HomeMy WebLinkAboutOrdinance No. 333 THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
ORDINANCE NO. 61, AS AMENDED, PASSED AND APPROVED
ON JUNE 4, 1979, THE SAME BEING APPENDIX A OF THE CODE
OF ORDINANCES OF THE CITY OF THE COLONY, TEXAS, BY
GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR THE
SALE OF BEER ONLY FOR OFF-PREMISE CONSUMPTION ONLY
IN THE SC, SHOPPING CENTER DISTRICT AND LOCATED
WITHIN THE STRUCTURE LOCATED AT 5010 FARM TO
MARKET ROAD 423; PROVIDING FOR CERTAIN CONDITIONS OF
APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN
ATTACHED HERETO; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE
COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVER-
ABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEMAND THE ZONING
CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A
PENALTY OF NOT LESS THAN ONE DOLLAR NOR MORE THAN
ONE THOUSAND DOLLARS FOR EACH OFFENSE AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON
EACH DAY DURING OR ON WHICH A VIOLATION OCCURS;
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, a change in the classification of a zoning district has been
requested by a person or corporation having a proprietary interest in the
property described in Exhibit "A"; and
WHEREAS, the requested change was submitted to the Planning and
Zoning Commission of the City of The Colony, Texas, (the "City"} for its
recommendation and report; and
WHEREAS, the Planning and Zoning Commission of the City of The
Colony, and the City Council of the City of The Colony, in compliance with the
laws of the State of Texas, and with the provisions of the Comprehensive Zoning
Ordinance of the City of The Colony, have given the requisite notices by
publication and otherwise and haYe hel~] due hearings and afforded a full and fair
hearing to all property owners generally and to the persons interested and
situated in the affected area and in the vicinity thereof; and
WHEREAS, the City Counci! finds and determines that the property is in
an already established subdivision; and
WHEREAS, the City Council finds and ~determines that the granting of
such change in the classification of the zoning district is in the best interest of
the public health, safety, morals and geheral welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the Comprehensive Zoning Ordinance of the City of
The Colony, Texas, Ordinance No. 61, as amended, passed and approved on June
4, 1979, the same being Appendix A of the Code of Ordinances of the City of
The Colony, Texas, (the "Comprehensive Zoning Ordinance"}, be and the same is
hereby amended and changed in that the allowed use of the property described
in Exhibit "A" be changed by granting and approving a Specific Use Permit lbr
the sale of beer only for off-premise consumption only in the SC, Shopping
Center District and located within the structure located at 5010
Farm to Market Road 423.
Section 2. The approval of this Specific Use Permit shall be and is
hereby conditioned upon the following conditions:
A. Beer only may be sold for off-premise consumption only under this
Specific Use Permit.
B. The sale of beer on the property described in Exhibit "A" and under
this Specific Use Permit shall be limited to the confines of the
interior of the structure, having dimensions of 55 square feet by 47
square feet for a total of 2585 square feet, depicted as the 7-
Eleven Store on the site plan attached hereto as Exhibit "B" and
incorporated herein by this reference.
Section 3. The approval of this Specific Use Permit shall be and is
hereby further conditioned upon full and complete compliance with the
development plans submitted by the applicant and with the site plan, attached
hereto as Exhibit "B", indicating an architect's elevations of the front and sides
of the structure, all parking, landscaped areas, sign locations, ingress and egress,
an exact description of the signing proposed at the site, a narrative description
of the planned activities in the establishment, including the projected breakdown
of revenues between food sales and beer sales, and an interior layout of the
structure showing proposed wails, storage of beer, and areas to be used for
activities other than the storage of beer.
Section 4. That the herein described property shall be used only in the
manner and for the purpose provided by the Comprehensive Zoning Ordinance as
amended herein by the granting of this Specific Use Permit for the sale of beer
only for off-premise consumption only subject to the conditions stated herein.
Section 5. That in all other respects the use of the tract or tracts of
land herein above described shall be subject to all the applicable regulations
contained in said Comprehensive Zoning Ordinance of the City and all other
applicable and pertinent ordinances of the City.
Section 6. That the City Manager of the City is hereby directed to
correct the official zoning maps of the City to reflect the change in zoning
granted herein.
Section 7. That the zoning regulations and districts as herein estab-
lished have been made in accordance with the comprehensive plan for the
purpose of promoting the health, safety, morals and the general welfare of the
community. They have been designed, with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future, to
lessen congestion in the streets; to secure safety from fire, panic, flood and
other dangers; to provide adequate light and air; to prevent over-crowding of
land, to avoid undue concentration of population; to facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks
and other public requirements, and to make adequate provisions for the normal
business, commercial needs and development of the community. They have been
made with reasonable consideration, among other things of the character of the
district, and its peculiar suitability for the particular uses and with a view of
conserving the value of buildings and eocouraging the most
appropriate use of land throughout the community.
Section 8. This ordinance shall be cumulative of all other ordinances of
the City affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances which
are in direct conflict with the provisions of this ordinance.
Section 9. That the terms and provisions of this ordinance shall be
deemed to be severable and that if the validity of the zoning affecting any
portion of the tract or tracts of land described herein shall be declared to be
invalid, the same shall not affect the validity of the zoning of the balance of
the tract or tracts of land described herein.
Section 10. Any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not less than One Dollar ($1.00) nor more than One Thousand
Dollars ($1,000.00) and a separate offense shall be deemed committed upon each
day during or on which a violation occurs or continues.
Section 11. The fact that the present zoning ordinances and regulations
of the City are inadequate to properly safeguard the health, safety, morals,
-2-
peace and general welfare of the inhabitants of the City creates an emergency
for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shah
become effective from and after the date of its final passage and publication as
provided by law, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
THE COLONY, TEXAS, this the I~-day of ~ , 1985.
~:/!~l~y~/City oi~ The Colony, Texas
ATTEST:
City ~retary
[SEAL]
APPROVED AS TO FORM:
EXHIBIT "A"
A 0.867 acre tract of land situated in the B.B.B. & C.R.R. Survey, Abstract No.
173, Denton County, Texas, said tract being situated in the City of The Colony,
Texas and being more particularly described as follows;
BEGINNING at the point of intersection of the north line of South Colony
Boulevard, ~ 100 foot right-of-way, with the east line of Farm Road No. 423,
a 90 foot right-of-way;
THENCE along the east line of Farm Road No. 423 North 00o 08' 46" East a
distance of 180.00 feet to a point for corner;
THENCE North 89° 59' 42" East at 10.00 feet passing a 1/2 inch iron rod found
for corner on the east line of a 10 foot right-of-way dedication for Farm Road
No. 423, in all a distance of 209.53 feet to a 1/2 inch iron rod found for corner;
THENCE South 00° 00' 18" East a distance of 180.00 feet to a 1/2 inch iron rod
found for corner in the north line of South Colony Boulevard;
THENCE South 89° 59' 42" West with said north line at 200.00 feet passing a
1/2 inch iron rod found for corner in the east line of the aforesaid right-of-way
dedication, in all a distance of 210.00 feet to the Point of Beginning;
CONTAINING 37,758 square feet or 0.887 acres of land, of which 1800 square
feet, or 0.041 acres, lie within said 10 foot dedication for Farm Road No. 423,
leaving a net area of 35,958 square feet, or 0.825 acres of land.
EXHIBIT "B" ]~