Loading...
HomeMy WebLinkAboutOrdinances (O-03-1435)-01/06/2003 ORDINANCE 0-03-1435 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING SECTION E DEVELOPMENT STANDARDS OF ORDINANCE 0-02- 1337.4 TO ALLOW A DRIVE-THROUGH COMMERCIAL USE; 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 Classic Unique Homes on November 2, 2003, under Case No. Z-03-028; 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. Sec. 2. Sec. 3. THAT Section E Development Standards, Sub-section 3.a Prohibited Uses, of Ordinance 0-02-1337.4, is hereby amended to read as follows: a. Drive-through commercial uses where patrons remain In automobiles, except for Lot 3. The exception for Lot 3 prohibits the sale or dispensing of alcoholic beverages at a drive-through window. 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. Sec. 4. Sec. 5. Ordinance 0-03-1435 Page 2 of 2 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 ~1'h???6M../ 2003. T~e second reading and public hearing being conducted on the C, ~ day of f4'hA.A:J 2004. ATTEST: ~~ Cynthia Singleton, TRMC City Secretary ~.. OV~D AS. TO FORM AND LEGALITY: . ~..tl.Il=-: '.. i - T((~U Ross 1. Foster City Attorney