR NIGHT DELIVERIES. · REQUIRE A HIGH BRICK W'ALL ALONG THE NORTH AND WEST-SIDE PERIMETER LINES. TALL AND THICK LANDSCAPING TO HELP OBSCURE ACTIVITY, LIGHTING AND RELATED SOUNDS. · LASTLY, HOWEVER, I AM COMPELLED TO SHARE MY CONCERN AND PUZZLEMENT AS TO WHY THE CITY WOULD CONSIDER THIS PROPOSED BUSINESS SCENARIO WITHIN CLOSE PROXIMITY TO LAKESIDE ELEMENTARY. THERE IS NO OTHER SIMILAR BUSINESS/SCHOOL RELATIONSHIP. I'VE LOOKED EVERYWHERE IN COPPELL, .adqD NO OTHER SCHOOL NEIGHBORS .42qYTHING LIKE THE PROPOSED GROCERY STORE OPERATION WITH ITS PROPOSED 350 - PLUS PARKING SPACES, WHICH EXCEEDS THE 305 SPACES REQUIRED BY THE CITY. I SUPPOSE THE ADDITIONAL SPACES WILL BE NECESSARY TO SUPPORT HIGH TRAFFIC TO THE GROCERY STORE, PLANNED BANKING SATELLITE CENTER .,kND IN-STORE RESTAURANT OPERATION. To= GA~V CKI§ - CITV OF C0PPCLL From: ~m:k¥ Chavarria CNainem g-lB-g5 ID25am p. 5 of 6 TAKING A CLOSER LOOK; THIS PROPOSAL CALLS FOR TWO DRIVE/ENTtLANCES ON THE MACARTHUR SIDE OF THE PROPOSED PROJECT. ONE OF THOSE ENTRANCES, THE REAR ENTR.&NCE - :AND PRESUMABLY THE ONE WHICH WILL DOUBLE AS A DELIVERY ENTRANCE - WOULD BE INSIDE THE SCHOOL ZONE. ONCE CONSTRUCTION COMMENCES ON SANDY LAKE RD., MACARTHUR WILL BECOME THE ALTERNATE MAIN THOROUGHFARE AND ENTRANCE. I THINK THIS PRESENTS SOME SAFETY CONCERNS, SOME OF WHICH THE PARENTS OF HUNDREDS OF LAKESIDE STUDENTS .AND TEACHERS - WHO WOULD BE NEIGHBORS TO THIS OPERATION NINE MONTHS OUT OF IHE YEAR - MAY NOT REALIZE AT THIS STAGE OF THE PROPOSAL. APART FROM NOT SEEING THE NECESSITY FOR ANOTHER GROCERY STORE, I STRONGLY BELIEVE THIS PROJECT SHOULD NOT MOVE IN SO CLOSE TO A SCHOOL AND HOMES. FURTHERMORE, I THINK THE COMMUNITY WHICH USES THIS AREA NINE MONTHS DURING EVERY SCHOOL YEAR MUST BE INVOLVED IN THIS PHASE OF THE EFFORT. I HOPE YOU TAKE THESE CONCERNS AND CONSIDER ALL POSSIBLE SCENARIOS TO ENSURE THE COMMUNITY DOES NOT JEOPARDY SAFETY AND SECURITY OF THE CHILDREN AND FAMILIES NEARBY. I WOULD PREFER SEEING A DAY CARE CENTER, RECREATION FACILITY, SOMETHING FOR FAMILIES .AND FOR LAKESIDE STUDENTS TO USE AFTER SCHOOL HOURS. THIS PROPOSED CONFIGURATION OF HOMES, SCHOOL T=: ~A~V ~KIg - CITV O~ COPP~LL ~rom; B~ckv Chovarrla Chalr~z B-l§-9§ ll:2Bam p. B o? § AROUND-THE-CLOCK BUSINESS OPERATION IS A MOVE IN A NEW DIRECTION, ONE I CANNOT SUPPORT. I HOPE YOU WILL ACKNOWLEDGE THESE CONCERNS AND CONSIDER THEIR MANY RAMIFICATIONS. I THANK YOU VERY MUCH FOR YOUR TIME AND CONSIDERATION. kroscr.ltr 16. Consider approval of a Resolution approving a Tax Abatement Agreement between the City of Coppell and Primera Coppell Properties I, Ltd. and authorizing the Mayor to sign. Considered under Item 15. See Item 15 for minutes. 17. PUBLIC HEARING: Consider approval of S-1098R, Lakeside Villaoe, Phase H__, zoning change from C (Commercial) and C-S.U.P. (Commercial, Special Use Permi0 to C-S.U.P. (Commercial, Special Use Permi0 to allow the development of a Kroger grocery store which includes a bank and a food court for restaurant use, located at the northwest corner of Sandy Lake Road and MacArthur Blvd. