HomeMy WebLinkAboutOrdinance No. 2012-1961
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2012-1961
SPECIFIC USE PERMIT -
ON-PREMISES SALE OF ALCOHOL
RUSTY TACO RESTAURANT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY,
TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF
THE CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM GR (GENERAL RETAIL) TO GR-SUP
(GENERAL RETAIL-SPECIFIC USE PERMIT) APPROVING A SPECIFIC USE
PERMIT ALLOWING ON-PREMISES SALE OF ALCOHOL AT "RUSTY TACO
RESTAURANT," GENERALLY LOCATED ON THE EAST SIDE OF FM 423 (MAIN
STREET) AND APPROXIMATELY 775 FEET SOUTH OF SOUTH COLONY
BOULEVARD, COMMONLY KNOWN AS 4900 MAIN STREET, AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A" WHICH IS ATTACHED HERETO
AND INCORPORATED HEREIN; AMENDING THE COMPREHENSIVE ZONING
ORDINANCE AND MAP OF THE CITY OF THE COLONY, TEXAS, AS
HERETOFORE AMENDED, BY REPEALING SECTION I OF ORDINANCE NUMBER
2010-1850, WHICH APPROVED A SPECIFIC USE PERMIT ALLOWING AN ANIMAL
CLINIC OR HOSPITAL ON SAID PROPERTY LOCATED AT 4900 MAIN STREET;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given requisite notices by publication and otherwise, and
after holding due public hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested and situated in the affected area and in the vicinity thereof,
and after determining that the location of the Rusty Taco Restaurant exceeds the required 300 foot
spacing from any school, hospital, church and/or daycare, the City Council of the City of The
Colony, Texas, is of the opinion and finds that Zoning Application No. SUP12-0001 to allow the
on-premises sale of alcoholic beverages at "Rusty Taco Restaurant," located at 4900 Main Street,
The Colony, Texas, should be approved, and in the exercise of legislative discretion have conclude
that the Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance and Map of the City of The
Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as
heretofore amended, be and the same is hereby amended to grant a change in zoning from
General Retail (GR) to General Retail-Specific Use Permit (GR-SUP) to allow the on-premises
sale of alcoholic beverages at "Rusty Taco Restaurant," located at 4900 Main Street and being
more particularly described in Exhibit "A" which is attached hereto and incorporated herein.
SECTION 2. That the City Council of the City of The Colony, Texas, does hereby
approve the Specific Use Permit.
SECTION 3. That the Comprehensive Zoning Ordinance and Map of the City of The
Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as
heretofore amended, be and the same is hereby amended by repealing Section 1 of Ordinance
No. 2010-1850, approved by the City Council of the City of The Colony, Texas, on March 22,
2010, and in doing so repeals a General Retail Specific Use Permit (GR-SUP) to allow an animal
clinic or hospital on property generally located at 4900 Main Street.
SECTION 4. That it is hereby declared to be the intention of the City Council of the
City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 5. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 6. That this Ordinance shall become effective immediately upon its passage.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 3rd day
of July, 2012.
OElMCC, ~ RY, MAYOR
ATTES :
Iiristie Wilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
err
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EXHIBIT "A"
Legal Description
South Colony Retail Center, Block A, Lot 5, The Colony, Denton County, Texas.
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