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HomeMy WebLinkAbout2048 12-09-2014 ORDINANCE NO. 2048 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 November 18, 2014, in conjunction with Specific Use Permit Case No. 14- 13-SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on December 9, 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 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 December 9, 2014, by a vote of 6 ayes, o nays, and 0 abstentions. APPROVED: — Linda,JN -rtin, Mayor ATTES : �r Kir Sutter, RMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2048, Page 2 of 4 T H E {CITY O F EuEEss ORDINANCE NO. 2048 SPECIFIC USE PERMIT CASE #14-13-SUP LAND USE: SPECIFIC SERVICE AUTOMOTIVE REPAIR LOCATION: PLAZA ON THE LAKE ADDITION, BLOCK A, LOT 1 401 S. INDUSTRIAL 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): a. The Specific Use Permit is tied to the Business Owner: Saad Aljabban; and. b. The Specific Use Permit is tied to the Business Name: Ten Minute Oil Change: and. c. 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; and, d. Outdoor storage of vehicles or exterior display of merchandise, including tires are not permitted; and, e. 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 interior to the building so as to not allow the collection of rainwater in the tires; and, f. 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; and. g. 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, h. 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: November 18,2014 royal denial X / ..4.L ap 74#eu.-- Signature of P&Z Chai an Considered by City Council: DATE OF ACTION: December 9, 2014 I/ approval • ( - denial X iL"i //,/_i i,nature of Ma or Ordinance No. 2048, Page 3 of 4 EXHIBIT A f I Industnat BIA Ordinance No. 2048, Page 4 of 4 a j� t EXHIBIT A f I Industnat BIA Ordinance No. 2048, Page 4 of 4