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HomeMy WebLinkAbout2163 08-29-2017 ORDINANCE NO. 2163 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON OAKWOOD TERRACE NORTH ADDITION, BLOCK 16, LOT A1A1, 820 WILSHIRE DRIVE, SUITE D, FOR A PRIVATE MEMBERSHIP ORGANIZATION; PROVIDING FOR 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 August 22, 2017, in conjunction with Specific Use Permit Case No. 17-09-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 August 29, 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. ALLOWED USES. A Private Membership Organization use as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof) shall be permitted on Oakwood Terrace North Addition, Block 16, Lot A1A1, 820 Wilshire Drive, Suite D. 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 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 August 29, 2017, by a vote of 5 ayes, 2 nays, and 0 abstentions. APPROVED: d 2 • Linda -rtin, Mayor r g. ATTEST: /' K -utter, T"MC, City Secretary APPROVED AS TO FORM: /Aji( 6),„ Wayne Olson, City Attorney Ordinance No. 2163, Page 2 of 3 • THE iC I T Y OF t \\/\,,,i ORDINANCE NO. 2161 SPECIFIC USE PERMIT CASE #17-09-SUP LAND USE: Private Membership Organization (Place of Assembly) LOCATION: Oakwood Terrace North Addition, Block 16, Lot A1A1 820 Wilshire Drive, Suite D 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): a) The Specific Use Permit is tied to owner of the assembly use: Mr. Motukia Tevi; and, b) The Specific Use Permit is tied to the Organization Name: Tongan Meeting Hall; and, c) Parking will not be allowed on any unimproved (unpaved) areas or double parked areas blocking vehicles from entering or leaving the site; and, d) All access to the leased space shall remain open and clear and the sidewalk kept clear for the public way; and, e) All of the formal activities associated with the membership club use must be held internal to the building; and, f) The term of this Specific Use Permit shall be granted for a period of one year in order to gauge the further appropriateness of the use at the specific location; and. g) 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: August 22, 201 .- approval denial X (PZ, gl Signature of P &Z Chairman Considered by City Council: DATE OF ACTION: August 29, 201 Y/ approval denial Ordinance No. 2163, Page 3 of 3 Signature of ayo CITY OF EULESS ORDINANCE NO.2163 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE ON OD STATE OF TEXAS TERRACE PERMITNORTHADDITION, COUNTY OF TARRANT BLOCK 16, LOT A 820 WILSHIRE DRIVE,SUITE D,FOR A PRIVATE MEMBERSHIP OR- GANIZATION; PROVIDING FOR A SEVERABILITY CLAUSE;PRO- VIDING A PENALTY FOR VIOLA- TION; PROVIDING FOR PUBLI- CATION 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 ordinance shall be deemed Befo e i1�e,a Notary ublic in an for said County and State,this da poof c misdemeanor and, y uupon n conviction thereof,shall be fined in accordance with Chap- ter 1,Section 1-12,Euless Code personally appeared of Ordinances. Each such viola- ,Advertisir tion shall be deemed a separate for the Star-Telegram,pu lished by the Star-Telegram,In .at FortWorth,in Tarrant Cour asfsuch hereundelr be punishable distributed In other surrounding Counties;and who,after bein dul did dis SECTION 4. g y sworn pose an PUBLICATION. The City Secretary following clipping of an advertisement was published in the above named paper on the fol] dIf the City to of E uless thecaption, irected penalty clause and effective date of this ordinance I in the of- l/,/h� ficial newspaper of the City of Euless, as required by Section I 12 of Article II of the Charter of the City of Euless. no PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on August 29,2017, by a vote of 5 ayes,2 nays and 0 abstentions. Signed Subscribed and sworn to before me,this the d4of ` 20 Notary PubjL Tarrant Coun Texas LESLIE BUCKLEY ��osPAr Pim'. Notary Public,State of Texas Comm. Expires 09-24-2021 Notary ID 128058260 j,