HomeMy WebLinkAboutOrdinance No. 00-1175 ORI$1NAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. O0-J/7_,~
AN ORDi'NANCE OF THE CITY OF THE COLONY, TEXAS
AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY
GRANTING A SPECIFIC USE PERMIT NUMBER 76;
PROVIDING FOR THE SALE OF BEER, WINE AND LIQUOR
FOR ON-PREMISE CONSUMPTION IN A RESTAURANT
LOCATED AT LOT 2, BLOCK A, LAGO VISTA ADDITION, IN
THE CITY OF THE COLONY; AMENDING THE OFFICAIL
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
DUR_FNG OR ON WHICH A VIOLATION OCCURS OR
CONTINLrES; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the owner of the tract of land, generally described as a 1.875 acres being
Lot 2, Block A, Lago Vista 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 Number 76 is hereby granted to provide for the
sale of beer, wine and liquor for on-premise consumption in a restaurant located on a 1.875
acre tract of land being Lot 2, Block A, Lago Vista Addition, in the City of The Colony, as
shown on the Site Plan attached hereto and incorporated herein ~is Appendix "A". Any
patio and or decks attached to the restaurant shall be considered a part of the said restaurant
for the purposes of this ordinance.
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 w/th a view of conserving the value of the buildings and encouraging the
most appropriate use of land w/thin 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 w/th the provisions of this Ordinance.
Section 6. Penalty. It shall be unlawful for any person to violate any provision of th.is
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. Severabiliw. 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. Th/s Ordinance shall become effective fi.om and al~er 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,~X~day
ATTEST: / Mayor Bill Man'fling
~,P~a~i A.,....~C:~,~,~s, TRMC, City Secretary
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