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HomeMy WebLinkAboutOrdinance No. 97-987PLANNING DEPARTMENT SPECIFIC USE PERMIT NO. 66 City of The Colony DEVELOPMENT NAME: Centennial Center II oRDINANCE N ER AN OKDINANCE OF THE CITY OF THE COLONY AN[ENDING ITS COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING SPECIFIC USE PERMIT NUMBER 66; PROVIDING FOR THE SALE OF BEER AND WINE FOR OFF-PREMISE CONSUMPTION UPON PROPERTY CURRENTLY ZONED PLANNED DEVELOPMENT 9 FOR THE (BP) BUSINESS PARK DISTRICT LOCATED AT THE NORTHEAST INTERSECTION OF STATE HIGHWAY 121 AND PAIGE ROAD; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY, AND AN EFFECTIVE DATE. WHEREAS, at its regular meeting held on the 26th day of November, 1996, the Planning and Zoning Commission did consider and make recommendations on a certain request for a Specific Use Permit (Case No. 10-96SUP2). 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 Specific Use Permit 66 is hereby established for a certain 3,500 square foot lease space located at the northeast intersection of S.H. 121 and Paige Road, situated in Lot 1, Block 1 of the Centennial Center Addition and more specifically described on 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, Landscape Plan and Elevation Drawings attached hereto as Exhibits B. 01.95,0g/sup.ord./1096 SUP2 Page I Section 3. 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 Paige Road is not operational by June 23, 1998, a request for an extension of this Specific Use Permit shall be required. 3. Provide a minimum drive aisle width of twenty-four (24) feet between the pump canopy and the parallel parking spaces located on the west and south side of the site. 4. All roof mounted equipment shall be screened on all four sides of the structures. 5. The minimum driveway approach curb radius shall be thirty (30) feet. 6. The exterior finish on all four walls of the structure shall be of masonry materials and will constitute a minimum of one hundred (100) percent of each exterior wall area excluding doors, windows and window walls. All buildings within any given tract shall be of harmonious design, utilizing compatible styles, materials, color and lighting. 7. No certificate of occupancy shall be issued for the site until a median opening on Paige Road and its mutual access drive is constructed. Section 4. That the Official Zoning Map is hereby amended to reflect the action taken herein. Section 5. Penalty Clause That any person, fu-m 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 01.95.0g/sup.ord./1096 SUP2 Page 2 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. 862, 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 effective on ~t~er its adoption. PASSED AND APPROVED this the .,d2,~-~day ofk.r~~_ ,1997. Mary l[~lair ~atts (~ Mayor Patti A. Hicks, TRMC City Secretary APPROVED AS TO FORM: APPROVED AS TO CONTENT: Samuel D. Chavez City Planner 01.95.0g/sup.ord./1096SUP2 Page 3 Exh. bit A. LEGAL DESCRIPTION BEING a 1.7422 acre (75892 square feet) tract of land situated in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, Denton County, Texas and being a part of that certain tract of land described in deed to International Business Machines Cocporation as recorded in Volume 979 Page 458. Volume 979 Page ~63, Volume 979 Page 473, Volume 1009 Page 339 of the Bead Records of Denton County, Texas, and being more particularly described as follows: BEGINNING at a 5/8' iron rod copped "Carter & Burgess' found fo~ a co~er clip at the intersection of the north right-of-way llne of Stats Highway 121 (variable width Right-of-Way) with the east right-of-way line of Paige Rood (100 foot ROW); THENCE N 64 degrees 38 minutes 36 seconds W, with the east line of said Poige Ro~d, a distance of 78.86 feet to an iron rod found for the beginning of a non-tangent cur~ to the fight ha~dng a delta angle of 10 degrees 30 minutes 42 seconds, a radius of 666.20 feet, a chord bearing distance of N 05 degrees 15 minutes 23 seconds W. 122.05 feet, and <3 tangent bearing of N 10 degrees 30 minutes 44 seconds W; THENCE along said cur,~ to the right with the east llne of said Paige Ro~3d on arc distance of 122.22 feet, to an iron rod found; THENCE N 00 degrees O0 minutes 02 W, with the east line of said Paige Road a distance of 172.00 feet to an iron rod set; THENCE N 89 degrees 59 minutes 58 seconds E, a distance of 207.56 feet to on iron rod set; THENCE S 28 degrees 40 minutes 20 seconds Er a-distance of 231.78 feet to on iron rod on the north right-of-way line of said State Highwo~t 121; THENCE with the north right-of-way line of State Highway 121, S 65 degrees 10 minutes 59 seconds W, o distance of 68.90 feet to an iron rod set; THENCE continuing along the north right-of-way line of State Highway 17.1, S 61 degrees 19 minutes 40 seconds W, a distance of 198.08 feet to the POINT atr BEGINNING and containing 1. 7422 acres of fond (75892 square feet) more or less. 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