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HomeMy WebLinkAboutOrdinance No. 99-1135 ORII31NAL CITY OF THE COLONY, TEXAS ORO ANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY, THE SAME BEING APPENDIX A- ZONING OF THE CITY'S CODE OF ORDINANCES AS AMENDED, BY GRANTING SPECIFIC USE PERMIT #74 FOR A BEVERAGE STORE FOR THE OFF PREMISE SALE OF LIQUOR, BEER AND WINE ON A TRACT OF LAND DESCRIBED AS LOT 1, BLOCK A, OF THE UNIVERSAL METRO HOLDINGS, INC./121 ADDITION, GENERALLY LOCATED ON THE NORTHWEST CORNER OF MORNING STAR DRIVE AND SH 121; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the tract of land (the "Land"), generally described as a 1.58 acre tract of land, more particularly described in Exhibit "A" attached hereto and incorporated herein, filed an application with the City of The Colony, Texas (the "City") Planning and Zoning Commission requesting a change in zoning of the land and an amendment to the official zoning map of the City in accordance with the Comprehensive Zoning Ordinance of the City, the same being Appendix A-Zoning of the City's Code of Ordinances as amended; and WHEREAS, after public notices were given in compliance with State law and public hearings were conducted, and after considering the information submitted at the said public hearings and all other relevant information and materials, the Planning and Zoning Commission of the City has recommended to the City Council the granting of the Specific Use Permit; and WHEREAS, after due deliberations and consideration of the recommendation of the Planning and Zoning Commission, the City Council has in its legislative discretion concluded that the adoption of this Ordinance is in the best interests of the City of The Colony, Texas, and of the public health, safety and welfare. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. Incorporation of premises. The above and foregoing premises are true and correct and are incorporated herein and made a part hereof for all purposes. Section 2. Rezoning. The Comprehensive Zoning Ordinance of the City, Ordinance No.61 dated June 4, 1979, the same being Appendix A- zoning of the Code of Ordinances of the City, is hereby amended and changed as follows: A. The zoning of the land, being a 1.58 acre tract of land and described as lot 1, Block A, of the Universal Metro Holdings, Inc./121 Addition, a subdivision within the City, and generally located on the north west corner of SH 121 and Morning Star Drive and described in Exhibit "A" attached hereto and incorporated herein, which land is zoned Business Park "BP" zoning district classification, is hereby amended and changed by granting a Specific Use Permit for a beverage store for the sale of liquor, beer and wine for off-premises consumption only. Section 3. Conditions. The approval of the Specific Use Permit granted herein shall be and is subject to the following conditions. 1. Liquor, beer and wine shall be sold for off-premise consumption only. 2. The sale of liquor, beer and wine on the property herein described and under this Specific Use Permit shall be limited to the confines of the interior of the structure having a floor area not to exceed 3,018 square feet as shown on a site plan attached hereto and incorporated herein as Appendix "B". 3. If the proposed beverage store is not in operation in one (1) year from the date of this ordinance, a request for extension of this Specific Use Permit shall be required. Section 4. Zoning map. The Director of Planning and Development is hereby directed to mark and indicate on the official zoning district map of the City to reflect the zoning change herein made. Section 5. Avr~licable regulations. In all respects the Land, and all development thereon, shall be subject to the standards, terms and conditions of the Site Plan, all applicable regulations contained in the Comprehensive Zoning Ordinance, and all other applicable and persistent ordinances and regulations of the City. Section 6. Purpose. The granting of the Specific Use Permit has been made in accordance with the Comprehensive Plan of the City for the purpose of promoting the health, safety and welfare of the community, and with consideration of the reasonable suitability for the particular use and with a view of conserving the value of the buildings and encouraging the most appropriate use of land within the community. Section 7. Savings. This Ordinance shall be cumulative of all other ordinances of the City affecting the regulation of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 8. Penal _ty. It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. Section 9. Severability. The sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance, and the City Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 10. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. /_~dPASSED :~ND APPROVED by the City Council of the City of The Colony, Texas this ay of /-/. gt~' u._~'- , 1999. ATTF_.,~: ,. yor, City of ~*he Colony Patti A. Hicks, TRMC, City Secretary APPENDIX "A" WHEREAS, PAIGEflI21 PARTNERSHIP.!!' LTD is ~h0~ owner of a tract of land in the B.B.B. & C.R.R. COMPANY SURVEY, A'BSTR'~CT . 174, City of The Colony, Denton County. Texas, described as follo'~s: All that certain lot, tract orparcel of land situated in the B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT NO. 174, City of The Colony, Denton County, Texas, and being a part a 781.450 acres traC['.?of land as described in a Spe,cial Warranty deed to Paille/121 Partnership,:Lt.i~: as recorded tn County Clerk s File No. 9~-R006803f, of the Deed RecordS}~of Denton CoUnty, Texas and bein more particularly described as folloW~i~? ' BEGINNING at a 1/2" iron rod with yellow plastic cap ~tamped "R.S.C.I. RPLS 6034" set for corner at the west corner"of a right-of-way clip in the Northwest line of State Highway 121 ( a variable width R.O.W. ) at the intersection of the Southwest line of ~orning Star B~ul.ward ( a 120 foot R.0.W.) and said Northwest line of State Highway lZl. in [he.~Sou. theast line of said 781.450 acres tract: HENCE.S. 81 deg. 20 min. 10 ,ec}}~W:,.with the Northwest line of State Highway lZl, a distance of 302.50 feet t6:'a'.l/2' iron rod with yellow plastic cap stamped "R.S.C.]. RPLS 5034" set for cor~e~'~:..' THENCE N. 28 de~. 3~'min. 50 s~6'~:W.'a-distance of 200.00 feet to a I/2" iron rod with yellow plastic cap stamp'e~?~:R:S.C.I.R.PLS *034, set for corner: . :: ..: ';:, THENCE N. ~1 deg.. ~0"min. 10 ~e'e~:E.-p~r~llel. Lq ~he Northwest line of ri~ht-of-~y~ a.di~tance of BS~.~.:fe~t ~o ~ 1/2 iron rod with yellow ~ap ~tamped ~.~.C.L' RPL~ 6084::;::~t for corner in the ~outh~est right-of-way line of ~i'd ~ornin~ S~r BouleV'~:d;': .'.. ~ ' T ':' ': ' : :%~'~'' .% ' ' HENCE in ~ ~o~th~sterty direction :~long a ~urve to the left ~avin~ a ~e~tr~l' angle of 04 deg. 18 min. S1 sec.i,:~:?rad~.s of 1466.00 feet, a chord of ~ 26 deg. 30 min. 58 sec. E. 109.39 feet, .~i~ Id 'righE-of-wa7 Iine,'an arc distance of 109.41 feet to ~ 1/2%'[ron r0d':~i,h;yeIlow plastic cap stamped 'R.S.C.]. 5034" set for ·-. .t: ~:':...-: ' · . .~ ..~~'- :,. . : . . - ...~..,~f : ..... · . . ' . ...? . . . · 2 _ · ' .' of 45.69 feet to e 5034" set for' ' THENCE S. 16 deg.. 1~ min. 47 me~jC, W. along said flare in right-of-way, a distance of 63.63 feet to the POINT 0F BEGINNIN.G a'nd containing 68 633.8 square feet 1.58 acres of land. ~ '5 '