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HomeMy WebLinkAbout2126 08-16-2016 ORDINANCE NO. 2126 AN ORDINANCE AUTHORIZING THE ISSUANCE OFAP S ECIFIC USE PERMIT ON PARK CRESTMOOR ADDITION, BLOCK 2, LOT 24R2B, 700 WEST EULESS BOULEVARD, 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 June 21, 2016, in conjunction with Specific Use Permit Case No. 16-13- 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 August 16, 2016, 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 24R2B, 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 CLAUSE. 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 16, 2016, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Lin 'a Ma in, Mayor ATTEST: (f/dtthaAD Ki Su er, TRMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2126, Page 2 of 3 • THE [ CITY OF SCt ORDINANCE NO. 2126 SPECIFIC USE PERMIT CASE #16-13-SUP LAND USE: Used Merchandise LOCATION: Park Crestmoor Addition, Block 2, Lot 24R2B 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 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. g. Upon revocation or expiration of the Specific Use Permit, all uses permitted hereunder shall cease. Considered by Planning and Zoning Commission: DATE OF ACTION: June 21, 2016 approval denial X "Zn ignature of P &Z C atS irman Considered by City Council: DATE OF ACTION: August 16, 2016 approval denial Signatur o ayor Ordinance No. 2126, Page 3 of 3 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 338402481 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 8/20/2016 Federal Tax ID 26-2674582 1h/ Terms: Net due in 21 days Bill To: REQUISITION ` � °'�". .` ue Date: 8/31/2016 O Number: CITY OF EULESS ACCOUNTS PAYAB 201 N ECTOR DR247....)' �� rder Number: 33840248 AUGA�� 6 t`': ' EULESS, TX 76039-3543 ales Rep: 073 REQUESTED escription: CITY OF EULESS 0 Attn:Attn:ACCOUNTS . PAYABLE blication Dates: 8/19/2016 -8/20/2016 Description Location Col Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO. 2 13580 1 172 172 LINE $1.02 $350.88 Sales Discount ($227.04) Misc Fee $5.00 RECEIVED Net Amount: $128.84 AUG 26 2016 „,"k ��;� DEBORAH JEAN BAYLOR ',�:aY Notary Public,State of Texas .: My Commission Expires CITY OF EULESS CountyofTarrantDEPT. n ^r``' October 29, 2019 FINANCE ,,,,,,.. Before me,a Notary Public in and for said County and State, this day personally appeared Christy Holland,Buts d 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 ancf say that the attached clipping of advertisement was published in the above named paper on the listed dates: BIDS e”LEGALS DEPT.Star-Telegram.(t SUBSCRIBED AND SWOR[TO BEFORE SME, TVIS DAY OF August 43) 2016 ) Signed ,/�1'! , 2MtiOP / NOTARY PUBLICUs3153.M.\\41 Thank You For Your Payment Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 338402481 Invoice Amount: $128.84 PO Number: Amount Enclosed: $ oa�gl scat CSO ■ PUBLICATION.The City Secretary of r « �% the City of Euless is hereby directed Legal Notices to publish the caption, penalty clause and effective date of this CITY OF EULESS ordinance in the official newspaper ORDINANCE NO. 2118 of the City of Euless, as required AN ORDINANCE AMENDING CHAP- by Section 12 of Article II of the TER 78 "TAXATION" OF THE Charter of the City of Euless. EULESS MUNICIPAL CODE BY PRESENTED AND PASSED ON FIRST PROVIDING FOR THE COLLECTION AND FINAL READING at a regular OF INTEREST AND PENALTIES ON meeting of the Euless City Council HOTEL OCCUPANCY TAXES OWED on August 16, 2016, by a vote of TO THE CITY; PROVIDING THAT 7 ayes, 0 nays and 0 abstentions. THIS ORDINANCE SHALL BE CU- MULATIVE OF ALL ORDINANCES; ORDINANCE NO. 2127 PROVIDING A SEVERABILITY AN ORDINANCE AUTHORIZING THE CLAUSE; PROVIDING A SAVINGS 1 ISSUANCE OF A SPECIFIC USE CLAUSE; PROVIDING FOR PUBLI- PERMIT