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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."