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HomeMy WebLinkAbout2302 05-10-2022ORDINANCE NO. 2302 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON PARK CENTER ADDITION, LOT 2, 2219 WEST EULESS BOULEVARD FOR A PSYCHIATRIC AND SUBSTANCE ABUSE CARE CENTER; 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 April 19, 2022, in conjunction with Specific Use Permit Case No. 22-03-SUP, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, City Council has conducted a public hearing on May 10, 2022, 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 Psychiatric and Substance Abuse Care Center and conditions as specifically described on the Specific Use Form and within Exhibit "A" (attached hereto and made a part hereof) shall be permitted on Park Center Addition, Lot 2, 2219 West Euless Boulevard. 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," e 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 Euless 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 May 10, 2022, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: ---L' da Ma m, Mayor - ATTEST: ~ Ki Sutter, RMC, CMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance 2302, page 2 of 7 \I\ \\ rl / m l I Q\ LOT W, BLOCK C \ LIT 40, BLOCK/C I\ I INTERN'ATION'A REGIOtdL / ` ) ) 9 I \\ INDUSTRIAL COMP Sta I I's IN7'ERQAACIttRL/RE&OVAL \ 2P m t 1 a IND ISTIIAL`ICOMfLEx J/ \ ; \ C4RINFT StiDF - 3(\, 1 I�$ -i ql Al ��TT \wN T\ TRAICT 11 l\\I \ \ `\ \ \` / / ,; ( EX ICONC ETE \ s f Illm—R I I I I I i I / I I I III III �(II-� V III r✓ JI Ln v Ln I w \ �IILOT 9, BLOCK C e I J I LNTERNATIONAL/REGIONAL (/ r —_ / INDUSTRIAL COMPLEX — — — _ _ — Ex giMPSTEN EX ASPHALT \ \ I \ tusu a b� v \ I N � PARK CENTER ADDITION ` VOLUME 388-49, PAGE 63 /v PR r OGE IO I BRICK 90LLCNG \ I \ TRACT 2 \ H6000 ACRES i \ C) I O DO ✓ \/ / O \ \ y \\ LLID \ \ -y 1 \400.20' —�- -- - - \ N/01-14'00'" W 780.00' ----I LEGEND MISTING CONC. PAVING EXISTING FIRE LANE STRIPE OWNER PBEPMEB/ENGINEER — — — POSITIVE RECOVERY CENTERS. LLC THOM/5 HOOV EN GINEERING, LLC 902 W. AiABAMA PO. BO% 1808HI R TEL(]13)904-%a688]�G BEJu/�91Jn1J502 HONE CONTACT: JULIE DeNOFA `ONTACT. THOMM MOVER 1 enof W ihvenc ry m om n90"-- � , NE. LLC � s f / v U o dJ O �J ��`• BEfUPEy NOTE THIS IS AR AMENDED SITE PUN SUBMITTAL THE PREVIOUS SITE PUN WAS PREPARED FOR RIGHT STEP AND WAS TO UTILIZE THE EOSTNG HOSPRM WIOW M A RECOVER- FACIUtt. 2) THE CHANGES i0 THE F SINCE THE MPRMEO SITE PUN ARE FOLLOWS' COURT WITH FENCING AND LIGHTS B. SANO VOLLEYBAII COURT C. ACCESSIBLE ROUTE FROM REAR OF BUILDING TO AGCESSIBLE PARKS 0 ANCESSIBLE AND STANDARD PARKS FAR WERE MOVED E STERLT. 3) THERE ARE NO MINOR PATIENTS PROPOSED BY LHITETRESOVERY CENTERS - OM MR THIS OCAHONTIME THOMAS HOOVER ENGINEERING, LLC P.O. BOX 1808 EILII, TE%AS ]6244 N913-1350 PH. E. FIRM REGISTRATION NO, 006009 POSITIVE RECOVERY CENTERS — DiW TRACT 2 PARK CENTER ADDITION AND TRACT 2AE k TRACT 2E VOL. 388-49, PAGE 83 IN THE CITY OF EULESS, TARRANT COUNTY, TERA.S. 6.000 ACRES OF LAND CURRENT ZONING — "I-2" REAVY INDUSTRIAL LAND USE — COMMERCIAL AMENDED SPfE PLAN TIN ER eMw SDS � sx 2 W w 2 e � 02-14- \ 'I I \\ LOT 10, eLocx c II II II ? LOT 10, BLOCK C INTF.RNATTON'AI./REGIONAL INTERNATIONAL/REGIONAL \\ INDUSTRUL COMPLEX LOT 9, BLOCK C INDUSTRUL COMPLEXIOF 1—��n. I Igo \ \ r <S e INTERNATIONAL/REGIONAL — INDCrSTRIAI. COMPLEX \\ \ Per<r z 615 SPACES \ \\ \\ \2 c M\EjN Z�REO \ No >P�c '\ N TN DUPE° PZ 60 _t" v N�o •: \ \ PARK CENTER ADDITION \ \ \ \ S VOLUME 388-49, PAGE 63 \ \ EOP�H PRTCT. l y 9 N Eg M0c o` P nrn Z`pONE STDRY GPPP � r \ � o`i^OmG BRICK BUILDING �\ \ TRACT 1 SpPCPO�"!i 9 N P TRACT 2 �I 8A00 ACRES O� \ , \ I� •(PR° \\ op0 n 8 SPACES �� �\ \\ �40 a 0 5F \ \. .r. •w /1 "A vt PY'S � `�i► 8 p`\PEO O G trrvt 5 r � N OR PC pO PZ 50 :.