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HomeMy WebLinkAbout2080 08-11-2015 ORDINANCE NO. 2080 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON PARK CRESTMOOR ADDITION, BLOCK 2, LOT 24-R-2-B, 700 WEST EULESS BOULEVARD, FOR USED MERCHANDISE; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION; PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on July 21, 2015, in conjunction with Specific Use Permit Case No. 15-09-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 August 11, 2015, 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. Used Merchandise use and conditions as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on Park Crestmoor Addition, Block 2, Lot 24-R-2-B, 700 West Euless Boulevard. 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. 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 August 11, 2015, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: Li a actin, ayor �... , ATTEST: Kim utter, TRMC, City Secretary APPROVED AS TO FORM: [ZIC Vk__ Wayne Olson, City Attorney Ordinance No. 2080, Page 2 of 3 T H E C I T Y O F UE)c S S '7j�r ORDINANCE NO. 2080 SPECIFIC USE PERMIT CASE #15-09-SUP LAND USE: Used Merchandise LOCATION: Park Crestmoor Addition, Block 2, Lot 24-R-2-B 700 W. Euless Boulevard 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): a. Tied to the business owner, Grapevine Relief and Community Exchange; and, b. Tied to the business name, GRACEful Buys; and, c. All merchandise shall be displayed within the store and not exterior to the building; and, d. Drop-off of donated items shall be conducted to the rear of the store during business hours and all items immediately placed within the interior of the building; and, e. Any drop-off donated items left exterior to the store shall be removed in a timely manner; and, f. The term of this Specific Use Permit shall be granted for a period of one (1) year in order to gauge the further appropriateness of the use at the specific location; and, g. 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: July 21, 2015 El approval denial X ` r z."_ Signature of P &Z Chairman Considered by City Council: DATE OF ACTION: August 11, 2015 ❑ approval El denial X i L. Signature of Mayo INVOICE Star-Telegram Customer ID: CIT09 808 Throckmorton St. Invoice Number: 335037521 FORT WORTH,TX 76102 (817)390-7761 RECEIVED Invoice Date: 8/15/2015 Federal Tax ID 26-2674582 Terms: Net due in 21 days AUG 2 4 2015 Due Date: 8/31/2015 Bill To: CITY OF EULESS PO Number: CITY OF EULESS ACCOUNTS PAYAB FINANCE DEPT. Order Number: 33503752 201 N ECTOR DR EULESS, TX 76039-3543 Sales Rep: 073 Description: ORDINANCE NO. 2 Attn:Attn: ACCOUNTS .PAYABLE Publication Dates: 8/14/2015 -8/15/2015 Description Location Col Depth Linage MU Rate Amount ORDINANCE NO.2080 AN ORDINANC 13580 I 43 43 LINE $0.34 $29.24 Mlsc Fee ORDINANCE NO. 2080 clause, and effective date clause $5,00 AN ORDINANCE AUTHORIZING THE of this ordinance shall be published ISSUANCE OF A SPECIFIC USE in a newspaper of general circula- PERMIT ON PARK CRESTMOOR tion in the City of Euless, in ADDITION,BLOCK 2,LOT 24-R-2-B, com lia pnce with the provisions of 700 WEST EULESS BOULEVARD, Article 11,Section 12 of the Euless FOR USED MERCHANDISE; PRO- City Charter. Net Amount' $34.24 VIDING FOR A SEVERABILITY PRESENTED AND PASSED ON FIRST CLAUSE; PENALTY FOR VIOLA- AND FINAL READING at a regular FECTI PUBLICATION AND AN EF- meeting t the Euless City to Council 7 D FECTIVE DATE. on August 11,2015 by a vote of 7 PENALTY FOR VIOLATION. Any ayes, 0 nays, and 0 abstentions. person, firm, or corporation vio- APPROVED: �I �l Id lating any of the terms and /s/ Linda Martin, Mayor ``ii++ provisions of this ordinance shall ATTEST: be deemed guilty of a misdemeanor, /s/Kim Sutter,TRMC,City Secretary and upon conviction thereof shall APPROVED AS TO FORM: q ,A ft� be fined in accordance with Chapter �,� . ' 1,"General Provisions,"Section 1- /s/ Wayne K. Olson,City Attorney '` "- 12,"General Penalty,"Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. CHRISTY LYNNE HOLLAND :i�a:••".�e°a PUBLICATION. The caption, penalty Notary PUbliC,State of Texas My Commission Expires July 31, 2016 THE STATE OF TEXAS County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor,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 o e named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)390-7039 Signed L SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,A gus 1 ,2015. Notary Public �2 Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT09 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 335037521 Invoice Amount: $34.24 PO Number: Amount Enclosed: $