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HomeMy WebLinkAbout1488 08-28-2001ORDINANCE NO. 1488 AN ORDINANCE MODIFYING THE CONDITIONS ATTACHED TO THE ISSUANCE OF SPECIFIC USE PERMIT NO. 99 -01 -SUP, AS AUTHORIZED BY ORDINANCE NO. 1395, CONCERNING LOT 1, BLOCK A, GRUBBS ADDITION; ALLOWING THE EXISTING CHAIN LINK FENCE ALONG THE SOUTH SIDE OF SAID PROPERTY TO REMAIN IN PLACE; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, by passage of Ordinance No. 1395 on November 23, 1999, authorized the issuance of Specific Use Permit No. 99 -01 -SUP, authorizing automotive sales and repair uses on Lot 1, Block A, Grubbs Addition; and WHEREAS, one of the conditions attached to the issuance of said Specific Use Permit was that the chain link fence along the south side of said property be replaced by a six foot masonry fence within one year of the issuance of said permit; and WHEREAS, it now appears that security of said property will be enhanced by leaving in place said chain link fence, rather than requiring same to be replaced by a masonry fence as originally specified; and WHEREAS, the Planning and Zoning Commission has conducted a public hearing on August 7, 2001, upon the proposed amendment to Specific Use Permit Case No. 99 -01 -SUP, and has rendered a recommendation to the City Council with respect to the case; and WHEREAS, the City Council has conducted a public hearing on August 28tH 2001, has considered the recommendation of the Planning and Zoning Commission, and has determined that the proposed modification to Specific Use Permit Case No. 99- 01 -SUP is in the best interests of the citizens of the City of Euless and that any foreseeable negative impacts of the specific 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 I That the conditions contained on the specific use permit form attached as page 3 of Ordinance No. 1395, which ordinance granted a specific use permit in Case No. 99- 01 -SUP be modified by deleting condition number 2, which required that the existing chain link fence along the south line of said property be replaced within twelve (12) months by a six foot masonry fence, and replacing same with a condition stating that the chain link fence along the south side of the property is allowed to remain until a site plan is approved on the property to the south and a determination is made based on the use of that property. SECTION II Severability Clause. That it is hereby declared to be the intention of the City Council 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION III Saving Clause. That Ordinance No. 1395, and Specific Use Permit Case No. 99 -01 -SUP authorized thereby, of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. Effective Date. This ordinance shall be in full force and effect from and after its passage and publication as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND APPROVED ON FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the 28th day of August 2001, by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: ATTEST: APPROVED AS TO FORM: Bob McFarland, City Attorney Ordinance No. 1488, Page 2 of 4 Susan Cri , CMC, City Secretary Specific Use Permit CASE #99 -01 SUP Revision to #99 -01 Speck Use Permit ORDINANCE NO. 1488 LAND USE: automotive sales and repair LOCATION: (property address): 1661 (Nest 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: COWDIT��S: pecr c se Permit Ordinance No. 1395 (Approved 11/23/99) CONDITION (2) AMENDED BY ORDINANCE NO. 1488 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 south border; and (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. Specific Use Permit Ordinance No 1488 (Amending Ordinance No. 1395, Approved 8/28/01) CONDITIONS: Amending Condition (2) by allowing the chain link fence along the southern property line to remain until a site plan is approved on the property to the south and a determination is made based on the use of that property. Considered by the Planning and Zoning Commission: DATE OF ACTION: August 7, 2001 RECOMMENDATION: approval ❑ denial Approved by City Council: 8 2 8 DATE OF ACTION: 01 approval ❑ denial X Ordinance No. 1488, Page 3 of 4 201 N. Ector Drive, Euless, Texas 76039 -3595 817/685- 1400. Metro 8t7/267 -4403. Fax 817 /685 -1416 ZON 1.6 -OI NOTE: V C S WIL5NIRE VILLAGE ADD TIQN. SITE PLAN -� Dili J9 SECURITY GATE INFORMATION ....� 4. 4 fYy 1'PICAI LIbH' F XTAtE PARKING TABULATIONS aEwlrsEO lay E S LL N w R W 6 W W Q V J ~ oLL -H O m y•ri m A z m z w � V LOCATION MAP W co mi o. O b W 61TE� A Y i a LL _SAL 0 ESORIFTION. w 00 SPEGFIG USE PEWAT YY'OFSUP, ffi P A IIEVISION O 07- 046181 a SITE PLAN -87 -04 -SP °i� •O" z GRUBBS INFINITI v O 1800 AIRPORT FREEWAY N EULESS, TE %AS a w C .r{ b 1+ O