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Home My WebLink About2263 11-10-2020ORDINANCE NO. 2263 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 84, UNIFIED DEVELOPMENT CODE, AMENDING THE CITY OF EULESS ZONING DISTRICT MAP ON SOMERSET PLACE ADDITION, BLOCK C, LOT 27ER, 100 EAST MIDWAY DRIVE BY CHANGING THE ZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT INTO PLANNED DEVELOPMENT (PD) DISTRICT ZONING AS DESCRIBED HEREIN; PROVIDING FOR PERMITTED USES; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council approved Ordinance No. 1029 on August 14, 1990, in conjunction with Zoning Case No. 90-03, creating a Planned Development for an indoor recreational facility; and WHEREAS, the Planning and Zoning Commission has conducted a public hearing on October 20, 2020, in conjunction with Zoning Case No. 20-05-PD, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, the City Council has conducted a public hearing on November 10, 2020, considered the recommendation of the Planning and Zoning Commission, and has determined that the proposed change is in the best interest of the general welfare of the City of Euless. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: The official zoning district map of the City of Euless, Texas, being a part of Chapter 84 of the Code of Ordinances, be amended to read so that the zoning district classification of Somerset Place Addition, Block C, Lot 27ER, 100 East Midway Drive, by changing the zoning from Planned Development (PD) District into Planned Development (PD) District Zoning as described herein. Said property described above shall be subject to all the safeguards and conditions stipulated herein. SECTION 2. PERMITTED USES. It is hereby declared that the following permitted uses shall be applicable to the Planned Development (PD) zoning district. Use Banks Parking Group :- 8 Security and commodity brokers 8 Insurance agencies 8 Real estate agencies 8 Health related professional services 6 Medical and dental laboratories 6 Outpatient care facilities 6 Legally related professional services 8 Design related professional services 8 Financially related professional services 8 Hardware stores under 5000 SF gs 6 Lumber, building materials Indoor only, under 5000 SF s 6 Food stores under 5000 SF gs 6 Apparel and accessories under 5000 SF gs 6 Eating establishments 5 Book stores(general) 6 Stationary stores 6 Jewelry stores 6 Hobby, toy and game stores under 5000 SF gs 6 Camera and photographic supply stores 6 Gift and souvenir shops 6 Sewing, needlework and piece goods 6 Florists 6 Travel agents 8 Photographic and portrait studio 8 Beauty shop 8 Permanent makeup cosmetic studio 8 Barber shop 8 Shoe repair and shine shop 8 Advertising agencies 8 Indoor recreational facility 6 Any special conditions as listed for the above uses within Section 84-84, Table 4A Permitted Primary Uses are considered as part of this Ordinance. SECTION 3. DEVELOPMENT STANDARDS. The development standards of this Planned Development (PD) district shall follow the standards and setbacks as set by Section 84-110 "C-1" Neighborhood Business District of the City of Euless Unified Development Code. SECTION 4. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, Ordinance No. 2263, Page 2 of 4 since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase. SECTION 5. PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions," Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 6. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the Euless Unified Development Code applicable to the Property that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 7. PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause of this ordinance shall be published in a newspaper of general circulation in the City of Euless, in compliance with the provisions of Article II, Section 12 of the Euless City Charter. SECTION 8. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on November 10, 2020, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Linda Martin, Mayor butter-JRMC, CMC, City Secretary Ordinanc6 No. 2263, Page 3 of 4 APPROVED AS TO FORM: 2�_nU ,k Wayne K. Olson, City Attorney RAMBLING LN E MIDWAY DR I 45,707 SF 60.0' DiaEADUE Retaining WallRetaining Wall38.0' EADUE 18.0'Typ9.0'Typ24'EADUE 60'Setback56'Setback 16'Setback 30'Setback¬«11 ¬«11 ¬«10 ¬«17 ¬«42 ¬«11 Shared Parking ¬«27 100 E Midway RoadPlanned DevelopmentSomerset Place Addition Block C, Lot 27 ER Lot Area Ac 2.2Building SF 44,073Onsite Parking 91 Adjacent Lot Parking 38 Star-Teleggagp Arlington Citizen -Journal I The Keller Citizen I La Estrella Mansfield News -Mirror I Star -Telegram Northeast I Weatherford Star star-telegram.com 1808 Throckmorton St. I Ft Worth, Tx. 76102 AFFIDAVIT OF PUBLICATION R D Nov Z 3 2020 5D CITY OF EULESS Acc unt# Ad Number I Identification Po Amount I cols I De th 600565 0004808565 ORDINANCE NO. 2263 AN ORDINANCE AMEN Ordinance publication $53.36 1 1 62.00 Li Attention: Lindsay Wells CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 AN THE THE TER AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAP- TER 84 UNIFIED DEVELOP- MENT CODE, AMENDING THE CITY OF EULESS ZONING DIS- TRICT MAP ON SOMERSET T INTO NT (PD) DESCRI- NG FOR OVIDING SE. PRO - LIGATION IN THE OFFICIAL PENALTY FOR VIOLATION Any NEWSPAPER' AND PROVIDING AN EFFECTIVE DATE. person, firm or corporation vio- lating any of the terms and pro - SECTION 5. PENALTY FOR VIOLATION Any visions of this ordinance shall be deemed guilty of a misde- Person, firm or corporation vio- sting any of the terms and pro- meanor, and .upon conviction visions of this ordinance shall thereof shall be fined In accord. ance with Chapter 1, "General be deemed guilty of a misde- meanor, and upon conviction Provisions; Section 1-12, "Gen- oral Penalty "Euless Code of Or - thereof shall be fined in accord- ance with Chapter 1, "General dinances. Each such violation Provisions," Section 1-12 'Gen- "Euless shall be deemed a separate of- fense and shall be punishable eral Penalty Code of Or- dinances. Each such violation as such hereunder. shall be deemed a separate of- fense and shall be punishable as 7. PUBLICATION CLAUSE. The cap - such hereunder, tlon, penalty clause and effec- tive date clause a this SECTION 7. PUBLICATION CLAUSE. The cap- ordi- nance shall be published in a tion, penalty clause, and effec- tive date clause this newspaper of general circulation in the City of Euless, in of ordi- nance shall be published in a compli- ance with the provisions of Artl- newspa,er of general circulation in the City of Euless, in compli- cle If Section 12 of the Euless City Narter. ance with the provisions of Arti- SECTION 8. cle II, Section 12 of the Euless City Charter. EFFECTIVE DATE. This ordi. SECTION8. nance shall be In full force- and effect.from and after its pas - EFFECTIVE DATE. This ordi- nance shall be in full force and sage, as pprovided by the Euless City Charter and the laws of the effect from and after its pas- State of Texas, sage, as provided by the Euless City Charter and the laws of the PRESENTED AND PASSED ON State Texas. FIRST AND FINAL READING at PRESENTED TED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless Cityy Council on November 10 a regular meeting of the Euless 2020, by a vote of ayes, Q City Council on November 10, nays, and 0 abstentions. 2020, by a vote of 7 ayes, 0 nays, and 0 abstentions. S FANI SCOTT BEARD *= My Notary ID # 131768951 Expires October 23. 2022 OF , THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA RODELA, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: Insertion(s) Published On: November 13, 2020, November 15, 2020 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 16th day of November in the year of 2020 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!