HomeMy WebLinkAboutOrdinance ORDINANCE NO. 2937
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE",
SECTION 3.13, "DEVELOPMENT REVIEW PROCEDURES, CONDITIONAL USE
PERMIT", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION,
TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN
PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY, AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "Unified Development Ordinance", Section 3.13, "Development
Review Procedures, Conditional Use Permit", of the Code of Ordinances of the City
of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and
made a part of this ordinance for all purposes.
PART 2: That any person, firm or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 20th day of November 2006.
TEST: APPROVED:
Connie Hooks, ity Secretary Ben White, Mayor Pro Tem
APPROVED:
City Attorn /
ORDINANCE NO. 2937 PAGE 2 OF 2
EXHIBIT "A"
That the Official Zoning Map of the City of College Station, Section 3.13, "Development Review
Procedures, Conditional Use Permit", of Chapter 12, "Unified Development Ordinance", is
hereby amended as follows:
That a Conditional Use Permit is hereby granted for a nightclub as provided for in
Chapter 12, "Unified Development Ordinance", Section 3.13, "Development
Review Procedures, Conditional Use Permit", of the Code of Ordinances of the
City of College Station. The property located at 1741 University Drive is granted
a Conditional Use Permit for a night club with an outdoor seating area and
entertainment attractions such as live and recorded indoor music.
Conditions to the Conditional Use Permit:
1. Provide landscaping of a minimum of 2.5' in height or a decorative wrought-iron fence to
provide a physical separation between the outdoor seating area and the parking lot.
shall, excepcauruig iCaouuwN in Center, and
evenings)the public forbbusiness with ad Landlord from equate ltime totime as store hours for the Shopping established reasonak )y in Center generally is open to public for business (including
other hours when the Shopping of the retail
duringtany in season prior to Christmas and whenever else the majority
extended hours during the shopping except to the extent Tenant may be
tenants in the Shopping Center open for business during extended hours),
prohibited from bein open for business by applicable law, or ordinance or governmental regulation.
g
and
8.2 Theuder ed hePremises may be used only for the purpose or purposesispecified is not Section
1(o above,
only
under the trade emLandlord),inSection for no lotherabove
purpoose lf and under no other trade dname e without
name approved in advance by Landlord,
),
nly, it
the prior written consent of Landlord, Landlord agrees; however,rbitrarytmanner respect to the
will not withhold consent in a wholly unreasonably andwithin the Leased Premises
8.3 Tenant shall not,without Landlord's prior written consent, keep anything,
ost or
use the Leased Premises for any purpose which increases the insurance premium
All property kept,invalidates any
insuranceor
red,
policy carried on the LePremed Pse by Tenants shallparts
befat TenanShopping
s sole risk.
or maintained within the Leased bankruptcy, "going-
8.4 Tenant shall not conduct within the Leased purposees any fire,for this restriction i auction,
the maintenance
and
out-of-business", "lost-our-lease or similar sale applicable
in center image, not price regulation; therefore, Landlord agrees that items
maylbl
orst
first-class shopping as long as Tenant complies
on occasion be advertised as being sold, at discounted pricesin center.
laws and maintains an image consistent with a first-class shopping . actionable noises or odors to
t
mit any
8.5 Tenant without Landlord's writtei�ce orconsent
erm t tshall
ny�adiortelev s o�bloudspeaker or ambuiild ng; nofier on e
emanate from the Leased Premises; nor pia p
e
or
e
roof orr
outside the Leased Premises or where the same can bee exnerior oaf rdde from
outside
rhes; nor building;
any
place any antenna,equipment,awning or other projection on
s of the
other action
which would constitute a nuisance or would disturb or
endanger other
th rt ten unlawful or immoral opping
Center or unreasonably interfere with the use of their respective p which would tend to injure
to be carried on or committed on the shaldl beeenises; nor do titled to havenything outs de seating for als and
practicein Center. Tenant approval customers m
the r natedipn ioof the Senpp g
designated patio area enclosed by an iron fence, all subject to Landlord's priorp
siteplan.
8.6 take good care of the Leased Premises and keep the
same
the Leased Premises.all times.
Tenant shall
Tenant shall not overload the floors in the Leased Premises, nor deface injure all trash and garbage within
ant
Leased Premises and sidewalks, service-ways and loading ares adjacent the Leased Premises
shall keep the snow at locationeand
neat,Leased andrefree from dirt,r rubbish, ice r or similar containerliapproved by Landlord as to type,
the Premises, or in a trash dumpsuch
• and Tenant shall arrange for the regular pick-upof
in whichheveat Tebagt shall be chargede at Tenant's ase
n
(unlening, ofgoodsrgeand
(unless Landlordfinds it totalneof chargessary o furnish al tenants such a service,gtin the mannera and lives prescribed byd
equitableportion of the of to all using tadee service). Receiving and delivery
in Center.
merchandise and removal of garbage and trash shall be m
Landlord. Tenant shall not operate an incinerator or burn trash or garbage within the Shopping
Initial Lessee_
*1 _-
Initial Lesso
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