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HomeMy WebLinkAbout2142 12-13-2016 ORDINANCE NO. 2142 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON INTERNATIONAL REGIONAL INDUSTRIAL COMPLEX, BLOCK D, LOT 1 R, 1513 WESTPARK WAY, FOR A TELECOMMUNICATIONS TOWER; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on November 15, 2016, in conjunction with Specific Use Permit Case No. 16- 18-SUP, 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 December 13, 2016, 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, THAT: SECTION 1. ALLOWED USES. Telecommunication Tower uses as specifically described in Exhibit A, and conditioned on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on International Regional Industrial Complex, Block D, Lot 1 R, 1513 Westpark Way. SECTION 2. 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 3. 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 4. PUBLICATION CLAUSE. The caption and penalty 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 City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. 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 December 13, 2016, by a vote of 5 ayes, o nays, and o abstentions. APPROVED: Lin a Ma m, Mayor ATTEST: Kim utter, T MC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2142 Page 2 of 4 EXHIBIT A A v Co DD 0 r � I 2� I I < I I II y � w I, O ` 9 } Y t r 1 i D R 7c Ordinance No. 2142, Page 3 of 4 T H E C I T Y O F EKU- EE� S S �7j-�r ORDINANCE NO. 2142 SPECIFIC USE PERMIT CASE #16-18-SUP LAND USE: Telecommunications Tower LOCATION: International/Regional Industrial Complex, Block D, Lot 1R 1513 Westpark Way This permit is valid only for the property and use listed above and then ONLY in accordance with the following documents and/or conditions: CONDITIONS (INCLUDING DATES): 1. The Specific Use Permit is tied to the City of Euless; 2. The Specific Use Permit may be revoked if one or more of the conditions imposed by this permit has not been met or has been violated; and 3. Upon revocation or expiration of the Specific Use Permit, all uses permitted hereunder shall cease. Considered by Planning and Zoning Commission: DATE OF ACTION: November 15, 2016 li� approval =denial Signature of P WZ Chairman Considered by City Council: DATE OF ACTION: December 13, 016 [Vlapproval =denial X ignature of r Ordinance No. 2142, Page 4 of 4 INVOICE Star-Telegram Customer ID: CIT09 808 Throckmorton St. Invoice Number: 339059151 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 12/15/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 12/31/2016 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 33905915 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS O Attn:Attn: ACCOUNTS .PAYABLE Publication Date: 12/15/2016 Description Location Col Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO.2 I3580 1 201 261 LINE $1.O2 $266.22 Sales Discount ($78.30) Misc Fee $5.00 RECEIVED Net Amount: $192.92 DEC 2 7 2016 REQUI SITION CITY OF EULESS FINANCE DEPT �aEC 2'7 2ii15 �0 County of Tarrant Before me,a NotaryTudlic in and orsaidCounty and State, tFiis day personally appearerfLeticia�ig � � E 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 advertisement was published in the above named paper on the listed dates: BIDS ear LBGALS DEPZ.Star-Telegram.(1 SUBSCRIBED AND SWORNTO BEFORE ME, THIS DAYOF Dec. A�1 2016 SignC*� ;• 'b CHRISTY L.HOLLAND STATE TEXAS a w COMM. X31 0 91(OTAR}P`LLBLI 1A 2 Thank You For Your Payment _-----_--_.__ --- -------------------------.