HomeMy WebLinkAboutOrdinance No. 02-1349 CITY OF THE COLONY, TEXAS
ORDINANCE NO. 02
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE COMPREHENSWE ZONING ORDINANCE BY
GRANTING A SPECIFIC USE PERMIT PROVIDING FOR THE
SALE OF BEER, WINE AND LIQUOR FOR ON-PREMISE
CONSUMPTION IN A RESTAURANT 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 La Botticella Italian Restaurant, 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 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 the sale of beer,
wine and liquor for on-premise consumption in a restaurant located at 4649 South Colony
Boulevard, Suite #300, and situated on the Northwest comer of Main Street and South Colony
Boulevard, in the City of The Colony. The Floor Plan for the said restaurant is attached hereto
and incorporated herein as Appendix "A".
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. Severabilit¥. 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.
p~ASSED AND APPROVED by the City Council of the City of The Colony, Texas, this ~.~gday of
~.z~4_~-v, 2002
l~emetta Henville-Shannon
ATT/F~: ~~ Mayor
Patti A. Hicks, TRMC, City Secretary
APPROVED AS_ ~D FO~~ ~
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