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HomeMy WebLinkAboutOrdinance No. 2012-1960 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2012-1960 SPECIFIC USE PERMIT - SALE OF ALCOHOL FOR OFF-PREMISES CONSUMPTION FOR SPEC'S LIQUORS AND FINE FOODS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY GRANTING A CHANGE IN ZONING FROM BP, (BUSINESS PARK) TO BP-SUP (BUSINESS PARK-SPECIFIC USE PERMIT) APPROVING A SPECIFIC USE PERMIT ALLOWING THE SALE OF ALCOHOL FOR OFF-PREMISES CONSUMPTION FOR "SPEC'S LIQUORS AND FINE FOODS," GENERALLY LOCATED ON THE NORTHEAST CORNER OF THE SAM RAYBURN TOLLOWAY (S.H. 121) AND BLAIR OAKS DRIVE, 4901 SAM RAYBURN TOLLWAY AND BEING MORE PARTICULARLY DEPICTED IN EXHIBIT "A"; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances of the City of The Colony, Texas, have given any requisite notices by publication and otherwise, and have held due public hearings and afforded a full and fair hearing to all property owners generally and to all persons interested, and after determining that the location of Spec's Liquors and Fine Foods exceeds the required 1,000 foot spacing from any other beverage store, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Zoning Application No. SUP12-0003 to allow off-premises sale of alcoholic beverages at "Spec's Liquors and Fine Foods," located at 4901 Sam Rayburn Tollway, The Colony, Texas, 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 THE COLONY, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of The Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from BP, (Business Park) to BP-SUP (Business Park -Specific Use Permit) to allow the sale of alcoholic beverages for off-premises consumption at "Spec's Liquors and Fine Foods," located at 4901 Sam Rayburn being more particularly depicted in Exhibit "A" which is attached hereto and incorporated herein. SECTION 2. That the City Council of the City of The Colony, Texas, does hereby approve the Specific Use Permit, with the following conditions: I . That a minimum of 20% of the retail sales area be dedicated to products other than alcoholic beverages. These products may include, but are not limited to, party supplies, utensils and other food-related items used for preparation and/or consumption of food and/or drink. 2. That, as part of the 20% of the retail sales area dedicated to non-alcoholic products, a delicatessen counter be a permanent fixture of the retail establishment. SECTION 3. That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this the," day of J; I 1/ , 2012. E MCCOLI Y, MAYOR ATTEST: Christie Wilson, City Secretary APPROVED AS TO FORM: Jeff Moore,'City Attorney 2 EXHIBIT A LEGAL DESCRIPTION 2.414 ACRES (PROPOSED LOT 1 BLOCK A GATEWAY 121 COMMERCIAL SUBDIVISION) BEING A TRACT OF LAND LOCATED IN THE THOMAS WILSON SURVEY, ABSTRACT No. 1352 AND J.B. SHIPPS SURVEY, ABSTRACT No. 1227, BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO MEMORIAL 121 LAND LTD., RECORDED IN DOCUMENT No. 2011-111135 OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A CONCRETE MONUMENT WITH BRASS DISC STAMPED "TxDOT", FOUND FOR THE NORTHERLY END OF A CORNER CLIP AT THE INTERSECTION OF THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 121 (VARIABLE WIDTH RIGHT-OF-WAY), AS RECORDED IN VOLUME 2792, PAGE 80, DEED RECORDS, DENTON COUNTY, TEXAS (D.R.D.C.T.), AND THE EASTERLY RIGHT-OF-WAY LINE OF BLAIR OAKS ROAD (60' RIGHT-OF-WAY) AS RECORDED IN CABINET K, PAGE 278, PLAT RECORDS, DENTON COUNTY, TEXAS (P.R.D.C.T.); THENCE N 28°20'38" W, ALONG THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLAIR OAKS ROAD, A DISTANCE OF 219.47 FEET TO A POINT; THENCE N 61 °40'19" E, DEPARTING THE EASTERLY RIGHT-OF-WAY LINE OF SAID BLAIR OAKS ROAD, A DISTANCE OF 395.56 FEET TO A POINT; THENCE S 28°19'41" E, 269.16 FEET TO A POINT BEING IN THE NORTH RIGHT-OF- WAY LINE OF SAID STATE HIGHWAY 121; THENCE S 61 °42'59" W, ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY 121, A DISTANCE OF 345.00 FEET TO A 1/2" IRON ROD FOUND WITH PLASTIC CAP STAMPED "WAI", SAID IRON ROD BEING THE SOUTHERLY END OF AFOREMENTIONED CORNER CLIP AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 121 AND THE EASTERLY RIGHT-OF- WAY LINE OF BLAIR OAKS ROAD; THENCE N 73°56'30" W, ALONG SAID CORNER CLIP, A DISTANCE OF 70.66 FEET TO THE PLACE OF BEGINNING AND CONTAINING 2.414 ACRES (105,153 SQUARE FEET) OF LAND.