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Home My WebLink About2329 11-22-2022ORDINANCE NO.2329 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT FOR A MOTOR VEHICLE DEALER IN THE HEAVY INDUSTRIAL (1-2) ZONING DISTRICT LOCATED AT AIRPORT BUSINESS PARK ADDITION, BLOCK 1, LOT 2R, 1118 SOUTH AIRPORT CIRCLE, SUITE 120; 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 1, 2022, in conjunction with Specific Use Permit Case No. 22-11-SUP, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, City Council has conducted a public hearing on November 22, 2022, 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. A motor vehicle dealer and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) shall be permitted at Airport Business Park Addition, Block 1, Lot 2R, 1118 South Airport Circle, Suite 120. 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 CLAUSE. 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 November 22, 2022, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: 'L' da Martin, Mayor ATTES �L i Sutter, T?RMC, CMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2329, Page 2 of 4 ORDINANCE NO. 2329 SPECIFIC USE PERMIT CASE #22-11-SUP LAND USE: ALAM AUTO SERVICES, INC. LOCATION: 1118 S. AIRPORT CIRCLE, SUITE 120 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, Alam Joma; b. The Specific Use Permit is tied to the business name, Alam Auto Services, Inc. dba European Auto Sales & Services; c. No outdoor advertising display other than a permitted sign indicating the name of the business; d. No outdoor storage or display of vehicles; e. No more than five (5) 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 f. 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 1, 2022 approval � denial x Signature of P&Z Chai Ordinance No. 2329, Page 3 of 4 LAND USE: LOCATION: T H E Ft C I T Y O F UE) cS S 2329 ORDINANCE NO. SPECIFIC USE PERMIT CASE #22-11-SUP ALAM AUTO SERVICES, INC. 1118 S. AIRPORT CIRCLE, SUITE 120 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, Alam Joma; 2) The Specific Use Permit is tied to the business name, Alam Auto Services, Inc. dba European Auto Sales & Services; 3) No outdoor advertising display other than a permitted sign indicating the name of the business; 4) No outdoor storage or display of vehicles; 5) No more than five (5) 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 6) 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 1, 2022 Considered by City Council: DATE OF ACTION: NOVEMBER 22, 2022 L_' approval 0 denial .4 Signature of or AFFIDAVIT OF PUBLICATION Account # Order Number I Identification Order PO Amount Cols Depth 10663 352037 1 Print Legal Ad-IPL00998380 - IPL0099838 $40.64 1 37 L Attention: Mike Lowry CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 ORDINANCE NO. 2329 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PER- MIT FOR A MOTOR VEHICLE DEALER IN THE HEAVY INDUSTRIAL (1-2) ZON- ING DISTRICT LOCATED AT AIRPORT BUSINESS PARK ADDITION, BLOCK 1, LOT 2R, 1118 SOUTH AIRPORT CIR- CLE, SUITE 120; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVID- ING FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. PENALTY FOR VIOLATION. Any per- son, 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," Eu- less Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. 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 November 22, 2022. IR-0099838 Nov 25,27 2022 THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Stefani Beard, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: No. of Insertions: 2 Beginning Issue of: 11/25/2022 Ending Issue of: 11/27/2022 Sworn to and subscribed be ore met is 28th day o November in the year of 2022 sty*ems Homer Notary Public in and for the state of Texas, residing in Dallas County STEPHANIE HATCHER * �= My Notary IU # 13359 016 Expires January 14, 2026 Extra charge for lost or duplkate affidavtts. Legal document please do rat destroyl