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HomeMy WebLinkAboutOrdinance No. 2014-2107 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2014-02,10 7 SPECIFIC USE PERMIT ALTERNATE EXTERIOR FINISHES PANDA EXPRESS AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A MODIFICATION TO THE GATEWAY OVERLAY DISTRICT, SECTION 10A-900(c)(1)(C) REGARDING EXTERIOR FINISHES A FOR PANDA EXPRESS, ON A 0.91 ACRE PROPERTY GENERALLY LOCATED ON THE NORTH SIDE OF THE SAM RAYBURN TOLLWAY (S.H.121) AND APPROXIMATELY 325 FEET WEST OF SOUTH COLONY BOULEVARD, THE COLONY, TEXAS; AND APPROVING 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 Specific Use Permit Application No. SUP 14-0010 for a modification to Gateway Overlay District Section 10A-900(c)(1)(C)regarding exterior finishes, is 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 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 Use Permit to allow the use of brick, stucco, and ceramic and metal tile as a substitute for the exterior finishes for the Panda Express, being more particularly described in Exhibit A which is attached hereto and incorporated herein. 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 this Ordinance shall become effective immediately upon its passage. DULY PASSED by the City Council of the City of The Colony, Texas, this the 16th day of December, 2014. Jo cCou , Mayor AT ST: % if.c-k- / ' yOF T/* Christie Wilson, City Secretary __ APPROVED AS TO FORM: z.Y . —E SEAQ :-c ( Jeff Moore, city AttorneyEX,A?,,�/ 2 Exhibit A Elevations 1t"Ass • ' gt Jig di ,s1,1 hi 1 . . Al MIMI 1011111111 mai), - -. War IYaKi N 1.0a *tI .t �... -- ------- ----- - 1W3 I MOW 1,,.ti.1 ,o..•7". -1x; 7; .�_s .4;:•T M_ may. .�i1,,,.. .:.! 4.{ I..j -.,.,-i. I 3 3 t I. I. .! f 0 ^ ' , � ''wit �Yr A`l' J ' 1 , L i1 Fl 0, Y • `' ` G; L 1 a t, • ' o;'4*. 14, 3.+ t A da o{ � i_ t A Tr iA44.4, ♦1 t� , ' . �y , , ,, ' ,' 1 ■l 4 •tii` r lib , . ..,,..:, 1111.::: . in_ ,, ilk, ` ' }r Hal ' a 1 iw. a i , - ...„ (II / --