HomeMy WebLinkAboutOrdinance No. 04-1562 CITY OF THE COLONY, T_EXA~S
ORDINANCE NO. ~) ~12_./,~ ~, ~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY
GRANTING A SPECIFIC USE PERMIT PROVIDING FOR AN
EATING PLACE WITH THE SALE OF BEER, WINE AND
LIQUOR FOR ON-PREMISE CONSUMPTION, LOCATED AT
4649 SOUTH COLONY BOULEVARD, SUITE #300, AND
SITUATED ON THE NORTHWEST CORNER OF SOUTH
COLONY BOULEVARD AND MAIN STREET, IN THE CITY OF
THE COLONY; AMENDING THE OFFICIAL ZONING MAP;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) FOR EACH OFFENSE; A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED UPON EACH DAY DURING
OR ON WHICH A VIOLATION OCCURS OR CONTINUES;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the owners of the property located at 4649 South Colony Boulevard,
Suite #300, filed an application with the City of The Colony, Texas (the "City") Planning
and Zoning Commission requesting a Specific Use Permit for an eating place, with
beer, wine or liquor for on-premise consumption under Section 10-900 of the
Comprehensive Zoning Ordinance of the City, the same being Appendix A-Zoning of
the City's Code of Ordinances as amended; and
WHEREAS, after public notices were given in compliance with State law and
public hearings were conducted, and after considering the information submitted at
the said public hearings and all other relevant information and materials, the Planning
and Zoning Commission of the City has recommended to the City Council the
granting of the Specific Use Permit; and
WHEREAS, after due deliberations and consideration of the recommendation
of the Planning and Zoning Commission, the City Council has in its legislative
discretion concluded that the granting of the Specific Use Permit, is in the best
interests of the City of The Colony, Texas, and of the public health, safety and
welfare.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section '1. Incorporation of premises. The above and foregoing premises are
true and correct and are incorporated herein and made a part hereof for all purposes.
Section 2. That a Specific Use Permit is hereby granted to provide for an
eating place with the sale of beer, wine and liquor for on-premise consumption,
located at 4649 South Colony Boulevard, Suite #300, in the City of The Colony
subject to the following special conditions and stipulations.
1. The sale of beer, wine, liquor, dancing and entertainment shall be
incidental to the serving of food.
2. The City of The Colony shall have the right to require the holder of the
license or permit from the Texas Alcoholic Beverage Commission ("TABC")
to provide on request that gross receipts of the business in order to
determine compliance with any license or permits held under state and/or
local ordinances.
3. The City of The Colony shall revoke the Certificate of Occupancy and
the Specific Use Permit ("SUP") for non-compliance with this ordinance and
other applicable City Ordinances.
4. The City shall revoke the Certificate of Occupancy if the owner/operator
fails to maintain and post a current Food and Beverage Certificate or
license as required by TABC.
5. That the business be operated in accordance with the Floor Plan
for the said restaurant with a dance floor and performance stage for
entertainment as depicted on Appendix "A," which is attached hereto
and incorporated herein by reference.
Section 3. Purpose. The granting of the Specific Use Permit has been made in
accordance with the Comprehensive Plan of the City for the purpose of promoting the
health, safety and welfare of the community, and with consideration of the reasonable
suitability for the particular use and with a view of conserving the value of the buildings
and encouraging the most appropriate use of land within the community.
Section 4. Savings. This Ordinance shall be cumulative of all other ordinances
of the City affecting the regulation of land and zoning and shall not repeal any of the
provisions of those ordinances except in those instances where the provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance.
Section 5. Penalty. It shall be unlawful for any person to violate any provision
of this Ordinance, and any person violating or failing to comply with any provision
hereof shall be fined, upon conviction, in an amount not more than Two Thousand
Dollars ($2,000.00), and a separate offense shall be deemed committed each day
during or on which a violation occurs or continues.
Section 6. Severability. The sections, paragraphs, sentences, phrases,
clauses and words of this Ordinance are severable, and if any section, paragraph,
sentence, phrase, clause or word in this Ordinance or application thereof to any person
or circumstance 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 that it would have passed such remaining portions of
this Ordinance despite such invalidity, which remaining portions shall remain in full
force and effect.
Section 7. Effective date. This Ordinance shall become effective from and
after its date of adoption and publication as provided by law.
PASSED AND APPROVED by the City Council of the City of The Colony, Texas, this
_.~.? day of ~ ,2004
,~hn Dillard, Mayor
(/City of The Colony
AT.-~' E 8~T:
'~st~ Wil~m Cit~ 8~'cret~r~ -
APPROVED...A~ T9 FO~M:
Robert E. Hag~,.Gf[y Attorney
(REH/cdb [revise~[~f~7/04] 65227)