HomeMy WebLinkAboutOrdinances (O-05-1538)-09/06/2005
ORDINANCE 0-05-1538
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING SECTION
3.24.B, PARAGRAPH 2.J, OF THE LAND DEVELOPMENT CODE, REGARDING
MAXIMUM BUILDING SIZE AND MAXIMUM NUMBER OF SCREENS ALLOWED
AT A MOVIE THEATER; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00);
AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting
the health, safety, morals, or general welfare of the City to enact a new I
zoning regulation; and
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, adopting the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
portions of the Land Development Code regarding Planned Unit
Development regulations; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the zoning regulations to the City Council; 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 given reasonable
consideration, among other things, the character of the districts and their
peculiar suitability for particular uses, with a view to conserving the value
of buildings and encouraging the most appropriate use of land
throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the
City of Colleyville City Council, in compliance with the Charter of the City
of Colleyville, and State Law with reference to changes to zoning
regulations, having given the requisite notices by publication and
otherwise, and after holding due hearings and affording a full and fair
hearing to all the persons interested, the governing body of the City of
Colleyville is of the opinion that said change in zoning regulation should
be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Section 3.24.8 - Symbols Used Table of Permitted Uses;
Paragraph 2.j, of the Land Development Code, is hereby amended to
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Ordinance 0-05-1538
Page 2 of 3
read as shown:
j. Movie Theater Uses: A movie theater shall not contain more than
six primary projection screens and two secondary executive viewing
rooms and shall not exceed 28,500 square feet in total building size. For
purpose of this regulation, a secondary executive viewing room shall not
exceed a maximum of fifty (50) seats.
THAT Ordinance 0-00-1214 adopting the Land Development Code of the
City of Colleyville, as amended, shall remain in effect, except where
amended by this ordinance.
THAT any person, firm or corporation violating any of the provisions or
terms of this ordinance shall be subject to the same penalty as provided
for in the Comprehensive Zoning Ordinance of the City of Colleyville, and
upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense.
THAT any section, paragraph, subdivision, clause, phrase or provision of
this ordinance shall be judged invalid or unconstitutional, the same shall
not affect the validity of this ordinance as a whole or any portion thereof
other than that portion so decided to be invalid or unconstitutional.
THAT addition to and accumulative of all other penalties, the City shall
have the right to seek injunctive relief for any and all violations of this
ordinance.
THAT this ordinance shall take effect immediately from and after its
passage.
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 '/~ >t day of
~LvOt 2005.
The second reading and public hearing being conducted on the {; <rI day of
~~au2005.
Ordinance 0-05-1538
Page 3 of 3
~~~
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
tP~J-\Y~/r
David Kelly U
Mayor
APPROVED AS TO FORM
~~.~
Matthew C. G. Boyle
City Attorney