HomeMy WebLinkAboutOrdinance No. 00-1213 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. O0-
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 LOCATED AT 4750 SOUTH COLONY
BOULEVARD, SUITE //120, AND SITUATED ON THE SOUTH EAST
CORNER OF SOUTH COLONY BOULEVARD AND MAIN STREET
AND BEING LOT 2, COLONY CORNERS ADDITION, 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 Smokestack BBQ Restaurant, located at 4750 South
Colony Boulevard, Suite #120, and being lot 2, Colony Comers 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 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 4750 South
Colony Boulevard, Suite #120, and being lot 2, Colony Comers Addition, in the City of The
Colony, as shown on the Site Plan attached hereto and incorporated herein as Exhibit "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. 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.
~SED ~N'I~APPRQVED by the City Council of the City of The Colony, Texas,
this ./7 z--'t day oCk ~ ~..,__ , 2000.
_PROVED: ~
"William W. Manning, Mayor
~ATT : .
Patti A. Hicks, TRMC, City Secretary
APPROVED AS TO FORM:
City Att~ne:~ '~~
EXHIBIT A
$1T~ PLAN
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Proposed °
Smokestack
BBQ Restaurant
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INITIAL~: TENANT :