HomeMy WebLinkAboutOrdinance No. 97-965 PLANNING DEPARTMENT SPECIAL USE PERMIT NO. 60
City of The Colony DEVELOPMENT NAME: Alberston's & Good Spirits
AN ORDINANCE OF THE CITY' OF THE COLONY AMENDING ITS
COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING SPECIAL
USE PERMIT NUMBER 60; PROVIDING FOR THE SALE OF BEER AND
WINE FOR OFF-PREMISE CONSUMPTION UPON PROPERTY CURRENTLY
ZONED PLANNED DEVELOPMENT 11 FOR THE (GR) GENERAL RETAIL
DISTRICT LOCATED NORTHEAST OF THE INTERSECTION OF STATE
HIGHWAY 121 AND 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 25th day of February, 1997, the Planning and Zoning
Commission did consider and make recommendations on a certain request for a Special Use Permit
(Case No. 02-97SUP1).
WHEREAS, the City Council, after determining all legal requiremems of notice and heating have
been met, has fig'ther 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 Special Use Permit 60 is hereby established for a certain 5.92 lot located northeast of
intersection of S.H. 121 and F. M. 423/Main Street, situated in Lot 7, Block 1 of the Colony Plaza
Addition and more specifically described on the attached Exhibit A, providing for the following use:
Sale of Beer and Wine for OffPremise Consumption
Section 2.
That development shall be in conformance with the Site Plan, attached hereto as Exhibit B.
01.95.0g/sup.ord./0297SUP 1 Page 1
Section 3.
That development shall be in accordance with the following special conditions, restrictions, and
regulations:
I. Sale of beer and wine for off-premise consumption only.
2. ffthe business located northeast of the intersection of S.H. 121 and F.M. 423/Main Street
is not operational by March 3, 1997, a request for an extension of this Specific Use Permit
shall be required.
3. Delete the "hardscape planter" notes on the site plan.
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 k would have passed such remaining portions of the ordinance despite such
invalidity, which remaining portions shall remain in full rome 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. 881, as amended, shall remain in full force
and effect, save and except as amended by this ordinance.
01.95.0g,/sup. o~1./0297SUP 1 Page 2
Section 8.
That this ordinance shall become and be effective on and after its adoption.
PASSED AND APPROVED this the 3rd day of March, 1997.
CITY OFfT~] ~ COLONY:i
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/sup.orddD297SUP 1 Page 3
Exh.'ibit A
LEGAL DESCRIPTION
Being Lot 7, Block I, of the Colony Plaza Addition, as recorded in Cabinet L, Page 388 of the
plat records of Denton County, Texas.
F.M. 423
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