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HomeMy WebLinkAbout1951 03-27-2012 ORDINANCE NO. 1951 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON SOMERSET PLACE ADDITION, BLOCK C, LOTS 27ER AND 27A, 100 EAST MIDWAY DRIVE FOR AN INDOOR SOCCER ARENA; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION; PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on March 6, 2012, in conjunction with Specific Use Permit Case No. 12-04- SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on March 27, 2012, 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: SECTION 1 ALLOWED USES THAT Indoor Soccer Arena uses as specifically described on Exhibit "A" (attached hereto and made a part hereof) and on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on Somerset Place Addition, Block C, Lots 27ER and 27A, 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. 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 and upon second publication, 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 27, 2012, by a vote of 7 ayes, o nays, and o abstentions. APPROVED:at-jg hit Mary Lib„ialeh, Mayor ATTEST: _'AL i utter, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 1951, Page 2 of 4 T H E C I T Y O F EuLEss ORDINANCE NO. 1951 SPECIFIC USE PERMIT CASE #12-04-SUP LAND USE: INDOOR SOCCER ARENA LOCATION: (property address): 100 E MIDWAY DR (legal description): Somerset Place Addition, Block C, Lots 27ER and 27A 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 SUP would be tied to the business owner, Blue Sky Sports Center of Euless LLC; 2) The SUP would be tied to the business name, Blue Sky Sports Center; and, 3) The SUP would be valid for five years. Considered by Planning and Zoning Commissio : DATE OF ACTION: March 6, 2 approval denial X / K• Wzc Signfrature of P &Z hairman Considered by City Council: DATE OF ACTION: March 27, 2012 approval denial X Ordinance No. 1951, Page 3 of 4 Signature of Mayor 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1400•Metro 817/267-4403•Fax 817/685-1416 www.ci.euless.tx.us EXHIBIT "A" 100 E Midway Drive-Exhibit ▪ _ 7. L `r I t A _ . a J 1 ` 1 .rte �' !r 3. _E(` - .a . ' L _—_ MID _.. . - E WAY DR _', _ , . -t•. 1 r N f „ ' _1 mi. . - 4T K F ! r i" Subject Property *.'3.1 ' • • 100 E Midway Drive 'ray��Y_ - Jas,. �� +1.. � - Y� 1 . _ . 11 TT . r ; 30C1 01 n .. .4ki , ,,:'''''attic./..' 1 • ..,„..... . _ . . ` ; r 1.....„. .. 1 , 4..M..- t srl _ , ig . i 11:-_-_""-7fiila.' . — ^� T a ` 1 x — PRIMR03E HI1I �' _ aa' The City of Euless makes no representation or warranty as to the 1:1,125 accuracy of this map and its information nor to its fitness for use. Any user of this map product accepts the same AS IS,WITH ALL FAULTS,and assumes all responsibility for the use thereof.and further agrees to not hold the City of Euless liable from any damage,loss,or liability arising from any use of the map product. Independent verification of all information contained on this map should be obtained by the end user. Ordinance No. 1951, Page 4 of 4 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 320689501 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/31/2012 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 3/31/2012 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 32068950 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS . PAYABLE Publication Date: 3/31/2012 Description Location Cot Depth Linage MU Rate Amount CITY OF EULESS CITY OF ORDINANCE No. 1951 1 13580 1 42 42 LINE $6.18 $259.52 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON SOMERSET PLACE Sales Dis$ ADDITION, BLOCK C, LOTS 27ER I ($241.32) AND 27A, 100 EAST MIDWAY I DRIVE FOR AN INDOOR SOCCER IVllsc Feel ARENA; PROVIDING FORA SEV- $10.00 ERABILITY CLAUSE;PENALTY FOR VIOLATION;PUBLICATION AND AN EFFECTIVE DATE. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and upon $2$ Zo second publication, as provided by Net Amount: the Euless City Charter and the laws of the State of Texas. 