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HomeMy WebLinkAbout1948 02-28-2012 ORDINANCE NO. 1948 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON HARWOOD PLAZA ADDITION, LOT 5, 1007 HARWOOD ROAD FOR USED MERCHANDISE STORE USE; 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 February 21, 2012, in conjunction with Specific Use Permit Case No. 12-02- 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 February 28, 2012, 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: SECTION 1 ALLOWED USES THAT Used Merchandise Store use as specifically described on Exhibit "A" (attached hereto and made a part hereof) and on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on Harwood Plaza Addition, Lot 5, 1007 Harwood Road. 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. SECTION 5 EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and upon second publication, 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 February 28, 2012, a vote of 5 ayes, o nays, and o abstentions. APPROVED: Yitt C4-6-1U Mary Lib leh, Mayor ATTEST: i Sutter, TRMC, City Secretary APPROVED AS TO FORM: A4,t, Wayne K. Olson, City Attorney Ordinance No. 1948, Page 2 of 4 T H E C I T Y O F EuLEss ORDINANCE NO. 1948 SPECIFIC USE PERMIT CASE #12-02-SUP LAND USE: USED MERCHANDISE RETAIL SALES - SPECIFIC USE PERMIT LOCATION: (property address):1007 W Harwood Road (legal description): Harwood Plaza Addition, Lot 5 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 SUP would be tied to the business owner, Brandi Bolen; 2) The SUP would be tied to the business name, New to Me; 3) All merchandise shall be displayed within the store and not on the sidewalk; and, 4) The SUP shall be effective for a period of one year, after which a renewal of the SUP will be required. Considered by Planning and Zoning Commission: DATE OF ACTION: February 1, 2012 approval denial X h . SigLofP7rman Considered by City Council: DATE OF ACTION: February 28, 2012 approval denial X 1 Q j� � A Ordinance No. 1948, Page 3 of 4 / Signature of Mayor 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1400•Metro 817/267-4403 •Fax 817/685-1416 www.ci.euless.tx.us EXHIBIT "A" :::415 n n1 ,tA PN a �cfu • 1i Lo .00 w • lir) . . r ii • O r! Ed 0 1 T i • r 0 oy' w$ „; %.--'m Ordinance No. 1948, Page 4 of 4 INVOICE • Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 32031 1691 FORT WORTH,TX 76102 (817)390-7761 ._; l i Invoice Date: 3/3/2012 I Federal Tax ID 26-2674582 Terms: Net due in 21 days r, !1 - ,i'i"?2 Due Date: 3/31/2012 Bill To: LI CITY OF EULESS ACCOUNTS PAYAB ( Ipl`A - ``� PO Number: . ' Order Number: 32031169 201 N ECTOR DR ..__--�,,�.........r��_.,..._,�..y,.,,o, - EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS . PAYABLE Publication Dates: 3/2/2012-3/3/2012 Description Location Col Depth Linage MU Rate Amount -CITY OF EULESS CITY OF EU ORDINANCE No. 1948 13580 1 41 41 LINE $6.12 $501.92 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE Sales Discour. ADDITION,LOT 5,10007 HARW000 ROAD FOR USED MERCHANDISE ($484.32) STORE USE; PROVIDING FOR A ERCLAUSE;PENALTY' M1SC Fee FOR VIOLATION; PUBLICATION $10.00 AND AN EFFECTIVE DATE. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and upon second publication, as provided by the Euless City Charter and the Net Amount: $27.60 laws'of the State of Texas. PENALTY FOR VIOLATION. Any `,01111111///'ii, person, firm, or corporation vio- ��'SJ L..f{O ///4 lating any of the terms and 1 provisions of this ordinance shall , , •' 0,, be deemed guilty of a misdemeanor, Z1:�Q�• ��� PUe��. �t and upon conviction.thereof shall • be fined in accordance with Chapter C);? t, c" *.* 1,"General Provisions,"Section 1- . 12,"General Penalty,"Euless Code ■ 3*• /1 of Ordinances. Each such violation IV' shall be deemed a separate offense •;�"�TE OF 6 •; and shall be punishable as such G hereunder. •.P-R Z THESTATE( PmQDFNoAfAREE NsaD0Coun'I '''//* ll-3lA11�t `a County of Tar February 28,2012,a vote of 5 ayes, 0 nays,and 0 abstentions. APPROVc.n. Before me,a /s/ Mary Lib Saleh, Mayor ity and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star-Telec ATTEST: that the Star-Telec/s/Ki Sutter,TO FORM:Secretary ram, Inc. at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say /s/ Wayne K. Olson, City Attorney vas publish • the above named paper on the listed dates: BIDS&LEGAL DEPT. STAR TELEGRAM (817)215-232., � ` • ` Signed % ,�, ��',- SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,M. ch 5/012. Notary Public 'I/_ ,,,ii.,, Li? ,il. , .�L MI 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: 32031 1691 Invoice Amount: S27.60 PO Number: n(O/l Amount Enclosed: $ 17. UG I