HomeMy WebLinkAboutOrdinance No. 2012-1972
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2012- 1972
SPECIAL EXCEPTION FOR SPEC'S LIQUORS & FINE FOODS
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ANIENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AS
HERETOFORE AMENDED, BY GRANTING A SPECIAL EXCEPTION
TO THE GATEWAY OVERLAY DISTRICT AUTHORIZING AN
ALTERNATIVE EXTERIOR MATERIAL FOR A NEW RETAIL STORE
ON PROPERTY GENERALLY LOCATED ON THE NORTHEAST
CORNER OF S.H. 121 (SAM RAYBURN TOLLWAY) AND BLAIR OAKS
DRIVE, THE COLONY, TEXAS; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A REPEALER CLAUSE; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; 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 any requisite notices by publication and otherwise,
and have held due public hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and the City Council of the City of The Colony, Texas, is of
the opinion and finds that that the Special Exception Application No. SE 12-0002 for a new retail
store and whose exterior allows the alternate finishing material of stucco finish on tilt wall
construction, generally located on the northeast corner of S.H. 121 (Sam Rayburn Tollway) and
Blair Oaks Drive, The Colony, Texas, should be approved, and in the exercise of legislative
discretion have concluded 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 findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. 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 special exception to the
Gateway Overlay District, Sections 17-106.1 and 10A-900D.1 of the Code of Ordinances, on
property generally located on the northeast corner of S.H. 121 (Sam Rayburn Tollway) and Blair
Oaks Drive, The Colony, Texas, authorizing the use of stucco finish on tilt wall construction as an
alternate exterior material for a new retail store, as generally described and or depicted in Exhibit
A, which is attached hereto and incorporated herein for all purposes.
SECTION 3. 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 4. 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 frill
force and effect.
SECTION 5. That any person, firm or corporation violating any of the provisions or
terms of this Ordinance shall be subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City of The Colony, as heretofore amended, and upon
conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense; and each and every day such violation shall continue shall be
deemed to constitute a separate offense.
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 4th day
of Septeanber 2012.
J MCCourry, Mayor
ATTE T:
bristle Wilson, City Secretary . Nl~
. s
APPROVED AS TO FORM: >y
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Jeff Moore, City Attorney
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