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HomeMy WebLinkAboutOrdinance No. 98-1047 ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. 98-1047 AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING SPECIFIC USE PERMIT NUMBER 71 PROVIDING FOR A BEVERAGE STORE UPON PROPERTY CURRENTLY ZONED FOR THE (BP) BUSINESS PARK DISTRICT LOCATED WEST OF THE NORTHWEST INTERSECTION OF STATE HIGHWAY 121 AND PAIGE ROAD; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, at its regular meeting held on the 13t~ day of May, 1997, the Planning and Zoning Commission did consider and make recommendations on a certain request for a Special Use Permit (Case No. 04-97SUP2). WHEREAS, the City Council, at, er determining all legal requirements of notice and hearing have been met, has further determined the following amendment to the zoning laws would provide for and would be in the best interest of the health, safety, morals, and general welfare. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That Special Use Permit 71 is hereby established for a certain 1.853 acre tract of land located at the northwest intersection of S.H. 121 and Paige Road, situated in Lot 4, Block 1 of the Paige/121 Addition and more specifically described on attached Exhibit A, providing for the following use: Beverage Store Section 2. That development shall be in conformance with the Site Plan, Landscape Plan and Elevation Drawings attached hereto as Exhibit B. Section 3. That development shall be in accordance with the following special conditions, restrictions, and regulations: 1. Sale of beer, wine, and/or liquor for off-premise consumption only. 2. All roof-mounted equipment shall be screened on all four sides of the structure. 3. All landscaped areas shall be irrigated with a fully automated underground irrigation system. 4. The minimum front yard setback shall be fifty (50) feet. 5. The minimum side yard setback shall be six (6) feet. 6. The exterior finish on all four walls of the structure shall be of masonry materials and will constitute a minimum of one hundred (100) percent of each exterior wall area excluding doors, windows and window walls. All buildings within any given tract shall be of harmonious design, utilizing compatible styles, materials, color and lighting. 7. The landscape area on the West Side to the structure shall be planted at a rate of one (1) two (2) inch caliper "Aristocrat" Bradford pear tree for every forty (40) linear feet of the structure. Section 4. That the Official Zoning Map is hereby amended to reflect the action taken herein. Section 5. Penalty Clause That any person, firm or corporation violating a provision of this ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in a sum not to exceed Two Thousand dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. NEED PAGE 2 WITH STIPULATIONS Section 6. Severability Clause That the provisions of this ordinance, if held invalid or unconstitutional by a Court of competent jurisdiction, shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. Savings Clause That Ordinance Number 61, otherwise known as the Comprehensive Zoning Ordinance, as amended, shall remain in full force and effect. That Ordinance No. 357, as amended shall remain in full force and effect, save and except as amended by this ordinance. Section 8. That this ordinance shall become and be effective on and after its adoption. PASSED AND APPROVED this 6th day of July , 1998. ATTEST: / Patti A. Hicks, TRMC, City Secretary [SEAL) APPROVED AS TO FORM: ~ey Exhibit A LEGAL DESCRIPTION cO/WM~IVCING at the point of intersection of the northwesterly right-of-way line of State Highway 127, (a variable width R.O.~.) as described in Volume 2?92, Page ITG of the Deed Records of Denton County, Texas, and the west line of Pai9e Road ilO0' R.O.~), from which a Highway Monument found bears North 027G'00' East, 1.61 feet. THENCE South 15~2'15' West, learn9 the west right-of-way line of said Pai9e Roa~ conUnuin9 alan9 the northwestedy right-of-way line of said State Highway ~2~, a distance of ~50.20 to a 5/8= ir~ rod capped 'Ca, er ~ ~urgess' found for co~e~' ~ENCE South G$~O~3' West, conUnuin9 alan9 the northwest~/y line of said State Highway ~2~, a distance of 5~87 feet to a ~/2' iron rod with ~llow plastic cap stamped set for comer at ~he POINT OF ~ENCE South ~0~' ~est, conUnuin9 alan9 the northwesterly line of said State Highway ~2~, a distance of ~.~5 feet to a Brass Highway Monument found for comec ~ENCE South 58~7'45' ~es~ conUnuin9 alan9 the n~th~t~y line of said State ~2~, a d/stance of H~83 feet to a 5/8' iron rod capped 'Carter ~ Burgess' found for com~. ~ENCE North 28'60'35' ~est, a distance of $$G. GG feet to a ~/2' iron r~ with ~/ow p/asUc cap stamped 'RkG' set for co~e~ ~ENCE North Gf ~0~= East, a distance of 259.08 feet to a ~/2' iron rod with ~/Iow p/asUc cap stamped 'RkG' set for com~ ~ENCE South 28~'~7' East, a distance of ~000 fee~ ~o the POIN~ OF EE~NN/N~ and containing 8~EgG square feet or L85~ acres of/on~ more or less.