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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 ~(f) o c J>'-Q (f) Ii mrn go c z o J> :II m (f) I.", 'F. I .J l0- ll) i ,:j;. (,) 1t3