HomeMy WebLinkAboutOrdinance No. 06-1683
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 06-~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE AND MAP OF THE
CITY OF THE COLONY, TEXAS, AS HERETOFORE AMENDED, BY
GRANTING A CHANGE IN ZONING FROM "BP" (BUSINESS PARK) TO
BP-SUP (BUSINESS PARK-SPECIAL USE PERMIT) TO PERMIT A
RESTAURANT WHICH WILL SELL BEER, WINE AND/OR LIQUOR
FOR ON-PREMISE CONSUMPTION TO BE LOCATED ON A 2.6125
ACRE TRACT LOCATED AT THE NORTHEAST CORNER OF STATE
HIGHWAY 121 AND MARKET STREET AND BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED
HERETO AND INCORPORATED HEREIN FOR ALL PURPOSES;
PROVIDING FOR SPECIAL CONDITIONS; PROVIDING A REPEALING
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO
EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Planning and Zoning Commission and the governing body of the
City of The Colony, Texas, in compliance with the laws of the State of Texas and pursuant to the
Comprehensive Zoning Ordinance of the City of The Colony, have given requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally, and to all persons interested and situated in the affected area and in
the vicinity thereof, the said governing body is of the opinion that Zoning Application No. SUP06-
0001 should be approved, and in the exercise of legislative discretion have concluded that the
Comprehensive Zoning Ordinance and Map should be amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the Comprehensive Zoning Ordinance, Ordinance No. 61, and Map of
the City of The Colony, Texas, duly passed by the governing body of the City of The Colony,
Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning
from "BP" (Business Park) to BP-SUP (Business Park-Special Use Permit) to permit a restaurant
which will sell beer, wine, and/or liquor for on-premise consumption to be located on a 2.6125
acre tract located at the Northeast comer of State Highway 121 and Market Street and being more
particularly described Exhibit "A," attached hereto and incorporated herein for all purposes.
SECTION 2. That as a special condition, the applicant must submit to the City the site
plan, landscape plan, site lighting, and engineering plans and the same must be approved by the
City prior to the issuance of any permits.
SECTION 3. That the above property shall be used only in the manner and for the
purpose provided for by the Comprehensive Zoning Ordinance of the City of The Colony, as
heretofore amended and as amended herein.
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SECTION 4. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other
provisions not in conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 5. That should any sentence, paragraph, subdivision, clause, phrase or section
of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole, or any part or provision thereof other than the part
so decided to be unconstitutional, illegal or invalid, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 6. An offense committed before the effective date of this ordinance is
governed by prior law and the provisions of the Comprehensive Zoning Ordinance, as amended, in
effect when the offense was committed and the former law is continued in effect for this purpose.
SECTION 7. That any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive
Zoning Ordinance of the City of The Colony, as heretofore amended, and upon conviction shall be
punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense;
and each and every day such violation shall continue shall be deemed to constitute a separate
offense.
SECTION 8. That this ordinance shall take effect immediately from and after its passage
and the publication of its caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 21st day of
August, 2006.
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CRR TIE WILSON, CITY SECRETARY
TY ATTORNEY
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EXHIBIT" A"
(Property description)
The 2.6125-acre tract has been approved by the Planning and Zoning Commission as Lot 1,
Block A, Texas Roadhouse Addition.
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