HomeMy WebLinkAbout2176 10-24-2017 ORDINANCE NO. 2176
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON SOMERSET PLACE ADDITION, BLOCK C, LOT 27ER; 100
EAST MIDWAY DRIVE, FOR AN EATING ESTABLISHMENT WITH
ALCOHOL SALES; 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 October 17, 2017, in conjunction with Specific Use Permit Case No. 17-10-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 October 24, 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. An Eating Establishment with Alcohol Sales use as specifically
described on the Specific Use Permit Form (attached hereto and made a part hereof)
shall be permitted on Somerset Place Addition, Block C, Lot 27ER, 100 East Midway
Drive.
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 October 24, 2017, by a vote of 7 ayes,
o nays, and 0 abstentions.
APPROVED:
Linda Martin, Mayor
ATTEST:
Kim Sutter, TRMC, City Secretary
APPROVED AS TO FORM:
(j()
Wayne Olson, City Attorney
Ordinance No. 2176, Page 2 of 3
THE CITY OF
BuLrEss
v\x--
ORDINANCE NO. 2176
SPECIFIC USE PERMIT CASE #17-10-SUP
LAND USE: Eating Establishment with Alcohol Saloes
LOCATION: Somerset Place Addition, Block C, Lot 27ER
100 E. Midway Drive
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. Saul Cruz; and,
b) The Specific Use Permit is tied to the Organization Name: Pepe's Pizza; and,
c) Alcohol sales and consumption shall not be allowed exterior to the primary concession
area. This includes areas within the parking lot, bleacher areas of the arenas, or any
exterior patio areas; and,
d) 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: October 17, 2017
V pproval
denial
X g "yt
nature
of P &Z Ch • man
Considered by City Council:
DATE OF ACTION: October 24, 20).7
approval denial
X ,,%.4 t__,_ "7/-1 " -7,
Signature of may
Ordinance No. 2176, Page 3 of 3
AMTe (Tram
CITY OF EULESS
ORDINANCE NO.2175
AN ORDINANCE OF THE CITY OF
EULESS, TEXAS, AMENDING TERRACE NORTH ADDITION,
CHAPTER 34 "FIRE PREVEN BLOCK 16, LOT AlAl, 820
TION AND PROTECTION;' SEC ,: .Er_,:.e,; WILSHIRE DRIVE,SUITE B FOR
TION 34.105 "AMENDMENTS E,,Y PLACE OF WORSHIP; PROVID `•�'t'
TO THE INTERNATIONAL FIRE ING FOR A SEVERABILITY
76.7827
CODE,"OF THE CODE OF ORDI mortctn E CLAUSE; PROVIDING A PENAL-NANCES OF THE OF FU TY FOR VIOLATION ROVID
LESS; R PEALINGCITY ALL ORDI- ING FOR PUBL CA IONP N THE
NANCES NANCESANDPARTS CONFLIICTFHERE IT 01 PROVIDINGFFICIAL NEWSPER; AND
ANPAEFFECTIVE
WITH; PROVIDING A DATE.
Account# Ad SEVERABILITY CLAUSE;provid- tion Amount Cols Depth
SECTION 3.
ing for a PENALTY FOR VIOLA- PENALTY FOR VIOLATION. An
600565 o0C
TION; PROVIDING A SAVINGS NCE N person, firm, or corporation 5146.88 1 204.00 Li
CLAUSE;PROVIDING FOR PUB- vio-lating any of the terms and
LICATION IN THE OFFICIAL provisions of this ordinance
Attention: NEWSPAPER; AND PROVIDING shall be deemed guilty of a mis-
AN EFFECTIVE DATE, demeanor, and upon conviction THE STATE OF TEXAS
SECTION 4. thereof shall be fined in accord-
CITY OF EULESS AC PENALTY FOR VIOLATION. Any ante with Chapter 1, "General
person,firm or corporation vio- Provisions,"Section 1-12,"Gen- I County of Tarrant
201 N ECTOR DR lating any of the terms and pro era Penalty," Euless Code of
EULESS, TX 7603935 visions of this ordinance shall Ordinances. Each such violation
be deemed guilty of a misde shall be deemed a separate of- Before me, a Notary Public in and for
meanor and, upon conviction fense and shall be Punishable as said Count and State,this da
thereof,shall be fined to accord- such hereunder, y y
ante with Chapter 1, Section 1- SECTION 4. personally appeared CHRISTINE
12, Euless Code of Ordinances. PUBLICATION CLAUSE. The cap-
Each such violation shall be tion, penalty clause, and effec LOPEZ, Bid and Legal Coordinator
deemed a separate offense and tive date clause of this ordi- for the Star-Telegram, published by
shall be punishable as such nance shall be published in a
hereunder. newspaper of general circulation the Star-Telegram, Inc. at Fort
SECTION 6.
