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HomeMy WebLinkAbout1984 01-22-2013 ORDINANCE NO. 1984 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON PUENTE DEL OESTE ADDITION, LOT 1C1, 801 S. INDUSTRIAL BOULEVARD, SUITE B FOR EVENT EQUIPMENT RENTAL AND STORAGE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, the City of Euless has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; WHEREAS, the Planning and Zoning Commission has conducted a public hearing on December 18, 2012, in conjunction with Specific Use Permit Case No. 12- 16-SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on January 22, 2013, 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; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1. ALLOWED USES THAT Event Equipment Rental and Storage uses as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof) and on Exhibit "A" (attached hereto and made a part hereof), shall be permitted on Puente Del Oeste Addition, Lot 1C1, 801 S. Industrial Boulevard, Suite B. 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 January 22, 2013, by a vote of 6 ayes, o nays, and o abstentions. APPROVED: ATTEST: Mary Lib Saleh, Mayor imrSutter, `fRMC, City Secretary APPROVED AS TO FORM: 1/(4 Wayne Olson, City Attorney Ordinance No. 1984, Page 2 of 4 T H E C I T Y O F EULESS ORDINANCE NO. 1984 SPECIFIC USE PERMIT CASE #12-16-SUP LAND USE: EVENT EQUIPMENT RENTAL AND STORAGE LOCATION (property address): 801 S. INDUSTRIAL BOULEVARD, SUITE B (legal description): PUENTE DEL OESTE ADDITION, LOT 1C1 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 Specific Use Permit will be tied to the business owner, Robert A. Miller; 2) The Specific Use Permit will be tied to the business name, Metro Events Texas; 3) No items may be stored, displayed or shown exterior to the building; 4) The appearance of the building will be enhanced by replacing the awning and painting the façade; 5) The term of this Specific Use Permit shall be granted for a period of one year in order to gauge the further appropriateness of the use at the specific location; and, 6) 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: December 18, 2012 approval denial k �X �� / Signature of & Z Chairman Considered by City Council: DATE OF ACTION: January 22, 2013 approval denial (--)1 Signature of Mayor Ordinance No. 1984, Page 3 of 4 201 N.I ctur I)rR i,I.uIus , lcx.ts til Iri -1-lull •\lrtru';17/267-41113 •I.1\ti17/h$5-1416 ■%ti\tic.ci.culc �.h.0 Exhibit "A" Sol — w a / 4 sills Metro Everts Texas analasse Bohn A. Miller 90169qub t7UWWJ 0 Blv EulevgTwa]60W Bwicese 643-0:81] 31I{K92 Fen:8176I3L101 Evuil: amina�mmcevenulesmwm 251p TaW 9qu FlAveilebk How" r ontna FbMy' 6NnY: ndayTans- 3:30pm SeardaY-BurNy: Cawed E.mstrww he maB r .wwm..aea.d round Blnr..ewlahodody © Tables -300 0 Cases- I,M ® BRlmaum MdL[.8 ® Base -600 0 mus -600 n._ e�u.."a-� CO HKA Sbme- 66arking sales available © Texas Tanws- 2 pub're spaes, amiable 0 Metlo Evan 7exaq-3 asking slam avaib de 9113umpAa wiu M Placed by the me already existing ow* 1by HIM Stare. O be amass, business m wJd Ilfe win be dienohd ©Non as preuWbv need b false Mmm be rele mRenam s pa oeeasasui vuwkswwill be rutins aniVedaaoraro6malwmea,w.B .w�udw nmwof oaRc m xiM fire firer Iwo amine®. Or mance No. 1980, Page 4 of0