HomeMy WebLinkAboutOrdinance No. 2010-1857CITY OF THE COLONY, TEXAS
ORDINANCE NO. 10- 1 T _ f Z
AN ORDINANCE OF THE CITY COUNCIL 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 BUSINESS PARK (BP) TO BUSINESS PARK-SPECIFIC USE
PERMIT (BP-SUP) TO ALLOW THE SALE OF BEER AND WINE FOR
OFF-PREMISE CONSUMPTION ON APPROXIMATELY 78,495.12
SQUARE FEET OR 1.802 ACRES OF PROPERTY GENERALLY
LOCATED AT 5297 S.H. 121, THE COLONY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AND OR DEPICTED IN EXHIBIT
A, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING A REPEALER 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 frill 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.
SUP10-0002 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
Business Park (BP) to Business Park-Specific Use Permit (BP-SUP) to allow sale of beer and
wine for off-premise consumption use on approximately 78,495.12 square feet or 1.802 acres of
property generally located at 5297 S.H. 121, The Colony, Texas, and being more particularly
described and or depicted in Exhibit A, which is 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.
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. That 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.
DULY PASSED by the City Council of the City of
day of August, 2010.
Joe
ATTEST:
e~
sChristie Wilson, City Secretary
APPROVED AS TO FORM:
Jiff Mme, City Attorney
A-'l An -1-e-
Colony, Texas, this the
2
Exhibit A
Legal Description and/or Depiction
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Subject Property
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A.
Subject Property
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