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HomeMy WebLinkAbout2281 05-11-2021ORDINANCE NO. 2281 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON GLADE PARKS ADDITION, BLOCK K, LOT 4R1, 1220 CHISHOLM TRAIL, SUITE 200, FOR A USED MERCHANDISE STORE; 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 20, 2021, in conjunction with Specific Use Permit Case No. 21-05-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 May 11, 2021, 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 Used Merchandise Store and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) shall be permitted on Glade Parks Addition, Block K, Lot 4R1, 1220 Chisholm Trail, Suite 200. 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 May 11, 2021, by a vote of _7 ayes, 0 nays, and 0 abstentions. APPROVED: IL- 1,111 inwflua ATTES -K6 Scatter, MMC, CMC, City Secretary �ktyL;�,- C-kwk V-Vu i - Ordinance No. 2281, Page 2 of 4 ORDINANCE NO. 2281 SPECIFIC USE PERMIT CASE # 21-05-SUP LAND USE: USED MERCHANDISE STORE LOCATION: 1220 CHISHOLM TRAIL, SUITE 200 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 business owner, Uptown Cheapskate Glade Parks, LLC; 2) The Specific Use Permit is tied to the business name, Uptown Cheapskate; 3) All merchandise shall be displayed within the store and not exterior to the building; 4) Any customer bringing items to be sold to the retail store shall bring such items interior to the store during business hours; 5) No items shall be left exterior to the store. Any such items shall be removed in a timely manner; and 6) 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 20, 2021 approval 0 denial x S ture of P&Z Chairman Ordinance No. 2281, Page 3 of 4 ORDINANCE NO. 2281 SPECIFIC USE PERMIT CASE # 21-05-SUP LAND USE: USED MERCHANDISE STORE LOCATION: 1220 CHISHOLM TRAIL, SUITE 200 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 business owner, Uptown Cheapskate Glade Parks, LLC; 2) The Specific Use Permit is tied to the business name, Uptown Cheapskate; 3) All merchandise shall be displayed within the store and not exterior to the building; 4) Any customer bringing items to be sold to the retail store shall bring such items interior to the store during business hours; 5) No items shall be left exterior to the store. Any such items shall be removed in a timely manner; and 6) 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 20, 2021 Considered by City Council: DATE OF ACTION: MAY 11, 2021 Zapproval El denial L"J approval 0 denial Ordinance No. 2281, Page 4 of 4