HomeMy WebLinkAboutOrdinance No. 874 ORIGINAL
CITY OF THE COLONY~ TEXAS
ORDINANCE NO. ~74
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 AN
EXTENSION OF A SPECIFIC USE PERMIT FOR THE SALE OF
ALCOHOL INCLUDING BEER AND WINE FOR OFF-PREMISE
CONSUMPTION, IN THE SC, SHOPPING CENTER DISTRICT AND
LOCATED WITHIN THE AREA OF THE STRUCTURE DESIGNATED
ON THE SITE PLAN ATTACHED AS EXHIBIT "A": LOCATED AT 4920
MAIN STREET(FM 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 SI-IAI L
BE DEEMED COMMIT'FED 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"
located at 4920 Main Street(FM 423), City of The Colony, Texas; and
WHEREAS, 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 of 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
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 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 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 site plan attached as Exhibit "A", which
is hereby incorporated herein, located at 4920 Main Street(FM 423), be changed by granting
an extension of a Specific Use Permit for sale of alcohol, including beer and wine for off-
premise consumption in the (SC) Shopping Center District and to be located within the area
of the structure designated in Exhibit "A" located 4920 Main Street(FM 423), City of The
Colony, Texas. Such Specific Use Permit was granted by Ordinance 856, passed and
approved on the 12th day of September, 1994.
Section 2. That approval of this Specific Use Permit shall be and is conditioned upon
the following conditions:
A. The sale of beer and wine for off-premise consumption only.
B. If business located at 4920 Main Street (FM 423) is not operational by
April 1, 1995, a request for extension of this Specific Use Permit shall be required.
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 oftbe public which requires that
this ordinance shall become 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 6th day of February, 1995.
William W. Mannin~
ATTEST:
Patti A. Hicks, TRMC, City Secretary
[SEAL)
APPROVED AS TO FORM:
City Attorney