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Home My WebLink About2292 09-14-2021 ORDINANCE NO. 2292 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON WESTPARK CENTRAL ADDITION, BLOCK 2, 4R2R; 121 WESTPARK WAY FOR A CARWASH; 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 August 17, 2021, in conjunction with Specific Use Permit Case No. 21-10-SUP, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, the City Council has conducted a public hearing on September 14, 2021, 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, THAT: SECTION 1. ALLOWED USES. Carwash uses and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) shall be permitted on Westpark Central Addition, Block 2, 4R2R; 121 Westpark Way. 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 CLAUSE. 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, 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 September 14, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: j G_,,,Y cry j' i/A ,I1, d- Lin a Martin, Mayor ATTEST: - Y ' SattercTRMC, CMC, City Secretary -AFTROVhD AS TO FORM: Olc Olson, City Attorney Ordinance No. 2292, Page 2 of 4 THE CITY OF } ORDINANCE NO. 2292 SPECIFIC USE PERMIT CASE #21-10-SUP LAND USE: CAR WASH LOCATION: 121 WESTPARK WAY 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: ISP Westpark Wash Ops LLC; 2) The Specific Use Permit is tied to the business name, Carnation Auto Spa; and 3) 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: AUGUST 17, 2021 I�I approval denial X X- Signature of Chairm Ordinance No. 2292, Page 3 of 4 r HEi CITY OF RI 1 s ..-,... ..s \_,, ORDINANCE NO. 2292 SPECIFIC USE PERMIT CASE # 21-10-SUP LAND USE: CAR WASH LOCATION: 121 WESTPARK WAY 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: ISP Westpark Wash Ops LLC; 2) The Specific Use Permit is tied to the business name, Carnation Auto Spa; and 3) 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: AUGUST 17, 2021 I V I approval =denial Considered by City Council: DATE OF ACTION: SEPTEMBER 14, 2021 i ✓ approval I denial .. l _�, X 4,4-'.t i-'f.._.. �'' ce,L:L y P ii•; Signature of Mtayor\- Ordinance No. 2292, Page 4 of 4 Beaufort Gazette The Herald-Rock Hill el Nuevo Herald-Miami Sun News-Myrtle Beach Belleville News-Democrat Herald Sun-Durham Modesto Bee The News Tribune Tacoma Bellingham Herald Idaho Statesman Raleigh News$Observer The Telegraph-Macon w Bradenton Herald Island Packet The Olympian San Luis Obispo Tribune mC`�..I.AT .H Centre Daily Times Kansas City Star Sacramento Bee Tri-City Herald Charlotte Observer Lexington Herald-Leader Fort Worth Star-Telegram Wichita Eagle Columbus Ledger-Enquirer Merced Sun-Star The State-Columbia Fresno Bee Miami Herald Sun Herald-Biloxi AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 10663 136640 Print Legal Ad-IPL0041389 $44.84 1 46 L Attention: Mike Lowry THE STATE OF TEXAS CITY OF EULESS COUNTY OF TARRANT 201 N ECTOR DR EULESS,TX 760393543 Before me,a Notary Public in and for said County and State,this day personally appeared Amanda Grisham,Bid and Legal Coordinator for the Star- Telegram,published by the Star-Telegram,Inc.at ORDINANCE NO.2292 Fort Worth,in Tarrant County,Texas;and who, AN ORDINANCE AUTHORIZING THE after beingdulysworn,did depose and saythat ISSUANCE OF A SPECIFIC USE p PERMIT ON WESTPARK CENTRAL the attached clipping of an advertisement was ADDITION, BLOCK 2, 4R2R; 121 WESTPARK WAY FOR A CARWASH; published in the above named paper on the listed PROVIDING FOR A SEVERABILITY dates: CLAUSE;PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLI- CATION IN THE OFFICIAL NEWSPA- PER;AND PROVIDING AN EFFECTIVE DATE. No.of Insertions: 2 SECTION 3. PENALTY FOR VIOLATION Any per- Beginning Issue of: 09/16/2021 son,firm,or corporation violating any of the terms and provisions of this Ending Issue of: 09/17/2021 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," Eu- less Code of Ordinances.Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 4. PUBLICATION CLAUSE.The caption, penalty clause, and effective date clause of this ordinance shall be pub- lished in a newspaper of general cir- culation in the City of Euless,in com- pliance with the provisions of Article II, Section 12 of the Euless City Charter. SECTION 5. osu 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 Sworn to and subscribed before me this 17th day of State of Texas. PRESENTED AND PASSED ON FIRST September in the year of 2021 AND FINAL READING at a regular meeting of the Euless City Council on September 14,2021,by a vote of 7 ayes,0 nays,and 0 abstentions. IPL0041389 Sep 16-17 2021 ge.'a4-4" Notary Public in and for the state of Texas,residing in Dallas County K*, My tiottvy ID 1111t Extra charge for lost or duplicate affidavits. Legal document please do not destroy!