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. Gary Vickery, representing JBM Engineers and the Kroger Company, addressed the Council. Marcia Szerlip, 978 Laguna Drive spoke in opposition to this proposed item. Mayor Pro Tem Robertson moved to close the Public Hearing and approve S-1098, Lakeside Village, Phase II, zoning change from C (Commercial) and C-S.U.P. (Commercial, Special Use Permi0 to C-S.U.P. (Commercial, Special Use Permi0 to allow the development of a Kroger grocery store which includes a bank and a food court for restaurant use, located at the northwest comer of Sandy Lake Road and MacArthur Road with the following conditions: 1) subject to the site plan. A notation needs to be made to include the revised landscaping plan; 2) the applicant needs to confer with the City staff to determine the appropriate number and type of trees that will help buffer noise and light on the north and west side of the proposed building. The trash compactor area also needs to be screened with appropriate plants; 3) option 1 shall be used with regard to the monument sign; 4) that proposed signage be attached to the S.U.P.; and 5) delivery hours shall not commence before 6:00 a.m. and must end no later than 10:00 p.m. Councilmember Sheehan seconded the motion; the motion carded 7-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Sturges, Watson, Tunnell, Mayo, and Sheehan voting in favor of the motion. PUBLIC HEARING: Consider approval of Lakeside Village, Phase H, Replat, to create a single lot to allow the development of a Kroger grocery store which includes a bank and a food court area for restaurant use, located at the northwest corner of Sandy Lake Road and MacArthur Blvd. Gary Sieb, Director of Planning and Community Services, made a presentation to the Council. Mayor Morton opened the Public Hearing and asked for those persons wishing to speak regarding this proposal. There were none. Mayor Pro Tem Robertson moved to close the Public Hearing and approve Lakeside Village, Phase II, Replat, to create a single lot to allow the development of a Kroger grocery store which includes a bank and a food court area for restaurant use, located at the northwest comer of Sandy Lake Road and MacArthur Blvd. Councilmember Alexander seconded the motion; the motion carried 7-0 with Mayor Pro Tern CM091295 Page 12 of 14 ORDINANCE NO ~'/.~O -Al-/~ 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" ATrACHED 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 - 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-I'EST: APPROVED AS TO FORM: (PGS/jd 12/07/95) -4- AGG0799F OWNER"S CERTIFICATION ~)~ WHEREAS THE KROGER CO., Is fha sole o~ner of a 7.040 acre tract of land out of the B.B.B. & C.R.R. SURVEY, Abstracl No. 199, In the City of ~ Coppell, Dallas County, Texas and being o portion of Lets 2 and 3, :24 LAKESIDE VILLAGE, an addition lo Iht City of Coppell, Dallas County. Texas. according to the plat recorded In Volume 85186, Page 1670 of the Mop Records of Dallas County, Texas, and being all of Lots 3A and 3B, of LAKESIDE ~EX VILLAGE. according to Iht rapist recorded in Volume 9.5088, Page 608. o( said Map Records, safc~ tract being more padicularly described as follows; )-- ~ BEGINNING at an 'X" cut Iound In concrete for the northeast corner of said Lot 5~ 3A, said point being at the southeast corner of Waters Edge, Phase