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HomeMy WebLinkAboutOrdinances (O-21-2178)-10/19/2021ORDINANCE 0-21-2178 AMENDING ORDINANCE 0-08-1702 CONDITIONS; 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 Council approved Ordinance 0-08-1702 on December 16, 2008, to grant a rezoning request from the CN — Neighborhood Commercial district to the PUD-C Planned Unit Development — Commercial district on Lot 1, Block 1, Metrovest Addition on 1.9 acres located at 6100 Colleyville Boulevard, under Case ZC-08-023; and WHEREAS, the applicant has requested an amendment to Ordinance 0- 08-1702 to amend Section 3.a. to allow for 'Showrooms, to include hot tub and sauna showroom" as a permitted use; 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 changing the zoning on 6100 Colleyville Boulevard Planned Unit Development -Commercial Zoning District, as depicted in the attached Exhibit "B". Ordinance 0-21-2178 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: 1. General a. The following amendments to Ordinance 0-08-1702 are hereby authorized: Section 3.a. of Ordinance 0-08-1702 is hereby amended to allow for a "hot tub and sauna showroom" as a permitted use. 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 41h day of October 2021. Ordinance 0-21-2178 Page 3 of 3 The second reading and public hearing being conducted on the 19th day of October 2021. APPROVED BY A VOTE OF 7 AYES, 0 NAYS ON THIS THE 19TH DAY OF OCTOBER 2021. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Aye Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Aye Place 6, Callie Rigney Aye ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: hitt Wyatt City Attorney CITY OF COLLEYVILLE <4 / Richard Newton Mayor Exhibit "A" -Zoning Map Exhibit "B"- Ordinance Amendment 3. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within the Planned Unit Development: 1. Uses allowed in the CN-Neighborhood Commercial zoning district 2. Antique Stores 3. Apparel and Accessory Stores 4. Arts and Crafts and Hobby Shops 5. Bicycle Shops 6. Books/Stationary/Greeting Card Shops 7. Camera or Music Stores s. Chiropractic Clinics 9. Dance Studios/Martial Arts Studio 10. Optometrists Office 11. Physician's Office or Dentist's Offices 12. Showrooms, to include Hot Tub and Sauna Showroom