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HomeMy WebLinkAboutOrdinance No. 97-973 ORISINAL PLANNING DEPARTMENT PLANNED DEVELOPMENT NO. 14 City of The Colony DEVELOPMENT NAME Lone Star Car Wash ORDINANCE NUMBER qT-qT,J AN ORDINANCE OF THE CITY OF THE COLONY AMENDING ITS COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING PLANNED DEVELOPMENT NUMBER 14 FOK THE (GR) GENERAL RETAIL DISTRICT ON A TRACT OF LAND CURRENTLY ZONED PLANNED DEVELOPMENT 7 FOR THE (SF) SINGLE FAMILY RESIDENTIAL DISTRICT; UPON PROPERTY LOCATED SOUTH OF RIDGEPOINT DRIVE, ON THE WEST SIDE OF F.M. 423/MAIN STREET; AMENDING THE OFFICIAL ZONING MAP; AND PROVIDING FOR A PENALTY, SAVINGS, SEVEKABILITY AND gaN' 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 Planned Development District (Case No. 04-97ZI). WHEREAS, this change of zoning is in accordance with the adopted Comprehensive Plan of the City of The Colony, as amended; 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 CITY COUNCIL OF TI-YE CITY OF THE COLONY, TEXAS: Section 1. That Planned Development Number 14 is hereby established for a certain 7.33 acre tract of land located south of Kidgepoint Drive, on the west side of F.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: Permitted uses shall be all principal and accessory uses which are allowed by right in the General Ketail District, in accordance with Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended, except as otherwise provided in Section 3 below and shall be developed in accordance with all applicable regulations of the (GK) General Retail District and the Comprehensive Zoning Ordinance, as amended, except as otherwise provided in Section 3 (special standards) below. 01.95.0g/pform/0497Z I Page I A Specific Use Permit shall be required for uses in the (GR) General Retail District, in accordance with Appendix A, Section 10 of the Comprehensive Zoning Ordinance, as amended, except as otherwise provided in Section 3 below. Such Specific Use Permit(s) shall be subject to the conditions established in Appendix A, Sections 10-900 and 10-2200 of the Comprehensive Zoning Ordinance, as amended, and shall be developed in accordance with all applicable regulations, except as otherwise provided in Section 3 (special standards) below. Section 2. That development shall be in conformance with the Conceptual Plan, attached hereto as Exhibit B. Section 3. That development shall be in accordance with the following special conditions, restrictions and regulations: 1. The only uses permitted by-right in the (GR) General Retail District shall be: a. Retail: Antiques Shop Art Supply Store Bakery Bookstore Camera Shop Clothing Store Florist Shop Furniture Store General Retail (excluding convenience store) Medical Appliance Sales Optical Shop Paint and Wallpaper Store Pet Store and Supplies Pharmacy Restaurant (dine-in only) Sporting Goods Store Swimming Pool Supply b. Office: Bank/Financial Institution Clinic; Medical, Dental, or Optical General Office Veterinarian Clinic (without outside runs or kennels) c. Personal Services: Barber or Hair Salon Dry Cleaning Pickup and Receiving Photography Studio Radio, Television or Electronic Repair Shoe Repair Tailor 01.95.0s/pforaff0497Z 1 Page 2 2. The following uses shall require a Specific Use Permit and such uses are limited to: a. Personal Services: Automobile Lube Center (no repair, fluid exchange and lube only) Full Service Car Wash b. Institutional: Community Welfare/Health Center Day Care Center Home For Aged Nursing Home/Convalescent Home School; Business Studio; Art, Music, Dance, Drama or Similar Skills 3. The max/mum height of any structure shall be limited to one (story). 4. In lieu of the required screening wall, the folio,wing 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. All landscaped areas shall be irrigated by fully automated underground irrigation systems. 6. All roof-top mounted equipment shall be screened from view on all four sides of the structure. 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/pform/0497ZI Page 3 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. Section 8. That tkis 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 Mayor ATTEST: Patti A. Hicks, TRMC City Secretary APPROVED AS TO FORM: APPROVED AS TO CONTENT: City Attorney Samuel D. Chavez City Planner 01.95.0g/pform/0497Z 1 Page 4 Exhibit A LEGAL DESCRIPTION Being a t~act 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: BEGINNING 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 11, Block F, P,_idgepointe, Phase 2-A, an addition to the City of The Colony, according to plat recorded Lq Cabinet M, Slide 31 I, Plat Records Denton County, Texas; THENCE 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 37003'26'' E along the westerly right-of-way of FM 423, a distance of 117.00 feet to an "x" found cut in concrete, said pint being the beginning of a curve to the fight v,4th 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 323.55 feet and continuing along the west line of FM 423 to a capped iron pm found for the southeast comer of U'act being described. Said point being the northeast comer of a tract of land as described in deed recorded in Vol. 2418, Page 20 I, Deed Records, Denton County, Texas; THENCE S 68'40'32" W a distance of 209. I0 feet along the nomh line of said tract of land as described in deed · recorded in Vol. 2418, Page 201 to a I/2" iron pin set for comer; THENCE N 69°00'10'' W, a distance of211.60 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; TttENCE S 64°56'22" 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 Pddgepointe, an addition to the City 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 R. idgepointe to a 1/2" iron rod pin set for comer; THENCE N 84°51'43" E, a distance of 10.00 feet to a 1/2" iron rod pin set for comer; THENCE N 05 °08'17" W, a distance of 136.09 feet to a 1/2" iron rod pin set for comer; THENCE N 39°51'43'' E, a distance of 56.57 feet to a i/2" iron red pin set in the south line of Block G, Ridgepointe; THENCE N 84051'43" E, a distance of 253.47 feet along the south line of said Block G, Ridgepointe to a capped iron pin found for comer; THENCE N 24°35'46'' E, a distance of 230.33 feet along the easterly line of Block G and Block F said Ridgepointe to a capped iron pin found for the most north northwest comer of tract being described; THENCE N 84*51'47" E, a distance of 132.40 feet and continuing along the south line of side Block F to the POINT OF BEGINNING and containing 7.269 acres of land, more or less.