HomeMy WebLinkAboutOrdinance No. 457 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2~/~-'~
AN ORDINANCE AMENDING THE COMPREHENSWE ZONING
ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
ORDINANCE NO. 61, AS AMENDED, PASSED AND APPROVED
ON JUNE 4, 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 OFF-PREMISE CON-
SUMPTION ONLY IN THE SC, SHOPPING CENTER DISTRICT
AND LOCATED WITHIN THE STRUCTURE LOCATED AT 4907
MAIN STREET, CITY OF THE COLONY; PROVIDING FOR CER-
TAIN 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 DEMANn THE
ZONING CHANGE AND AMENDMENT HEREIN MADE;
PROVIDING A PENALTY OF NOT LESS THAN ONE DOLLAR
($1.00) NOR MORE THAN ONE THOUSAND DOLLARS ($1,000.00)
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
WHEREAS, a change in tile classification of a zoning district has been
requested by a person or corporation having a proprietary interest in the
property described in Exhibit "A"; and
WHEREAS, the requested change was submitted to tile Planning and
Zoning Commission of the City of The Colony, Texas, (the "City") for its
recomm,endation and report; and
WHEREAS, the Planning and Zoning Commission of tile City of Tile
Colony, and tile 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 tile persons interested and
situated in the affected area and in the vicinity thereof; and
WHEREAS, the City Council finds and determines that the property is in
an already established subdivision; and
WHEREAS, 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
tile 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
4, 1979, the same being Appendix A of the Code of Ordinances of the City of
Tile 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 off-premises consumption only in the SC,
Shopping Center District and located within the structure located at 4907 Main
Street, City of The Colony, Texas.
Section 2. The approva! of this Specific Use Permit shall be and is
hereby conditioned upen the following conditions:
A. Beer and wine only may be sold for off-p,.emise consumption only
under this Specific Use Permit.
B. Tile sale of beer and wine on the property described in Exhibit "A"
and under this Specific Use Permit shall be limited to tile confines '
of the interior of the structure, having dimensions as stated on the
attached Exhibit "B," which Exhibit is incorporated herein for all
incorporated herein by ~this r~ference.
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. Construction of the main structure as indicated on the site
plan attached hereto as Exhibit "C" shall commence within two (2) years of the
date of this ordinance, and shall be deemed commenced upon the issuance of a
building permit by the City. Upon the failure of a building permit to be issued
for construction of the main structure within the time period prescribed, the
owner of the property described in Exhibit "A" shall submit a new site plan to
the City and secure approval of the same prior to the issuance of a building
permit, and the site plan attached hereto as Exhibit "C" shall be null and void.
Section 4. 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 "C", indicating an architect's elevations of the front and sides
of the structure, all parking, landscaped areas, sign locations, 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 5. That the herein described property shah be used only in the
menner and for the purpese 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 off-premise consumption only subject to the conditions stated
herein.
Section 6. That in all other respects, the use of the tract or tracts of
]and 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 7. 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 8. That the zoning regulations and districts as herein estab-
lished have been made in accordance with the comprehensive plan for the
purpese of promoting the health, safety, morals and the general we]fare 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 encouraging the most appropriate use of
land throughout the community.
Section 9. 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 10. That the terms and provisions off,this ordinance shah be
deemed to be severable and that if the validity of the zoning affecting any
portion of the tract or tracts of ]and described herein shall be declared to be
invalid, the same shah not affect the validity of the zoning of the balance of
the tract or tracts of land described herein.
Section 11. Any person violating any of the provisions of this ordinance
shah 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 ($1,000.00) and a separate offense shall be deemed committed ~pon each
day during or on which a violation occurs or continues.
Section 12. 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 of its final passage and publication as
provided by ]aw, and it is accordingly so ordained.
PASSED~.~ND APPROVED by the City Council of the City of~The Colony,
Texas this /~-day of ~, 1986.
Mayor~-Cit~y of Th~Colohy~ TeXas
ATTEST:
City Secretary
[SEAL]
APPROVED AS TO FORM:
City Attorney
HTR.
CENTER. o