Loading...
HomeMy WebLinkAboutOrdinances (O-03-1399)-04/15/2003 ORDINANCE 0-03-1399 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, OF THE LAND DEVELOPMENT CODE, AS AMENDED, REGARDING SPECIAL USE PERMITS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00- 1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code; 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 1, Section 1.18.B.4.b, of the Land Development Code, as amended, is hereby amended to read as follows: b. When a proposed change affects a specific tract of land, written notice of the public hearing shall be sent to all owners of real property lying within two hundred (200) feet of the area being considered. Such notice to be given to each property owner as listed on the last approved tax roll not less than ten (10) days before the day set for hearing by depositing letters properly addressed and postage paid in the United States Post Office. The applicant will be sent notice by certified mail. I. Alcohol SUP Requests - When a rezoning application includes a provision for a Special Use Permit for the sale of alcoholic beverages, 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 Sec 2. Sec 3. Sec 4. Sec 5. Ordinance 0-03-1399 Page 2 of 3 whether a protest against the request would require a super- majority vote of the City Council to approve the Special Use Permit. THAT Ordinance 0-00-1214, the Land Development Code, as amended, shall remain in effect, except where amended by this ordinance. 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 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. 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. 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 / s.t=" day of /J ~ 2003. , '--" The second reading and public hearing being conducted on the /S~ day of ~ 2003. ATTEST: CITY OF COLLEYVILLE: t{~~ Mayor Ordinance 0-03-1399 Page 3 of 3 APPROVED AS TO FORM AND LEGALITY: r1~ Ross T. Foster City Attorney