HomeMy WebLinkAboutOrdinance No. 99-1127 ORI61NAL
CITY OF THE COLONY, TEXAS
oPWrN C 7
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 PERIVlIT #73 FOR A BEVERAGE STORE FOR THE
OFF PREMISE SALE OF LIQUOR, BEER AND WINE ON A TRACT
OF LAND DESCRIBED AS LOT l, BLOCK 1, OF THE CENTEX
ADDITION, GENERALLY LOCATED ON THE NORTHEAST
CORNER OF STANDRIDGE 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 2.50
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 2.50 acre tract of land and described as lot 1, Block
1 of the Centex Addition, a subdivision within the City, and generally located on
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the north east comer of SH 121 and Standridge 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 roron-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 9, 995 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 (I) year from the date of
this ordinance, a request for extension of this Specific Use Permit shall be required.
Section 4. Zonin~ 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. Applicable 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. Savines. 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. 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 9. Severabilitv. 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
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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.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas this
/~ t.~ day of ~"/.~/~ , 1999.
yor,City of The Colony
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APPENDIX "A"
BEGINNING AT A 5/8' IRON ROD WITH PLASTIC YELLOW CAP STAMPED 'CARTER ~/ BURGESS' FOUND AT THE SOUTHEAST
CORNE~ OF SAID STANDRIDGE ROAD. ALSO BEING THE NORTH RIGHT-OF-WAY LINE OF STATE HIGHWAY 121 AS DESCRIBED
IN 0RED TO THE STATE OF TEXAS RECORDED IN CC~ 96-R0075975 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY. TEXAS;
THENCE. NORTH 00 DEGREES 0.3 MINUTES 55 SECONOS EAST, ALONG THE EAST RIGHT-OF-WAY I.]NE OF SAID STANORIDCE
ROAD. A DISTANCE OF 141.92 FEET TO A 5/8' IRON ROD WITH PLASTIC YEllOW CAP STAMPED 'CARTER & BURGESS'
FOUND FOR CORNER;
THENCE OvER AND ACROSS SAID CENTEX DEvELOPMENT COMPANY TRACT, THE FOLLOWING COURSES:
SOUTH 89 DECREES 56 MINUTES 05 SECONDS EAST, A 01STANCE OF 495.59 FEET TO A 5/8' IRON ROD -WITH PLASTIC
YEllOW CAP STAMPED 'CARTER & BURGESS' FOUNO FOR CORNER;
SOUTH O0 DEGREES 05 MINUTES 55 SECONDS ~:ST, A DISTANCE OF 119.75 I~:ET TO a 5/8' IRON ROD WITH PLASTIC
YEllOW CAP STAMPED 'CARTER & BURGESS' FOUND FOR CORNER ~1 THE NORTH RIGHT-OF-WAY UNE OF STATE
HIGHWAY 121 AS DESCRIBED IN DEED TO THE STATE OF TEXAS RECORDED IN VOLUME 2792. PAGE 116, D.R.D.C.T.;
THENCE ALONG THE NORTH RIGHT-OF-WAY UNE OF SAID STATE HIGHWAY 121, THE FOLLOWING COURSES:
SOUTH 61 DEGREES 20 MINUTES 23 SECONDS WEST, A DISTANCE OF 221.64 FEET TO A 5/8" IRON ROD WITH PLASTIC
YELLOW CAP STAMPED 'CARTER & BURGESS' FOUND FOR CORNER:
SOUTH 65 OEOREES 54 MINUTES 45 SECONDS WEST, A DISTANCE OF 150.4~ FEET TO A 5/8' IRON ROD WITH PLASTIC
YEllOW CAP STAMPED 'CARTER & BURGESS' FOUND FOR CORNER;
NORTH 66 DEGREES 42 MINUTES 05 SECONDS WEST. A DISTANCE OF 145.67 FEET TO A 5/8' IRON ROD WITH PLASTIC
YELLOW CAP STAMPEJ~ 'CARTER & BURGESS" FOUND FOR CORNER;
NORTH 14 DEOREES 40 MINUTES 01 SECONDS WEST, A DISTANCE OF 93.20 FEET TO A 5/8' IRON RD0 WITH PLASTIC
YELLOW CAP STAMPED 'CARTER & BURGESS' FOUND FOR CORNER:
SOUTH 75 DECREES lg MINUTES 59 SECONDS WEST A DISTANCE OF 6.58 TO THE POINT OF BEGINNING AND CONTAINING
2.50 ACRES OF LAND.
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