(✓ 5 \\l 379.80,-V400.20_ - ---------------� N 01'14'00" IN LEGEND r PROPOSED LARGE TREE PROPOSED ORNAMENTAL TREE 0 PROPOSED SHRUB EXISTING GROUND COVER T SPACES y 780.00' 1 12 SPACES B SPACES ONE Cq(1 }PZ �Ns pU' J 0 BEFOREy SITE DATA SUMMARY TABLE I I OWNER I POSONE RECOVERY W A PRE"tER/ENGINEER CENTERS, LIM TNO HOOVER ENGINEERING. LLC I r[ sr. TEL(]13)904-48R8]008 ONTALT. IDUE DCNOPA 7w e . P mverec P.O % 6244 NE /913-1350 PHONE CONIACT: THONNS HOOVER my. om tom N 90yaeao — THOMAS HOOVER ENGINEERING, LLC — — — — — - — P.O. ED 1ROR XELLER. TE%AS 11241 81 ]) 913-1350 PH. .B P.E. PI M REGISTRATION NO. 006009 POSITIVE RECOVERY CENTERS - DEW TRACT 2 PARK CENTER ADDTTTON AND TRACT 2AE A, TRACT 2E VOL 388-49, PAGE 63 IN THE CITY OF EULESS' TARRANT COUNTY. TEXAS. 8.000 ACRES OF LAND CURRENT ZONING - 1'-2" HKAVY INDUSRRW. LAND USE - COAMERCIAL LANDSCAPE PLAN TUI x �� LlN v�NE rIo L-1 M 02 to 24 1 - West OUTSIDE FOOTCANDLE LIGHT READINGS - taken pre -dawn 6:45 am Future Positive Recovery facility 2219 W Euless Blvd Euless, Texas 76040 "The property represented on this Plan conforms with the parking lot lighting requirements of5ection 84-201(i) ofthe Unified Development Code of the City of Euless, Texas". 1.2 6.0 7.1 0.6 door South X 16.1 0.91 8.3 1 door 4.9 door 4.2 door door 2.2 3.3 5.5 14.5 X 9.1 3.1 1.2 19.2 2.8 7.5 9.5 6.2 11.2 6.3 11.7 X X X X X X = POLE LIGHT NORTH ENTRANCE DRIVE WILLIAM PROBST DALRADA ENERGYSERVICES 512 554 5804 RANDYSWIM LIGHTING CONSULTANT 214 500 5078 7.3 East Ordinance 2302, page 5 of 7 TH EC::TY Cc TT_ C: J is L 1 ORDINANCE NO, 2302 SPECIFIC USE PERMIT CASE # 22-03-SUP LAND USE: PSYCHIATRIC AND SUBSTANCE ABUSE CARE CENTER LOCATION: 2219 WEST EULESS BOULEVARD This permit is valid only for the property and use iisipd above anti then 4NL`/in accordance with the following documents and/or conditions. CONDITIONS (INCLUDING DATES): 1) The Specific Use Permit is tied to the business owner; Positive Recovery, LLC; and 2) The Specific Use Permit is tied to the business name, Positive Recovery Centers - DFW: and 3) An emerges,,,y response plan will be generated by the operator of the facility in cooperation with the City of Euless Fire and Police Departments. This plan will set the parameters of what 3s considered an emergent situation and the expectations of response. The elan. will be set into writing, and provided to all employees of the facility and provided to the families of those in the facility' s care-, and r 4) Maintenance of the entire bui!ding will be required for `ife, health, and safety purposes regardlesJ if the entire facility is actively uiilized for the primary purpose of the business; and 5) 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: April 19, 2022 approval denial ��- Signature of P&Z Chairman Ordinance 2302, page 6 of 7 ORDINANCE NO 2302 SPECIFIC: USE PERMIT CASE ##22--03-SUP LAND USE: PSYCHIATRIC AND SUBS ;'ANC'.:E ABUSE CARE CENTER LOCATION. 