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HomeMy WebLinkAbout2022-4346 - Ordinance - 04/14/2022ORDINANCE NO. 2022-4346 AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT PURSUANT TO APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” ARTICLE 3, “DEVELOPMENT REVIEW PROCEDURES,” SECTION 3.16, “CONDITIONAL USE PERMIT,” OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AND OTHER APPLICABLE PROVISIONS THEREOF, APPROVING A CONDITIONAL USE PERMIT AFFECTING CERTAIN PROPERTIES LOCATED AT 3164 HOLLEMAN DRIVE SOUTH SUITE 100 AND AS DESCRIBED BELOW FOR THE USE OF A NIGHTCLUB/BAR/TAVERN; 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 a conditional use permit be granted in accordance with Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 3.16, “Conditional Use Permit,” of the Code of Ordinances of the City of College Station, Texas, and other applicable provisions thereof as set out in Exhibit “A” attached hereto and made a part of this Ordinance for all purposes. PART 2: If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3: That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance 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) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4: This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. ORDINANCE NO. 2022-4346 Page 2 of 3 PASSED, ADOPTED, and APPROVED this 14th day of April, 2022. ATTEST: APPROVED: _____________________________ _____________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney ORDINANCE NO. 2022-4346 Page 3 of 3 Exhibit A That the following conditional use permit be granted in accordance with Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 3.16, “Conditional Use Permit,” of the Code of Ordinances of the City of College Station, Texas, and other applicable provisions. That a Conditional Use Permit is hereby granted for a Nightclub/Bar/Tavern use in Appendix A, “Unified Development Ordinance,” Article 3, “Development Review Procedures,” Section 3.16, “Conditional Use Permit,” of the Code of Ordinances of the City of College Station, Texas, and other applicable provisions. The property located at 3164 Holleman Drive South, Suite 100 (approximate 5,218 square foot lease space), is granted a Conditional Use Permit for a Nightclub/Bar/Tavern use. Conditional Use Permit Conditions: 1. Music on the rooftop area shall be limited to non-amplified, acoustic music. This limitation shall not apply to background radio or televisions. 2. A minimum 3-foot tall sound barrier shall be installed along the south side of the rooftop open-air bar area on top of the parapet wall. Location of 3164 Holleman Drive South, Suite 100