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HomeMy WebLinkAbout1962 08-14-2012 ORDINANCE NO. 1962 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON ST MICHAEL'S SUBDIVISION, BLOCK A, LOT 6, 2740 W. EULESS BOULEVARD FOR AUTOMOTIVE SERVICE; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION; PUBLICATION IN THE OFFICIAL NEWSPAPER; AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on July 17, 2012, in conjunction with Specific Use Permit Case No. 12-09-SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on August 14, 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 Automotive Service uses conditioned by the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on St Michael's Subdivision, Block A, Lot 6, 2740 W. 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 14, 2012, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: �. a (hid) Mary Lib aleh, Mayor ATTEST: Sutter, 'MC, City Secretary APPROVED AS TO FORM: wl` &,---- Wayne Olson, City Attorney Ordinance No. 1962, Page 2 of 3 T H E C I T Y O F J._ li ORDINANCE NO. 1962 SPECIFIC USE PERMIT CASE #12-09-SUP LAND USE: AUTOMOTIVE SERVICE LOCATION (property address): 2740 W EULESS BOULEVARD (legal description): ST MICHAELS SUBDIVISION, BLOCK A, LOT 6 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) Tied to the business owner, Mr. Hussain Al-Nahi; 2) Tied to the business name, Euless Express Lube; 3) All work on vehicles will be required to be made inside of the structure; and, 4) No outdoor storage of merchandise or display of vehicles will be permitted. Considered by Planning and Zoning Commission: DATE OF ACTION: July 1 , 2012 approval denial X sa,4 � L 7y1 Signature of P &Z hairman Considered by City Council: August 14, 2012 DATE OF ACTION: ,/( approval denial X efi)dity ,i-ci- Signature of Mayor Ordinance No. 1962, Page 3 of 3 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1630•Metro 817/267-4403•Fax 817/685-1628 www.ci.euless.tx.us