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HomeMy WebLinkAboutOrdinance No. 2015-2177 CITY OF THE COLONY,TEXAS ORDINANCE NO. ZuX5 -2fl1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, AMENDING PLANNED DEVELOPMENT 25 OR GRANDSCAPE PLANNED DEVELOPMENT ORDINANCE, ORDINANCE NO. 2011-1927, BY AMENDING EXHIBIT C, "DEVELOPMENT REGULATIONS" BY ADDING SUB-SECTION "0. LIVE OUDOOR MUSIC" TO SECTION XIV. MISCELLANEOUS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY 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 the requisite notices by publication and otherwise, and have held due 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 said changes should be granted, and that the Code of Ordinances should be amended. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS: SECTION 1. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That Exhibit C, of Planned Development 25 or Grandscape Planned Development, Ordinance No. 2011-1927, is hereby amended by adding Sub-Section "0" to Section XIV. Miscellaneous as follows: O. Live Outdoor Music — Live outdoor music will be permissible during peak hours (defined as Monday through Thursday after 6 p.m. till 11 p.m., Friday, Saturday, Sunday, and Holidays after 11:00 a.m., and not to be performed after 1 a.m.). Music performances are not to exceed 95 dB at a distance of 330 feet. Music performance venues will be located within Lots 1, 2R, 3, Block D of Grandscape Addition Phase II, and Lot 3, Block A, of Grandscape Addition Phase II within PD-25. SECTION 3. If any section, article paragraph, sentence, clause, phrase or word in this Ordinance,or application thereto any persons or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this Ordinance; and the City Council hereby declares it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. 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 amended, repealed, and all other provisions of the Ordinances of the City not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Any person, firm, or corporation violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the City of The Colony, Texas, shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Every day a violation occurs shall constitute a separate offense. SECTION 6. This Ordinance shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY,TEXAS,THIS 17th day of November,2015. bG G J e McCou , Mayor ATTEST: A OF T� '-z Christie Wilson, City Secretary a`G APPROVED AS TO FORM: 111.4 Jeff Moore City Attorney , EX,,, ,A,,III ,,��' Page 2