HomeMy WebLinkAboutOrdinance No. 08-1773
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 08-_1113
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 THE SALE OF BEER AND WINE FOR OFF
PREMISES CONSUMPTION ON PROPERTY LOCATED AT THE
NORTHWEST CORNER OF SOUTH COLONY BOULEVARD AND
PAIGE ROAD, COMMONLY KNOWN AS 5201 SOUTH COLONY
BOULEVARD, SUITE 696, AND BEING MORE P ARTICULARL Y
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.
SUP08-0006 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 off
premises consumption on property located at the northwest comer of South Colony Boulevard
and Paige Road, commonly known as 520 I South Colony Boulevard, Suite 696, 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:
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Zoning Case SUP08-0006
TM 29908.76.000
(A) That any and all licenses required by the state be maintained at all times. Failure to
maintain such license shall result in the removal of the Specific Use Permit granted
herein.
SECTION 3. That the Site Plan, which is attached hereto and incorporated herein as
Exhibit "B," be, and the same is, hereby approved.
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.
~~:~;;p by the City Council of the City of The Colony, Texas, this the
day of ~ ,2008.
APPROVED:
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CHRISTIE WILSON, ITY SECRETARY
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Zoning Case SUP08-0006
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, CITY ATTORNEY
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Zoning Case SUP08-0006
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Exhibit "A"
Lot 1 Block A Colony Square Shopping Center Sec. A
EXHIBIT "B"
Site Plan
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