The URL can be used to link to this page

Home My WebLink About2298 11-23-2021ORDINANCE NO. 2298 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON MIDWAY SQUARE ADDITION, BLOCK A, LOT 1 R, 601 EAST AIRPORT FREEWAY, SUITE 109, FOR RETAIL STORE FOR USED MERCHANDISE; 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 November 2, 2021, in conjunction with Specific Use Permit Case No. 21-13-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 November 23, 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. Retail store for used merchandise uses and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) shall be permitted on Midway Square Addition, Block A, Lot 1 R, 601 East Airport Freeway, Suite 109. 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 11, 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 November 23, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: inda Martin, Mayor ATTEST: i 'Sutte -, TRMC, CMC, City Secretary i�PPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2298, Page 2 of 4 T H El IC I T Y O E ORDINANCE NO. 2298 SPECIFIC USE PERMIT CASE # 21-13-SUP LAND USE: USED MERCHANDISE STORE LOCATION: 601 E AIRPORT FREEWAY 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, Rivers2Destiny, LLC; 2) The Specific Use Permit is tied to the business name, Shopping For Hope Resale; 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: November 2. 2C21 LZ approval F denial X— —-- Sig re of P&Z Chairman Ordinance No. 2298, Page 3 of 4 i •i i y OF a l U) `,i�SS ORDINANCE NO. 2298 SPECIFIC USE PERMIT CASE # 21-13-SUP LAND USE: USED MERCHANDISE STORE LOCATION: 601 E AIRPORT FREEWAY 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, Rivers2Destiny, LLC; 2) The Specific Use Permit is tied to the business name, Shopping For Hope Resale; 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: November 2, 2021 _ approval � denial Considered by City Council: r— DATE OF ACTION: November 23. 2021 approval El denial Ordinance No. 2298, Page 4 of 4 Beaufort Gazette The Herald-Rock Hill el Nuevo Herald-Miami Sun News-Myrtle Beach Belleville News-Dernocrat Herald Sun-Durham Modesto Bee The News Tribune Tacoma Bellingham Herald Idaho Statesman Raleigh News&Observer The Telegraph-Macon Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune ^MC;CLATC.HY Centre Daily Times Kansas City Star Sacramento Bee Tri-Oty Herald Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle Columbus Ledger-Enquirer Merced Sun-Star The State-Columbia Fresno Bee Miami Herald Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 10663 178644 Print Legal Ad-IPL0050944 $45.56 1 47 L Attention: Mike Lowry 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 Amanda Grisham,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at ORDINANCE NO.2298 Fort Worth,in Tarrant County,Texas;and who, AN ORDINANCE AUTHORIZING THE after beingdulydid depose and saythat ISSUANCE OF A SPECIFIC USE sworn, p PERMIT ON MIDWAY SQUARE ADDI- TON, BLOCK A, LOT 1R, 601 EAST the attached clipping of an advertisement was AIRPORT FREEWAY,SUITE 109,FOR published in the above named paper on the listed RETAIL STORE FOR USED MER- CHANDISE;PROVIDING FOR A SEV- dates: PNG A ENALTY FOR VIOLATION;EBILITY CLAUSE; P OVID- Legals ING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER; AND PROVIDING ORDINANCE NO.2298 No.of Insertions: 2 AN EFFECTIVE DATE. AN ORDINANCE AUTHORIZING THE SECTION 3. ISSUANCE OF A SPECIFIC USE Beginning Issue of: 11/29/2021 PENALTY FOR VIOLATION Any per- PERMIT ON MIDWAY SQUARE ADDI- son,firm,or corporation violating any TION, BLOCK A, LOT 1R, 601 EAST of the terms and provisions of this AIRPORT FREEWAY,SUITE 109,FOR Ending Issue of: 11/30/2021 ordinance shall be deemed guilty of RETAIL STORE FOR USED MER- a misdemeanor,and upon conviction CHANDISE; PROVIDING FOR A SEV- thereof shall be fined in accordance ERABILITY CLAUSE; PROVIDING A with Chapter 1,"General Provisions,' PENALTY FOR VIOLATION; PROVID- Section 1-12, "General Penalty," Eu- ING FOR PUBLICATION IN THE OFFI- less Code of Ordinances.Each such CIAL NEWSPAPER; AND PROVIDING violation shall be deemed a separate AN EFFECTIVE DATE. offense and shall be punishable as SECTION 3. such hereunder. PENALTY FOR VIOLATION Any per- SECTION 4. son,firm,or corporation violating any PUBLICATION CLAUSE. The caption, penalty clause, and effective date of the terms and provisions of this clause of this ordinance shall be pub- ordinance shall be deemed guilty of lished in a newspaper of general cir- a misdemeanor,and upon conviction culation in the City of Euless,in com- thereof shall be fined in accordance pliance with the provisions of Article II, with Chapter 1,"General Provisions," tI Section 12 of the Euless City Charter. Section 1-12, "General Penalty," Eu- SECTION 5. less Code of Ordinances.Each suchall j ACW1 EFFECTIVE DATE.This ordinance shall violation shall be deemed a separate �� '. /� be in full force and effect from and offense and shall be punishable as after its passage,as provided by the such hereun Euless City Charter and the laws of the SECTION 4. Sworn to and subscribed before me this 30th day of State of Texas. PUBLICATION CLAUSE. The caption, November in the year of 2021 PRESENTED AND PASSED ON FIRST penalty clause, and effective date AND FINAL READING at a regular clause of this ordinance shall be pub- meeting of the Euless City Council fished in a newspaper of general dr- on November 23,2021,by a vote of 7 culation in the City of Euless,in com- ayes,0 nays,and 0 abstentions. pliance with the provisions of Article II, IPL0050944 Section 12 of the Euless City Charter. Nov 29-30 2021 SECTION 5. EFFECTIVE DATE.This ordinance shall ��;��%f.t/r/ be in full force andndeffect from and after its passage,as provided by the c.5 ....6a....ote: Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular Notary Public in and for the state of Texas,residing in meeting of the Euless City Council ! Dallas County on November 23,2021,by a vote of 7 ayes,0 nays,and 0 abstentions. IPL0050944 of STEFAW sour BEARD Nov 29-30 2021 f•f*i"i My Notwy ID 1131788951 %c. o.,?� Evils Odobu 23.2022 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!