HomeMy WebLinkAboutOrdinance No. 2012-1958
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 2012-1958
SPECIAL EXCEPTION
TO THE ARCHITECTURAL STANDARDS OF THE
GATEWAY OVERLAY DISTRICT for THE ICE HOUSE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, APPROVING A SPECIAL EXCEPTION FOR THE
USE OF STUCCO/EIFS AS AN ALTERNATE EXTERIOR MATERIAL,
FOR THE ICE HOUSE, ON PROPERTY GENERALLY LOCATED ON
THE NORTHEAST CORNER OF FM 423 (MAIN STREET) AND SOUTH
COLONY BOULEVARD, AND WHOSE ADDRESS IS 5000 MAIN STREET,
THE COLONY, TEXAS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALER CLAUSE; 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 frill 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 Special Exception Application No. SE12-0002 for the Ice House,
generally located at 5000 Main Street, is approved.
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 City Council of the City of The Colony, Texas, does hereby
approve the Special Exception for the use of stucco or EIFS as an alternate exterior material.
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.
1
SECTION 5. 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 5"' day
of June , 2012.
J e McCou - , Mayor
ATTEST:
Christie Wilson, City Secretary
7
APPROVED AS TO FORiVI: i
VJ-
Jeff Moore City Attorney ~~2