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HomeMy WebLinkAboutOrdinance No. 2016-2229CITY OF THE COLONY, TEXAS ORDINANCE NO. 2016-22-2-q DEVELOPMENT PLAN THE SHACKS AT AUSTIN RANCH PH II AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING A DEVELOPMENT, A COPY OF WHICH IS ATTACHED HERETO AS EXHIBIT A, THE SHACKS AT AUSTIN RANCH PH II, WHERE THREE RESTALTRA'VTS APPROXIMATELY 3000 SF, 8000 SF AND 5000 SF WILL BE BUILT ON 5.976 -ACRE PARCEL OF LAND LOCATED AT THE SOUTHEAST CORNER OF PLANO PARKWAY AND WINDHAVEN PARKWAY IN THE PLANNED DEVELOPMENT 22 (PD -22 - AUSTIN RANCH) ZONING DISTRICT; 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, and the City Council of the City of The Colony, Texas, is of the opinion and finds that Development Plan Application No. SP16-0010 The Shacks at Austin Ranch Ph II, where three restaurants approximately 3000 sf, 8000 sf and 5000 sf will be built on 5.976 - acre parcel of land located at the southeast corner of Plano Parkway and Windhaven Parkway in the Planned Development 22 (PD -22 - Austin Ranch) zoning district 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 City Council of the City of The Colony, Texas, does hereby approve the Development Plan, a copy of which is attached hereto as Exhibit 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 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 20th day of September, 2016. G J McCou , Mayor ST: Tina Stewart, City Secretary SEAL -C 's APPROVED AS TO FORM: •, TEX A� Jgff Moore, City Attorney I .F � 0 die Y.. I Y � * .e•�. Li�*., y - ' UP L_ IIL_JI F ; II ill II ` I j ;aLJ Hill 1111 Trill 171 1, 11,111 N ..8 MAW- 2 Binkley U1 &Barfield Inc. ba a