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HomeMy WebLinkAboutOrdinance No. 910 Om) CE NO. ~ O~~ O~ ~E C~ O~ ~E CO~ ~~G CO~N~ ZO~G O~D~C~ ~ ~T~~G SPEC~ USE PER~ ~ER 54; PROLOG FOR ~E OF BEER, ~ ~ ~QUOR ~C~E~ TO A ~STA~ UPON PROPER~ C~~Y ZO~D FOR ~ (SC) SHOPP~G CE~R DIS~ ~CA~D ~T OF F.M. 4~/~ S~ET, ON ~ NOR~ S~E OF SO~ ~ BOUI.EV~D, MO~ SPEC~CAII.Y AT 4~9 SO~ CO~ BO~.EV~, S~ 3~; ~~G ~ O~C~ ZO~G ~; ~D PROLOG FOR A PEN~, SA~GS, SE~~ E~~ DA~. ~~, at its re~l~ meeting held on ~e 14th day of November, 1995, the Pl~ng ~d Zo~g Comssion ~d co~ider ~d m~e reco~endafio~ on a cea~n request for Speci~ Use Pe~t (C~e No. ll-95SUP1); and ~~, the Ci~ Coundl, ~ter deter~ng ~1 leg~ requiremems of notice ~d he~g have been met, h~ M~her dete~ned the folloMng mendment to zo~g laws would pro.de for ~d would be in the best interest of the health, s~e~, mor~s, ~d gener~ welf~e: NOW, ~REFORE, BE ~ ORD~ED BY ~ COUNCIL OF ~ C~ OF ~E CO~, ~S: Section 1. ~at a Spe~ Use Pe~t 54 is hereby estab~shed for a cen~n 4,2~ square foot le~e space on a 1.~9 a~e tra~ of l~d located west of F.M. 4~/Main Street, on no~h side of South ~lony Boulev~d, situated ~ ~t 1, Block 1 of ~e Ma~ Ad~tion ~d more specifi~ly des~bed on the attached ~bit "A", prodding for the follo~g USe~ S~e of Beer, Wine and Hquor Incident~ to a Restaur~t Se~on 2. ~at development sh~ be in coffOm~ce ~th the Site Pla~ attached hereto ~bits "B" ~d "C". 0110 sup ~or z~o'~ Page 1 of 3 Section 3. That development shall be in accordance with the following special conditions, restrictions, and regulations: 1. Sale of beer, wine and liquor for on-premise consumption in conjunction with a restaurant only. 2. If the business located at 4649 South Colony Boulevard, Suite 300 is not operational by November 21, 1996, a request for an extension of this Specific Use Permit shall be required. Section 4. That the Official Zoning Map is hereby amended to reflect the action taken herein. Section 5. Penalty Clause That any person, firm or corporation violating a provision of this ordinance, upon conviction, is guilty of a misdemeanor and shall be subject to a fine in a sum not to exceed Two Thousand Dollars ($2,000.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 6. Severability Clause That the provisions of this ordinance, if held invalid or unconstitutional by a Court of competent jurisdiction, 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 the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 7. Savings Clause That Ordinance Number 61, otherwise known as the Comprehensive Zoning Ordinance, as amended, shall remain in full force and effect. Section 8. That this ordinance shall become effective on and after its adoption. Ordinanc~ No. ~/~) sup tot z~o,s Page 2 of 3 PASSED AND APPROVED this 20th day of November, 1995. William W. Mannin~ Mayor ATTEST: Patti A. Hic~'RMC, City Secretary APPROVED AS TO FORM: City At~/~tomey~"y~'~- Ordnance No. ~?/C) sca, eot z~o'~ Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION COMMENCING at the southeast comer of Lot 1, Block 1, Mays Addition, recorded in Cabinet K, Page 327 of the Map Records, Denton County, Texas being an addition to the City of The Colony, Texas. THENCE N 00°07'50" E approximately 40.0 feet for a comer; THENCE S 89° 52'44" W approximately 57.0 feet to the Point of Beginning; THENCE S 89° 52'44" W approximately 47.5 feet for a comer; THENCE N 00°07'50" E approximately 85.0 feet for a comer; THENCE S 89° 52'44" E approximately 68.0 feet for a comer; THENCE S 89052'44" W approximately 28.0 feet for a comer; THENCE S 89°52'44" W approximately 20.0 feet for a comer; THENCE S 00°0T50'' W appro~nately 57.0 feet to the Point of Beginning and containing approximately 4,200 square feet more or less.