HomeMy WebLinkAboutOrdinances (O-21-2185)-Denied-12/21/2021DENIED DECEMBER 21, 2021
ORDINANCE 0-21-2185
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 B, AUTHORIZING A SPECIA'tVSE
PERMIT FOR A CBD STORE USE; PROVIDING A PENALTY OF ME 1190T
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,0�0 AND
PROVIDING AN EFFECTIVE DATE I
WHEREAS, the City of Colleyville has received an applicatioriYFor a Special
Use Permit for a CBD store for the bus ss�nown as Earth
and Roots CBD, Case No. ZC21-024; a d)�
WHEREAS, the City of Colleyville deems it ne ssaoy, for the purpose of
promoting the health, safety, mo��or general welfare of the
City to amend the City's zoring Hance; and
WHEREAS, the Planning and Zoning mission, has given reasonable
consideration to, amo er things, the character of the
City's zoning districts eir peculiar suitability for particular
uses, with a view onserving the value of buildings and
encouraging the appropriate use of land throughout the
City; and
WHEREAS, the City Coun )ilis of the opinion the change in zoning provided
for ereireshould be made, in compliance with the City Charter,
and ate law with reference to changes to zoning
c ations under the City's zoning ordinance and zoning
having given the requisite notices required by law and
ving held public hearings affording all interested persons and
�property owners a full and fair opportunity to be heard.
N W, HEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CI 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 a CBD store on 0.841 acres,
being Lot 7R1A, Block 2, of the Andy Felps Addition, located at
4209 Colleyville Boulevard, Suite B, for the business known as
Earth and Roots CBD, as depicted on the attached as Exhibit "A".
Ordinance 0-21-2185
Page 2of3
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 a CB iKd. 11�/
b. The name of the business authorized for ?a store by
this Special Use Permit shall be called "Ea h and Roots
CBD".
c. The hours of operation shall be 9(crn. 9 P.M.
d. The business shall not sell any 'pavphernalia related to
vaping and/or smoking.
e. There shall not be any smo n the premises, inside or
' outside, and a "no smo n shall be posted.
f. There shall not be any roducts sold over 0.3% THC.
g. There shall not be a to 8, Delta 10, or THCO or any
other Isomer and etic product sold.
h. No smoothies o r similar food type products (prepared
to order) shaermitted.
i. The Spe ' lW Permit shall automatically expire upon the
aband me t of the business, change in use, a change in
ownersh or upon the expiration or termination of the
CertVate of Occupancy.
j. N requirements of the Land Development Code shall be
�jIC7, except where amended herein.
Sec.4. T'N any person, firm or corporation violating any of the
visions or terms of this ordinance shall be subject to the same
enalty as provided for in the Comprehensive Zoning Ordinance
AQof 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.
Ordinance 0-21-2185
Page 3 of 3
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 tjle law
or charter in such cases may provide. V
AND IT IS SO ORDERED. ^O
The first reading and public hearing being conducted on7th day of
December 2021.
The second reading and public hearing being con ed7tSn�the 215t day of
December 2021.
PASSED AND APPROVED BY A VOTE OF _ AY NAYS ON THIS THE 21ST
DAY OF DECEMBER 2021.
Mayor Richard Newton r ro Tern Bobby Lindamood
Place 1, Tammy Nakamura 3, Kathy Wheat
Place 4, George Dodson ace 5, Chuck Kelley
Place 6, Callie Rigney
ATTEST: CITY OF COLLEYVILLE
Christine Loven, v"' Richard Newton
City Secret3ryo' Mayor
APPRQ�C�AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit "A" - Location and Zoning Map
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