HomeMy WebLinkAboutOrdinances (O-03-1433)-01/06/2003
ORDINANCE 0-03-1433
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED,
BY AMENDING ORDINANCE 0-03-1389 IN ITS ENTIRETY; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION
WHEREAS, an application for a zoning change was filed by Melvin & Martindale,
Ltd., on November 14, 2003, under Case No. Z-03-029; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Section 1 of Ordinance 0-03-1389, is hereby amended in its
entirety to read as follows:
The Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A")
are hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lots 1 R, 2R, 3R 1, 3R2 and 4, Block
1; and a portion of Lot 1 R, and Lots 2 and 3, Block 2, Town Center
Colleyville Addition by authorizing the following:
a. A Special Use Permit for Alcoholic Beverage Sales for off-
premise consumption for a grocery store, specialty wine shop
or gourmet food store.
b. A Special Use Permit for Alcoholic Beverage Sales for on-
premise consumption in conjunction with a restaurant use.
c. This property is subject to the distance provisions from
schools as required by the Colleyville Code of Ordinances and
Texas Alcoholic Beverage Code.
Sec. 2.
Sec. 3.
See 4.
Sec. 5.
Ordinance 0-03-1433
Page 2 of 3
d. The Special Use Permit required for alcoholic beverage sales
for on-premise or off-premise consumption shall become null
and void five (5) years from the date of approval of this
ordinance for undeveloped sites.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with any zoning regulation
contained in the Land Development Code of the City of Colleyville
shall be guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall constitute a
separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the /~ ~ day of
~ertvr..J 2003.
TfH second reading and public hearing being conducted on the ~ ~ day of
-C-'Llj- 2004.
~~~
Cynthia Singleton, TRMC
City Secretary
Ordinance 0-03-1433
Page 3 of 3
A~VED AS TO FORM AND LEGALITY:
~-
Ross 1. Foster
City Attorney
EXHIBIT A - ZONING MAP
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