HomeMy WebLinkAbout1385 10-26-1999ORDINANCE NO. 1385
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON FLIGHT INSTRUMENT ADDITION, BLOCK 1, LOT 1 FOR A
PUBLICLY OWNED RECREATIONAL SITE WITH LIMITED ALCOHOL
SALES AND CONSUMPTION; PROVIDING FOR A SEVERABILITY
CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has conducted a public hearing on
September 21, 1999, in conjunction with Specific Use Permit Case No. 99 -14 -SUP, and
has rendered a recommendation to the City Council with respect to this case;
WHEREAS, City Council has conducted a public hearing on October 26, 1999, has
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 and that any foreseeable negative impacts of the proposed use have been
mitigated through design restrictions or other set conditions,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS:
SECTION 1
THAT an indoor and outdoor publicly owned recreational site with limited alcohol sales
and consumption as specifically described on Exhibits "A" and "B" (both attached hereto
and made a part hereof) and on the Specific Use Permit Form (attached hereto and made
a part hereof), shall be permitted as a use on a portion of Flight Instrument Addition, Lot
1, Block 1. This specific use permit shall allow the development of permanent
structure(s) that provide space and facilities for: (1) all public and /or private spectator
entertainment and participation in recreation and sports including, but not necessarily
limited to, sports, recreational activities, arts and crafts, exhibits, interpretive programs,
aquatics, exercise classes and programs, arts performance; and (2) concessions with
equipment and appliances that sell food prepared onsite, food prepared offsite, non-
food merchandise of all types, beverages including water, soft drinks, wine, beer and
liquor, artificial fruit juices, fruit juices, and other beverages as may be identified in the
future. Proposed land uses include an indoor ice hockey rink with related facilities. The
remainder of the site will have outdoor recreational and support facility uses.
Possession and consumption of alcohol is exclusively limited to within the primary
building structure. Additionally, said specific use permit shall allow the construction of
any site improvement necessary to provide vehicular and pedestrian circulation, utilities,
drainage, landscaping, vehicular parking, service vehicle parking, emergency access
and parking, lighting, signage, driveways, open space, auxiliary structures and for any
improvement as may be identified in the future that is necessary to support the principal
use or building occupying the site.
SECTION 2
Landscaping will be installed as surrounding site hardscape facilities are completed,
and with the building permit application, if applicable. Underground irrigation system
plans designed by a licensed irrigator will be submitted with building permit application.
SECTION 3
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 4
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 "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 5
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 October 26, 1999, by a vote of 6 ayes, 0 nays, and 0
abstentions.
APPROVED:
L -�
Mary Lib Saleh, Mayor
ATTEST:
usan rim, C C/ E, City Secretary
rA €"ED AS TO FORM: l
'Bob McFarland, City Attorney
Ordinance No. 1385 Page 2 of 8
T H E C I T Y O F
EULESS
SPECIFIC USE PERMIT
Publicly Owned Recreational Site with
LAND USE: Limited Alcohol Sales and Consumption #99 -14 -SUP
(use) (case number)
LOCATION
(property address)
(legal description) Flight Instrument Addition, Block 1, Lot 1
(recently disannexed from the City of Fort Worth, Texas)
This permit is valid only for the property and use listed above and then ONLY in accordance with the
following documents and /or conditions:
DOCUMENTS:
CONDITIONS:
cific Use Permit Ordinance No. t
ibit A - Prooertv Description and 6
- Text Addition to
Possession and consumption of alcohol is limited to the
the second floor only unless the facility is rente or
a private function.
Considered by the Planning and Zoning Commission :
DATE OF ACTION: 09/21/99
RECOMMENDDATIIONy yA
: approval denial
'
Signatur6 of P & Z Chairmari
Approved by City Council :
Denied by City Council :
DATE APPROVED: 100�///%%26/99
X L-AdA -1 (–X1LC�
— 0 Signature of Mayor
DATE DENIED:
1:
of Mayor
Ordinance No. 13 05, Pale 3 of 8
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SOUTH PIPETS/
61.99'
EXHIBIT A. Page 1
r, =
21 °0111'
R =
169.93'
T =
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L_ L =
62.34
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LC =
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0 100 200 400
GRAPHIC SCALE IN FEET
SCALE: I"=200'
E PIPELINE ROAD
I N
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9 o AREA: 6.17 ACRES
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LOT 1, BLOCK A,
TEXAS STAR ADDITION
CABINET A, SLIDE 4276,
P. R. T. C. T.
S89 017'40 "W 444.27'
