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HomeMy WebLinkAbout2239 03-24-2020 ORDINANCE NO. 2239 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON EULESS GARDENS, BLOCK 2, LOT 3B, 218 NORTH MAIN STREET FOR A MEMBERSHIP SPORTS AND RECREATION 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 3, 2020, in conjunction with Specific Use Permit Case No. 20-03-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 March 24, 2020, 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 Sports and Recreation Club and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) shall be permitted on Euless Gardens Block, 2, Lot 3B, 218 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 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 March 24, 2020, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: -4,—) C7,1461EL-;V L da artiri, Mayor ATTEST: im utter, T MC, CMC, City Secretary APPROVED AS TO FORM: k Wayne Olson, City Attorney Ordinance No. 2239, Page 2 of 4 THE1 ' CITY OF BI±TLSS ORDINANCE NO. 2239 PLANNED DEVELOPMENT CASE #20-03-SUP LAND USE: MEMBERSHIP SPORTS AND RECREATION CLUB LOCATION: 218 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) Tied to the business owner: Nathan Hallford; 2) Tied to the business name: Sloth BJJ; 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 3, 2020 ' lapproval denial Signature of P&Z Chairman Ordinance No. 2239, Page 3 of 4 THE LO I T Y OF BullEss v\_.( ORDINANCE NO. 2239 SPECIFIC USE PERMIT CASE #20-03-SUP LAND USE: Membership Sports and Recreation Club LOCATION: 218 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) Tied to the business owner: Nathan Hallford; 2) Tied to the business name: Sloth BJJ; 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 3, 2020 X approval denial Considered by City Council: DATE OF ACTION: March 24, 2020 X approval denial X gnature of Mayor Ordinance No. 2239, Page 4 of 4 Star-Telegram RE'C: Vp7E.`- r MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella �� � 0!1 �� � Mansfield News-Mirror I Star-Telegram Northeast i Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102.6316 CTTY OF EULC=SS i--If�, hIVCF, UF1�7: AFFIDAVIT OF PUBLICATION , e..•y-n,.. z Account 4 Ad Number Identification PO Amount Cols Depth 600565 0004609964 ORDINANCE NO.2239 AN ORDINANCE AUTH ORDINANCE NO.2239 $45.32 1 56.00 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 VICTORIA AN ORDINANCE AUTE NO. HORIZING RODELA, Bid and Legal Coordinator THE ISSUANCE OF A SPECIFIC the USE PERMIT ON EULESS GAR- forStar-Telegram,published by DENS BLOCK 2 LOT 3B 218 ORQQp1NNp NCC��NO.2Z39 NORTH MAIN MEMBERSHIP STREET AND ANEORDINANCEUANCE AUTHOR AUTHORIZING the Star-Telegram,Inc.at Fort Worth, RECREATION CLUB;PROVIDING USE PERMIT ON EULESS GAR- in Tarrant County,Texas;and who, FOR A SEVERABILiTY CLAUSE; DENS, BLOCK 2 LO3B, 218 after being duly sworn,did depose PROVIDING A PENALTY FOR VI- NORTH MAIN STREET FOR A OLATION• PROVIDING FOR MEMBERSHIP Sp0Ws5-`AND and say that the attached clipping of PUBLICATION IN THE OFFICIAL i RECREATION CLUB•PROVIDING NEWSPAPER;AND PROVIDING FOR A-SEVERABILiTY'CLAUSE; an advertisement was published in • AN EFFECTIVE DATE. PROVIDING A PENALTY FOR VI- SECTION 3. . •OLATIO PROVIDING• FOR the above named paper on the listed PENALTY FOR VIOLATION. It pUBLiC ON IN THE OFFICIAL dates: shall be a violation of this ordi- ' NEWSPAPER; AND PI VIDING nance to conduct any activity or EFFECTIVE DATE, commence any use for which ANSECTION 3./.. payment or a rep is requireo un- PENALT FOR VIOLATION., It Order Chapternesuntil30 suchthe Code of - shall be•a.violation of this ordl- beeneinpa o fee has paid. Any person,firm,or nance to conduct any activity or corporation violating any of the commence-any-use for-which 2 Insertion(s) terms and provisions of this or- payment of a fee Is required un- dinance shall be deemed guilty •.der Chapter-30 of•the Code of of a misdemeanor and upon Ordinances until such fee has Published On: conviction thereof shall be fined been-paid,•Any person,.firm;or March 27,2020,March 30,2020 in accordance with Chapter 1, corporation violating any of.the "General Provisions,"Section 1- terms and provisions of this or-I 12, "General Penalty," Euless tlinance shall be deemed guilty Code of Ordinances. each such of a misdemeanor and upon. violation shall be deemed a sep- conviction thereof shall be fined arate offense and shall be pun- in accordance with Chapter 1, Ishable as such hereunder. "General Provisions"Section 1- SECTION 4. 12, "General Penalty," Euless PUBLICATION CLAUSE.The City Code of Ordinances. each such Secretary of the,City of Euless violation shall be deemed a sep- ii -- y u'iieCccu w pit,,i-.. s, the official newspaper of the ., & to offense and-shall be punlI City of Euless, as required by Ishdbte as such hero der., Section 12 of Article II of the SECTION Charter of the City of Euless. PURL CATION CLAU ,The City SECTION 5. ` $giry of the City of•. uless EFFECTIVE DATE. This ordi- 1 'Is herby directed td publish In nance shall be in full force and the upfficlal newspaper of the effect from and after its pas- 'City*of Euless;.as required by sage,as provided by the Euless Section 12 of as II of the \i7ED �' / City Charter and the laws of the Charter of the City of Euless. /_.t�J State of Texas. SECTION 5. PRESENTED AND PASSED ON EFFECTIVE DATE. This ordi (Principal Clerk) FIRST AND FINAL READING at nance shall be In full force and a regular meeting of the Euless effect ffom and after its,pas- City Council on March 24,2020, sage,as provided by the Euless SUBSCRIBED AND SWORN TO by a vote of 7 ayes,0 nays,and City Charter and the laws of the 0 abstentions. '`State of Texas. BEFORE ME,THIS 30th day of ,PRESENTED AND PASSED ON arch in the year of 2020 FIRST AND FINAggL READING at City9Counar cil on meeting 24 Euless of the 2 by a vote of 7 ayes,0 nays,and 0 abstentions. ry Public- ;.;E. Ab1ANDA DAWN GRISHAM Extra r +j•-... davdsr2e Legal document please do not des r•' --