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HomeMy WebLinkAboutOrdinances (Ordinance O-21-2152)-Withdrawn-02/02/2021WITHDRAWN BY APPLICANT FEBRUARY 2, 2021 ORDINANCE 0-21-2152 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.527 ACRES, BEING LOT 11111, BLOCK 1, OF THE FOSTER ADDITION, LOCATED AT 5200 COLLEYVILLE BOULEVARD, SUITE C, BY AUTHORIZING A SPECIAL USE PERMIT FOR A MASSAGE THERAPY USE FOR THE BUSINESS KNOWN AS JM MASSAGE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for Massage Therapy for the business known as JM Massage, Case No. ZC20-030; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City's zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City's zoning 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 City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City's zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for Massage Therapy on 0.527 acres, being Lot 1R1, Block 1, of the Foster Addition, located at 5200 Colleyville Boulevard, Suite C, for the business known as JM Massage, as depicted on the attached as Exhibit "A". Ordinance 0-21-2152 Page 2 of 3 Sec. 2. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 3. THAT the above described tract of land shall be subject to the following conditions: a. The Special Use Permit shall apply to Massage Therapy. b. The name of the business authorized for Massage Therapy by this Special Use Permit shall be called "JM Massage". c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. d. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4. 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. 5. THAT if 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. Sec. 6. 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. 7. THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. Ordinance 0-21-2152 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 5th day of January 2021. The second reading and public hearing being conducted on the 19th day of January 2021. PASSED AND APPROVED BY A VOTE OF —AYES, _NAYS, AND _ABSTENTIONS ON THIS THE 19TH DAY OF JANUARY 2021. Mayor Richard Newton Mayor Pro Tern Bobby Lindamood Place 1, Tammy Nakamura Place 5, Chuck Kelley Place 3, Kathy Wheat Place 6, Callie Rigney Place 4, George Dodson ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: Whitt Wyatt City Attorney CITY OF COLLEYVILLE Richard Newton Mayor Exhibit "A" - Location and Zoning Map AG 9217 5303 5226 B_`` 5232 34 32 _.. 5201 PUD-C CPO 3301 W 23 23 23 23 23 5204 35 35 16 2 41 pa T62 26 IG 26 2016 34 PUC it MBA � 12 5112 33 33 jI 4)T 33 33 23 23 ? a 7 1 34 30 13 5103 13 f R-20 sls0 � 37L35 f PUD-C 5104 y Q O 3133 5la AG PUD 5113 5100 5101 AM"t m 7z.q)