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HomeMy WebLinkAboutOrdinance No. 97-971 ORIGINAL PLANNING DEPARTMENT -', : · SPECIFIC USE PERMIT NO. 61 City of The Colony DEVELOPMENT NAME: Chevron ORDr ANCE emER qq-qT/ AN O~CE OF ~ CITY OF ~ COLO~ ~G ITS CO~NSI~ ZO~G O~CE ~ EST~LIS~G SPEC~IC USE PE~T ~ER 61; PROLOG FOR T~ S~E OF BEER ~ ~ FOR O~-P~SE CONS~TION ~ON PROP~ C~N~Y ZO~D FOR ~ ~P) BUS.SS P~ DIS~CT LOCA~D ~ST OF ~ NOR~ST ~SEC~ON OF STA~ ~G~AY 121 ~ PMGE RO~; ~G ~ O~C~ ZO~G ~; ~ PROLOG FOR A PEN~, SA~GS, SE~I~, ~ ~ E~C~ DA~. ~' WHEREAS, at its regular meeting held on the 1 lth day of March, 1997, the Planning and Zoning Commission did consider and make recommendations on a certain request for a Specific Use Permit (Case No. 03-97SUP2). ,~ WHEREAS, the City Council, after determining ail 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 61 is hereby established for a certain 2,961 square foot structure located west of the northwest intersection of S.H. 121 and Palge Road, situated ~n Lot 2, Block 1 of the Paige/121 Addition and more specifically described on attached Ex,'bit 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. Section 3. That development shall be in accordance with the following special conditions, restrictions, and 01.95.0g/sup.ord./0397SUP2 Page 1 regulations: :. :. 1. Sale of beer and wine for off-premise consumption only. 2. All roefmoumed equipment shall be screened by a parapet wall on all four sides of the structure. 3. 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 doers, windows and window walls. All buildings within any given tract shall be of harmonious design, utilizing compatible styles, materials, color and lighting. If the business located west of the northwest intersection of S.H. 121 and Palge Road is not operational by April 2, 1998, a request for an extension of this S~ecific Use Permit shall be required. 5. Painted or exposed smooth face CMU shall not be allowed as an exterior facade. 6. Provide a 10' x 30' visibility easement on-site for the driveway on S.H. 121. 7. Four (4), thxee (3) inch caliper trees shall be provided within the landscape buffer along SH. 121. Fifty (50) percent of the trees shall be Live Oaks and twenty-five (25) percent shall be of another variety of Oak. 8. A minimum of one (l) tree shall be planted in the interior parking islands. 9. A combination of shrubs and berming shall be used as screening within the landscape buffer along S.H 121. Berming shall achieve an average height of twenty-four (24) inches, with a maximum height of three (3) feet. 10. All landscaped areas shall be irrigated with a fully automated underground irrigation system. Section 4. That the Official Zoning Map is hereby amended to reflect the action taken herein. Section 5. Penalty Clause That any person, f~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 ~eh 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./0397SUP2 Page 2 ~' §eciion Sever~bility Clmase That the provisions of this ordinance, if held invalid or uncon~tutioml by a Court of eomp~ent jurisdiction, shall not affect the validity of the remaining portions of this ordnance; and the City Council hereby declares it would have passed such remaining portions of the ordinane~ despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. Savings Clause That Ordinance Number 61, othervfise known as the Comprehensive Zoning Ordinance, as mended, shall remain in full force and effect. That Ordinance No. 357, as mended, shall remain in full force and eff'ect, 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 21st day of April, 1997. CITY OF THE COLON'~ // William W. Manning N. Mayor ~ Patti A. Hicks, TRMC, City Secretary APPROR~.~ ~_,AS TO FORM: APPROVED AS TO CONTENT: City A~o~mmey~~ Samuel D. Chavez City Planner 01.95.0g,/sup.ord.~397SUP2 Page 3 Exhibit A LEGAL DESCRIPTION Being Lot 2, of Block 1 of the PaigeYl21 Addition, a~ addition to the City of The Colony, Denton County, Texas.