HomeMy WebLinkAboutOrdinances (O-21-2175)-Denied-10/19/2021
DENIED OCTOBER 19, 2021 BY A DENIAL VOTE OF 7 AYES, 0 NAYS
ORDINANCE O-21-2175
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 0.841 ACRES, BEING LOT 7R1A,
BLOCK 2, OF THE ANDY FELPS ADDITION, LOCATED AT 4209
COLLEYVILLE BOULEVARD, SUITE C, BY AUTHORIZING A SPECIAL
USE PERMIT FOR A MASSAGE THERAPY USE FOR THE BUSINESS
KNOWN AS FOOT HEAVEN; 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
Foot Heaven, Case No. ZC21-019; 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 0.841
acres, being Lot 7R1A, Block 2, of the Andy Felps Addition,
located at 4209 Colleyville Boulevard, Suite C, for the business
Ordinance O-21-2175
Page 2 of 3
known as Foot Heaven, as depicted on the attached as Exhibit
“A”.
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:
1. GENERAL
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 “Foot Heaven”.
c. The hours of operation are Monday – Saturday 10:00 a.m.
to 9:00 pm and Sunday 12:00 p.m. to 7:00 p.m.
d. 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.
e. 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.
Ordinance O-21-2175
Page 3 of 3
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.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 4th day of
October 2021.
The second reading and public hearing being conducted on the 19th day of
October 2021.
APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 19TH DAY OF
OCTOBER 2021.
Mayor Richard Newton Mayor Pro Tem Bobby Lindamood
Place 1, Tammy Nakamura Place 3, Kathy Wheat
Place 4, George Dodson Place 5, Chuck Kelley
Place 6, Callie Rigney
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Richard Newton
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Location and Zoning Map