HomeMy WebLinkAboutOrdinances (O-10-1750)-05/04/2010ORDINANCE 0-10-1750
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER'
1, GENERAL PROVISIONS, SECTION 1.18, CHAPTER 2, DEFINITIONS AND
CHAPTER 3, LAND USE, SECTION 3.24, OF THE LAND DEVELOPMENT CODE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE;
AND PROVIDING AN EFFECTIVE DATE
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 alcoholic beverage sales by
adding provisions for package stores; 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 1, General Provisions, Section 1.18(8)(4)(b)(i), of the Land
Development Code, is hereby amended to read as shown in the attached
Exhibit "A".
Sec. 2. THAT Chapter 2, Definitions of the Land Development Code, is hereby
amended by adding the definition shown in the attached Exhibit "B".
Sec. 3. THAT Chapter 3, Land Use, Section 3.24(8)(G) Table of Permitted Uses,
Retail and Service Uses is hereby amended by adding and amending the
uses shown in the attached Exhibit "C".
Sec. 4. THAT Chapter 3, Land Use, Section 3.24(C)12, of the Land Development
Code, is hereby amended to read as shown in the attached Exhibit "D".
Sec. 5. 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.
Sec. 6. THAT any section, paragraph, subdivision, clause, phrase or provision o1
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
Ordinance 0-10-1750
Page 2 of 2
than that portion so decided to be invalid or unconstitutional.
Sec. 7. THAT in 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.
Sec. 8. THAT this ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the day ~f
~~' 2010.
The second reading and public hearing being conducted on the 'S~ day of
2010.
ATTE CITY OF COLLEYVILLE
1 ~ ,~
.~
~~
ynthia Singleton, TRMC, CMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
~.
~~ ~~ 1
Matthew C. G. Boyle
City Attorney
Exhibit "A"
Chapter 1 -General Provisions: Section 1.18B(4)(b)(i), Land Development Code:
"Alcohol and Package Store SUP Requests - When a rezoning application includes a
provision for a Special Use Permit for the sale of alcoholic beverages or a package
store, the written notification of the public hearing stated in the preceding paragraph
shall be sent to all owners of real property lying within five hundred (500) feet of the area
being considered. The land area within 200 feet of the proposed Special Use Permit
shall be used to calculate whether a protest against the request would require asuper-
majority vote of the City Council to approve the Special Use Permit. (Ord. 0-03-1399 /
04-15-2003)."
Exhibit "B"
Chapter 2 -Definitions. The following definition is hereby added to this section:
"Package Store - A retail establishment that sells "liquor", as defined by the Texas
Alcoholic Beverage Commission, to the public for the purpose of off-premise
consumption."
Exhibit "C"
Chapter 3 -Land Use: Section 3.24(B)(G):
Table of Permitted Uses -Retail and Service Uses
Non-Residential Districts
Residential District
Land Use Classification Special Parking
Land Use Group
C7 w °v r°, ~°, ~ o ~ _ ~a z V V V ~
~ Standards
a ~ o! o: ~ ~ ~ ~ ~ ~ ~ ~ ~ ~
G. RETAIL AND SERVICE USES
Alcoholic Beverage Sales (Beer S S S 13 n.a.
and Wine Only) -Off-premises
Consumption
Alcoholic Beverage Sales - On- S S S 13 n.a.
premises Consumption
Package Store Sales - Off- S S S 13 n.a.
premises Consumption
Exhibit "D"
Chapter 3 -Land Use: Section 3.24(C)(12):
"Alcoholic Beverage and Package Store Sales - A Special Use Permit is required for the
sale of alcoholic beverages. A package store shall require the approval of a separate
Special Use Permit. Any existing Special Use Permit for the sale of alcoholic beverages
for off-premise consumption shall only be for beer and/or wine as specified in the
approving ordinance and shall not be considered as approval for a package store as
defined in Chapter Two. Also refer to Chapter 6 of the Code of Ordinances for additional
regulations regarding alcoholic beverage sales."