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HomeMy WebLinkAbout2217 04-09-2019 ORDINANCE NO. 2217 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON CENTURY PLAZA ADDITION, BLOCK 1, LOT 3; 1200 NORTH MAIN STREET FOR A MEMBERSHIP RECREATION AND SPORTS CLUB; 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 March 19, 2019, in conjunction with Specific Use Permit Case No. 19-02-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 April 9, 2019, 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 Membership Recreation and Sports Club use and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) and specifically described in Exhibit A shall be permitted on Century Plaza Addition Block 1 , Lot 3,1200 North Main Street. 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 ll, 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 U regular meeting of the Euless City Council on April 9, 2019, by a vote of 6 ayes, nays, and 0 abstentions. APPROVED: Lind rtin, Mayor ATTEST: .,�e - Ki Sutter, YRMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2217, Page 2 of 5 THE --ICITY OF E,u S ORDINANCE NO. 2217 SPECIFIC USE PERMIT CASE #19-02-SUP LAND USE: Membership Recreation and Sports Club LOCATION: 1200 N Main Street 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 Specific Use Permit is tied to the Property Owner: Excel Fitness DFW XIX; 2) The Specific Use Permit is tied to the Business Name: Planet Fitness; and 3) 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: March 19, 2019 approval Odenial 1,7i /�,,.I •,,, �fqq _s C Signature of P&Z Chairma 0-a-finance No '2'27;;Page 3 of i T H E M C I T Y O F EKUL 177,_r ORDINANCE NO. 2217 SPECIFIC USE PERMIT CASE #19-02-SUP LAND USE: Membership Recreation and Sports Club LOCATION: 1200 N Main Street 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 Specific Use Permit is tied to the Property Owner: Excel Fitness DFW XIX; 2) The Specific Use Permit is tied to the Business Name: Planet Fitness; and 3) 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: March 19, 2019 approval denial Considered by City Council: DATE OF ACTION: April 9, 2019 [Wlapproval =denial —Sig-nature of Mayor Ordinance No. 2217, Page 4 of 5 LEGEND MARK 0 (S (3 U PLANT LIST SYM. i BOTANICAL NAME COMMON NAME NO. SIZE REMARKS DESCRIPTION to uw A QUERCUS J W VIRGINIANA LIVE OAK U LARGE TREE C W D LAGERSTROEMIA c I MIN. 2 IN. CAL K INDICA CRAPE MYRTLE 30 GAL MIN. 6FT. HT. I. E ILEX MIN. 2 IN. CAL, J IVOMITORIA YAUPON HOLLY 30 GAL MIN. 6FT. HT, ( F SOPHORA MOUNTAIN MIN. 21N CAL LARGE TREE sal ISECUNDIFLORALAUREL 30 GAL MIN. 6FT. HT. TOTAL NUMBER OF TREES .3O G JILEX DWARFYAUPON IVOMITORIA NANA HOLLY I I 5 GAL EXISTING to H �ELAEAGNUS a, PUNGENS ELAEAGNUS I 5 GAL, PLANT AT 4 FT. O.0 LARGE TREE = 0 J �HESPERALOE PARVIFLORA RED YUCCA 5 GAL. PLANT AT 4 FT. O.C. ar K LEUCOPHYLLUM J FRUTESCENS TEXAS SAGE 5 GAL PLANT AT 4 FT. O.0 L ILEX 1BURFORDIICORNUTA BUFORD HOLLY I ou I 5 GAL. PLANT AT 4 FT, O.C. TOTAL NUMBER OF SHRUBS SMALLTREE o IY M �NOTUSED Z W O 0 NOTE: NUuBERS OF PLANTS LISTED ABOVE ARE FOR REFERENCE ONLY. v CONTRACTOR IS RESPONSIBLE FOR SUPPLYING AND INSTALLING PLANTS AS SHOWN ON PLAN. SMALL TREE LAWN AND IRRIGATION NOTES: 1) ALL LAWN AREAS TO BE HYDROMULCHED BERMUDA MIX ALL LAWN AREAS TO BE TILLED TO A DEPTH OF 6" (MIN) 2) EROSION CONTROL NETTING MAY BE USED TO PREVENT WASH - OUT ON BERM SLOPES. 3) CONTRACTOR TO PROVIDE IRRIGATION SYSTEM FOR ALL LANDSCAPED AREAS IRRIGATION SMALL TREE SYSTEM TO BE DESIGNED BY A LICENSED IRRIGATOR. IRRIGATION SYSTEM TO BE CONTROLLED BY A TIMING DEVICE (BY IRRIGATOR). IRRIGATION HEADS TO BE SPACED DEQUATELY FOR ALL LANDSCPAPED AREAS INCLUDING R.O.W. ALL IRRIGATION LINES AND HEADS TO REMAIN WITHIN PROPERTY BOUNDARY 4) THE AUTOMATIC IRRIGATION SYSTEM SHALL COMPLY WITH THE WATER CONSERVATION SMALL TREE IRRIGATION REQUIREMENTS AS PER THE CITY OF EULESS. 5) PROVIDE BUBBLERS ON ALL TREES ADDITIONAL NOTES: LARGE SHRUBS A) THE OWNER WILL CONTINUOSLY MAINTAIN THE REQUIRED LANDSCAPING IN ACCORDANCE WITH THE CITY OF EULESS B) ALL LANDSCAPED AREAS ARE TO BE PROTECTED BY 6 INCH WHEEL CURBS, WHEELSTOPS LARGE SHRUBS OR OTHER APPROVED BARRIERS. LARGE SHRUBS LARGE SHRUBS GROUND COVER 2" CRUSHED GRANITE OVER FABRIC LINING 3" MULCH BED OVER FILTER FABRIC LINING STEEL EDGING OL 1 ...... _. �y . 