HomeMy WebLinkAboutOrdinance No. 08-1760
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-1760
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 ON
PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES AT A
RESTAURANT LOCATED AT THE NORTHEAST CORNER OF MAIN
STREET AND SOUTH COLONY, 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 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. SUP08-0004
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 on premise dispensing for on
premises consumption at a restaurant located at the northeast comer of Main Street and South
Colony, 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 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, and the following special conditions:
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.
SUP08-0004
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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 19th day of
Mav.2008.
APPROVED:
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CHRISTIE WILSON, CITY SECRETARY
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ROBERT E. HAGER, CI
(REH/cdb 05/12//08)
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SUP08-oo04
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EXHIBIT "A"
Property Description
Lot 3R Colony Park Shopping Center
SUP08-0004
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EXHIBIT B
Location Map
SUP08-0004
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SITE
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