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HomeMy WebLinkAbout2059 03-24-2015 ORDINANCE NO. 2059 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON AIRPORT BUSINESS PARK, BLOCK 1, LOT 2R, 1118 SOUTH AIRPORT CIRCLE, SUITE 150 FOR INTERNET 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 March 3, 2015, in conjunction with Specific Use Permit Case No. 15-01- SUP, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, the CityCouncil has conducted apublic hearingon 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. Internet Auto Sales use as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof) shall be permitted on Airport Business Park, Block 1, Lot 2R, 1118 South Airport Circle, Suite 150. 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: Linea M. in, ayor ATTEST;,/ I utter, T MC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No.2059, Page 2 of 3 THEr CITY OF EESS ORDINANCE NO. 2059 SPECIFIC USE PERMIT CASE #15-01-SUP LAND USE: INTERNET AUTO SALES IN HEAVY INDUSTRIAL DISTRICT LOCATION: AIRPORT BUSINESS PARK BLOCK 1, LOT 2R 1118 S. AIRPORT CIRCLE, SUITE 150 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. Jonathan Nauck; and, 2. Tied to the business name: JAMMC Partners, LTD, dba JAM Motorcars; 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 major 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: March 3, 2015 I approval denial X ?Aditaide f Signature of P &Z hairman Considered by City Council: DATE OF ACTION: March 24, 2015 approval denial X ��` i N Signature of or Ordinance No. 2059, Page 3 of 3