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HomeMy WebLinkAbout2214 03-12-2019 ORDINANCE NO. 2214 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 84, UNIFIED DEVELOPMENT CODE, AMENDING THE CITY OF EULESS ZONING DISTRICT MAP ON 16.36 ACRES IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152, PORTION OF TRACT 1A03, BY CHANGING THE ZONING FROM PLANNED DEVELOPMENT (PD) DISTRICT ZONING INTO PLANNED DEVELOPMENT (PD) DISTRICT ZONING AS DESCRIBED HEREIN AND ON THE ATTACHED EXHIBIT A; PROVIDING FOR A SEVERABILITY CLAUSE, PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on March 5, 2019, in conjunction with Zoning Case No. 18-05-PD, 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 12, 2019 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. The official zoning district map of the City of Euless, Texas, being a part of Chapter 84 of the Code of Ordinances, be amended to read so that the zoning district classification of 16.36 acres in the Adam Bradford Survey, Abstract No. 152, Portion of Tract 1A03, is changed from Planned Development (PD) District zoning into Planned Development (PD) District zoning as described herein and on the attached Exhibit A. Said property described above shall be subject to all the safeguards and conditions set forth on said Exhibit A or stipulated herein. Said Exhibit A shall be applicable only to the property described in herein. 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. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the Euless Unified Development Code applicable to the Property that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 5. 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. SECTION 6. 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 12, 2019, by a vote of 5 ayes, o nays, and 0 abstentions. APPROVED: APPROVED AS TO FORM: Lin--a Wrtin, Mayo Wayne Olson, City Attorney ATTEST: Kim utter, TRMC, City Secretary Ordinance No. 2214, Page 2 of 6 Ordinance No. 2214, Page 3 of 6 Ordinance No. 2214, Page 4 of 6 Ordinance No. 2214, Page 5 of 6 Ordinance No. 2214, Page 6 of 6 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 1 800.776.7827 AFFIDAVIT OF PUBLICATION tt�ount# Ad Number Identification PO Amount Cols Depth 0565 0004130155 CITY OF EULESS ORDINANCE NO.2214 AN OI ORD NO 2214 $49.64 1 62.00 Li Attention: lindsay wells THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR EULESS, TX 760393543 Before me, a Notary Public in and for said County and State,this day personally appeared CHRISTINE CITY OF EULESS CITY OF EULESS ORDINANCE NO. 2214 ORDINANCE NO.2214 LOPEZ, Bid and Legal Coordinator AN ORDINANCE AMENDING THE AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CODE OF ORDINANCES OF THE for the Star-Telegram, published by CITY OF EULESS, CHAPTER 84, CITY OF EULESS, CHAPTER 84, the Star-Telegram, Inc. at Fort Worth, UNIFIED DEVELOPMENT CODE, UNIFIED DEVELOPMENT CODE, AMENDING THE CITY OF EU- AMENDING THE CITY OF EU- In Tarrant County,Texas; and who, LESS ZONING DISTRICT MAP LESS ZONING DISTRICT MAP ON 16.36 ACRES IN THE ADAM ON 16.36 ACRES IN THE ADAM after being duly sworn, did depose BRADFORD SURVEY, AB- BRADFORD SURVEY, AB- STRACT NO. 152, PORTION OF STRACT NO. 152, PORTION OF and say that the attached clipping of TRACT 1AO3, BY CHANGING TRACT 1A03, BY CHANGING THE ZONING FROM PLANNED THE ZONING FROM PLANNED an advertisement was published In DEVELOPMENT (PD) DISTRICT DEVELOPMENT (PD) DISTRICT the paper on the listed ZONING INTO PLANNED DE- ZONING INTO PLANNED DE e above namep p VELOPMENT (PD) DISTRICT VELOPMENT (PD) DISTRICT dates: ZONING AS DESCRIBED HERE- ZONING AS DESCRIBED HERE- IN AND ON THE ATTACHED EX- IN AND ON THE ATTACHED EX- HIBIT A; PROVIDING FOR A SEVERABILITY CLAUSE, PRO- HIBIT A; PROVIDING FOR A VIDING A PENALTY FOR VIOLA- SEVERABILITY CLAUSE, PRO- TION; PROVIDING A SAVINGS VIDING A PENALTY FOR VIOLA- CLAUSE; PROVIDING FOR PUB- TION; PROVIDING A SAVINGS 2 Insertion(s) LICATION IN THE OFFICIAL CLAUSE; PROVIDING FOR PUB- NEWSPAPER; AND PROVIDING LICATION IN NEWSPAPER, AND PROVIDINGEOFFICIAL AN EFFECTIVE DATE. Published On: SECTION 3. AN EFFECTIVE DATE. PENALTY FOR VIOLATION. Any SECTION 3. March 15, 2019, March 16,2019 rerson, firm, or corporation vio- PENALTY FOR VIOLATION. Any ating any of the terms and pro- person,firm,or corporation vio visions of this ordinance shall lating any of the terms and pro- be deemed guilty of a misde- visions of this ordinance shall meanor, and upon conviction be deemed guilty of a misde- thereof shall be fined in accord- meanor, and upon conviction ante with Chapter 1, "General thereof shall be fined in accord- Provisions," Section 1-12, "Gen- ante with Chapter 1, "General eral Penalty," Euless Code of Provisions,"Section 1-12,"Gen- Ordinances. Each such violation eral Penalty," Euless Code of shall be deemed a separate of- Ordinances. Each such violation fense and shall be punishable as shall be deemed a separate of such hereunder. fense and shall be punishable as SECTION 5. such hereunder. PUBLICATION CLAUSE. The City SECTION 5. Secretary of the City of Euless PUBLICATION CLAUSE. The City is hereby directed to publish in Secretary of the City of Euless the official newspaper of the is hereby directed to publish in City of Euless, as required by the official newspaper of the Section 12 of Article II of the City of Euless, as required by Charter of the City of Euless. Section 12 of Article II of the SECTION 6. Charter of the City of Euless. EFFECTIVE DATE. This ordinance SECTION 6. (Principal Clerk) shall be in full force and effect EFFECTIVE DATE. This ordinance from and after its passage, as shall be in full force and effect provided by the Euless City from and after its passage, as Charter and the laws of the provided by the Euless City SUBSCRIBED AND SWORN TO Charter and the laws of the PRESENTED AND PASSED ON ON State Texas. PRESENTED AND PASSED State of Texas. BEFORE ME, THIS 18th day of FIRST AND FINAL READING at I FIRST AND FINAL READING at March in the year of 2019 a regular meeting of the Euless a regular meeting of the Euless City Council on March 12, 2019, City Council on March 12, 2019, by a vote of 5 ayes, 0 nays, and by a vote of 5 ayes,0 nays,and �... 0 abstentions. 0 abstentions. Notary Public- *N:9 rF"oF t•�},4;' B ETHALEE O 2Myt IC Notary D ryJxpfesanuaryEi 25,