HomeMy WebLinkAboutOrdinance No. 97-969 ORIGINAL
PLANNING DEPARTMENT SPECII:IC USE PERMIT NO. 62
City of The Colony DEVELOPMENT NAME: Office Creek II
ORDINANCE 4tr mER e'7-'qOq
AN ORDINANCE OF THE CITY OF THE COLONY AiMENDING ITS
COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING SPECEFIC
USE PERMIT NUMBER 62; PROVDING FOR TH]E SALE OF BEER AND
WINE FOR OFF-PREMISE CONSUMPTION UPON PROPERTY CURRENTLY
ZONED FOR TI~ (BP) BUSINESS PARK DISTRICT LOCATED AT THE
NORTHWEST D4TERSECTION OF STATE HIGHWAY 121 AND F.M.
423/MAEq STREET; AMENDING THE OFFICIAL ZONING MAP; A.ND
PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, at its regular meeting held on the 25th 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. 03-97SUP3).
WIKEREAS, the City Council, after determining all legal requirements of notice and heating 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 62 is hereby established for a certain 2,071 square foot lease space located
at the northwest intersection of S.H. 121 and F. M. 423/Main Street, situated in Lot I, Block 1 of
the Office Creek Addition and more specifically described on attached Exhibit A, providing for the
following use:
Sale of Beer and Wine for OffPremise Consumption
Section 2.
That development shall be in comi"ormance with the Site Plan, Landscape Plan and Elevation
Drawings attached hereto as Exhibits B.
01.95.0g/sup.ord./0397SUP3 Page 1
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. All roof mounted 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
doors, windows and window walls. All buildings within any g/yen tract shall be of
harmonious design, utilizing compatible styles, materials, color and lighting.
4. If the business located at the northwest comer of the intersection of S.H. 121 and F.M.
423/Main Street is not operational by April 7, I998, a request for an extension of this
Specific Use Permit shall be required.
5. Painted or exposed smooth face C~MU shall not be allowed as an exterior facade.
6. Install "Do Not Enter" or "One-Way" sings at the northwest comer of the site.
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.
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 rome and effect.
01.95.0g,/sup.ord./0397sLrP3 Page 2
Section 7.
Savings Clause
That Ordinance Number 61, otherwise known as the Comprehensive Zoning Ordinance, as amended,
shall rema/n in full force and effect. That Ordinance No. 357, 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 7th day of April, 199)~.
CITY OF);t~E COLONY/~,
By: . . . · -
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.ordd0397SUP3 Page 3
Exhibit A
BEING A 1.207 ACRE TRACT OF LAN0 SITUATE0 ~N THE H, HEOOECOX SURVEY, ABSTRACT NO. 533,
0ENTON COONTY, TEXAS AN0 BEING A PORTION OF A TRACT OF LAN0 HEREAFTER REFERRE0 TO AS THE
'CENTEX TRACT'SAiO COMPRISE0 0F 122.554 ACRE TRACT OF LAN0 DESCRIBED AS TRACT VI IN DEE0 TO
CENTEX 0EVEL OPNENT CCMPANY, L.P., AS RECOROE0 IN VOLUME 2375, PAGE g88, OF THE REAL PROPERTY
RECOROS OF OENTON OOUNTV, TEXAS AN0 PORTION OF THAT CERTAIN 5.222 ACRE TRACT 0ESCRIBE0 IN
QU!TCuAiM TO CENTEX ~EvELORMENT COMPANY, L.P.,AS REEOROE0 IN VOLUME 2792, PAOE II2,0F THE
REAL PROPERTY RECOROS CF 0ENTON COUNTY, TEXAS, SAT0 !.207 ACRE TRACT BEING MORE PARTICULARLY
DESCRIBED 8Y HETES ANO BOUNOS AS FOLLOWS:
BEG!NNINO AT A 5/B'IRON RE0 CAPPED 'CARTER & BURGESS' SET, FROM WHICH A T.O.O.T. MONUMENT
FOUN0 BEARS S 0B'Gg'lB' W,A 0]STANCE OF 0.89, SA]O [RON BEING THE NORTHERLY POINT OF A CLIP-BACK
CORNER AT T~E iNTERSECTiON OF THE WEST RIGHT-OF-wAY LiNE OF FARH TO MARKET HIGHWAY NO.
423 WITH THE NORTH R1G~T-OF-WAY LINE OF STATE HIGHWAY N0. I2t;
THENCE S 16'20'0B' W, ALONC SA~0 CLIP-BACK CORNER, A 0ISTANCE OF lOG.27 FEET TO A 5/B'IRON RD0
CAPPE0 'CARTER & BuRGESS'SET;
T~ENCE S ~720'1B' ~o ALONG SAI0 NORTH RiGHT-OF-WAY, A 0ISTANCE OF 198.~9 KEET TO A 5/8'IRON RO0
CAPPED 'CARTER & BURGESS'SET;
T~ENCE OVER AN0 ACROSS SAT0 CENTEX TRACT, THE FOLLOWING CALLS:
N 28'33'12' w, A 0ISTANCE OF 202.85 FEET TO A 5/8'IRON RO0 OAPPE0 'CARTER & BURGESS' SET;
N ~l'20'iB'E,A OJSTANCE OF 273.19 FEET TO A 5/B'IRON RO0 CAPPE0 'CARTER & BURGESS'SET
[N T~E WEST RIGHT-OF-WAY LINE OF SAI0 FARM TO MARKET HI0WAY N0.423
THENCE $ 28'33':2'E, wITH SAID WEST RIGHT-OF-WAY L!NE, A DISTANCE OF 127.6B FEET TO THE
POINT OF BEGiNNING, AND CONTAINJNG 1.207 ACRES OF LAN0, MORE OR LESS.