HomeMy WebLinkAbout2145 12-13-2016 ORDINANCE NO. 2145
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON 1.48 ACRES OUT OF THE JOHN H. HAVENS SURVEY,
ABSTRACT NO 685, TRACTS 2A4 AND 3, 2601 STATE HIGHWAY 121
FOR EATING ESTABLISHMENT WITH ANCILLARY DEDICATED
CURBSIDE PICKUP; 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 December 6, 2016, in conjunction with Specific Use Permit Case No. 16-17- 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. Eating establishment with ancillary dedicated curbside pickup
use as specifically described on Exhibit A and Specific Use Permit Form (attached hereto
and made a part hereof) shall be permitted on 1.48 acres out of the John H. Havens
Survey, Abstract No 685, tracts 2A4 and 3, 2601 State Highway 121.
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, 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. 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,
0 nays, and 0 abstentions.
APPROVED:
Lmn a-- Aartin, Mayor
ATTEST:
K' utter, TRMC, City Secretary
APPROVED AS TO FORM:
Wayne Olson, City Attorney
Ordinance No. 2145, Page 2 of 4
EXHIBIT A
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Ordinance No. 2145, Page 3 of 4
THE CITY CSF
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17�
ORDINANCE NO. 2145
SPECIFIC USE PERMIT CASE #16-17-SUP
LAND USE: Eating Establishment
LOCATION: John H. Havens Survey, Abs. No. 685 Tracts 2A4 and 3
2601 SH 121
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 Business Owner: Blooming Brands Inc.;
2. The Specific Use Permit is tied to the Business Name: Outback Steakhouse;
3. 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
4. Upon revocation or expiration of the Specific Use Permit, all uses permitted
hereunder shall cease.
Considered by Planning and Zoning Commission:
DECEMBER 6, 2016:
0approval denial
X
,Signature of P Z C firman
Considered by City Council:
DECEMBER 13, 2016:
Dapproval denial
X
` Signature of ay.or.__
Ordinance No. 2144, 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:
CITY OF EULESS ACCOUNTS PAYABL PO Number:
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 -()1 261 LINE $1.02 $266.22
Sales Discount ($78.30)
Misc Fee $5.00
RECEIVE Net Amount: $192.92
DEC 2 7 2016 REQUISITION
CITY OF EULESS
FINANCE DEPT �° '�
County of Tarrant 16:5u
LX JS
Before me,a Notary Public in and forsaidCounty and State, this day personalty appeared Leticia LE
for the Star-Telegram,publshed by the Star-Telegram,Inc.at Fort Worth,in Tarrant County,Texas:and who after being duly sworn,
did depose andsay that the attached clipping of advertisement was published in the above named paper on the luted dates:
BIDS&LPGALS DEPT Star-Telegram.(,SUBSCRIBED AND SWORNTO BEFORE ME,
THIS DAYOF Dec. OIOj 2016
SgnJC*�114
CHRyLAND
STL OF TEXAS
Corton. iIN 20pA
N0TA9?yPUBLI
-I a%. I 1A 49daa, 4'D
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: $
OV+E�Y\CA syl 1 o (SO
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 I 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 11 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 ORD
I- 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
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, as required FOR PUBLICATION IN THE OFFI- Code of Ordinances. Each such
by Section 12 of Article 11 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 11 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
WAY, 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 11 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,Eu
lss
ADDITION, BLOCK 1, LOT A43R, Code of Ordinances. Each suech
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 11 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 Euess City Council
with Chapter 1,Section 1-12,Euless on December 13, 2016, by a vote
Code of Ordinances. Each such of 5 ayes,0 nays and 0 abstentibns.
violation shall be deemed a separate
offense and shall be punishable as
such hereunder