ON VINE ADDITION, CATION IN THE OFFICIAL NEWS- BLOCK A, LOT 1, 421 WEST PAPER; AND PROVIDING AN EF- AIRPORT FREEWAY FOR HOTEL; FECTIVE DATE. PROVIDING FOR A SEVERABILITY SECTION 6. CLAUSE; PROVIDING A PENALTY PENALTY CLAUSE.Any person,firm FOR VIOLATION; PROVIDING FOR or corporation violating any of the PUBLICATION IN THE OFFICIAL terms and provisions of this ordi- NEWSPAPER;AND PROVIDING AN nance shall be deemed guilty of a EFFECTIVE DATE. SECTION 3. ' misdemeanor and, upon conviction PENALTY CLAUSE.An thereof,shall be fined in accordance n person,firm with Chapter 1,Section 1-12,Euless or corporation violating any of the Code of Ordinances. Each such terms and provisions of this ordi- violation shall be deemed a separate nance shall be deemed guilty of a offense and shall be punishable as misdemeanor and, upon conviction j such hereunder. thereof,shall be fined in accordance SECTION 7. with Chapter 1,Section 1-12,Euless PUBLICATION.The City.Secretary of I Code of Ordinances. Each such the City of Euless is hereby directed 1 violation shall be deemed a separate to publish the caption, penalty offense and shall be punishable as clause and effective date of this such hereunder. ordinance in the official newspaper SECTION 4. of the City of Euless, as required PUBLICATION.The City Secretary of by Section 12 of Article II of the the City of Euless is hereby directed Charter of the City of Euless. to publish the caption, penalty PRESENTED AND PASSED ON FIRST clause and effective date of this AND FINAL READING at a regular ordinance in the official newspaper meeting of the Euless City Council by of the City of Euless, as required 1 on August 16, 2016, by a vote of fCh Section 12 of Article II of the 7 ayes, 0 nays and 0 abstentions. I Charter of the City of Euless. ORDINANCE NO. 2126 PRESENTED AND PASSED ON FIRST AN ORDINANCE AUTHORIZING THE AND FINAL READING at a regular ISSUANCE OF A SPECIFIC USE meeting of the Euless City Council I PERMIT ON PARK CRESTMOOR on August 16, 2016, by a vote of 7 ayes, 0 nays and 0 abstentions. ADDITION, BLOCK 2, LOT 24R2B, 700 WEST EULESS BOULEVARD, ORDINANCE NO. 2128 FOR USED MERCHANDISE; PRO- AN ORDINANCE AMENDING SEC- VIDING FOR A SEVERABILITY TION 84-54 "TERMINATION OF CLAUSE; PROVIDING A PENALTY NONCONFORMING USES" OF THE FOR VIOLATION; PROVIDING FOR UNIFIED DEVELOPMENT CODE OF PUBLICATION IN THE OFFICIAL THE CITY OF EULESS, TEXAS, NEWSPAPER;AND PROVIDING AN PROVIDING THAT A NONCON- EFFECTIVE DATE. FORMING USE OF PROPERTY SECTION 3. SHALL BE CHANGED TO A CON- PENALTY CLAUSE.Any person,firm FORMING USE BY ISSUANCE OF or corporation violating any of the A SPECIFIC USE PERMIT; PRO- terms and provisions of this ordi- VIDING FOR THE TERMINATION Hance shall be deemed guilty of a OF A USE UPON REVOCATION OR misdemeanor and, upon conviction EXPIRATION OF A SPECIFIC USE thereof,shall be fined in accordance PERMIT; PROVIDING THAT THIS with Chapter 1,Section 1-12,Euless ORDINANCE SHALL BE CUMULA- Code of Ordinances. Each such TIVE OF ALL ORDINANCES; PRO- violation shall be deemed a separate VIDING A SEVERABILITY CLAUSE; offiansuch e and shall'De punishable as PROVIDING A PENALTY FOR VI- such hereunder. OLATION; PROVIDING A SAVINGS SECTION 4. CLAUSE; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWS- ' I PAPER; AND PROVIDING AN EF- FECTIVE DATE. SECTION 4. PENALTY CLAUSE.Any person,firm or corporation violating any of the terms and provisions of this ordi- nance shall be deemed guilty of a misdemeanor and, upon conviction thereof,shall be fined in accordance with Chapter 1,Section 1-12,Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 6. PUBLICATION.The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on August 16, 2016, by a vote of 7 ayes, 0 neve and (1 abstentions.