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HomeMy WebLinkAboutOrdinance No. 458 CITY OF THE COLONY, TEXA~ 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 AND WINE ONLY FOR OFF-PREMISE CON- SUMPTION ONLY IN THE GR, GENERAL RETAIL DISTRICT AND LOCATED WITHIN~THE STRUCTURE LOCATED AT 5100 PAIGE ROAD, CITY OF THE COLONY; PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN ATTACHED HERETO; CORRECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING A SEVERABILITY 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 ($1.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00) 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 have held 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 Council 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 general 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 for the sale of beer and wine only for off-premises consumption only in the GR, General Retail District and located within the structure located at 5100 Paige Road, City of The Colony, Texas. Section 2. The approval of this Specific Use Permit shall be and is hereby conditioned upon the following conditions: A. Beer and wine only may be sold for off-premise consumption only under this Specific Use Permit. B. The sale of beer and wine 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 as stated on the attached Exhibit "B," which Exhibit is incorporated herein for all purposes, and containing an area of 23,890 square feet, and depicted on the site plan attached hereto as Exhibit "C" and incorporated herein by this reference. C. The location, size, and exact description of all signs proposed to be constructed, installed or placed on the property described in Exhibit "A" shall be approved by the City prior to any such construction, installation or placement. Section 3. Construction of the main structure as indicated on the site plan attached hereto as Exhibit "C" shall commence within two (2) years of the date of this ordinance, and shall be deemed commenced upon the issuance of a building permit by the City. Upon the failure of a building permit to be issued for construction of the main structure within the time period prescribed, the owner of the property described in Exhibit "A" shall submit a new site plan to the City and secure approval of the same prior to the issuance of a building permit, and the site plan attached hereto as Exhibit "C" shall be null and void. Section 4. 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 "C", indicating an architect's elevations of the front and sides of the structure, all parking, landscaped areas, sign locations, ingress and egress, a narrative description of the planned activities in the establishment, including the projected breakdown of revenues between food sales and beer and wine sales, and an interior layout of the structure showing proposed walls, storage of beer and wine, and areas to be used for activities other than the storage of beer and wine. Section 5. 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 and wine only for off-premise consumption only subject to the conditions stated herein. Section 6. That in all other respects, the use of the tract or tracts of land herein-described shall be subject to all the applicable regalations contained in said Comprehensive Zoning Ordinance of the City and all other applicable and pertinent ordinances of the City. Section 7. 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 8. 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 suitablity for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 9. 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 10. 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 11. 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 12. The fact that the present zoning ordinances and regulations of the City are inadequate to properly safeguard the health, safety, morals, 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 genera! welfare of the public which requires that this ordinance shall 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 Counci! of the City of The Co!ony, Texas this ?~'~day of~, 1986. Mayor, Clfy of The~'(~o~Iony, Texgs ATTEST: City Secrefary [SEAL] APPROVED AS TO FORM: City Attorney Being a tract of land situated in the BoBoB. & C.R.R. Company Survey, Abstract No. 194, Denton County, Texas, said tract being lots 9 and 10, Block 66 of The Colony Bank Addition, an Addition to the City of The Colony, Texas, as recorded in Volume C, Page 282, of the Map and Plat Record, of Denton County, Texas. EXHIBIT "A" SIT[ ~ENE LAND I LEGEI PARK