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Home My WebLink About1985 01-22-2013 ORDINANCE NO. 1985 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON PUENTE DEL OESTE ADDITION, LOT 1C1, 801 S. INDUSTRIAL BOULEVARD, SUITE C FOR USED APPLIANCE SALES AND SERVICE; 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- 17-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 Used Appliance Sales and Service 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 C. 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 Il, 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(iSaleh, Mayor Kim Sutter, TRMC, City Secretary APPROVED AS TO FORM: 1/Ck6L,-- Wayne Olson, City Attorney Ordinance No. 1985, Page 2 of 4 T H E C I T Y O F EULESS ORDINANCE NO. 1985 SPECIFIC USE PERMIT CASE #12-17-SUP LAND USE: USED APPLIANCE SALES LOCATION (property address): 801 S. INDUSTRIAL BOULEVARD, SUITE C (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 is tied to the business owner, James A. White; 2) The Specific Use Permit is tied to the business name, White Appliance; 3) The appearance of the building will be enhanced by replacing the awning and painting the façade; 4) All work will be performed internal to the structure; 5) No merchandise may be stored, displayed or shown exterior to the building. This will include the delivery of product to the store. All product introduced to the store will be brought into the store; 6) 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, 7) 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: Dece ber 18, 2012 a pro al denial X - 71r. Signature of P &Z Chai an Considered by City Council: DATE OF ACTION: January 22, 2013 � approval denial C74 x 4 4, ( ;C. •JI // 0 Signature of Mayor Ordinance No. 1985, Page 3 of 4 i)1 ,N.lour()Iiv r, fiuI .., i t,,700;0-1'0� `17/6.'2;-1-11111 \let] ,817/267-1411; aFa� I;/r;ti�-Illb 1v1v'1c�i. ulr �.ti.u, Exhibit "A" noun ofOpesNbo MaWay-Se1wMY Ibeen -open Said"" CIasN Faelllry will be used Mrsala of toed mod rem"lrcd epplWm nweB va aervwe rtatloo foo appliawwm. �i 0 HKH Sime- 6 parking apaaa avail 0 Tao Notes- 2 paling s{oaee avaJabk WK) Wltih A"Homm,- 3 parking apoees available 0 No Mme, busireu or wild Iih will be distorted 0 No nuisance prtoutioro ned to be More Q Duelew will he sburd by Mento Event Tess siw Ocy alma the more owm Robert A. Mil lee this will not afxi the siormmding buveeesea Ordinance No.1985, Page 4 of4 White Applimoere Notes A. Wbile 801 c S wA IVArNiil BIW CWtu, Rax]nea0 Bosircve¢ Fbonc$1'1495-2]50 Fac 81]645-0101 noun ofOpesNbo MaWay-Se1wMY Ibeen -open Said"" CIasN Faelllry will be used Mrsala of toed mod rem"lrcd epplWm nweB va aervwe rtatloo foo appliawwm. �i 0 HKH Sime- 6 parking apaaa avail 0 Tao Notes- 2 paling s{oaee avaJabk WK) Wltih A"Homm,- 3 parking apoees available 0 No Mme, busireu or wild Iih will be distorted 0 No nuisance prtoutioro ned to be More Q Duelew will he sburd by Mento Event Tess siw Ocy alma the more owm Robert A. Mil lee this will not afxi the siormmding buveeesea Ordinance No.1985, Page 4 of4