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HomeMy WebLinkAbout1395 11-23-1999ORDINANCE NO. 1395 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON GRUBBS ADDITION, BLOCK A, LOT 1, FOR AUTOMOTIVE SALES AND REPAIR; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on November 16, 1999, in conjunction with Specific Use Permit Case No. 99 -01 -SUP, and has rendered a recommendation to the City Council with respect to this case, WHEREAS, City Council has conducted a public hearing on November 23, 1999, 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 automotive sales and repair uses as specifically shown and described on Exhibit "A" (attached hereto and made a part hereof) and on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on Grubbs Addition, Block A, Lot 1. 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 "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 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. Ordinance No. 1395, Page 1 of 5 PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 23rd day of November, 1999, by a vote of 6 ayes, o nays, and o abstentions. APPROVED: i Mayor ATTEST: - usa Crim, C /AAE, City Secretary VAPPR VEDAS TO FORM: /City Attorney Ordinance No. 1395, Page 2 of ,s T H E C I T Y O F EULESS Specific Use Permit CASE #99-01 -SUP REVISION TO SPECIFIC USE PERMIT #97 -01 -SUP LAND USE: automotive sales and repair LOCATION (property address): 1600 Airport Freeway (legal description): Grubbs Addition, Block A, Lot 1 This permit is valid only for the property and use listed above and then ONLY in accordance with the following documents and/or conditions: DOCUMENTS: Specific Use Permit (Revision) Ordinance No. 1395 including Exhibit as Page 5 of 5 CONDITIONS: 1. The existing chain link fence that is outlined on the exhibit on the west side and north side of the property will remain per the owner's request. 2. The chain link fence along the south line of the property is allowed to remain for a period of 12 months. At the end of the 12 months the owner will either will have exercised his option to buy the south part of the property and will install a six foot masonry fence along the new south border, or, if he does not exercise his option he will install a six foot masonry fence along the current Considered by the Planning and Zoning Commission: south border. 3. see p. 4 DATE OF ACTION: November 16, 1999 RECOMMENDAPON: approval Approved by City Council: DATE X & Z Chairman Denied by City Council: DATE DENIED: Signature of Mayor Ord. No. 1395, Page 3 of 5 201 N. Ector Drive, Euless, Texas 76039 -3595 817 18F 1400 • Metrn 817/267 -440:3 • Fax 817/68.5 -1416 T H E C i i y O F EULESS Specific Use Permit CASE 1199 -01 -SUP REVISION TO SPECIFIC USE PERMIT 1197 -01 -SUP CONDITIONS, continued 3. The owner (Grubbs Infiniti) needs to address the unfinished surface of the masonry wall on the east side of the property to satisfy the residents on the east property line. 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