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HomeMy WebLinkAboutOrdinance No. 161 ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, A~ENDING TIlE CO~P!qEHENSIVE ZONING ORDINANCE OF THE CITY OF THE COLONY EXHIBIT "A" OF ORDINANCE NO. 61 BY AMENDING THE DEFINITIONS, SECTION 50-301: ADDING AN E~CLUSION FOE THE SEI~VING OF BEER, WINE OR LICaUORS UNDElq DEFINITIONS 51 AND 54; AMENDING THE USE SCHEDULE, SECTION 10-205, TO PROVIDE FOR DEFINITIONS 50,52,53 AND 55 TO BE BY SPECIFIC USE PERMIT IN THE SHOPPING CENTER AND GENERAL -RETAIL DISTBICTS: AMENDING SUCH USE SCHEDULES TO PROVIDE THAT USES DESCRIBED IN DEFINITIONS 50,52,53 AND 55 SHALL BE PROHIBITED IN THE LIGHT COM~EIqCIAL, HEAVY C'O55MERCIAL, HEAVY COMMEtICIAL AND INDUSTRIAL DISTI~ICTS; AMENDING SECTION 10-209 TO Piq, OVIDE THAT A BEVERAGE STORE, DEFINITION 1 09, SHALL BE BY SPECIFIC USE PEEMIT IN THE NEIGHBOBHOOD SERVICE, SHOPPING CENTER AND ~-ENE!qAL ~ETAIL DISTiqICTS AND SHALL BE A PROHIBITED USE IN THE LIGIqT COM~E~CIAL AND INDUSTRIAL DISTRICTS; ADDING SECTION 10-916 PlqOVIDING ADDITIONAL CONDITIONS FOR THE APPROVAL OF A SPECIFIC USE PERMIT FO~ THE SAI,E OF BEER, WINE OR LI©UORS; REOUIRING PLATTING,; RE©UIRING AN E~ACT SITE PLAN OF THE PBOPERTY; REOUIRING ARCHITECTUtlAL }IENDEt~INGS OF THE BUILDING, S; REOUIRINC A LISTING OF ACTIVITIES IN THE FACILITY; PEOUI]~ING A P~OJECTED PERCENTAGE OF SALES FI~O~ ALCOHOLIC BEVERAGES AND FOOD; REOUIBING A LANDSCAPE PLAN; REOUII~INC AN INTERIOR LAYOUT PLAN; REOUIRING A SIGN PLAN; AND BEOUIRING A SPECIAL PERMIT FEE; PROVIDIN~ FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLA!~S ($200.00) FOR EACH OFFENSE; PBOVIDING A SEVEtlABILITY CLAUSE; AND PtlOVIDING AN EFFECTIVE DATE. WHEREAS, the Plannin~ and Zoning Commission of the C~ty of The Colony, and the City Conncil of the City of The Colony, ~n compliance with the lav~s of the State of Texas and wJth the provisions of the Comprehensive Zoning Ordinance of the City of The Colony, have given the reqllJsite notices by pobIieation and otherwise and have held due hearings and afforded a full and fair hearing to all property owners generally and to the persons interested and situated in the affected area and in the vicinity thereof, and after such hearings, the governing body of the City of The Co]on~ is of the opinion that the Zoning Ordinance should be amended, NO!~, THEREFOT~E, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TIlE COLONY TEXAS: SECTION ]. That the Comprehensive Zoning Ordinance of the City of The Colony, Texas, heretofore adopted as Exhibit "A" to Ordinance No. 6] of the City of The Colony, be, and the same is hereby, amended by amending Section 10-301(5] ), to read as follows: "10-30](51) Eating Place With Drive-In Service: An establishment offering ~'ood for sale to customers in automobiles and wherein the food service is to the automobile, but wbieb does not include the serving of beer, wine or ]i(]uors." SECTION 2. That Section ]0-301(54) is amended to read as follows: "10-301(54) Eating. Place With Dancing or Entertainments: An establishment the primary activity of which is the sale and service of food or beverage to customers and which incidentally may offer music, entertainment or facilities for dancing b.v patrons, but whieb does not include the serving of beer, wine or liquors." SECT{ON 3. That Section ]0-205 is amended by amending the "Schedule of Uses by District" to provide that a Bar, Lounge or Tavern (50); Eating P]aee with Drive-Through Service (52): Eating Place with Beer, Wine or Liouo~s (53); and Private Club with Dining and/or Bar Service (55), shall be by a Specific Use Permit in the Shopping Center and