HomeMy WebLinkAboutOrdinance No. 97-999 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 97-999
AN ORDINANCE OF THE CITY OF THE COLONY,
TEXAS AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY, THE SAME BEING
APPENDIX A-ZONING OF THE CITY'S CODE OF
ORDINANCES AS AMEMDED, BY GRANTING A
SPECIFIC USE PERMIT FOR A BEVERAGE STORE FOR
THE OFF PREMISE SALE OF LIQUOR, BEER AND
WINE ON LAND DESCRIBED AS LOT lA BLOCK 2 OF
COLONY PLAZA AND GENERALLY LOCATED
WITHIN THE CITY ON THE NORTHEAST CORNER OF
MEMORIAL DR. AND F.M. 423 AND ZONED PD
PLANNED DEVELOPMENT DISTRICT NO. 11 (FOR GR
GENERAL RETAIL USES); PROVIDING THAT THE
SAID SPECIFIC USE PERMIT SHALL BE AND IS
LIMITED TO THE AREA OF THE STRUCTURE
DESIGNATED ON THE SITE PLAN ATTACHED
HERETO; PROVIDING FOR CERTAIN CONDITIONS OF
APPROVAL; REQUIRING COMPLIANCE WITH A SITE
PLAN A'I-IACHED HERETO AND MADE A PART
HEREOF PROVIDING FOR A CORRECTION OF THE
OFFICIAL ZONING MAP TO REFLECT THE CHANGE
MADE HEREIN; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING A PENALTY NOT TO EXCEED
TWO THOUSAND DOLLARS (S2,000.00) 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 1 and (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") P 1 anning and Zoning Commission requesting a change in zoning of the Land and
an amendment to the Official Zoning District Map of the City in accordance with
Appendix A-Zoning of the City's Code of Ordinances (the "Comprehensive Zoning
Ordinance"); and
WHEREAS, all legal notices, requirements and conditions having been complied
with, the case to rezone the Land came on before the Planning and Zoning Commission
and City Council; and
WHEREAS, the Land is in an already established subdivision; and
WHEREAS, at~er 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 adoption of the
amendment to the Comprehensive Zoning Ordinance as set forth in this Ordinance; 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 adoption of this Ordinance 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
tree and correct and are incorporated herein and made a part hereof for all purposes.
Section 2. Rezoning. The Comprehensive Zoning Ordinance of the City,
Ordinance No. 61, dated June 4, 1979, the same being Appendix A-Zoning of the Code
of Ordinances of the City, is hereby amended and changed as follows:
A. The zoning of the Land, being a 1.148 acre tract of land and described as
Lot lA, Block 2 of Colony Plaza, a subdivision within, the City, and generally located on
the northeast comer of Memorial Drive and F.M. 423 and described in Exhibit A attached
hereto and incorporated herein, which Land is zoned PD Planned Development District
No. 11 (for GR. General Retail uses), is hereby amended and changed by granting a
Specific Use Permit for a beverage store for the sale of liquor, beer and wine for off-
premises consumption only.
Section 3. Conditions. The approval of the Specific Use Permit granted herein
shall be and is subject to the following conditions:
A. Liquor, including beer and wine, may be sold for off-premises consumption only.
B. The sale of liquor, including beer and wine, on the Land and under the Specific
Use Permit granted herein shall be and is limited to the confines of the interior of
the structure having a floor area not to exceed 4,015 square feet as shown on the
site plan, for the Land attached hereto as Exhibit A and located at Lot IA, Block
2, Colony Plaza Addition, a subdivision of the City.
Section 4. Site plan. The Site Plan for the Land is approved and is hereby
incorporated into and made a part of this Ordinance. The development and use of the
Land shall be in accordance with the Site Plan, this Ordinance, the ordinance adopting the
PD Planned Development District No. 11 for the Land, the Comprehensive Zoning
Ordinance, and all other applicable ordinances of the City.
Section 5. Zonin~ man. The Planning and Zoning Director is hereby directed
to mark and indicate on the official Zoning District Map of the City to reflect the zoning
change herein made.
Section6. 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 7. Purpose. The amendment to zoning herein made 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 thc community.
SectionS. 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 9. 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 10. 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 11. Effective date. This Ordinance shall become effective from and
at~er its date of adoption and publication as provided by law.
PASSED AND APPROVED by the City Council o£ the City o£ The Colony,
Texas this 20th day of October, 1997.
APPROVED:
Mary J~lair WriSts, Mayor
ATTEST:
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
\
S~tE DAT~
3
ACCESS ES)aT. CURVE OATA
C1