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HomeMy WebLinkAboutOrdinances (O-22-2203)-06/07/2022ORDINANCE 0-22-2203 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 0.65 ACRES, BEING LOT 161111A, BLOCK 1, COLLEYVILLE INDUSTRIAL PARK, LOCATED AT 6407 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A MASSAGE THERAPY USE FOR THE BUSINESS KNOWN AS VITALITY WELLLNESS CLINIC; 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 Vitality Wellness Clinic for Case No. ZC22-018; 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 a Massage Therapy Use on 0.65 acres, being Lot 16R1A, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard as depicted on the attached as Exhibit "A". Ordinance 0-22-2203 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 and Acupuncture. b. The name of the business authorized for Massage Therapy by this Special Use Permit shall be called "Vitality Wellness Clinic" and be under the license for Nissa Havnes. Licensed Massaae Therapist #MT046442. c. The hours of operation are Monday —Friday 9:00 a.m. to 6:00 p.m. and Saturday 9:00 a.m. to 3:00 p.m. d. The Special Use Permit shall automatically expire upon the abandonment of the business, revocation, expiration, or abandonment of the license for Nissa Haynes, Licensed Massage Therapist #MT046442, 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 0-22-2203 Page 3 of 3 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 17th day of May 2022. The second reading and public hearing being conducted on the 7th day of June 2022. PASSED AND APPROVED BY A VOTE OF 6 AYES, 0 NAYS ON THIS THE 7T" DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tern Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Abs ATTEST: Christine Loven, TRMC City Secretary Gam' Whitt Wyatt City Attorney FORM: CITY OF COLLEYVILLE <— �' r; I Bobby Lindamood Mayor Exhibit "A"- Zoning Map so J •T", Exhibit "B"-Zoning Exhibit I i},Ili a , 1q 1'JO IW .11 of SCMa P. m' .edtalm (IA.kl AI. — / `sue nAa r.r. nt n.asu i.v. �A 1' Vi neavtl� ay.! ue, peaty ma In.�n,q see wQ�d v,en n.r. et aew m. 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