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Home My WebLink About2303 05-10-2022 ORDINANCE NO. 2303 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 19, 2022, in conjunction with Specific Use Permit Case No. 22-04-SUP, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, City Council has conducted a public hearing on May 10, 2022, 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 10, 2022, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: a Martin, Mayor ATTEST: (12 Ki uttr, RC City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance 2303,page 2 of 4 1 THE ICI rY OF EUE ) S \ar\\\,_4( • ORDINANCE NO. 2303 . SPECIFIC USE PERMIT CASE #22-04-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, BCR Colleyville UC, LLC; and, 2) The Specific Use Permit is tied to the business name, Uptown Cheapskate Colleyville; and, 3) All merchandise shall be displayed within the store and not exterior to the building; and, 4) Any customer bringing items to be sold to the retail store shall bring such items interior to the store during business hours; and, 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 19, 2022 1 approval Li denial X ./--- Signature of P&Z Chairman Ordinance 2302, page 3 of 4 THE' ICITY OF EiL-ESS i.Y ORDINANCE NO. 2303 SPECIFIC USE PERMIT CASE #22-04-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, BCR Colleyville UC, LLC; and 2) The Specific Use Permit is tied to the business name, Uptown Cheapskate Colleyville; 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 19, 2022 pproval denial Considered by City Council: DATE OF ACTION: May 10, 2022 I approval Li denial ignature of Maydr- Ordinance 2302, page 4 of 4 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 10663 261275 Print Legal Ad - IPL0072785 $39.08 1 38 L Mike LowryAttention: CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 THE STATE OF TEXAS COUNTY OF TARRANT No. of Insertions:2 Beginning Issue of:05/12/2022 Ending Issue of:05/13/2022 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 Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: Sworn to and subscribed before me this 13th day of May in the year of 2022 Notary Public in and for the state of Texas, residing in Dallas County Extra charge for lost or duplicate affidavits. Legal document please do not destroy! AFFIDAVIT PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 10663 261275 Print Legal Ad - IPL0012785 $39.08 1 38 L Attention: Mike Lowry CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 ORDINANCE NO. 2303 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PER- MIT ON GLADE PARKS ADDITION, BLOCK K, LOT 4R1; 1220 CHISHOLM TRAIL, SUITE 200; FOR A USED MER- CHANDISE STORE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVID- ING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVID- ING AN EFFECTIVE DATE. SECTION 3. PENALTY FOR VIOLATION. Any per- son, 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," Eu- less Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. 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 10, 2022, by a vote of 6 ayes, 0 nays, and 0 ab- stentions. IPL0072785 May 12-13 2022 ME SECTION 3. PENALTY FOR VIOLATION. Any per- son, firm, or corporation violating any of the terms and provisions of this a misdemeanor, and upon conviction' thereof shall be fined in accordance' with Chapter 1, "General Provisions," Section 1-12, "General Penalty;" Eu- less Code of Ordinances. Eachsuch violation shall be deemed a separate` offense and shall be punishable as such hereunder. SECTION 5. EFFECTIVEDATE. This ordinance shall be in full force and effect from by a vote of 6 ayes, 0' nays, and 0 ab stentions. IPL0072785 May 12-13 2022 THE STATE OF TEXAS COUNTY OF TARRANT 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 Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: No. of Insertions: 2 Beginning Issue of: 05/12/2022 Ending Issue of: 05/13/2022 j V 6f"i wu" I , Sworn to and subscribed be ore met is 13th day of May in the year of 2022 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!