HomeMy WebLinkAboutOrdinances (O-24-2305)-Withdrawn-11/06/2024WITHDRAWN BY APPLICANT NOVEMBER 6, 2024
ORDINANCE O-24-2305
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 0.47 ACRES, BEING LOT 3R1, BLOCK
1, ANDY FELPS ADDITION, LOCATED AT 3919 COLLEYVILLE
BOULEVARD, SUITE C, BY AUTHORIZING A SPECIAL USE PERMIT
FOR MASSAGE THERAPY FOR THE BUSINESS KNOWN AS MAY
MASSAGE; 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 under Case No. ZC24-017;
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 0.47
acres, being Lot 3R1, Block 1, of the Andy Felps Addition,
Ordinance O-24-2305
Page 2 of 3
located at 3919 Colleyville Boulevard, Suite C, 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 the business May
Massage only.
b. 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.
c. 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.
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.
Ordinance O-24-2305
Page 3 of 3
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 6th day of
November 2024.
The second reading and public hearing being conducted on the 19th day of
November 2024.
APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 19TH DAY OF
NOVEMBER 2024.
Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye
Mayor Pro Tem Brandi Elder Aye Ben Graves, Place 4 Aye
Deputy Mayor Pro Tem Scotty Richardson Aye Tim Raine, Place 6 Aye
Kimberly Holt Gunderson, Place 5 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Location and Zoning Map