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HomeMy WebLinkAboutOrdinance No. 02-1408 CITY OF THE COLONY, TEXAS ORDINANCE NO. O,~,- ]~fO$ AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY GRANTING A SPECIFIC USE PERMIT; PROVIDING FOR THE SALE OF BEER, WINE AND LIQUOR FOR ON-PREMISE CONSUMPTION IN A RESTAURANT SITUATED AT 5313 SOUTH COLONY BOULEVARD, AND LOCATED AT LOT ONE, BLOCK ONE, EBERHART ADDITION, IN THE CITY OF THE COLONY; AMENDING THE OFFICIAL ZONING MAP; PROVDING 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 PROVDING AN EFFECTIVE DATE. WHEREAS, the owner of the Herrera's Restaurant situated at 5313 South Colony Boulevard, and located at Lot 1, Block 1, Eberhart Addition; 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 Specific Use Permit is hereby granted to provide for the sale of beer, wine and liquor for on-premise consumption in a restaurant situated at 5313 South Colony Boulevard, and located at Lot 1, Block 1, Eberhart Addition, in the City of The Colony. A floor layout of the said restaurant is attached hereto and incorporated as Exhibit "A". Section 3. Applicable regulations. In all respects the Land, and all development thereon, shall be subject to the standards, terms and conditions of the Site Plan, all applicable regulations contained in the Comprehensive Zoning Ordinance, and all other applicable and persistent ordinances and regulations of the City. Section 4. 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 5. 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 6. 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 7. 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 8. Effective date. This Ordinance shall become effective from and after its date of adoption and publication as provided by law. ofPASSED~ (~AND~APPROVED2002 by the City Council of the City of The Colony, Texas this ~ day x Bernetta Henvill~-'Shanno-n ATT~t~~ ~ Mayor Patti A. Hicks, TRMC, City Secretary on Hike, ff~'~((orney Aooendix "A" EXHIBIT "A"