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HomeMy WebLinkAboutOrdinance No. 99-1131· ORIGINAL CITY OF THE COLONY, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING ORDINANCE NO. 98-1047 BY GRANTING A ONE YEAR EXTENSION OF TIME FOR A SPECIFIC USE PERMIT PROVIDING FOR A BEVERAGE STORE FOR THE OFF PREMISE SALE OF LIQUOR, BEER AND WINE ON A TRACT OF LAND DESCRIBED AS LOT 4, BLOCK 1, OF THE PAIGE/121 ADDITION GENERALLY LOCATED WEST OF THE NORTHWEST CORNER OF PAIGE ROAD 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 1.853 acre tract of land and as 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 an extension of time under Section I0-903 of 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 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 extension of the Specific Use Permit for a period of one (1) year to allow the applicant time to complete construction of the building, 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. Extension of time. That the Specific Use Permit adopted by City Ordinance NO. 98-1047 is hereby granted an extension of time for an additional one (1) year to allow the applicant time to complete the construction of a building to accommodate the proposed beverage store for the off-premise sale of liquor, beer and wine. Section 3. Applicable regulations. In all respects the Land, and all development thereon, shall be subject to the standards, terms and conditions of the approved Site Plan, all applicable regulations contained in the Comprehensive Zoning Ordinance, and all other applicable and persistent ordinances and regulations of the City. Section 4. Purpose. The granting of an extension of time 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 5. 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 6. Penalty. 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 7. 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 8. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. PASSED AND APPROVED by the City Council of the City of The Colony, Texas this o~,M~ day of ~.O~I/.~T' ,1999· _~_ P~RO~ED: /r~ · ~.~, Mayor, City of The Colony Patti A. Hicks, TRMC, City Secretary Exhibit A LEGAL DESCRIPTION coMAx~VCYNG at the point of intersection of the northwesterYy right_of_way line of State Highway 12F, ~a ~r;~b/e ~fdth R.O.~) as described ~n ~olu~e 2792, Page TIG of the Deed Records of Oenton Count~ Fex~s, and the west l/ne of Pa/ge Ro~U ~00' R.O. ~, fro~ which ~ ~rass H~h~ay ~onu~ent found bears North 02~G'OO' E~st, t~T feet. tHENCE South ~5~2'~5' ~est, learn9 the west right-of-way line of s~fd P~e Roa~ conUnu~h9 alan9 the no~h~esterty right-of_w~y l/ne of x~ State HZghway ~2~, ~ dZst~nce of ~50.20 feet to ~ 5~8' iron rod caNNed 'C~er ~ ~urgess' found for co~e~ ~CE South ~1~0~= West, cont~huln9 alon9 ~e no~westeHy line of said Sta~e Highway 121, a distance of 51~87 feet to a 1/2' iron rod with ~tlow plastic cas stamped 'RLG= set for co~ at ~he POINF OF 8~NNIN~. ~ENC~ South gl~O~' West, conUnuln9 alon9 the no~hwest~y line of said Sta~e HZgh~ay 121, a distance of 1~.~5 feet t~ a ~rass HFghw~y Monum~t found for co~e~ ~CE South 5807'~5' West, conUnuln9 along the n~thwest~y line of said Sta~e Highway 121, a dlstance of l18. B3 feet to a 5/8= iron rod capped 'Carter ~ ~urgesx- found for co~ ~CE Nor~ 28'40'JU' West, a dlstance of 3lg. 8g feet to a 1/2' iron rod with y~low plasUc cap stamped 'RLG' set for co~ec ~ENCE North GlOOm3' East, a distance of 255.08 fees to a 1/2' iron rod with yello~ plasUc cas stamped =RLG' set for co~ ~ENCE South 28~7' East, a distance of 31000 feet ~o the POINT OF BE~NNIN~ and contaln~hg 8~$G square feet or ABSU acres of lan~ more or less.