HomeMy WebLinkAboutOrdinance No. 938 ORIGINAL
PLANNING DEPARTMENT SPECIAL USE PERMIT NO. 57
City of The Colony DEVELOPMENT NAME: Los Reyes Taqueria
AN ORDINANCE OF THE CITY OF THE COLONY AMENDING ITS
COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING SPECIAL
USE PERMIT NUMBER 57; PROVIDING FOR THE SALE OF BEER AND
WINE iNCIDENTAL TO A RESTAURANT UPON PROPERTY CURRENTLY
ZONED FOR THE (SC) SHOPPING CENTER DISTRICT LOCATED WEST OF
THE SOUTHWEST INTERSECTION OF PAIGE ROAD AND S. COLONY
BOULEVARD, AND MORE SPECIFICALLY AT 5204 S. COLONY
BOULEVARD, SUITE 370; AMENDING THE OFFICIAL ZON1NG MAP; AND
PROVIDING FOR A PENALTY, SAVINGS, SEVEKABILITY, AND AN
EFFECTIVE DATE.
WHEREAS, at its regular meeting held on the 23rd day of July, 1996, the Planning and Zoning
Commission did consider and make recommendations on a certain request for a Special Use Permit
(Case No. 07-96SUP1).
WHEREAS, the City Council, after determining all legal requirements of notice and hearing have
been met, has further determined the following amendment to the zoning laws would provide for and
would be in the best interest of the health, safety, morals, and general welfare:
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF THE COLONY,
TEXAS:
Section 1.
That Special Use Permit 57 is hereby established for a certain 1,380 square foot lease space on a
5.056 acre tract of land located west of the southwest intersection of Paige Road and S. Colony
Boulevard, situated on Tract B of the Colonly Square Shopping Center Addition and more
specifically described on the attached Exhibit A, providing for the following use:
Sale of Beer, Wine and Liquor Incidental to a Restaurant
Section 2.
That development shall be in conformance with the Site Plan, attached hereto as Exhibit B.
Section 3.
That development shall be in accordance with the following special conditions, restrictions, and
regulations:
01.95,0g/sup.ord./0796SUP 1 Page 1
1. The sale of beer and wine for on-premise consumption in conjunction with a restaurant
only.
2. If the business located at 5204 S. Colony Boulevard, Suite 370 is not operational by
February 19, 1997, a request for an extension ot~ 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 and be effective on and after its adoption.
PASSED AND APPROVED this the 19th day of August, 1996.
CITY OF THE COLONY
By: ~
Dillard, Mayor Pro-rem
Page 2
ATTEST:
Patti A. Hicks, TRMC,
City Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City Attorney Samuel D. Chavez ----..__o --
City Planner
01.95.0g/sup.ord./O796SUP 1 Page 3