HomeMy WebLinkAboutOrdinances (Ordinance O-21-2152)-Withdrawn-02/02/2021WITHDRAWN BY APPLICANT FEBRUARY 2, 2021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
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