PUBLICATION CLAUSE. The City in the City of Euless, in compli
i ante with the provisions of Arti- Worth, in Tarrant County, Texas, and
Secretary of the City of Euless cle II, Section 12, of the City
is hereby directed to publish the Charter. Further, this ordinance who, after being duly sworn, did
caption, penalty clause and ef- may br published in pamphlet depose and say that the attached
festive date of this ordinance in form and shall be admissible in
the official newspaper of the such form in any court, as pro- clipping of an advertisement was
City of Euless, as required by vided by law.
Section 12 of Article 11 of the PRESENTED AND PASSED ON published in the above named paper
Charter of the City of Euless. FIRST AND FINAL READING at
PRESENTED AND PASSED ON a regular meeting of the Euless on the listed dates:
FIRST AND FINAL READING at City Council on October 24,
a regular meeting of the Euless 2017,by a vote of 7 ayes,0 nays
City Council on October 24, and 0 abstentions.
2017,by a vote of 7 ayes,0 nays
0
and abstentions. ORDINANCE NO.2178
AN ORDINANCE AUTHORIZING 2 Insertion(s)
ORDINANCE N0.2176 THE ISSUANCE OF A SPECIFIC
AN ORDINANCE AUTHORIZING USE PERMIT ON MORRISDALE
THE ISSUANCE OF A SPECIFIC ADDITION,BLOCK 1A,LOT 2A2, Published On:
USE PERMIT ON SOMERSET 4317 WEST PIPELINE ROAD
PLACE ADDITION, BLOCK C, FOR A DOG GROOMING USE; October 27,2017,October 28,2017
LOT 27ER; 100 EAST MIDWAY PROVIDING FOR ;
DRIVE,FOR AN EATING ESTAB SEVERABILITY CLAUSE; PRO-
LISHMENT WITH ALCOHOL VIDING A PENALTY FOR VIOLA-
SALES; PROVIDING FOR A TION; PROVIDING FOR PUBLI-
SEVERABILITY CLAUSE; PRO- CATION IN THE OFFICIAL
VIDING A PENALTY FOR VIOLA NEWSPAPER; AND PROVIDING
TION; PROVIDING FOR PUBLI- AN EFFECTIVE DATE.
CATION IN THE OFFICIAL SECTION 3.
NEWSPAPER; AND PROVIDING PENALTY FOR VIOLATION. Any
AN EFFECTIVE DATE. Person, firm, or corporation
SECTION 3. vio-lating any of the terms and
PENALTY FOR VIOLATION. Any Provisions of this ordinance
person, firm, or corporation shall be deemed guilty of a mis-
vio-lating any of the terms and demeanor, and upon conviction
provisions of this ordinance thereof shall be fined in accord-
shall be deemed guilty of a mis- ante with Chapter 1, "General
demeanor, and upon conviction Provisions,"Section 1-12,"Gen-
thereof shall be fined m accord eral Penalty," Euless Code of
ante with Chapter 1, "General Ordinances. Each such violation
Provisions,"Section 1 12
, Gen- shall be deemed a separate of-
eral Penalty," Euless Code of fense and shall be Punishable as
Ordinances. Each such violation such hereunder. (Principal Clerk)
shall be deemed a separate of- SECTION 4.
fense and shall be punishable as PUBLICATION CLAUSE. The cap-
such hereunder. tion, penalty clause, and effec-
tive date clause of this ordi- BEFORE ME,THIS 31 st day of
nance shall be published in n
PUBLICATION CLAUSE. The cap newspaper of general circulation October in the year of 2017
tion, penalty clause, and effec in the City of Euless, in compli-
tive date clause of this ordi ante with the provisions of Arti-
nance shall be published in a cle 11, Section 12, of the City
newspaper of general circulation Charter. Further, this ordinance
III the City of Euless, in comPli may be published in pamphlet 1
C ante with the provisions of Arti- form and shall be admissible in ( (�
cle II, Section 12, of the City such form in any court, as pro- t
Charter. Further,this ordinance vided by law.
may be published in pamphlet PRESENTED AND PASSED ON
form and shall be admissible it FIRST AND FINAL READING at Notary Public
such form to any court, as pro a regular meeting of the Euless
PRESENTED by law.
AND PASSED 01 City Council on October 24,
2017,by a vote of 7 ayes,0 nays
FIRST AND FINAL READING a and 0 abstentions.
a regular meeting of the Eules
City Council on October 24, ``rtiir��'
2017,by a vote of 7 ayes,0 nays `�1pRyP&�,� LESLIE BUCKLEY
and 0 abstentions. 10..
_Notary Public, State of Texas
ORDINANCE NO.2177 tea; r'ye
AN ORDINANCE AUTHORIZING �v�.,,.:+-F' Comm. Expires 09-24-2021
THE ISSUANCE OF A SPECIFIC /Oii �`�
USE PERMIT ON OAKWOOD Notary ID 128058260