HomeMy WebLinkAboutOrdinance No. 03-1499 CITY OF THE COLONY, TEXAS
ORDINANCE NO. ~ 3 ~ I q'~ ~
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 AMENDED,
BY GRANTING A SPECIFIC USE PERMIT FOR THE
PACKAGING OF ALCOHOLIC BEVERAGES AT 7204 ELM
STREET, SUITE //105, LOCATED EAST OF ELM STREET
AND SOUTH OF EAST LAKE HIGHLANDS, IN THE
COLONY AND ZONED LIGHT COMMERCIAL "LC'
ZONING DISTRICT CLASSIFICATION; REQUIRING
COMPLIANCE WITH A FLOOR PLAN ATTACHED
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 ($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; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Deb Lee Enterprises acting as authorized agent for the property situated at
7204 Elm Street, Suite #105, and located east o£Elm Street and south of East Lake Highlands, in
The Colony, filed an application with the Planning and Zoning Commission requesting a Specific
Use Permit to package alcoholic beverages inside an existing building, 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, 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 a denial of this case to the City Council; and
WHEREAS, after due deliberations and consideration of the recommendation of the
Planning and Zoning Commission, the City Council 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:
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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. 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. A Specific Use Permit is approved for the packaging of alcoholic beverages
inside an existing building situated at 7204 Elm Street, Suite #105, and located
east of Elm Street and south of East Lake Highlands, in The Colony, Denton
County, Texas. The said tract is zoned Light Commercial "LC" zoning district
classification.
B. The use and operation of the said packaging facility is subject to the following
conditions:
1. No on-premise consumption of alcoholic beverages is permitted.
2. No retail sales of alcoholic beverages is permitted.
3. The floor plan and building layout for the proposed use is subject to health plan
reviews for compliance with health and sanitation codes.
4. All state and federal licensing and permits must be in place before a Certificate
of Occupancy is issued.
5. All deliveries and pickups shall be between the hours of 6:00 a.m. and 7:00
p.m.
Section 3. Zoning map. The Director of Planning and Development is hereby directed
to mark and indicate on the official Zoning District Map of the City to reflect the zoning change
herein made.
Section 4. ~ulations. In all respects the said tract and all development
thereon shall be subject to the standards, terms and conditions of the approved Floor Plan, all
applicable regulations contained in the Comprehensive Zoning Ordinance, and all other applicable
and pertinent ordinances and regulations of the City.
Section 5. 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 the community.
Section 6. 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 7. 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,
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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 8. 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 9. Effective date. This Ordinance shall become effective from and after its date
of adoption and publication as provided by law.
PASSEDo~.ND APPROVED by the City Council
the ['~/ day of~ht.~ ~_4/ , 2003 of the City of The Colony, Texas this
2~ n Dillard, Mayor
ATTEST: City of The Colony, Texas
Patti Hicks, City Secretary'
City of The Colony, Texas
A PPROV~~ FORM: