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HomeMy WebLinkAbout2057 03-24-2015 ORDINANCE NO. 2057 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON J P HALFORD ADDITION, BLOCK D, LOT 7, 116 WEST EULESS BOULEVARD FOR TIRE REPAIR SHOP; 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 3, 2015, in conjunction with Specific Use Permit Case No. 14-14- 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 March 24, 2015, 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. Tire Repair Shop use as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof) shall be permitted on J P Halford Addition, Block D, Lot 7, 116 West Euless 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, 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 March 24, 2015, by a vote of 7 ayes, o nays, and 0 abstentions. APPROVED: A Air V)/(a 7 Lin a Ma in, Mayor �- ATTE T: K' utter, T MC, City Secretary APPROVED AS TO FORM: colt , _ Wayne Olson, City Attorney Ordinance No.2057, Page 2 of 3 THE [ CITY OF ESJllE ORDINANCE NO. 2057 SPECIFIC USE PERMIT CASE #14-14-SUP LAND USE: TIRE SHOP LOCATION: JP HALFORD ADDITION BLOCK D, LOT 7 116 W EULESS BOULEVARD 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 Sosa, and, 2 The Specific Use Permit is tied to the Business Name: Hwy 10 Tire Shop; and, 3. 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 within the tires; and, 4_ All repair of tires shall be conducted within the building or within the fenced area behind • the building; and, 5 Outdoor storage is prohibited in front of the building; and, 6. The auto repair services provided by this establishment are tire repair and wheel-related repairs. Any other auto repair services are in violation of this Specific Use Permit.; and, 7 The term of this Specific Use Permit shall be granted for an additional 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 3, 2015 r-1 approval n denial X --/-7.1.4.0.7Zi "advi.4.1. 17-/f Signature ofP &ZC irhb man Considered by City Council: DATE OF ACTION: March 24, 2015 approval denial X 4111.10. . /// Signature o a Ordinance No. 2057, Page 3 of 3