1 u ``��UlllilllGej� PENALTY FOR VIOLATION. Any i `` �, I. 11/ person, firm, or corporation via-latin9 any of the terms and ••'• provisions of this ordinance shall .... 0,'•, ..7• _0.Y P(/e •,� he deemed guilty of a misdemeanor, ` • • �r('(�'" • and upon conviction thereof siiall ) _ be fined in accordance with Chapter j S U:•= �' • 1,"General Provisions," Section 1- , F.*: �\ • 12,"General Penalty,"Euless Code • of Ordinances. Each such vio;ation •• 9 S shall be deemed a separate offense 7� •• / .Of g and shell he punishable as such % •••6PIRE •'A PRESENTED AND PASSED ON FIRST // 1•.A V��A, THE ST/j meeet ng of the Eule s City Council ��w��/1111/131111111��, County Oi on March 27, 2012, by a vote of 7 ayes, 0 nays, and 0 abstentions. I Before rr APPROVED: County and State,this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for /s/ Mary Lib Saleh, Mayor Y Y P Y PP Y 9 the Star- ATTEST: elegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say AP PROVED AS TO /s/Kim Sutter,T TO FORM F,FORM: was publishe. the above named P paper that the e ant ' bd a er on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM APPROVED (817)21!1 /sj Wayne K. Olson, City Attorney \ \,....,c,, . � � Signed ‘_ v SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,April t , /Al:. / Notary Public L1.1 . .# . . If al , di / Thank You For Your Payment Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 320689501 Invoice Amount: 528.20 PO Number: Amount Enclosed: $ Z_Z.LU INVOICE Star-Telegram Customer ID: CITO9 SOS Throekmorton St. Invoice Number: 320739191 FORT WORTH,TX 76102 (817)300-7761 Invoice Date: 4/1/2012 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2012 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 32073919 EULESS. TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS . PAYABLE Publication Date: 4/1/2012 Description Location Col Depth Linage MU Rate Amount Legal Notices CITY OF EUI. .N.�.4,..-.°- ..,�.µ ,��" I3580 1 42 42 LINE $0.00 CITY OF EULESS ORDINANCE NO. 1951 AN ORDINANCE AUTHORIZING THE , ISSUANCE OF A SPECIFIC USE PERMIT ON SOMERSET PLACE �O o0 ADDITION, BLOCK C, LOTS 27ER Net mount: 27A, 100 EAST MIDWAY DRIVE FOR AN INDOOR SOCCER ARENA; FOR A SEV- ERABILITY COLAUSE;PENALTY FOR VIOLATION;PUBLICATION AND AN EFFECTIVE DATE. EFFECTIVE DATE. This ordinance ',�111111111111Jpl� shall be in full force and effect ``\`0 L• H� //��',, from and after its passage and upon i second publication, as provided by ``;�C, ......e�I iji the Euless City Charter and the 1" Y'� laws of the State of Texas. /k i PENALTY FOR VIOLATION. Any V 2 % Q person, firm, or corporation 14 vio-lating any of the terms and j provisions of this ordinance shall �\ be deemed guilty of a misdemeanor, `r • and upon conviction thereof shall - ��OF be fined in accordance with Chapter ., CPIFES•••• .. 1,"General Provisions," Section 1- i ��ij� �/ 2 `��� 12,"General Penalty,"Euless Code of Ordinances. Each such violation t shall be deemed a separate offense s/f!4!!!►l1lI 1151\��\ and shall be punishable as such THE STATE OF hereunder. I County of Tarra PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular i meeting of the Euless City Council Before me,a Ni on March nays 27, 2012and,0 a by bstention vote of s.7 r and State,this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for ayes0, , the Star-Telegr APPROVED. FI, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attache /5/ Mary Lib Saleh, Mayor s publish d in the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)215-2323 ATTEST: /s/Kim Sutter,TRMC,City Secretary i APPROVED AS TO FORM: , /s/ Wayne K. Olson,City Attorney Signed ' NI i \N— A ° SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday,April r., 2)0 . _ / / Notary Public / L�.4 / i I; ..it._- .„I Thank You For Your Payment ...._ ...... .. .. ...... ...._. .... ..... ...... ..... ... ..... ........ ..... ....... .... . ._ ...._. ... . ....... ....... . ...._ ..... ....... ... . ...... .... ....... . Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 320739191 Invoice Amount: S0.00 PO Number: Amount Enclosed: $ 75: