HomeMy WebLinkAbout2133 09-13-2016 ORDINANCE NO. 2133
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 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 August 9, 2016, in conjunction with Specific Use Permit Case No. 16-15-
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 13,
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 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 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 September 13, 2016, by a vote of 7 ayes,
o nays, and 0 abstentions.
APPROVED:
Linda Martin, Mayor
ATTEST:
zCaz2IVA
im utter, TRMC, City Secretary
APPROVED AS TO FORM:
t)
Wayne Olson, City Attorney
Ordinance No. 2133, Page 2 of 3
THE tCITY OF
BULB) S
ORDINANCE NO. 2133
SPECIFIC USE PERMIT CASE #16-15-SUP
LAND USE: Used Merchandise
LOCATION: Heritage Towne Crossing Addition, Block B, Lot 1
3001 State Highway 121 , Suite 258
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 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: August 9, 2016/
Y approval denial
X ,44k4.4s)
Signature of P & Z Chairman
Considered by City Council:
DATE OF ACTION: September 13,3, 21-6
-Japproval denial
Signatu e of Mayor
Ordinance No. 2133, Page 3 of 3