HomeMy WebLinkAboutOrdinance No. 2011-1888CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2011-1888
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF THE COLONY, TEXAS, AS
HERETOFORE AMENDED, BY GRANTING A SPECIAL EXCEPTION
TO THE GATEWAY OVERLAY DISTRICT AUTHORIZING AN
ALTERNATIVE EXTERIOR MATERIALS FOR A NEW RESTAURANT
AND DRIVE-THROUGH ON PROPERTY GENERALLY LOCATED ON
THE WEST SIDE OF FM 423 (MAIN STREET) AND APPROXIMATELY
225 FEET NORTH OF SOUTH COLONY BOULEVARD, AND WHOSE
ADDRESS IS 5005 MAIN STREET, THE COLONY, TEXAS; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF
TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the City Council of the City of
The Colony, Texas, in compliance with the laws of the State of Texas, and the Code of Ordinances
of the City of The Colony, Texas, have given any requisite notices by publication and otherwise,
and have held due public hearings and afforded a full and fair hearing to all property owners
generally and to all persons interested, and the City Council of the City of The Colony, Texas, is of
the opinion and finds that that the Special Exception Application No. SE 10-_0003 for a restaurant
with drive through and whose exterior allows the alternate finishing material of stucco, generally
located at 5005 Main Street, The Colony, Texas, 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 findings set forth above are incorporated into the body of this
Ordinance as if fully set forth herein.
SECTION 2. 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 special exception to the
Gateway Overlay District, Sections 17-106.1 and 10A -900D.1 of the Code of Ordinances, on
property generally located at 5005 Main Street, The Colony, Texas, authorizing the use of stucco
as an alternate exterior material for a restaurant with drive through, as generally described and or
depicted in Exhibit A, which is attached hereto and incorporated herein for all purposes.
SECTION 3. That it is hereby declared to be the intention of the City Council of the
City of The Colony, Texas, that the phrases, clauses, sentences, paragraphs and sections of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been
enacted by the City Council without the incorporation of this Ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4. That any provision of any prior ordinance of the City whether codified or
uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the
extent of the conflict, but all other provisions of the ordinances of the City whether codified or
uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full
force and effect.
SECTION 5. 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 6. That this Ordinance shall become effective immediately upon its passage.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 15th day
of February , 2011.
?etcCo ,Mayor
ATTEST-
Christie Wilson, City Secretary
APPROVED AS TO FORM:
ie'q Moo , City Attorney
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ExhibitA
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ATTACHMENT 2 S Colony Blvd
LOCATION MAP
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Project No. SE10-0003 - Project Name: Taco Bell N
This map was generated by GIS data provided by The Cdony GIS Department. The City The Colony does not guarantee the correctness or
.curacy of any features on this map. These digital products are for Ihebation purposes only and are not suitable for site-specific decision makino. S
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North Elevation
South Elevation
Front Elevation
Proposed Elevations