HomeMy WebLinkAboutOrdinance No. 97-976PLANNING DEPARTMENT SPECIFIC USE PERMIT NO. 64
City of The Colony DEVELOPMENT NAME: Fresh 'n Lite
ORDINANCE
AN ORDINANCE OF THE CItY OF THE COLONY AMENDING ITS
COMPREHENSIVE ZONING ORDINANCE AND ESTABLISHING SPECIFIC
USE PERMIT NUMBER 64; PROVIDING FOR THE SALE OF BEER AND
WINE INCmENTAL TO A RESTAURANT UPON PROPERTY CURRENTLY
ZONED PLANNED DEVELOPMENT 11 FOR THE (GR) GENERAL RETAIL
DISTRICT LOCATED EAST OF THE NORTHEAST INTERSECTION OF F. M.
423 AND STATE HIGHWAY 121; AMENDING THE OFFICIAL ZONI2qG MAP;
AND PROVIDING FOR A PENALTY, SAVINGS, SEVERABILITY, AND AN
EFFECTIVE DATE.
W-'-IEREAS, at its regular meeting held on the 13th day of May, 1997, the Planning and Zoning
Commission did consider and make recommendations on a certain request for a Specific Use Permit
(Case No. 05-97SUP2).
WHEREAS, the City Council, after determining all legal requirements of notice and hearing have
been met, has thrther 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 Specific Use Permit 64 is hereby established for a certain 1.06 acre tract of land located east of
the northeast intersection ofF. M. 423 and State Highway 121, situated on Lot 3B, Block 1 of the
Colony P!a?~ Addition and more specifically described on the attached Exhibit A, providing for the
following use:
Sale of Beer and Wine/ncidental to a Restaurant
Section 2.
That development shall be in conformance with the Site Plan, attached hereto as Exhibits B and C
and D.
01.95.0g/sup.ord./0597SUP2 Page 1
Section 3.
That development shall be in accordance with the following special conditions, restrictions, and
regulations:
1. The sale of beer and wine for on-premise consumption in conjunction with a restaurant
only.
2. If the business located on Lot 3B, Block 1 of the Colony Plaza Addition is not operational
by May 19, 1998, a request for an extension of this Specific Use Permit shall be required.
3. The sale of beer and wine shall not be permitted through the drive-thru window.
4. Install stop signs on the east and west side of the parallel drive isle adjacent to SH 121.
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. That Ordinance No. 881, as amended, shall remain in full force
and effect, save and except as amended by this ordinance.
01.95.0g/sup.ord./0597 SUP2 Page 2
Section 8.
That this ordinance shall become and be effective on and after its adoption.
PASSED AND APPROVED this the 19th day of May, 1997.
CITY O~THE COLONY
Mary ~lair W,~ts
Mayor
ATTEST:
Patti A. Hicks, TRMC,
City Secretary
APPROVED AS TO FORM: APPROVED AS TO CONTENT:
City A. ttomey Samuel D. Chavez
City Planner
01.95.0g/sup.ord./O597SLrp2 Page 3