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HomeMy WebLinkAbout1979 11-27-2012 ORDINANCE NO. 1979 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON HERITAGE TOWNE CROSSING, BLOCK B, LOT 1, 1301 W. GLADE ROAD, SUITE 210, FOR RETAIL STORE FOR USED MERCHANDISE PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION; PUBLICATION IN THE OFFICIAL NEWSPAPER; AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on November 20, 2012, in conjunction with Specific Use Permit Case No. 12- 15-SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on November 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 Retail Store for Used Merchandise uses as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on Heritage Towne Crossing, Block B, Lot 1, 1301 W. Glade Road, Suite 210. 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. 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 November 27, 2012, by a vote of 5 ayes, o nays, and 1 abstentions. APPROVED: e - ?A:170 ) Mary Lib SAleh, Mayor ATTEST: Kim Sutter, TRMC, City Secretary APPROVED AS TO FORM: tak Wayne Olson,Olson, City Attorney Ordinance No. 1979, Page 2 of 3 T H E C I T Y O F EuLEss ORDINANCE NO. 1979 SPECIFIC USE PERMIT CASE #12-15-SUP LAND USE: RETAIL STORE FOR USED MERCHANDISE LOCATION: (property address): 1301 W GLADE ROAD, SUITE 210 (legal description): BLOCK B, LOT 1, HERITAGE TOWNE CROSSING 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 name Teen Collections, L.LC. d.b.a. Plato's Closet; and, 2) Tied to the business owner, Joe Williams. Considered by Planning and Zoning Commission: DATE OF ACTION: November 20, 2012 approval denial X A.A. �P44,a- s .gnature of P &Z Chairman Considered by City Council: DATE OF ACTION: 7/el mber 27, 2012 approval denial X (--4 L i Z1�4∎ nature of Mayor Ordinance No. 1979, Page 3 of 3 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1630•Metro 817/267-4403•Fax 817/685-1628 www.ci.euless.tx.us