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HomeMy WebLinkAboutOrdinance No. 05-1597 CITY OF THE COLONY, TEXAS ORDINANCE NO. 05 - 1597 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE AND MAP BY GRANTING A CHANGE IN ZONING FROM "SC" (SHOPPING CENTER) TO "SC-SUP" (SHOPPING CENTER WITH A SPECIFIC USE PERMIT) TO ALLOW FOR THE OPERATION OF A RESTAURANT WITH THE SALE OF BEER, WINE AND LIQUOR FOR ON-PREMISE CONSUMPTION, LOCATED AT 4649 SOUTH COLONY BOULEVARD, SUITE #300, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR SPECIAL CONDITIONS; PROVIDING FOR THE APPROVAL OF THE FLOOR PLAN, WHICH IS ATTACHED HERETO AND INCORPORATED HEREIN AS EXHIBIT "B"; 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 property 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 for an eating place, with beer, wine or liquor for on-premise consumption 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: -1- 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 the Comprehensive Zoning Ordinance and Map of the City of The Colony, Texas, duly passed by the governing body of the City of The Colony, Texas, as heretofore amended, be and the same is hereby amended to grant a change in zoning from "SC" (Shopping Center) to "SC-SUP" (Shipping Center, Specific Use Permit) to allow for the operation of a restaurant with the sale of beer, wine and liquor for on-premise consumption, located at 4649 South Colony Boulevard, Suite #300, and being more particularly described in Exhibit "A", which is attached hereto and incorporated herein by reference. Section 3. That the Specific Use Permit is hereby granted to allow for the operation of a restaurant with the sale of beer, wine and liquor for on-premise consumption, located at 4649 South Colony Boulevard, Suite #300, in the City of The Colony subject to the following special conditions and stipulations. 1. That the property shall be developed in accordance with the approved floor plan, attached hereto and made a part hereof. 2. That the City of The Colony shall revoke the Certificate of Occupancy and the Specific Use Permit ("SUP") for non- compliance with this ordinance and other applicable City Ordinances. 3. That the City shall revoke the Certificate of Occupancy if the owner/operator fails to maintain and post a current Food and Beverage Certificate or license as required by the Texas Alcoholic Beverage Commission. Section 4. That the Floor Plan, attached hereto as Exhibit "B" and made a part hereof for all purposes, is hereby approved. Section 5. 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 6. Savinqs. 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 -2- provIsions of those Ordinances are in direct conflict with the provisions of this Ordinance. Section 7. 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 8. 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 9. 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 20th day of June, 2005. ATTE~d~ UJ~ ~ristie Wilson, City Secretary n Dillard, Mayor The Colony APPROVED AS TO FORM: /s/ -3-