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HomeMy WebLinkAbout2149 03-14-2017 ORDINANCE NO. 2149 AN ORDINANCE AUTHORIZING THE AMENDMENT TO THE CITY OF EULESS, TEXAS ORDINANCE NO. 1385 REGARDING THE ISSUANCE OF A SPECIFIC USE PERMIT ON FLIGHT INSTRUMENT ADDITION, BLOCK 1, LOT 1, 1400 SOUTH PIPELINE ROAD WEST FOR A PUBLICLY OWNED RECREATIONAL SITE WITH LIMITED ALCOHOL SALE AND CONSUMPTION; 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 February 7, 2017, in conjunction with Specific Use Permit Case No. 17-01-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 March 14, 2017, 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; and WHEREAS, the City Council approved Ordinance No. 1385 on October 26, 1999, issuing a Specific Use Permit for a publicly owned recreational site with limited alcohol sale and consumption. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. ALLOWED USES. A publicly owned recreational site with limited alcohol sale and consumption use as specifically described and conditioned on the Specific Use Permit Form as originally approved under City of Euless Ordinance Number 1385 is hereby amended to modify the conditions as attached in the Special Use Permit Form as attached; and that a publicly owned recreational site with limited alcohol sale and consumption shall be permitted on Flight Instrument Addition, Block 1, Lot 1, 1400 South Pipeline Road West as indicated on Exhibit A hereto attached. 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 March 14, 2017, by a vote of 7 ayes, 0 nays, and n abstentions. APPROVED: APPROVED AS TO FORM: Lind`- 1artin, Mayor ,.__ - Wayne Olson, City Attorney ATTES : Ki .utter, TRMC, City Secretary r Ordinance No. 2149, Page 2 of 3 THE [CITY OF BuEss ORDINANCE NO. 2149 SPECIFIC USE PERMIT CASE #17-01-SUP LAND USE: Publically Owned Recreational Site LOCATION: Flight Instruments Addition, Block 1, Lot 1 1400 S. Pipeline Rd 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 Property Owner: City of Euless; 2. The Specific Use Permit is tied to the Business Name: City of Euless, 3. The possession and consumption of alcohol is limited to the second floor in total, and to approximately one thousand, five hundred square feet (1,500 SF) surrounding the concession stand on the first floor, unless the facility is rented for a private function; and 4. 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. Considered by Planning and Zoning Commission: DATE OF ACTION: �� I' lapproval denial X.-7•014.70 7qQ Signature of P &Z airman Considered by City Council: DATE OF ACTION: approval denial Xr- 6 ! _ _ -Igor ' Signa ure o Ma Ordinance No. 2149, Page 3 of 3 • Exhibit A Dr Pepper StarCenter__ 1400 S. Pipeline Rd. W. •ir Ordinance No. 2149, Page 4 of 4 A —v sawssCC ' 1 inch = 6 feet t e January 2017 f^ 10 a`D P o� ca o° �o •ir Ordinance No. 2149, Page 4 of 4 A —v sawssCC ' 1 inch = 6 feet t e January 2017 f^ 10 INVOICE Star-Telegram Customer ID: CIT09 808 nrockmorton St. Invoice Number: 339389301 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/18/2017 Federal Tax ID 26-2674582 Terms: Net due in 21 days Bill To: Due Date: 3/26/2017 CITY OF EULESS ACCOUNTS PAYABL PO Number: 201 N ECTOR DR Order Number: 33938930 EULESS, TX 76039-3543 Sales Rep: 047 Description: CITY OF EULESS O Attn:Attn: ACCOUNTS . PAYABLE Publication Dates: 3/17/2017 -3/18/2017 Description Location Col Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO. 2 13580 1 85 LINE $14.14 $2,403.16 Sales Discount ($2,350.36) Misc Fee $10.00 RECEIVED Net Amount: $62.80 MAR 272017 REQUISITION CITY OF EULESS County of Tarrant FINANCE DEPT. `B�r AR 28 u" y Z1iA Before me,a Notary Public in and for said County and State, this clay personaP_iR ' F, ,*�y ga(Coordinator for the Star-Telegram,published by the Star-Telegram,Inc.at,Fort`Worth,in Tarrant County,Texas:a w a er being duly sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the!'sited dates: BIDS&LEGs`iLS DEPT:Star-Telegram.(t SUBSCRIBED AND SWORN To BEFORE ME, T.XIS DAYOF March<96 2017 Signed 'PubI eo 6 OF AG NOTA9UPUBLIC v 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: 339389301 Invoice Amount: $62.80 PO Number: Amount Enclosed: $ CITY OF EULESS ORDINANCE NO. 2148 AN ORDINANCE AUTHORIZING THE to publish the caption, penalty ISSUANCE OF A SPECIFIC USE clause and effective date of this PERMIT ON 12.459 ACRES OF THE ordinance in the official newspaper J. HAVENS SURVEY, ABSTRACT of the City of Euless, as required NO.685,TRACT 2A FOR A HOTEL by Section 12 of Article 11 of the (LIMITED SERVICE); PROVIDING Charter of the City of Euless. FOR A SEVERABILITY CLAUSE; PRESENTED AND PASSED ON FIRST PROVIDING A PENALTY FOR VI- AND FINAL READING at a regular OLATION; PROVIDING FOR PUB- meeting of the Euless City Council LICATION IN THE OFFICIAL on March 14,2017, by a vote of 7 NEWSPAPER;AND PROVIDING AN ayes, 0 nays and 0 abstentions. EFFECTIVE DATE. SECTION 3. PENALTY CLAUSE.Any person,firm or corporation violating any of the terms and provisions of this ordi- nance shall be deemed guilty of a misdemeanor and, upon conviction thereof,shall be fined in accordance with Chapter 1,Section 1-12,Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 4. PUBLICATION.The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on March 14,2017, by a vote of 7 ayes, 0 nays and 0 abstentions. ORDINANCE NO. 2149 AN ORDINANCE AUTHORIZING THE AMENDMENT TO THE CITY OF EULESS, TEXAS ORDINANCE NO. 1385 REGARDING THE ISSUANCE OF A SPECIFIC USE PERMIT ON FLIGHT INSTRUMENT ADDITION, BLOCK 1, LOT 1, 1400 SOUTH PIPELINE ROAD WEST FOR A PUBLICLY OWNED RECREATIONAL SITE WITH LIMITED ALCOHOL SALE AND CONSUMPTION; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VI- OLATION; PROVIDING FOR PUB- LICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. SECTION 3. PENALTY CLAUSE.Any person,firm or corporation violating any of the terms and provisions of this ordi- nance shall be deemed guilty of a misdemeanor and, upon conviction thereof,shall be fined in accordance with Chapter 1,Section 142,Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 4. PUBLICATION.The City Secretary of the City of Euless is hereby directed