2219 WEST EULESS BOU'LEI ARD This permit is valid oniv f or oaert./ end vl.se - 'r and then ON" Yin accordance with th9 following docu ,cents and/o c or,-:,itir?ns CONDITIONS (!NCL.UDINC DATES): 1) The Specific Use Permit is tied to the business owner, Positive Recovery, LLC; and 2) The Specific Use Permit is tied to the business name, Positive Recovery Centers - DFW; and 3) An emergency response plan will be generated by the operator of the facility in cooperation with the City of Euless Fire and Police Departments. This plan will set the parameters of what is considered an emergent situation and the expectations of response. The plan will be set into writing, and provided to all employees of the facility and provided to the families of those in the facility' s care; and 4) Maintenance of the entire building will be required for life, health, and safety purposes regardless if the entire facility is actively utilized for the primary purpose of the business; and 5) 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 a"d Zonmg Commission: DATE OF ACTiOR: Ar ril i 0. 2022 i.____j approval � denial Considered by City CouncV: DATE OF AC i9ON: May s 0. 202 % i__ � a; pro, V21 � denial Signa+ re esF Mayor Ordinance 2302, page 7 of 7 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 10663 261280 Print Legal Ad - IPL0072789 $39.80 1 39 L Mike LowryAttention: CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 THE STATE OF TEXAS COUNTY OF TARRANT No. of Insertions:2 Beginning Issue of:05/12/2022 Ending Issue of:05/13/2022 Before me, a Notary Public in and for said County and State, this day personally appeared Amanda Grisham, Bid and Legal Coordinator for the Star- Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: Sworn to and subscribed before me this 13th day of May in the year of 2022 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! AFFIDATIT Account # Order Number Identification Order PO Amount Cols Depth 10663 261280 Print Legal Ad - IPL0072789 $39.80 1 39 L Attention: Mike Lowry CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 ------ --------------------------------------------------------------------- ORDINANCE NO. 2302 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PER- MIT ON PARK CENTER ADDITION, LOT 2, 2219 WEST EULESS BOU- ORDINANCE NO. 2302 LEVARD FOR A PSYCHIATRIC AND AN ORDINANCE AUTHORZING"THE' SUBSTANCE ABUSE CARE CENTER; ISSUANCE OF A SPECIFIC USE PER - FOR A SENALTYIFORLITY MIT ON PARK CENTER ADDITION,, CLAUSE; PROVIDING A PENALTY FOR CLAUSE; LOT 2,, 2219 WEST EULESS 'BOU- VIOLATION; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL N LEVARDr FOR A PSYCHIATRIC AND PER; AND PROVIDING AN EFFEECTIVECTIVE SUBSTANCE ABUSE CARE CENTER;; PROVIDING DATE. FOR A' SEVERABILITY _ SECTION 3. PENALTY FOR VIOLATION. Any per- son, 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," Eu- less Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. 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 May 10, 2022, by a vote of 6 ayes, 0 nays, and 0 ab- stentions. IPL0072789 May 12-13 2022 ^SECTION 3_ 'jecnon 1-12, "General Penalty;"IEu- less Code of Ordinances. Each such violation shall be deemed a separate offenseand shall be punishable as 0M, I IUN b. FFECTIVE 'DATE. This ordinance ' , l N Before me, a Notary Public in and for said County and State, this day personally appeared Amanda Grisham, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: No. of Insertions: 2 Beginning Issue of: 05/12/2022 Ending Issue of: 05/13/2022 Sworn to an su scri e e ore me t is 13t ay o May in the year of 2022 Notary Public in and for the state of Texas, residing in Dallas County *°My NoWy ID 9 1317 51 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!