-------- Remit To: Star-Telegram Customer ID: CIT09 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 339059151 Invoice Amount: $192.92 PO Number: Amount Enclosed: $ SECTION 4. CITY OF EULESS PUBLICATION.The City Secretary of ORDINANCE NO. 2146 ORDINANCE NO. 2141 the City of Euless is hereby directed AN ORDINANCE OF THE CITY OF AN ORDINANCE AUTHORIZING THE to publish the caption, penalty EULESS, TEXAS, AMENDING ISSUANCE OF A SPECIFIC USE clause and effective date of this CHAPTER 14 BUILDINGS AND ordinance in the official newspaper BUILDING REGULATIONS"OF THE PERMIT ON J. P. HALFORD AD- of the City of Euless, as required CODE OF ORDINANCES OF THE DITION,BLOCK D,LOT 7,116 WEST by Section 12 of Article II of the CITY OF EULESS; ADOPTING THE EULESS BOULEVARD, FOR TIRE Charter of the City of Euless. 2015 INTERNATIONAL PROPERTY REPAIR SHOP; PROVIDING A PRESENTED AND PASSED ON FIRST MAINTENANCE CODE; ADOPTING SEVERABILITY CLAUSE; PROVID- AND FINAL READING at a regular LOCAL AMENDMENTS TO THE ING A PENALTY FOR VIOLATION; meeting of the Euless City Council 2015 INTERNATIONAL PROPERTY PROVIDING FOR PUBLICATION IN on December 13, 2016, by a vote MAINTENANCE CODE; PROVIDING THE OFFICIAL NEWSPAPER; AND of 5 ayes,0 nays and 0 abstentions. THAT THIS ORDINANCE SHALL BE PROVIDING AN EFFECTIVE DATE. CUMULATIVE OF ALL ORDI- ORDINANCE NO. 2144 NANCES AND REPEALING ALL SECTION 3. AN ORDINANCE AMENDING CHAP- CONFLICTING ORDINANCES; PENALTY CLAUSE.Any person,firm TER 84 OF THE CODE OF ORDI- PROVIDING A SEVERABILITY or corporation violating any of the NANCES, THE UNIFIED DEVELOP- CLAUSE; PROVIDING A PENALTY terms and provisions of this ordi- MENT CODE OF THE CITY OF FOR VIOLATION; PROVIDING A nance shall be deemed guilty of a EULESS, TEXAS; AMENDING THE SAVINGS CLAUSE; PROVIDING misdemeanor and, upon conviction CITY OF EULESS ZONING DISTRICT FOR PUBLICATION IN THE OFF[- thereof,shall be fined in accordance MAP ON PROPERTY SITUATED AS with Chapter 1,Section 1-12,Euless A 4.288 ACRE TRACT OF LAND IN I Code of Ordinances. Each such THE L. FRANKLIN SURVEY, AB- CIAL NEWSPAPER;#AND PROVID- violation shall be deemed a separate STRACT NO. 513, FROM TX121 ING AN EFFECTIVE DATE. offense and shall be punishable as GATEWAY DISTRICT (TX-121) TO SECTION 4. such hereunder. PLANNED DEVELOPMENT DIS- PENALTY CLAUSE.Any person,firm SECTION 4. TRICT (PD); ADOPTING SPECIFIC or corporation violating any of the PUBLICATION.The City Secretary of DEVELOPMENT STANDARDS; terms and provisions of this ordi- the City of Euless is hereby directed PROVIDING FOR A SEVERABILITY nance shall be deemed guilty of a to publish the caption, penalty CLAUSE; PROVIDING A PENALTY misdemeanor and, upon conviction clause and effective date of this FOR VIOLATIONS; PROVIDING A thereof,shall be fined in accordance ordinance in the official newspaper SAVINGS CLAUSE; PROVIDING with Chapter 1,Section 1-12,Euless of the City of Euless, asrequired FOR PUBLICATION IN THE OFFI- Code of Ordinances. Each such by Section 12 of Article II of the CIAL NEWSPAPER; AND PROVID- violation shall be deemed a separate Charter of the City of Euless. ING AN EFFECTIVE DATE. offense and shall be punishable as PRESENTED AND PASSED ON FIRST SECTION 4. such hereunder. AND FINAL READING at a regular PENALTY CLAUSE.Any person,firm SECTION 6. meeting of the Euless City Council or corporation violating any of the PUBLICATION.The City Secretary of on December 13, 2016, by a vote terms and provisions of this ordi- the City of Euless is hereby directed of 5 ayes,0 nays and 0 abstentions. nance shall be deemed guilty of a to publish the caption, penalty misdemeanor and, upon conviction clause and effective date of this ORDINANCE NO. 2142 thereof,shall be fined in accordance ordinance in the official newspaper AN ORDINANCE,AUTHORIZING THE with Chapter 1,Section 1-12,Euless of the City of Euless, as required ISSUANCE OF A SPECIFIC USE Code of Ordinances. Each such by