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HomeMy WebLinkAbout2084 09-08-2015 ORDINANCE NO. 2084 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON HERITAGE TOWNE CROSSING ADDITION, BLOCK B, LOT 1, 3001 STATE HIGHWAY 121, SUITE 258 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 August 18, 2015, in conjunction with Specific Use Permit Case No. 15-11-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 September 8, 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 Heritage Towne Crossing Addition, Block B, Lot 1, 3001 State Highway 121, Suite 258. 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 September 8, 2015, by a vote of 6 ayes, o nays, and o abstentions. APPROVED: ar4b Lines Y actin, Mayor ATTEST: /.4-ej Kim S er, TRMC, City Secretary APPROVED AS TO FORM: jic Wayne Olson, City Attorney Ordinance No. 2084, Page 2 of 3 THE [ CITY OF D.Ess v\......:7- ORDINANCE NO. 2084 SPECIFIC USE PERMIT CASE #15-11-SUP LAND USE: USED MERCHANDISE LOCATION (property address): (legal description): 3001 STATE HIGHWAY 121 STE 258 17829 B 1 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, Nance Retail Stores, LLC, and, b Tied to the business name, Once Upon a Child; and, c. All merchandise shall be displayed within the store and not exterior to the building; and, d. Any customers bringing items to be sold to the retail store shall bring such items interior to the store during business hours; and e. No items shall be left exterior to the store. Any such items 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: `approval denial X -,-- ),/),,...; 777.5 _. 5eo &ZChair an Considered by City Council: DATE OF ACTION: apppoval denial Ordinance No. 2084, Page Af.&,.... Signature of v INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 335328171 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/12/2015 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 9/30/2015 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 33532817 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn:Attn:ACCOUNTS . PAYABLE Publication Dates: 9/11/2015 -9/12/2015 Description Location Cot Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO.2 I3580 I 36 36 LINE $0.34 $24.48 CITY OF EULESS Misc Fee ORDINANCE NO.2084 $5.00 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON HERITAGE TOWNE CROSSING ADDITION, BLOCK B, LOT 1,3001 STATE HIGHWAY 121, SUITE 258 FOR USED MERCHAN- Net Amount: $29.48 DISE; PROVIDING FOR A SEVER- ABILITY CLAUSE; PENALTY FOR t VIOLATION;PUBLICATION AND AN EFFECTIVE DATE. �--y PENALTY FOR VIOLATION. Any RECEIVED personating, firmany of, or the corporatioterms n vioand- I provisions of this ordinance shall be deemed guilty of a misdemeanor, Q n and upon conviction thereof shall SEP 1 8 201 be fined in accordance with Chapter 1,"General Provisions,"Section 1- fOrdinances.eEuless iat ��"""" oEachsuolon CITY O F EULESS '/ CHRISTY LYNNE HOLLAND shall be deemed a separate offense FINANCE DEPT. : hr t�;meg Notary Public,State of Te 4as and shall be punishable as such _,P %\ :1 My Commission Expires hereunder. THE STATE PRESENTED AND PASSED ON FIRST • S1.4-n•W July 31, 2016 AND FINAL READING at a regular ,��,,,.,,, „....„ County of Ta meeting of the Euless City Council on September 8, 2015, by a vote of 6 ayes,0 nays,and 0 abstentions. Before me,a APPROVED:/s/Linda Martin, Mayor unty and State,this day personally appeared Deborah Baylor, Bids&Legal Coordinator for the Star-1 ATTEST: Telegram, Inc.at Fort Worth,in Tarrant County,Texas:and who after being duly sworn, /s/Kim Sutter,TRMC,City Secretary did depose a APPROVED AS TO FORM: of advertisement was published in the a•: e named paper on the listed dates: BIDS&LEGS s/Wayne Olson,City Attorney )390-7039 • Signed , _ .�' •t ! CI–N.— SUBSCRIBED AND SWORN TO BEFORE ME, This Wednesday September 16,2015 FA II NOTARY PUBLIC �� _� mr\ �//4 REQUISITION Thank You For Your Payment SEP 18 2015 REQUESTED Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 335328171 Invoice Amount: $29.48 PO Number: Amount Enclosed: $ —