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
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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
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APPROVED AS TO FORM AND LEGALITY:
r1~
Ross T. Foster
City Attorney