HomeMy WebLinkAboutOrdinance No. 06-1680
THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 06-1680
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 "PD-12"
(PLANNED DEVELOPMENT-12) TO PD-12-SUP (PLANNED
DEVELOPMENT-12-SPECIAL USE PERMIT) TO PERMIT A
REST AURANT WHICH WILL SELL BEER, WINE AND/OR LIQUOR
FOR ON-PREMISE CONSUMPTION TO BE LOCATED IN AUSTIN
SQUARE AT THE SOUTHWEST CORNER OF WINDHA VEN AND
SAINTSBURY DRIVE WEST, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A", WHICH IS ATTACHED HERETO AND
INCORPORATED HEREIN FOR ALL PURPOSES; 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.
SUP06-0003 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 "PD-12" (Planned Development-12) to PD-12-SUP (Planned Development-12-Special Use
Permit) to permit a restaurant which will sell beer, wine, and/or liquor for on-premise
consumption to be located in Austin Square at the Southwest comer of Windhaven and
Saintsbury Drive West, and being more particularly described Exhibit "A," attached hereto and
incorporated herein for all purposes.
SECTION 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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.
DUL Y PASSED by the City Council of the City of The Colony, Texas, this the 21 st day of
August, 2006.
APPROVED:
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EXHIBIT" A"
(Property description)
The property is described as the Towncenter, Lot 3R, Block B, of the Austin Ranch, Phase III.
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