HomeMy WebLinkAboutOrdinance No. 359 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 359
AN ORDINANCE AMENDING THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF THE COLONY,
TEXAS, ORDINANCE NO. 61, AS AMENDED, PASSED
AND APPROVED ON JUNE #, 1979, THE SAME BEING
APPENDIX A OF THE CODE OF ORDINANCES OF THE
CITY OF THE COLONY, TEXAS, BY GRANTING AND
APPROVING A SPECIFIC USE PERMIT FOR THE SALE OF
BEER AND WINE ONLY FOR ON-PREMISE
CONSUMPTION ONLY IN THE GR, GENERAL RETAIL
DISTRICT AND LOCATED WITHIN THE STRUCTURE
LOCATED AT #750 SOUTH COLONY, SUITE 120, CITY OF
THE COLONY; PROVIDING FOR CERTAIN CONDITIONS
OF APPROVAL; REQUIRING COMPLIANCE WITH THE
SITE PLAN ATTACHED HERETO; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE COMPREHENSIVE ZONING
ORDINANCE; PROVIDING A SEVERABILITY CLAUSE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND THE ZONING
CHANGE AND AMENDMENT HEREIN MADE; PROVIDING
A PENALTY OF NOT LESS THAN ONE DOLLAR NOR
MORE THAN ONE THOUSAND DOLLARS FOR EACH
OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
'~/HEREAS, a change in the classification of a zoning district has been
requested by a person or corporation having a proprietary interest in the property shown
on Exhibit "A"; and
~/HEREAS, the requested change was submitted to the Planning & Zoning
Commission of the City of The Colony, Texas (the "City") for its recommendation and
report; and
· /HEREAS~ the Planning and Zoning Commission of the City of The Colony,
and the City Council of the City of The colony, in compliance with the laws of the
State of Texas, and with the provisions of the Comprehensive Zoning Ordinance of the
City of The Colony, have given the requisite notices by publication and otherwise and
have held due hearings and afforded a full and fair hearing to all property owners
generally and to the persons interested and situated in the affected area and in the
vicinity thereof; and
· /HEREAS~ the City Council finds and determines that the property is in an
already established subdivision; and
· /HEREAS, the City Council finds and determines that the granting of such
change in the classification of the zoning district is in the best interest of the public
health, safety, morals and general welfare of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the Comprehensive Zoning Ordinance of the City of The
Colony~ Texas~ Ordinance No. 61, as amended, passed and approved on June % 1979, the
same being Appendix A of the Code of Ordinances of the City of The Colony, Texas,
(the "Comprehensive Zoning Ordinance"), be and the same is hereby amended and
changed in that the allowed use of the property described in Exhibit "A" be changed by
granting and approving a Specific Use Permit for the sale of beer and wine only for
on-premises consumption only in the GR, General Retail District and located within the
structure located at #750 South Colony~ Suite 120, City of The Colony, Texas.
Section 2. The approval of this Specific Use Permit shall be and is hereby
conditioned upon the following conditions:
A. Beer and wine only may be sold for on-premises consumption
only with a mixed beverage State permit under this Specific Use
Permit.
B. The sale of beer and wine on the property described in Exhibit
"A" and under this Specific Use Permit shall be limited to the
confines o£ the interior of the structure located at #750 South
Colony, Suite i20~ City of The Colony, Texas, having dimensions'
of 34 feet by 58 feet for a total of 1972 square feet) depict.ed
as The Bell Pepper on the site plan attached hereto Exhibit "B"
and incorporated herein by this reference.
C. The location) size and exact description of all signs proposed to
be constructed) installed or placed on the property described in
Exhibit "A" shall be approved by the City prior to any such
construction) installation or placement.
Section 3. The approval of this Specific Use Permit shall be and is
hereby further conditioned upon full and complete compliance with the development
plans submitted by the applicant and with the site plan) attached hereto as Exhibit
) indicating an architect's elevations of the front and sides of the structure) all
parking~ landscaped areas) ingress and egress) a narrative description of the planned
activities in the establishment~ including the projected breakdown of revenues between
food sales and beer and wine sales~ and an interior layout of the structure showing
proposed walls~ storage of beer and wine, and areas to be used for activities other
than the storage of beer and wine.
Section #o That the herein described property shall be used only in
the manner and for the purpose provided by the Comprehensive Zoning Ordinance as
amended herein by the granting of this Specific Use Permit for the sale of beer and
wine only for on-premise consumption only with a mixed beverage State permit and
subject to the conditions stated herein.
Section ~. That in all other respects) the use of the tract or tracts of
land herein-described shall be subject to all the applicable regulations contained in
said Comprehensive Zoning Ordinance of the City and all other applicable and
pertinent ordinances of the City.
Section 6. That the City Manager of the City is hereby directed to
correct the official zoning maps of the City to reflect the change in zoning granted
herein.
Section 7. That the zoning regulations and districts as herein
established have been made in accordance with the comprehensive plan for the
purpose of promoting the health) safety) morals and the general welfare of the
community. They have been designed) with respect to both present conditions and the
conditions reasonably anticipated to exist in the foreseeable future) to lessen
congestion in the streets; to secure safety from fire) panic) flood and other dangers;
to provide adequate light and air; to prevent over-crowding of land) to avoid undue
concentration of population; to facilitate the adequate provisions of transportation)
water, sewerage) drainage and surface water) parks and other public requirements, and
to make adequate provisions for the normal business, commercial needs and
development of the community. They have been made with reasonable consideration)
among other things of the character of the district) and its peculiar suitablity for the
particular uses and with a view of conserving the value of buildings and encourageing
the most appropriate use of land throughout the community.
Section 8. This ordinance shall be cumulative of all other ordinances
of the City affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances which are in
direct conflict with the provisions of this ordinance.
Section 9. That the terms and provisions of this ordinance shall be
deemed to be severable and that if the validity of the zoning affecting any portion of
the tract or tracts of land described herein shall be declared to be invalid) the same
shall not affect the validity of the zoning of the balance of the tract or tracts of land
described herein.
Page -2-
Section 10. Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall
be fined in a sum not less than One Dollar ($1.00) nor more than One Thousand
Dollars ($17000.00) and a separate offense shall be deemed committed upon each day
during or on which a violation occurs or continues.
Section 11. The fact that the present zoning ordinances and
regulations of the City are inadequate to properly safeguard the health, safety,
morals, peace and general welfare of the inhabitants of the City creates an
emergency for the immediate preservation of the public business, property~ health~
safety and general welfare of the public which requires that this ordinance shall
become effective from and after the date o£ its final passage and publication as
provided by law, and it is accordingly so ordained.
PASSED AND APPROVED ON this ay of ~x~-' ,
~~or~i{y ~ Colony, Texas
ATTEST:
Patti Jones~ C~y Secretary
[SEAM
APPROVED AS TO FORM:
City Attorney