HomeMy WebLinkAbout2041 09-23-2014 ORDINANCE NO. 2041
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON EULESS INDUSTRIAL PARK ADDITION, BLOCK 1, LOTS
7, 8, 9A, 9B, 10, B1, AND B4, 1105 PAMELA DRIVE FOR ONLINE
AUTO SALES; 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 September 16, 2014, in conjunction with Specific Use Permit Case No. 14-
11-SUP, and has rendered a recommendation to the City Council with respect to this
case;
WHEREAS, City Council has conducted a public hearing on September 23,
2014, 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 Online Auto Sales uses as specifically described on the Specific Use
Permit Form (attached hereto and made a part hereof), shall be permitted on Euless
Industrial Park Addition, Block 1, Lots 7, 8, 9A, 9B, 10, B1, and B4, 1105 Pamela Drive.
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 lay.
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 September 23, 2014, by a vote of 6 ayes,
0 nays, and 0 abstentions.
APPROVED:
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•a _ in, Mayer
ATTEST:
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i utter, RMC, City Secretary
APPROVED AS TO FORM:
Wayne Olson, Ci Attorney
Ordinance No. 2041, Page 2 of 3
THE LCITY OF
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ORDINANCE NO. 2041
SPECIFIC USE PERMIT CASE #14-11-SUP
LAND USE: Online Auto Sales
LOCATION: 1105 Pamela Drive
Euless Industrial Park Addition
Block 1, Lots 7, 8, 9A, 9B, 10, B1, and B4
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. Randy Childers; and,
2. Tied to the business name: A.B.0 Auto Credit Inc.; and,
3. No outdoor advertising display other than a permitted sign indicating the name of the
business; and,
4. No outdoor storage or display of vehicles; and,
5. No on-site mechanical or auto body work to be performed on vehicles; and,
6. No more than five gallons of fuel stored per vehicle (including fuel in the vehicle gas
tank) and no more than thirty (30) gallons stored within the facility; and,
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: Sept ber 16, 2014
approval denial
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ignature of P &Z Chairman
man
Considered by City Council:
DATE OF ACTION: September 23, 2014
approval denial
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Ordinance No. 2041, Page 3 of 3