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HomeMy WebLinkAbout2285 06-22-2021ORDINANCE NO. 2285 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 FOR 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 Number 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 June 1, 2021, in conjunction with Zoning Case No. 21-02-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 June 22, 2021, 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: SECTION 1. 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. 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, 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. Ordinance No. 2285, Page 2 of 3 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 June 22, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: %yam. Lind 'Ma`rtin, Mayor ATTEST: 4XKtiSutter, AMC, CMC, City Secretary _I.APPRO-VER AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2285, Page 3 of 3