HomeMy WebLinkAboutOrdinance No. 2012-1984
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2012-1984
DEVELOPMENT PLAN FOR TOP GOLF
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A DEVELOPMENT PLAN, A COPY OF
WHICH IS ATTACHED HERETO AS EXHIBIT A, FOR A 64,100
SQUARE FOOT ENTERTAINMENT FACILITY, GENERALLY
LOCATED ON THE SOUTHEAST CORNER OF MEMORIAL DRIVE
AND BLAIR OAKS DRIVE; 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 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 Site Plan Application No. SP12-0005 to construct a new 64,100
entertainment facility called Top Golf, on approximately 12.88 acres, located on the southeast
corner of Memorial Drive and Blair Oaks Drive, The Colony, Texas, should be approved.
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 City Council of the City of The Colony, Texas, does hereby
approve the Development Plan, a copy of which is attached hereto as EVhibit A of this
Ordinance.
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uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the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
uncodiCed, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. 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 20th day
of November , 2012.
JOE McCO Y, MAYOR
ATTEST ' ~
v r
ChristieWilson, City Secretary
APPROVED AS TO FORM:
Jeff Moore, City Attorney
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