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HomeMy WebLinkAboutOrdinance No. 2013-1996 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2013-1996 BURGER KING SPECIAL EXCEPTION AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING 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 NIATERIALS FOR A BURGER KING RESTUARNAT ON PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF MAIN STREET (FM 423) 3700 MAIN STREET, 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. iVHEREAS, 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. SE13-0001 for Burger King Restaurant and whose exterior allows the alternate finishing material of stucco, generally located at 3700 Main Street (FM 423), 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.I of the Code of Ordinances, on property generally located at 3700 Main Street (FM 423), The Colony, Texas, authorizing the use of stucco as an alternate exterior material for the Burger King Restaurant, as generally described and/or depicted in Evhibit 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 full 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 (S2.000.00) 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 5"' day of March, 2013. Joe McCourry (Mayor ATT ST,:; / Th[ Christie Wilson, City Secretary'(--- it 1.~o A VROVED AS TO FORM: .Jef f Moore, City Attorney 2 is - ig''. - - - L 'l ~ a EXTERIOR REMODEL BURGER KING RESTAURANT MAIN STREET THE COLONY, TEXAS