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