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HomeMy WebLinkAboutOrdinance No. 425 CITY OF THE COLONY, TEXAS ORDINANCE NO. '~-~.~5 AN ORDINANCE AMENDING 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 THE COLONY, TEXAS, BY GRANTING AND APPROVING A SPECIFIC USE PERMIT FOR GROCERY STORE IN THE SC, SHOPPING CENTER DISTRICT AND LOCATED WITHIN THE AREA OF THE STRUCTURE DESIGNATED ON THE PRELIMINARY SITE PLAN ATTACHED AS EXHIBIT 'IA" AS A TWO HUNDRED FOUR FOOT (204') BY ONE HUNDRED SIXTY-FIVE FOOT (165') AREA: LOCATED AT 5000 FARM-TO-MARKET ROAD 423; PROVIDING FOR CERTAIN CONDITIONS OF APPROVAL; REQUIRING COMPLIANCE WITH THE SITE PLAN; CORRECTING THE OFFICIAL 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 WHEREAS, 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" as a total area of two hundred four foot (204') by one hundred sixty-five foot (165') and designated as Brookshires Grocery Company, located at 5000 Farm-to-Market Roac' 423, City of The Colony, Texas; and WHEREAS, the PlanninF 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 hearing to all property owners generally and to the 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 stabhshec s~l~division; 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 the public health, safety, morals and general welfare of the City. NOW, T~:EREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE (]ITY 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 The Colony, Texas, (the "Comprehensive Zoning Ordinance"), be and the same is hereby amended and changed in that the allowed use of the property shown on the preliminary site plan attached as Exhibit "A",which is hereby incorporated herein, as a total area of two hundred four foot (204') by one hundred sixty- five foot (165') and designated as Brookshires Grocery Company located at 5000 Farm-To-Market Road 423, be changed by granting and approving a Specific Use Permit for a grocery store for the sale of beer and wine, for off-premise consumption only in the SC, Shopping Center District and to be located within the area of the structure designated in Exhibit "A" as a total area of two hundred four foot (204') by one hundred sixty-five foot (165') known as Brookshires Grocery Store and located at 5000 Farm-to-Market Road 423, City of The Colony, Texas Section 2. That approval of this Specific Use Permit shall be and is hereby conditioned up the following conditions: A. Beer and wine may be sold for off-premise consumption only under this Specific Use Permit. B. The sale of beer and wine on the herein-described property and under this Specific Use Permit shall be limited to the confines of the interior of the structure having dimensions of two hundred four foot (204') by one hundred sixty-five foot (165') for a total area of 33,660 square feet, located at 5000 Farm-to-Market Road 423, City of The Colony. Section 3 That the herein-described property shall be used only in compliance with the comprehensive site plan and the development plans approved by the City Council and 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 for off-premise consumption only, subject to the conditions stated herein. Section 4. 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 5. 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 6. 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 suitability 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 7. 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 8. 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. Section 9. 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 ($1,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 10. 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 beco~me effective from and after the date of its final passage and publication as provided by law, and it is accordingly so ordained. PASSED AND APPROVED this /~day of~, 1986. ATTEST: Patti Jones,~ity Secretary [SEALI APPROVED AS TO FORM: City Attorney