3 l �.: / • p - 19 PARKING SPA ES + ` 19 It PARKING SPAC S / ''•'' - 19 PARKING SPACES +/ I / w a a a z z a N i I I lIry 21 PARKING SPACES = 21 PARKING SPACES QJ1 I I 16 PAP K � ING SPACES /'/^�•`_ I I 1 I '�" ,-'`�' 1. r) • . if PARKING SPACES I r•' c (�:•: �: _ o 10 PE RKING SPACES . . . . . . . . . . . B — I IIIIiI O ci ....... ...... � o v . i .{ 23 PARKING SPACES j ll.•• A : A ....:..... . ...:...:.... A . A '4 -_A O O O - 0 O O O O O O O O — -------------- .. LANDSCAPE PLAN W L 0 co U L' O to > U*) J W �_ V) rD vL. O .� co N V) M LLJ Z ZLu v, C� C UJ Z 0 Q Z J Z .I o � a N W T- JOB No: 18-27 DATE: 1 / 15/18 DRAWN BY: SB SHEET No. SCALE: 1"=20' Ll Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegc G star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification cation PO Amount Cols De th 600565 0004172603 CITY OF EULESS ORDINANCE NO.2217 AN O ORDINANCE NO.2217 $42.44 1 1 52.00 Li Attention: Lindsay Wells THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR CITY OF EULESS EULESS, TX 760393543 ORDINANCE NO,2217 Before me, a Notary Public in and for AN ORDINANCE AUTHORIZING said County and State, this day THE ISSUANCE A USE PERMIT ON OF CENTURYPILA- personally appeared VICTORIA ZA LOT 3; CITY OF EULESS 1206 ADDITION, MAIN 1STREET gal Coordinator ORDINANCE NO.2217 RODELA, Bid and Le AN ORDINANCE AUTHORIZING FOR A MEMBERSHIP RECREA-TI AND SPORTS CLUB;PRO- for the Star-Telegram, ublished by THE ISSUANCE OF A SPECIFIC P USE PERMIT ON CENTURY PLA- VIDN ING FOR A SEVERABILITY the Star-Telegram, Inc. at Fort Worth, ZA ADDITION, BLOCK 1, LOT 3; CLAUSE; PROVIDING APENAL- 1200 NORTH MAIN STREET TY FOR VIOLATION; PROVID- in Tarrant County, Texas; and who, FOR A MEMBERSHIP RECREA- ING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND after being duly sworn, did depose TION AND SPORTS CLUB; PRO- PROVIDING AN EFFECTIVE VI DING FOR A SEVERABILITY DATE. CLAUSE; PROVIDING A PENAL SECTION and say that the attached Clipping Of TY FOR VIOLATION; PROVID- PENALTY FOR VIOLATION. Any an advertisement was published in ING FOR PUBLICATION IN THE person,firm,or corporation vio- OFFICIAL NEWSPAPER; AND lating any of the terms and pro- the above named paper on the listed PROVIDING AN EFFECTIVE visions of this ordinance shall DATE. be deemed guilty of a misde- dates: SECTION 3. meanor, and upon conviction PENALTY FOR VIOLATION. Any person,firm, or corporation vio- thereof shall be fined in rd- lating any of the terms and pro- ance with Chapter 1, Geeneneral P Provisions,' Section 1-12,"Gen- visions of this ordinance shall eral Penalty," Euless Code of be deemed guilty of a misde- Ordinances. Each such violation 2 meanor, and upon conviction shall be deemed a separate of. Insertion(s) thereof shall be fined in accord- fense and shall be punishable as ance with Chapter 1, "General such hereunder. Provisions," Section 1-12,"Gen- SECTION 4. Published On: eral Penalty," Euless Code of PUBLICATION CLAUSE. The City April 12, 2019,April 13,2019 Ordinances. Each such violation Secretary of the City of Euless shall be deemed a separate of- is hereby directed to publish in fense and shall be punishable as the official newspaper of the such hereunder. -- SECTION 4. City of Euless, as required by PUBLICATION CLAUSE. The City Section 12 of Article II of the Secretary of the City of Euless Charter of the City of Euless. is hereby directed to publish in SECTION 5. the official newspaper of the EFFECTIVE DATE. This ordinance City of Euless, as required by shall be in full force and effect Section 12 of Article II of the from and after its passage, as Charter of the City of Euless. provided by the Euless City SECTION 5. Charter and the laws of the EFFECTIVE DATE. This ordinance State of Texas. shall be in full force and effect PRESENTED AND PASSED ON from and after its passage, as FIRST AND FINAL READING at provided by the Euless City a regular meeting of the Euless Charter and the laws of the City Council on April 9,2019,by State of Texas. a vote of 6 ayes, 0 nays, and 0 PRESENTED AND PASSED ON abstentions. FIRST AND FINAL READING at a regular meeting of the Euless (� City Council on April 9, 2019, by a vote of 6 ayes, 0 nays, and 0 (Principal Clerk) abstentions. SUBSCRIBED AND SWORN TO BEFORE ME, THIS 15th day of April in the year of 2019 D HMHn 4a�w 1 #In" Notary Public- CITY OF EULESS Extra charge for lost or duplicate affidavits. Legal document please do not destroy!