HomeMy WebLinkAboutOrdinance No. 97-974 ORIBINAL
PLANNING DEPARTMENT SPECIAL USE PERMIT NO. 63
City ofT_he Colony DEVELOPMENT NAME: Lone Star Car Wash
ORDnAnCE NtrM ER O'7-
AN ORDINANCE OF THE CITY OF THE COLONY AMENDING ITS
COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING SPECIAL
USE PERMIT NUMBER 63; PROVIDING A FOR FULL SERVICE CAR WASH
AND AUTO LUBE CENTER UPON PROPERTY CURRENTLY ZONED
PLANNED DEVELOPMENT 14 FOR THE (GR)GENERAL RETAZL DISTRICT
LOCATED SOUTH OF RIDGEPOINT DRIVE, ON THE WEST SDE OF 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 8th day of April, 1997, the Planning and Zoning
Commission did consider and make recommendations on a certain request for a Special Use Permit
(Case No. 04-97SUP1).
WHEREAS, the City Council, after determining all legal requirements of'notice and hearing have
been met, has further des~tmined 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 l.
That Special Use Permit 63 is hereby established for a certain 4.57 acre tract of land located south
of Ridgepoint Drive, on the west side ofF. M. 423/Main Street, situated in the T. Wilson Survey,
Abstract No. 1352, Denton County, Texas, and more specifically described on the attached Exhibit
A, providing for the following uses:
Full Servie Car Wash and Auto Lube Center
Section 2.
That development shall be in conformance with the Site Plan, attached hereto as Exhibit B.
01.95.0g/sup.ord./0497SUP 1 Page 1
Section 3.
That development shall be in accordance with the following special conditions, restrictions, and
regulations:
1. A 18' x 5' landscaped median shall be provided on the east side of the structure to
separate the car wash and lube center stacking areas, and
2. Extend the sidewalk to the south end of the property.
3. The maximum height of the structure shall be limited one (stor~).
In lieu of the required screening wall, the following landscaping elements shall be required
a. Photinia shrubs, thirty-six (36) inch tall at the time of planting, spaced no greater
than forty-eight (48) inches on center and one (1), two (2) inch caliper shade tree,
planted at a rate of one (1) tree for each forty (40) linear feet of required landscape
screen.
5. The requuired landscape screen shall be extended along the north property line of Lot 2.
6. All landscaped areas shall be irrigated by fully automated underground irrigation systems.
7. All roof-top mounted equipment shall be screened from view on all four sides of the
structure.
8. The stacking lane for north bound traffic on F.M. 423 shall be lengthen to a minimum of
one hundred and twenty-five (125) feet.
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.
01.95.0g/sup. ord./O497SUP 1 Page 2
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
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. , 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 and after its adoption.
PASSED AND APPROVED this the 5th day of May, 1997.
CITY OF THE COLONY
Mary ~air W~ts'
Mayor
ATTEST:
Patti A. Hicks, TRMC,
City Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Samuel D. Chavez
City Planner
01.95.0g/sup. ord./0497SUP l Page 3
· Exhibit A
LEGAL DESCRIPTION
Being a tract of land out of the T. Wilson Survey, Abstract No. 1352, Denton County, Texas and being a portion
of a tract of land described in deed recorded by County Clerk No. 96-0000540, Deed Records, Denton County,
Texas and being described as follows:
COMMENCING at a capped iron pin found in the west line of FM 423, for the northeast comer of tract being
described. Said point being the southeast comer of Lot I 1, Block F, Pddgepointe, Phase 2-A, an addition to the
City of The Colony, according to plat recorded in Cabinet M, Slide 311, Plat Records Denton County, Texas;
TtIENCE S 06°30'25" E, along the westerly right-of-way of FM 423, a distance of 129.47 feet to a capped iron
pin found for comer;
THENCE S 37 ° 03'26" E along the westerly right-of-way of FM 423, a distance of i 17.00 feet to an "x" found
cut in concrete, said pint being the begUming of a curve to the nght 9Ath a radius of 2,820.20 feet;
THENCE southeasterly along said curve and the west line of FM 423 to a capped iron pin found for the end
of said curve, whose chord bears S 01 ° 16'47" E 102.08 feet;
THENCE S 00 ° 14'26" E, a distance of 27.65 feet and continuing along the west line of FM 423 to a capped
iron pin found for the POINT OF BEGINNING.
THENCE S 00 ° 14'26" E, a distance of 295.90 feet and continuing along the west line of FM 423 to
a capped iron pin found for the southeast comer of tract being described. Said point being the northeast
comer of a tract ofland as described in deed recorded in Vol. 2418, Page 201, Deed Records, Denton
County, Texas;
THENCE S 68°40'32" W a distance of 209.10 feet along the north line of said tract of land as
described in deed recorded in Vol. 2418, Page 201 to a 1/2" iron pin set for comer;
THENCE N 69000' 10" W, a distance of 211.60 feet along the north line of said tract of land as
described in deed recorded in Vol. 2418, Page 201 to a capped iron pin found for comer;
THENCE S 64056'22'' W, a distance of 201.88 feet and continuing along said tract of land as described
in deed recorded in Vol. 2418, Page 201 to a capped iron pin found in the east line of Ridgepointe, an
addition to the Ci~ of the Colony, for the southwest comer of tract being described;
THENCE N 05 °08'17" W, a distance of 310.74 feet along the east line of said Ridgepointe to a I/2"
iron rod pin set for comer;
THENCE N 84°51'43" E, a distance of 10.00 feet to a I/2" iron rod pin set for comer;
THENCE N 05 °08' 17" W, a distance of 71.39 feet to a 1/2" iron rod pin set for comer;
THENCE S 90°05'51.52" E, a distance of 609.90 feet to the POINT OF BEGINNING and containing
4.57 acres of land, more or less.
RUSTIC RIDGE CT.
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