HomeMy WebLinkAboutOrdinance No. 08-1749
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1749
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 SHOPPING
CENTER (SC) TO SHOPPING CENTER-SPECIFIC USE PERMIT (SC-
SUP) TO ALLOW FOR THE SALE OF ALCOHOL FOR ON PREMISE
CONSUMPTION ONLY AT THE NORTHEAST CORNER OF SOUTH
COLONY BOULEVARD AND MAIN STREET, COMMONLY KNOWN
AS 5000 MAIN STREET, AND BEING MORE PARTICULARLY
DESCRIBED IN EXHIBIT "A" AND DEPICTED ON EXHIBIT "B,"
WHICH ARE ATTACHED HERETO AND INCORPORATED HEREIN;
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.
SUP07 -0006 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 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
Shopping Center (SC) to Shopping Center-Specific Use Permit (SC-SUP) to allow for the sale of
alcohol for on premise consumption only at the northeast comer of South Colony Boulevard and
Main Street, commonly known as 5000 Main Street, and being more particularly described in
Exhibit "A" and depicted on Exhibit "B," which are attached hereto and incorporated herein.
SECTION 2. That the property shall be used and developed in accordance with the
Special Conditions as set forth herein which are as follows:
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Zoning Case SUP 07-0006
TM 23935.76.000
1. That the owner or operator shall maintain the appropriate club permit or
license issued by the State of Texas to dispense alcoholic beverages for on-
premise consumption only.
2. That the hours of operation shall be maintained in accordance with the state
license.
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
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.
DUL Y PASSED by the City Council of the City of The Colony, Texas, this the 21st day
of January, 2008.
APPROVED:
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Zoning Case SUP 07-0006
TM 23935.76.000
ATTEST:
(!~[~
Christie Wilson, City Secretary
Robert E. Hager, City Att
(REH/cdb 01/14/08)
Zoning Case SUP 07-0006
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TM 23935.76.000
Exhibit A
Lot 3R, Block 1, The Colony Shopping Center Addition
EXHIBIT B
LOCA TION MAP
SITE
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