HomeMy WebLinkAbout1990 04-09-2013 ORDINANCE NO. 1990
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON PLAZA ON THE LAKE ADDITION, BLOCK A, LOT 1, 401
SOUTH INDUSTRIAL BOULEVARD FOR SPECIFIC SERVICE
AUTOMOTIVE REPAIR; PROVIDING FOR 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 March 19, 2013, in conjunction with Specific Use Permit Case No. 13-01-
SUP, and has rendered a recommendation to the City Council with respect to this case;
WHEREAS, City Council has conducted a public hearing on April 9, 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;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1.
ALLOWED USES
THAT Specific Service Automotive Repair 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 Plaza on the Lake
Addition, Block A, Lot 1, 401 South Industrial 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, penalty clause, and effective date 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 Euless 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 and 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 on April 9, 2013, by a vote of 6 ayes, o nays,
and o abstentions.
APPROVED:
c Lam'
Mary Lib 7kf4gdi'
l Mayor
ATTEST:
Kim utter, MC, City Secretary
APPROVED AS TO FORM:
tOfcOL
Wayne Olson, City Attorney
Ordinance No. 1990, Page 2 of 4
THE [CITY OF
EuLEss
ORDINANCE NO. 1990
SPECIFIC USE PERMIT CASE #13-01-SUP
LAND USE: SPECIFIC SERVICE AUTOMOTIVE REPAIR
LOCATION: (property address): 401 South Industrial Boulevard
(legal description): Plaza on the Lake Addition, Block A, Lot 1
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: Saad Aljabban;
2) The Specific Use Permit is tied to the Business Name: Ten Minute Oil Change;
3) All repair of vehicles, including but not limited to: mechanical repair and maintenance
operations will be conducted within the building. No work will be conducted exterior to
the building;
4) Outdoor storage of vehicles or exterior display of merchandise, including tires are not
permitted;
5) All tires stored on site whether new or used, shall be stored in a manner that is screened
from public view from the right-of-way and shall be stored under cover so as to not allow
the collection of rainwater in the tires;
6) The services allowed at this facility are as follows: Oil Change, Brake Repair and
Replacement, Tire Repair and Replacement, Engine and Radiator Flush, Air
Conditioning Service, Tune Ups, Engine Diagnostic Service, State Inspection, Light
Mechanical Repair. Auto services not listed here are thereby prohibited;
7) 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,
8) 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: March 19,2013
approval denial
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Considered by City Council:
DATE OF ACTION: April 9, 2013
approval denial
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Signature of Mayor
Ordinance No. 1990, Page 3 of 4
EXHIBIT "A"
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