HomeMy WebLinkAboutOrdinance No. 98-1067 ORIGINAL
CITY OF THE COLONY, TEXAS ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING ORDINANCE NO. 97-999 BY GRANTING AN
EXTENSION OF SIX MONTHS FOR A SPECIFIC USE PERMIT
FOR A BEVERAGE STORE FOR THE OFF PREMISE SALE OF
LIQUOR, BEER AND WINE ON A TRACT OF LAND DESCRIBED
AS LOT lA BLOCK 2 OF THE COLONY PLAZA ADDITION
GENERALLY LOCATED ON THE NORTHEAST CORNER OF
MEMORIAL DRIVE AND FM 423; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE A SEPARATE OFFENSE SHALL BE DEEMED
COMMITTED UPON EACH DAY DURING OR ON WHICH A
VIOLATION OCCURS OR CONTINUES; PROVIDING A SAVINGS
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the tract of land (the "Land"), generally described as a 1.148
acre tract of land and as more particularly described in Exhibit A attached hereto and incorporated
herein, filed an application with the City of The Colony, Texas (the "City") Planning and Zoning
Commission requesting an extension of time under Section 10 -903 of the Comprehensive
Zoning Ordinance of the City, the same being Appendix A-Zoning of the City's Code of
Ordinances as amended; and
WHEREAS, after public notices were given in compliance with State law and public
hearings were conducted, and after considering the information submitted at the said public
hearings and all other relevant information and materials, the Planning and Zoning Commission
of the City has recommended to the City Council the granting of an extension of six (6) months
for the Specific Use Permit as adopted by City Ordinance NO. 97-999 dated 20m October, 1997;
and
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and Zoning Commission, the City Council has in its legislative discretion concluded
that the extension of the Specific Use Permit for a period of six (6) months to allow the
applicant time to complete construction of the building, is in the best interests of the City of The
Colony, Texas, and of the public health, safety and welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section 1. Incorporation of premises. The above and foregoing premises are true and
correct and are incorporated herein and made a part hereof for all purposes.
Section 2. Extension of time. That the Specific Use Permit adopted by City Ordinance
NO. 97-999 is hereby granted an extension of time for an additional six (6) months to allow the
applicant time to complete the construction of a building to accommodate the proposed
beverage store for the sale of liquor, beer and wine.
Section 3. Applicable regulations. In all respects the Land, and all development thereon,
shall be subject to the standards, terms and conditions of the Site Plan, all applicable regulations
contained in the Comprehensive Zoning Ordinance, and all other applicable and persistent
ordinances and regulations of the City.
Section 4. Purpose. The granting of an extension of time has been made in accordance
with the Comprehensive Plan of the City for the purpose of promoting the health, safety and
welfare of the community, and with consideration of the reasonable suitability for the particular
use and with a view of conserving the value of the buildings and encouraging the most
appropriate use of land within the community.
Section 5. Savings. This Ordinance shall be cumulative of all other ordinances of the
City affecting the regulation of land and zoning and shall not repeal any of the provisions of those
ordinances except in those instances where the provisions of those Ordinances are in direct
conflict with the provisions of this Ordinance.
Section 6. Penalty. It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof shall be
fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000.00), and a
separate offense shall be deemed committed each day during or on which a violation occurs or
continues.
Section 7. Severability. The sections, paragraphs, sentences, phrases, clauses and words
of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in
this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this Ordinance, and the City Council hereby declares that it would have
passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 8. Effective date. This Ordinance shall become effective from and after its date
of adoption and publication as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas this
~-~ day of ~)&~.~A ,1998.
ATTEST: / Mary l~lair V~atts, Mayor
Patti A. Hicks, TRMC, City S'~rcre~ary
O FORM:
City A~t~rney