HomeMy WebLinkAboutOrdinances (O-04-1454)-03/16/2004
ORDINANCE 0-04-1454
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3, LAND USE, OF THE LAND DEVELOPMENT CODE, AS
AMENDED, TO ESTABLISH A MAXIMUM BUILDING SIZE AND MAXIMUM
NUMBER OF SCREENS ALLOWED AT A MOVIE THEATER; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY CLAUSE; AND AUTHORIZING PUBLICATION.
WHEREAS, the City Council of the City of Coileyviile approved Ordinance 0-00-
1214 on April 18, 2000, to adopt the Land Development Code; and
WHEREAS, the City Council of the City of Coileyviile desires to amend certain
portions of the Land Development Code to establish a maximum
number of projections screens for a single theater site; and
WHEREAS, the City Council of the City of Coileyville has determined that large
multi-screen movie theater facilities create dangerous traffic
congestion problems; and
WHEREAS, notice of a hearing before the Planning and Zoning Commission
was published in a newspaper of general circulation in Colleyville at
least 15 days before such hearing; and
WHEREAS, notice of a public hearing before the City Council was published in
a newspaper of general circulation in Colleyville at least 15 days
before such hearing; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
forwarded its recommendation to the City Council for consideration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COLLEYVILLE, TEXAS:
Sec. 1.
THAT Chapter 3, Section 3.24.8, of the Land Development Code, as
amended, is hereby amended to insert a new paragraph U) to read
as follows:
J. Movie Theater Uses: A movie theater shall not contain more than
six projection screens and shall not exceed 27,500 square feet in
total building size.
Sec. 2.
THAT Ordinance 0-00-1214, the Land Development Code, as
amended, shall remain in effect, except where amended by this
ordinance.
Sec. 3.
THAT it is hereby declared to be the intention of the City Council that
Ordinance 0-04-1454
Page 2 of 2
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 judgement 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.
Sec. 4.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined 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.
Sec. 5.
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 02. d.. day of
rrz~ 2004
The second reading and public hearing being conducted on the /f. ~ day of
~>J 2004.
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Cynthia Singleton, TRMC
City Secretary
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Ross T. Foster
City Attorney