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HomeMy WebLinkAboutOrdinances (O-12-1836)-07/03/2012ORDINANCE 0-12-1836 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON LOT iR1, BLOCK 1, OF THE TOWN CENTER ADDITION LOCATED AT 5615 COLLEYVILLE BOULEVARD, SUITE 100, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN AMUSEMENT CENTER (INDOORS); PROVIDING A SAVINGS CLAUSE; PROVIDING FOR IN7UNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning request under Case No. ZC12-013; 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 enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of 1and; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the 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 Ordinance 0-12-1836 Page 2 of 4, WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1R1, Block 1, of the Town Center Addition located at 5615 Colleyville Boulevard, Suite 100, by authorizing a Special Use Permit for an amusement center (indoors), as depicted on Exhibit ~~A" and "B" and described in Exhibit ~~C". Sec. 3. THAT the above described tract of land shown on Exhibit ~~A" 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. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall apply to an amusement center (indoors) to be located at 5615 Colleyville Boulevard, Suite 100 as depicted on Exhibit ~~B". Ordinance 0-12-1836 Page 3 of 4 b This Special Use Permit shall automatically expire upon the j abandonment of the business, change in the use, a change ; in ownership or upon the expiration or termination of the ' Certificate of Occupancy. c. All requirements of the Land Development Code shall be met, except where amended herein. 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 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. 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 it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires 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 15th day of May 2012. The second reading and public hearing being conducted on the 6t" day of ]une 2012. Ordinance 0-12-1836 Page4of4 PASSED AND APPROV by the City Co cil of the City of Colleyville, Texas, on this the ~~ day of 2012. ~ ~1 CITY OF COLLEYVILLE Cynthia Singleton, City Secretary C, CMC !--~ ~.,-~^~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ^~\~~ `.r J . Matthew C. G. Boyle City Attorney EXHIBIT "A" - Location and Zoning Map ~izo ~ ~~ -~ ~:: ~ - `~` '~ -, ~ ~* ~12p ~ ~ ~ 2a~ ~`•~ ~'_~ , ~~ i ' _ ~t2~7 ~\ [~ ~ _ - -,.__ - ~~~' 1211 - - ~~y 1213 57t71i f2l;~j ~ ;~~00 5bfi5 ~ /'~ ~?~ 1 --- ~ ~ R-~I) s / : , ~~.~-~ A; - r Site: i~oi ~~t~ ~ Suite 100 ~~~_` ~~ ~ ~~o - r~ ~f ,~ ~! ~ ~ ~, ~ ~~~ /r /~ ~~~~ -' ° r `~U~! ih 1 I ~ _ , 1_'O~D I 5(12 1~J:1 1~v~5 1 ~I~B '#iC{J 1602 1 ~f~i ! S~pI _ 3'h - -- r ~~ R.-? 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Exhibit "C" - Statement of Planning Objectives Jumpstreet - Statement of Objectives Jumpstreet is an indoor trampoline park where families, kids, sports teams, youth groups etc. can enjoy fun and birthday parties. Jumpstreet provides a safe atmosphere for people to gather for fun and exercise. Please reference our website for further information: www.~otiump.com Store Locations open to date: Texas: Dallas, Plano, Austin Colorado: Centennial, Littleton, Thornton Arizona: Glendale, Chandler Each store is corporate owned and no franchises are available. Slow, methodical growth is our business plan with stores opening only in affluent areas surrounding major metropolitan areas. Activities include main trampoline court, dodgeball trampoline court, kiddie court, foam pit, snack bar, birthday party area and Which Way Pizza Company. Pictures are enclosed for reference. Business Hours: Sunday-Monday 11:00 a.m. - 9:00 p.m., Tuesday - Thursday 10:00 a.m. -10:00 p.m., Friday - Saturday 10:00 a.m. - Midnight. Pricing: Jump sessions are in hour increments and begin on the hour and the half hour. Pricing varies slightly by location, Plano, TX pricing is as follows: (Ages 8& Older) - Includes jumping on Open Court Trampolines and Dodgeball Arenas Weekend & Holiday Prices (Fri, Sat, Sun) $12 First Hr/per Jumper /$6 additional Hr/per Jumper Weekday Prices Monday & Wednesday: $8 First Hr/per Jumper /$6 additional Ten Buck Tuesday & Thursdays: $10 for 2 hours Friday Teen Night: Jr. High & High School: $12 for 2 hours Jump sessions start promptly on the hour and on the half hour. Ten Punch Pass: $120 for 10 One-Hour visits. Dodgeball Court Rental: $160 per hour+ hourly rate per person Prices do not include tax charges. All participants must have signed waiver. No outside food or drink allowed. Birthday Parties and packages available. From the owner: Tim Crawford, envisioned a place where everybody in the family can have fun. "I grew up in Denver, born and raised, and I never knew of a place where kids could bounce off the walls without driving their parents crazy. Now they have that place, and the parents can even join them." Kiddie Court: ~ Main Trampoline Court: _~ ~ Foam Pit: Typical interior storefront: Birthday Party Area: Picture of the Austin, TX storefront. Located at Lakeline Mall, Cedar Park, TX.