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Home My WebLink About2299 11-23-2021ORDINANCE NO. 2299 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON HERITAGE TOWNE CROSSING, BLOCK B, LOT 1, 3001 STATE HIGHWAY 121, SUITE 210, 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. 21-14-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 Heritage Towne Crossing, Block B, Lot 1, 3001 State Highway 121, 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 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 November 23, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: a artin, Mayor �T'TEST: =_ utter, TRMC, CMC, City Secretary APOROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2299, Page 2 of 4 ORDINANCE NO. 2299 SPECIFIC USE PERMIT CASE # 21-14-SUP LAND USE: USED MERCHANDISE STORE LOCATION: 3001 STATE HIGHWAY 121, STE 210 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, Fashion Refresh, LLC; 2) The Specific Use Permit is tied to the business name, Plato's Closet; 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 L,4,-j approval denial x SigMaTure of P&Z Chairman Ordinance No. 2299, Page 3 of 4 ORDINANCE NO. 2299 SPECiFiC USE PERMIT CASE # 21-14-SUP LAND USE: USED MERCHANDISE STORE LOCATION: 3001 STATE HIGHWAY 121, STE 210 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, Fashion Refresh, LLC; 2) The Specific Use Permit is tied to the business name, Plato's Closet; 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: �I DATE OF ACTION: November 2. 2021 E 11 approval ED denial Considered by City Council: _ DATE OF ACTION: 1-3 approval E71 denial Ordinance No. 2299, Page 4 of 4 Beaufort Gazette The Herald-Rock Hill el Nuevo Herald-Miami Sun News-Myrtle Beach Belleville News-Democrat Herald Sun-Durham Modesto Bee The News Tribune Tacoma Bellingham Herald Idaho Statesman Raleigh News&Obsener The Telegraph-Macon Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune ^MC;CLATCHY Centre Daily Times Kansas City Star Sacramento Bee Tri-City 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 178653 Print Legal Ad-IPL0050948 $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.2299 Fort Worth,in Tarrant County,Texas;and who, AN ORDINANCE AUTHORIZING THE after beingdulysworn,did deposeand that ISSUANCE OF A SPECIFIC USE PER- MIT say ON HERITAGE TOWNE CROSS- the attached clipping of an advertisement was ING, BLOCK B, LOT 1, 3001 STATE HIGHWAY 121, SUITE 210, FOR published in the above named paper on the listed RETAIL STORE FOR USED MER- CHANDISE;PROVIDING FOR A SEV- ERABILITY dates: CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVID- ORDINANCE NO.2299 ING FOR PUBLICATION IN THE OFFI- AN ORDINANCE AUTHORIZING THE No.of Insertions: 2 CAL NEWSPAPER; AND PROVIDING ISSUANCE OF A SPECIFIC USE PER- AN EFFECTIVE DATE. MIT ON HERITAGE TOWNE CROSS- SECTION 3. ING, BLOCK B, LOT 1, 3001 STATE Beginning Issue of: 11/29/2021 PENALTY FOR VIOLATION Any per- HIGHWAY 121, SUITE 210, FOR son,firm,or corporation violating any RETAIL STORE FOR USED MER- EndingIssue 11 30 2021 of the terms and provisions of this CHANDISE; PROVIDING FOR A SEV- ordinance of: / / shall be deemed guilty of ERABILITY CLAUSE; PROVIDING A a misdemeanor,and upon conviction PENALTY FOR VIOLATION; PROVID- thereof shall be fined in accordance ING FOR PUBLICATION IN THE OFFI- , with Chapter 1,"General Provisions,' CAL NEWSPAPER; AND PROVIDING Section 1-12, "General Penalty," Eu- AN EFFECTIVE DATE. less Code of Ordinances.Each such SECTION 3. violation shall be deemed a separate PENALTY FOR VIOLATION An y offense and shall be punishable as son,firm,or corporation violatingany such hereunder.SECTION 4. of the terms and provisions of his PUBLICATION CLAUSE. The caption, ordinance shall be deemed guilty of penalty clause, and effective date a misdemeanor,and upon conviction clause of this ordinance shall be pub- thereof shall be fined in accordance lished in a newspaper of general cir- with Chapter 1, "General Provisions," culation in the City of Euless,in corn- Section 1-12, "General Penalty," Eu ,..)064 - pliance with the provisions of Article II, less Code of Ordinances.Each such Section 12 of the Euless City Charter. violation shall be deemed a separate 'SECTION 5. offense and shall be punishable as3NttS � au EFFECTIVE DATE.This ordinance shall such hereunder. be in full force and effect from and SECTION 4. after its passage,as provided by the PUBLICATION CLAUSE. The caption, Sworn to and subscribed before me this 30th day of Euless City Charter and the laws of the penalty clause, and effective date November in the year of 2021 State of Texas. clause of this ordinance shall be pub- PRESENTED AND PASSED ON FIRST lished in a newspaper of general cir- AND FINAL READING at a regular culation in the City of Euless,in corn- meeting of the Euless City Council pliance with the provisions of Article II, on November 23,2021,by a vote of 7 Section 12 of the Euless City Charter. ayes,0 nays,and 0 abstentions. SECTION 5. IPL0050948 EFFECTIVE DATE.This ordinance shall Nov 29-30 2021 be in full force and effect from and �> // afteru its passage, provided the �.&L 9e. 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 Notary Public in and for the state of Texas,residing in on November 23,2021,by a vote of 7 Dallas County ayes,0 nays,and 0 abstentions. IPL0050948 Nov 29-30 2021 " " •. ;a''NI ,:. STERN SCAR BEARD , i My Notary ID it131768951 ' 4.- '' Ev6ea Oct*23.20n s Extra charge for lost or duplicate affidavits. Legal document please do not destroy!