One. on addition ,,~ to the City of Coppell recorded In Volume 92228. Page 38G9. said Map Records. ~, ~ said point also being In the wesl rlghf-of-woy llne of Mac Arthur Boulevard. a public · right-of-way of variable widlh; THENCE Soulh 02 degrees 39 minutes 17 seconds East, along the west right-of-way . ,,~ llne of said Mac Arthur Boulevard, 97.62 feet to a .5/8 inch iron rod found: THENCE South 01 degrees 23 minutes 56 seconds East, continuing wllh Iht west right-of-woy line of said Mac Arthur Boulevard, 341.00 feet to o 5,/8 inch capped I~ Iron rod found at the beginning of a curve lo Iht right having radius of 2.52.50 E I feel; LA' t THENCE Southerly with sold curve end said right-al-way Ihrough o central angle of ; !! degrees 25 minutes 14 seconds, an arc length of 50.33 leaf lo a 5/8 inch copped Iron rod found stamped 'JBM" al the beginning of a rever~e curve to the left having a radius af 252.50 feet', THENCE Soufhedy continuing wilh said curve and said right-at-way through a central angle of I1 degrees 25 minutes 14 seconds, an arc lenglh of .50.33 feel to a .5/8 inch iron rod found; THENCE South O1 degrees 23 minutes 58 seconds East continuing with said 17C right-of-way, 75.00 feet to o 5/8 Inch capped Iron rod found stomped THENCE South 44 degrees 40 minutes 17 seconds Wesl, 27.75 feel to a 5/8 inch capped Iron rod found stamped 'JB~' In the north right-of-way line of Sandy Lake Road, a public right-of-way of variable width: THENCE North 89 degrees tS mlnules $0 West with said north right-al-way line. 181.63 feet to o 5/~' copped Iron rod found; THENCE Soulh 00 degrees 44 minutes 30 West with said right-of-way line. 3.00 feel fo a ~/8 Inch iron rod found; THENCE North 89 degrees 15 minules ~0 seconds West continuing with said r~ght-of-way llne, 274.22 feet fo a 5/8 Inch capped iron rod set slamped ,. same being the southeast corner of Waters Edge. Phase Two, on addition to the City af Coppell recorded in Volume 94144, Page 2544, sold Map Records: THENCE Northerly with the west llne of the herein described tract, and the eosl property line of said Wafers Edge Phase Two, the fallowing four (4) courses: ~a~ 1.) North OD degrees 44 minutes ]0 seconds East. departing said north right- ~'~ of-way line, 315.63 feel fo a *X" cut set atop a brick column; ~'~ 2.) North 19 degrees $6 mlnules S4 seconds West, 217.85 feet to o ~Cl cut set atop o brick column, from which o 5/8" iron rod found bears Soulh O1 degrees 23 minutes .56 seconds East, 13.00 feet; 3.) North at degrees 23 minutes 56 seconds West, 27.00 feet lo o "~(' cul II set atop a brick column; 4.) North 40 degrees 33 minutes 19 seconds East, 82.25 feet 1o o .5/8 inch copped Iron rod set stamped := THENCE North 87 degrees 23 minutes 02 seconds East, 485.00 feel to the POINT OF BEGINNING and CONTAINING 7.040 acres o! land as surveyed on Iht ground In the monlh of June, 199.5. - EXHIBIT - -- - - ~ .... ~ -- - , k ,..,:., ~ I I II I I III I ~i, ~ III :':, ~J: lli l .i ;il :i ; ~ ~ : i ~ j E~IBIT EXHIBIT ' ' ......~'~ ":~ ...... ':- ,,~il ........ ~ ,~ - -- -I Ill ~i i: :~-'-.-~ ~.~.-,~ , ~:~.~-'= 'i~, - ....... ~" ?' ' 1 ~' : EXHIBIT ~ ~ _-; .~-~_.. .._~: - '-~-'~' -- "'~*'~' ~'"'"~'~ ~ ' ~'"' '(D~ ~s~s _ --- '