General ]~etai] districts, and shall be Prohibited Uses in the Lia'ht Commercial, Heavy Commercial and Industrial districts. SECTION 4. That Section 10-209 is amended by providing that the "Schedl~]e of Uses by District" for Beverage Store (109/ shal] be permitted by SDecific Use Permit in the Neighborhood Service, Shopping Center and Oeneral Retail districts and shall be a Prohibited Use in the Light Commercial, Heavy Commercial and Industria! districts. SECTION 5. That the ComDrehensive Zoning'_ Ordinance is further amended b~ adding thereto Section ]0-916 under "Conditions for Approval of a Specific Use Permit," such Section to read as foUows: "Section 10-916. In considering and determining its recom- mendation to the City Collneil relative to any application for a Specific Use Permit for any use involving the sale, serving or distribution of beer, wine or liquors, the City staff and the Planning and Zoning Commission shall require that the property must be in an a]read,v established sub- division or must be platted as part of the aeve]opment process prior to the granting of the permit. Plans sub- mitted must include: (1) An exact artist's rendering of the proposed building, which shows initial ]and- seaping, signs, and other important features. (2) An architect's elevations of the front and sides of the building. (3) A site plan drawn to sea]e, showing all parking, landscaped areas, sign locations, ingress and egress and other important features. {4) An exact description of the type of signinF, proposed at the site. (5) A narrative description of the planned activities in the establishment, particularly the projected breakdown of revenues bet,~een food sales and liquor sales. (6) An interior layout of the building' showing proposed wails, bay, eating areas, kitchen, etc. The cost of the application for a Specific Use Permit will be $ /(~O, (~r(~ smd such fee will be non-refundable, even if the ease is withdrawn by the applicant. The provisions of this Section shall apply to any of the uses contemplated in definitions 50,52,53,55 and !09 in Section 10-301 of this ordinance, should such uses be applied for in a planned development district." SECTION 6. Any person, firm or corporation violating any of the pvovfsians or terms of this ordinance or of the Comprehensive Zoning Ordinance of the City as amended hereby, shall be subject to the same pens]tv as provided for in the Comprehensive Zoning Ordinance and upon eonvlction in the ]~unicipal Court of the City of The Colony, shall be punished by a fine not to exceed the sum of Two Hundred Dollars ($200.00) for eaeb offense, and each and everv day sneh of~'ense sba]] continue shall be deemed to constitute a separate offense. SECTION 7. That a]l ordinances of the City of The Colony in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other provisions of the ordinances of the City of The Colony not in conflict with the provisions of this ordinance shall remain in fu]] force and effect. SECTION 8. Should any section, paragraph, sentence or clause of this ordinance be held or determined to be unconstitutional or invalid for any reason, such declaration shall not affect the remaining portions of this ordinance or the amendments enacted hereby, and the same ape declared to be seve,ab]e. SECTION 9. This ordinance shall take effect immediately from and after its passage and the publication of the caption as the ]aw and charter in such cases provide. O~X~I~XXXXXXXXXl~I~Xk~KXXXXXXXXXXXXXXXXXX~ X~XXXXXX THIS OI~DINANCE WAS DULY PASSED X~]~XX~:(~KX~]~]~Iik!(~ ON TFE g DAY of , lg / . ATTEST: ~IT~ BECRETAI~¥ APPROVED AS TO LEGALITY OF THE FORM: CITY ATTORNEY