HomeMy WebLinkAboutOrdinance No. 98-1046 crrv co o ,
AN ORDINANCE OF THE CITY OF THE COLONY AMENDING THE
COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING
SPECIFIC USE PERMIT NUMBER 70 PROVIDING FOR A BEVERAGE
STORE UPON PROPERTY CURRENTLY ZONED FOR THE (BP)
BUSINESS PARK DISTRICT LOCATED AT THE NORTHWEST
INTERSECTION OF STATE HIGHWAY 121 AND F.M. 423 (MAIN
STREET); AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING
FOR A PENALTY, SAVINGS, SEVERABILITY, AND AN EFFECTIVE
DATE.
WHEREAS, at its regular meeting held on the 19ta day of December 1996, the Planning and Zoning
Commission did consider and make recommendations on a certain request for a Special Use Permit
(Case No. 11-96SUP3).
WHEREAS, the City Council, after 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 70 is hereby established for a certain 5,700 square foot lease space
located at the northweast intersection of S.H. 121 and F.M. 423 (Main Street), situated in Lot 1,
Block 1 of the Office Creek 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.
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.
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 effectj.v,e on and after R-s~doption. PASSED AND APPROVED this /,~
Mary BIair W~ts, Mayor
ATTEST:
Patt~ ~?Hicks, TRMC, City Secre~ar~
~PR~D AS TO FOra:
~rney
Exhibit A
BEING A 1.207 ACRE TRACT 0F LAN[3 SITUATEO :N THE H. HECGEEOX SURYE¥,ABSTRACT NO. 533,
OENTON CDUNTY, TEX~S ~N~ ~[NG A PORTI0N OF ~ TRACT 0F L~NO HEREAFTER REFERRED TO AS TH~
'CENTEx TRACT' S~10 CO~oRISEO OF 122.55~ ACRE TRACT
CENIEX DEVELOPMENT CC~PANY, L.P., AS RECOROE0 IN VOLUME 2375, PAGE G88, 0F THE REAL PROPERTY
RECOROS 0F 0ENTON [0UNTV, TEX~S :N0 PORT]0N 0F THAT CERTAIN 5.222 ACRE TRACT 0ESCRiBE0
~}U~TCL~H 70 CENTEx OEVE~0PHENT COMPANY, L.P.,AS REEOROE0 IN VOLUME 2792, PAGE I12,0F THE
REAL PROPERTY RECOROS DF DENTON COUNTY, TEX~S, S~iD ~.207 4CRC [PACT BEING NORE P~RT~CULARLY
DESCRIBED BY ~ETES AMC BOUNOS 4S FOLLOWS:
BEC!NN]NG AT 4 5/8' ]RON PO0 CAPPE0 'CARTER & BURGESS' SET, FROM WHICH A T.0.0.T. HONUHENT
FOUN0 BEARS S 09'59'13' w, ~ 0]STANCE 0F 0.89, S~[0 [RON 8E;NG THE NORTHERLY POINT 0F A CLIm-B~CK
CORNER 4~ THE ~NTERSEC~'.0N 0F THE WEST RIGHT-0F-WAy LINE 0F FARH T0 HARKET'HIGHWAY N0.
423 WiTH THE NORTH RIGNT-0F-WAy LINE 0F STATE HIGHWAY
THENCE S ~6'20'08' W, 4LONG S~0 EL[P-B~CK CORNER, A 0IST~N~E 0F ~06.27 FEET T0 A 5/8' IRON R00
CAPPE0 'C~RTER & BURGESS' SET;
THENCE S ~!'20'1B' W, ALONG SA]0 NORTH RIGHT-OF-WAY, 4 01STANCE 0F ~98.19 FEET T0 ~ 5/8' ]RON RO0
CAPPED 'CARTER & BURGESS'SET;
T~ENC~ OVER ~N0 4CROSS S4~0 CENTEX ~RACT, THE FOLLOW~NG CALLS:
N 28'33'~2' w, A 0[STANCE 0F 2C2.85 FEET T0 A 5/8' IRON R00 CAPPED 'CARTER & BURGESS' SET:
N 6i'20'i8' E, 4 0]STANCE 0F 273.~9 FEET T0 ~ 5/8' IRON R00 CAPPE0 'C~RTER & BURGESS' SET
;N THE WEST RIGHT-0F-W'AY LINE 0F SA]0 FARM T0 MARKET H]0WAY N0. 423
THENCE 5 28'33'12' E, WITH SA[0 'WEST RiGHT-OF-WAY L~NE, A 0:STANCE 0F ~27.69 FEET T0 T~E
P~[NT 0F BEG:NNING, AN0 CONT~IN!NO L207 ~CRES 0F LAN0, MORE 0R LESS.
TOTAL P. 05