HomeMy WebLinkAboutOrdinance No. 909 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDr ANCE NO.
AS ORDI ASCE OF THE CITY OF THE COLONY AMENDn G frs
COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING
SPECIAL USE PERMIT NUMBER 55; PROVIDING FOR THE SALE
OF BEER, WINE FOR OFF-PREMISE CONSUMPTION UPON
PROPERTY CURRENTLY ZONED FOR THE (GR) GENERAL
RETAIL DISTRICT LOCATED At THE NORTHEAST
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 14th day of November, 1995, the
Planning and Zoning Commission did consider and make recommendations on a certain
request for Special Use Permit (Case No. 11-95SUP2); and
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 COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1.
That a Special Use Permit 55 is hereby established for a certain 1.143 acre tract
of land located at the northeast intersection of S.H. 121 and F.M. 423/Main Street,
situated in Lot 1, Block 1 of the Main Street-121 Addition and more specifically
described on the attached Exhibit "A", providing for the following use:
Sale of Beer and Wine for Off Premise Consumption
Section 2.
That development shall be in conformance with the Site Plan, attached hereto as
Exhibit "B".
Section 3.
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That development shall be in accordance with the following special conditions,
restrictions, and regulations:
1. Sale of beer and wine for off-premise consumption only.
2. If the business located at the northeast comer of the intersection of S.H.
121 and F.M. 423/Main Street is not operational by November 21,1996, a
request for an extension of this Specific Use Permit shall be required.
3. Painted or exposed smooth face CMU shall not be allowed as an exterior
facade.
4. Utilize parapet walls to screen all roof mounted equipment.
5. The exterior finishes as indicated on Exhibit "C', "Exterior Material List"
dated November 13, 1995 shall be utilized.
6. The landscape buffers along S.H. 121 and F.M. 423 shall consist of the
following:
a. One (1) minimum 2" caliper tree, planted singularly or in groups, at
a rate of one (1) tree for each thirty (30) linear feet of frontage, and
a combination of shrubs and benns with a minimum height of three
(3) feet, or
b. One (1) minimum 3" caliper tree, planted singularly or in groups, at
a rate of one (1) tree for each forty-five (45) linear feet of frontage,
and a combination of shrubs and berms with a minimum height of
three (3) feet.
7. The applicant shall submit a landscape plan for an informal review by staff
and the Planning and Zoning Commission prior to the issuance of a
building permit.
8. All four walls of the structure shall be treated with similar exterior facade
materials.
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
Ordinance No.
SUP for S&SfMobil Station Page 2 of 3
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 Coundl 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.
Section 8.
That this ordinance shall become effective on and after its adoption.
PASSED AND APPROVED this 20th day of November, 1995.
William W. Mafining,
ATFEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
City A o~m~ey
·
O~dinance No.
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EXHIBIT A
LEGAL DESCRIPTION
BEING: a portion of the Thomas C. Wilson Survey Abstract No. 1352, in the City
of the Colony in Denton County, Texas, and being a part of that certain
tract designated as tract VI to Centex Development Company, L.P.
recorded in volume 2375, Page 688, Real Records of Denton County,
Texas and more particularly described by metes and bounds as follows:
BEGINNING: at a 5/8 inch I-Iuitt-Zollars capped steel rod in the l:a~terly line of F.M.
Highway No. 423, deeded to the State of Texas by deed recorded in
Volume 1154, Page 579, Deed Records of Denton County, Texas. Said
rod being the most westerly comer of that certain tract deed to the State of
Texas by deed recorded in Volume 2972, Page 116, Real Records of
Denton County, Texas. From said rod a brass highway monument in
concrete bears South 28 degrees 31 minutes 53 seconds East, 31.48 feet
and a 5/8 inch Carter and Burgess capped steel rod bears East 0.56 feet.
TITF. NCE North 28 degrees 31 minutes 53 seconds West with the easterly line of
F.M. Highway No. 423, a distance of 186.63 feet to a 5/8 inch Huitt-
Zollars capped steel rod, from which a 5/8 inch Carter and Burgess capped
steel rod bears South 65 degrees East, 0.26 feet.
TI~.NCE North 61 degrees 28 minutes 07 seconds East, a distance of 200.00 feet to
a 5/8 inch Huitt-Zollars capped steel rod, from which a 5/8 inch Carter and
Burgess capped steel rod bears South 74 degrees East, 0.27 feet.
THENCE South 28 degrees 31 minutes 53 seconds East, a distance of 265.57 feet to
a 5/8 inch Huitt-Zollars capped steel rod in the Northerly right-of-way line
of State of Highway No. 121 which is the Northerly line of said State of
Texas tract (vol. 2792, Page 116). From said rod a 5/8 inch Carter and
Burgess capped steel rod bears North 77 degrees l:a~t, 0.20 feet.
THENCE South 61 degrees 20 minutes 23 seconds West, with the Northerly line of
the last mentioned State of Texas tract and the northerly right-of-way line
of State of Highway No. 121, a distance of 120.43 feet to a 5/8 inch Carter
and Burgess capped steel rod.
THlV~NCE North 73 degrees 39 minutes 37 seconds West with the Northerly line of
said State of Texas tract and said highway a distance of 112.28 feet to the
POINT OF BEGINNING and containing 50.000 square feet or 1.1478
Acres of Land.
Current
Zoning 11-95SUP2
EXHIBITC
HODGES & ASSOCIATES
architects planners
HIGHWAY 121 & FM 423
Project # 95152
Exterior Materials List
November 13, 1995
Block
A. Featherlite Split faced block "Limestone" (Field Block)
B. Featherlite Burnished Block 'q'errazzo" (Accent Block)
Brick
C. Acme Brick Blend #6477 Modular (Accent Bdck)
D. Elgin Butler Glazed face bdck #1055 Gloss Black (Accent 8" x 8")
Standinq Seam Metal
E. Berridge Standing Seam Metal Roof "Preweathered Galvalume"
END OF EXTERIOR MATERIALS LIST
scg g:~5152',exlmats-tst
13642 omega dallas, texas 75244-4514 (214) 387-1000 fax (214i 960-1129