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HomeMy WebLinkAbout2062 05-26-2015 ORDINANCE NO. 2062 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON EULESS GARDENS, BLOCK 3, LOT 1B, 316 NORTH MAIN STREET FOR AUTO SERVICE; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION; PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on April 21, 2015, in conjunction with Specific Use Permit Case No. 15-05-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 May 12, 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. Auto Service uses and conditions as specifically described in "Exhibit A" and on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on Euless Gardens, Block 3, Lot 1B at 316 North Main Street. 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 and penalty 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 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 READING at a regular meeting of the Euless City Council on May 12, 2015, by a vote of 4 ayes, 2 nays, and 0 abstentions. PRESENTED AND PASSED ON SECOND AND FINAL READING at a regular meeting of the Euless City Council on May 26, 2015, by a vote of 6 ayes, o nays, and o abstentions. APPROVED: .10 , A' rlY�_ 1_ _ Linda Ma in, Mayor ATTEST: t Xteri4.- Kim'Suier, TRMC, City Secretary APPROVED AS TO FORM: iJ/ (2L. Wayne Olson, City Attorney Ordinance No. 2062, Page 2 of 4 EXHIBIT A Cil co \I. --) i ..\ H 0 , 1 , o no -"'e . 1 f -'14 ct I6 ...S c...s, H! , nq 1- SI V i- --> i/ _ 1 % / I ."1-_ ilt0 i // E \ m T ' 1 - -71st t (7 -5' \ , , 1' I fii LI- I . • t ,''• cs, •-/\ , A* rt ,.. ' i .4 •..•• , • li _ • 4 ' -V 1 Ordinance No. 2062, Page 3 of 4 THE CITY OF Eums ORDINANCE NO. 2062 SPECIFIC USE PERMIT CASE #15-05-SUP LAND USE: AUTOMOTIVE SERVICES LOCATION: EULESS GARDENS, BLOCK 3, LOT 1B 316 N. MAIN STREET 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. Tied to the business owner, Nedal Omar Darsalem; and, b. Tied to the business name, NK Entire Auto Lube, Inc dba Entire Auto Center; and, c. All repair of vehicles, including but not limited to: tire repair, 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 merchandise is not permitted within view of the public right- of-way; 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 under cover 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; Air Filter Change; Coolant Flush; Transmission Flush; Tire Replacement; Light Mechanical including brakes, shocks, struts, spark plugs, Wheel Alignment; Air Conditioning Service. 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 (1) 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: April 2 2015 approval denial X ririk.*....) Signature of P & hairman Considered by City Council: DATE OF ACTION: May 12, 2015 May 26, 2015 approval - denial X Ordinance No. 2062, Page 4 of 4 " gnature o Ma ��