Section 12 of Article II of the PERMIT ON INTERNATIONAL RE- violation shall be deemed a separate Charter of the City of Euless. GIONAL INDUSTRIAL COMPLEX, offense and shall be punishable as PRESENTED AND PASSED ON FIRST BLOCK D,LOT 1R,1513 WESTPARK such hereunder. AND FINAL READING at a regular y AY, FOR A TELECOMMUNICA- SECTION 6. meeting of the Euless City Council TIONS TOWER; PROVIDING A PUBLICATION.The City Secretary of on December 13, 2016, by a vote SEVERABILITY CLAUSE; PROVID- the City of Euless is hereby directed of 5 ayes,0 nays and 0 abstentions. ING A PENALTY FOR VIOLATION; to publish the caption, penalty PROVIDING FOR PUBLICATION IN clause and effective date of this THE OFFICIAL NEWSPAPER, AND ordinance in the official newspaper PROVIDING AN EFFECTIVE DATE. of the City of Euless, as required SECTION 3. by Section 12 of Article II of the PENALTY CLAUSE.Any person,firm Charter of the City of Euless. or corporation violating any of the PRESENTED AND PASSED ON FIRST terms and provisions of this ordi- AND FINAL READING at a regular nance shall be deemed guilty of a meeting of the Euless City Council misdemeanor and, upon conviction on December 13, 2016, by a vote thereof,shall be fined in accordance of 5 ayes,0 nays and 0 abstentions. with Chapter 1,Section 1-12,Euless Code of Ordinances. Each such ORDINANCE NO. 2145 violation shall be deemed a separate AN ORDINANCE AUTHORIZING THE offense and shall be punishable as ISSUANCE OF A SPECIFIC USE such hereunder. PERMIT ON 1.48 ACRES OUT OF SECTION 4. THE JOHN H. HAVENS SURVEY, PUBLICATION.The City Secretary of ABSTRACT NO 685, TRACTS 2A4 the City of Euless is hereby directed AND 3,2601 STATE HIGHWAY 121 to publish the caption, penalty FOR EATING ESTABLISHMENT clause and effective date of this WITH ANCILLARY DEDICATED ordinance in the official newspaper CURBSIDE PICKUP; PROVIDING A of the City of Euless, as required SEVERABILITY CLAUSE; PROVID- by Section 12 of Article II of the ING A PENALTY FOR VIOLATION; Charter of the City of Euless. PROVIDING FOR PUBLICATION IN PRESENTED AND PASSED ON FIRST THE OFFICIAL NEWSPAPER; AND AND FINAL READING at a regular PROVIDING AN EFFECTIVE DATE. meeting of the Euless City Council SECTION 3. on December 13, 2016, by a vote PENALTY CLAUSE.Any person,firm of 5 ayes,0 nays and 0 abstentions.; or corporation violating any of the terms and provisions of this ordi- ORDINANCE NO. 2143 nance shall be deemed guilty of a AN ORDINANCE AUTHORIZING THE misdemeanor and, upon conviction ISSUANCE OF A SPECIFIC USE thereof,shall be fined in accordance PERMIT ON OAKWOOD TERRACE with Chapter 1,Section 1-12,Euless ADDITION, BLOCK 1, LOT A43R, Code of Ordinances. Each such 230 VINE STREET, FOR AUTO- violation shall be deemed a separate MOTIVE REPAIR SHOP; PROVID- offense and shall be punishable as ING A SEVERABILITY CLAUSE; such hereunder. PROVIDING A PENALTY FOR VI- SECTION 4. OLATION; PROVIDING FOR PUB- PUBLICATION.The City Secretary of LICATION IN THE OFFICIAL the City of Euless is hereby directed NEWSPAPER,AND PROVIDING AN to publish the caption, penalty EFFECTIVE DATE. clause and effective date of this SECTION 3, ordinance in the official newspaper PENALTY CLAUSE.Any person,firm of the City of Euless, as required or corporation violating any of the by Section 12 of Article II of the terms and provisions of this ordi- Charter of the City of Euless. nance shall be deemed guilty of a PRESENTED AND PASSED ON FIRST misdemeanor and, upon conviction AND FINAL READING at a regular thereof,shall be fined in accordance meeting of the Euless City Council with Chapter 1,Section 1-12,Euless on December of 5 ayes,0 nays and 0 , btent o to Code e of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder.