HomeMy WebLinkAboutOrdinance No. 03-1466 CITY OF THE COLONY. TEXAS
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; 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 owner of the Tres Amigos 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. Incorooration 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 floor layout, 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
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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.
PASSED~,AND APPROVED by the City Council of the City of The Colony, Texas this
day of /~L~~ ,2003
APPROVED: /~
~atfi A. Hicks, TRMC, City Secretary
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