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HomeMy WebLinkAboutOrdinances (O-22-2190)-02/15/2022ORDINANCE 0-22-2190 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.120 ACRES, BEING LOT 18, OF THE VILLAGE AT COLLEYVILLE CONDOS, LOCATED AT 97 VILLAGE LANE, SUITE 100, BY AUTHORIZING A SPECIAL USE PERMIT FOR A MASSAGE THERAPY USE FOR THE BUSINESS KNOWN AS BODYMENDZ; 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 Bodymendz, Case No. ZC21-030; 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 0.120 acres, being Lot 18, of the Village of Colleyville Condos, located at 97 Village Lane, Suite 100, for the business known as Bodymendz, as depicted on the attached as Exhibit "A". Ordinance 0-22-2190 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 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 "Bodymendz". c. The hours of operation are Monday - Saturday 10:00 a.m. to 6:00 p.m. d. The Special Use Permit shall automatically expire upon the abandonment of the business, revocation, expiration, or abandonment of the license for Lacy Pepperman, Licensed Massage Therapist #MT129058, a 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. Ordinance 0-22-2190 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 the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of February 2022. The second reading and public hearing being conducted on the 15th day of February 2022. PASSED AND APPROVED BY A VOTE OF 5 AYES, 0 NAYS ON THIS THE 15TH DAY OF FEBRUARY 2022. Mayor Richard Newton Aye Mayor Pro Tern Bobby Lindamood Abs Place 1, Tammy Nakamura Aye Place 3, Kathy Wheat Aye Place 4, George Dodson Aye Place 5, Chuck Kelley Abs Place 6, Callie Rigney Aye ATTEST: Christine Loven, TRMC City Secretary APPROVED AS TO FORM: W (itt Wyatt City Attorney CITY OF COLLEYVILLE C4 A Richard Newton Mayor Exhibit "A" - Location and Zoning Map R-20 717I 825 1821 IFUV-KI 8o91 8os 712 1714 1716 1812 1814 I 816 1820 3309 5201 1711 1713 1715 I 811 1813 I 815 I 817 ",531 1 - 1 Ifs` 5301 5201 100 5109 5007 D=� 5005 5003 5226 r j Q �•m""®°'�r931%"P9°". a-" 5232 - 82 80 76 70 - - -� 38 ' y.. Q s201 PU D-C � 1 GGG I�I� I I 'nII 11 5204 87 VQ/�`3 8p 7V9'7`_7] 53 �1.1LL135 35 16 99 \ 1 I 11^ 61� a-. IB UD 1 14 / _ _ MAIN STREET )16 9 55 - IfaLs g9 55 33 33 84 88e[! as �j3 17 92 8 I 85 50.. I I 34 3 13 � �_ I L 13 PIAZZA LANE 61 5 97 77 [111 �T 1 3_f 5150 1 PUD- P..33s1 I sloe AG 5101