LOT 1, BLOCK 1,
FLIGHT INSTRUMENT ADDMON
VOLUME 388 -149, PAGE 49
P. R. T. C. T.
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Ordinance `o, 1385, Page 4 of
Schrickel Rollins and Associates Inc. Date: Shoot "a
DR. PEPPER STAR CENTER 09 -09 -99
Consultanrs m Landscape Armirecmre • ingineenng • Planning
earn by:
1161 ca., «ate anse west . z, re 2W . Mingtm, Texas 76oae CITY OF EULESS CCH
(817) 619 -32'6 - (817) 6Q-821 2 4etro - (817) 619 -7615 Pax EULESS, TEXAS Job No.:
4022 OF 2
EXHIBIT A. Paee 2
PROPERTY DESCRIPTION
BEING all that certain tractor parcel of land situated in Lot 1, Block 1, Flight Instrument
Addition, an addition to the City of Fort Worth, Tarrant County, Texas, according to the
plat recorded in Volume 388 -149, Page 49 of the Plat Records of Tarrant County, Texas
(P.R.T.C.T.), and being more particularly described as follows:
COMMENCING at the northeast corner of said Lot 1, Block 1, Flight Instrument
Addition, being on the southerly right -of -way line of Pipeline Road;
THENCE 5 89 017'40" W, along said right -of -way line, a distance of 261.76 feet to the
POINT OF BEGINNING;
THENCE S 00 042'20" E, departing said right -of -way line, a distance of 605.37 feet to a
corner;
THENCE 5 89 °17'40" W, a distance of 444.27 feet to a corner;
THENCE N 00 042'20" W, a distance of 594.02 feet to a corner on the southerly right -of-
way of Pipeline Road, being on a curve to the right whose chord bearing is
N 78 144'42" E;
THENCE Northeasterly, along said right -of -way and curve having a central angle of
21001 '1 1 ", a radius of 169.93 feet, and an arc length of 62.34 feet to the end of curve;
THENCE N 89 01740" E, continuing along said right -of -way, a distance of 383.33 feet to
the POINT OF BEGINNING and containing 6.17 acres of land, more or less.
Jobd 4022 /September 1, 1999 /(SUP) /Dr. Pepper StarCenter
Ordinance V0. 1385, Page 5 of 8
Specific Use Permit
Dr. Pepper StarCenter
City of Euless, Texas
Exhibit "B"
A specific use permit (SUP) is hereby submitted in conformance with City of Euless Codes and
Ordinances: except for variances or changes as may be identified herein, granted by the City
Council, and/or as authorized by the city manager to reflect the chanee(s) identified on the final
site plan and/or in the joint agreement of the City of Euless with the Southwest Sports Group dba
Dallas Stars Hockey Club; for a 6.17 acre tract of land situated in Lot 1, Block 1. Flight
Instrument Addition, to the City of Fort Worth, Tarrant County, Texas, said tract being more
particularly described on Exhibit "A" attached.
The purpose of the specific use permit is to allow the development and operation of a semipublic
facility which has unusual physical and/or operational characteristics, said development being
essential or desirable for the general convenience and welfare of the community.
This specific use permit shall allow the development of permanent structure(s) that provide space
and facilities for: (1) all public and/or private spectator entertainment and participation in
recreation and sports including.. but not necessarily limited to, sports, recreational activities, arts
and crafts, exhibits, interpretive programs, aquatics, exercise classes and programs, arts
performance; and (2) concessions with equipment and appliances that sell food prepared onsite,
food prepared offsite, non -food merchandise of all types, beverages including water, soft drinks,
wine, beer and liquor, artificial fruit juices, fruit juices, and other beverages as may be identified
in the future. Additionally, said specific use permit shall allow the construction of any site
improvement necessary to provide vehicular and pedestrian circulation, utilities, drainage,
landscaping, vehicular parking, service vehicle parking, emergency access and parking, lighting,
signage, driveways, open space, auxiliary structures and for any improvement as may be
identified in the future that is necessary to support the principal use or building occupying the
site.
The proposed use complies with the requirements of the SUP for this property.
Job 44022. September I, 1999 /(SUP) /Dr. Pepper StarCenter
Ordinance No. 1385, Page 6 of 8
2. The proposed use as located and configured will contribute to or promote the general
welfare and convenience of the City.
The benefits that the City gains from the proposed use outweigh the loss of or damage to
an% homes. businesses, natural resources. agricultural lands, historical or cultural
landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of
significance; and outweigh the personal and economic cost of any disruption to the lives,
business, and property of individuals affected by the proposed use.
Adequate utilities, road access, drainage, and other necessary supporting facilities have
been or shall be provided.
The design, location, and arrangement of all public and private streets, driveways,
parking spaces, entrances, and exits shall provide for safe and convenient movement of
vehicular and pedestrian traffic without adversely affecting the general public or adjacent
developments.
6. The issuance of the SUP does not impede the normal and orderly development and
improvement of neighboring vacant property.
7. The location, nature, and height of buildings, structures, walls, and fences are not out of
scale with the neighborhood.
8. The proposed use will be compatible with and not injurious to the use and enjoyment of
neighboring property, nor significantly diminish or impair property values in the vicinity.
9. Adequate nuisance prevention measures have been or shall be taken to prevent or control
offensive odors, fumes, dust, noise, vibration and visual blight.
10. Sufficient onsite lighting is provided for the safety of patrons, employees, and property
and such lighting is adequately shielded or directed so as not to disturb or adversely affect
neighboring properties.
11. There is sufficient landscaping and screening to ensure harmony and compatibility with
adjacent properties.
Job 94022 /September 1, 1999 /(SUP)/Dr. Pepper StarCenter
Ordinance No. 1385, Page 7 of 8
I 2. The proposed operation is consistent with the applicant's submitted plans and projections.
or where inconsistencies exist, the benefits to the community outweigh the costs.
1 =. The proposed use is in accordance with the City's Comprehensive Land Development
Plan.
Job 144032 September 1, 1999 /(SUP) /Dr. Pepper StarCenter
Ordinance No. 1385, Page 8 of 8