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HomeMy WebLinkAbout1637 04-13-2004ORDINANCE NO. 1637 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON LOT 1 -R, BLOCK 1, AIRPORT BUSINESS PARK, 1205 TEXAS STAR PARKWAY, SUITE 130, FOR MOTOR VEHICLE DEALERSHIP; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on April 6, 2004, in conjunction with SPECIFIC USE PERMIT Case No. 04 -06 -SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on April 13, 2004, 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 MOTOR VEHICLE DEALERSHIP uses as specifically 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 Lot 1 -R, Block 1, Airport Business Park. 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," 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. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 13th day of April, 2004, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Mary Lib Seeh, Mayor ATTEST: Susm, C, City Secretary APPROVED AS TO FORM: o cFarland, ity Attorney Ordinance No. 1637, Page 2 of 4 SS ORDINAN NO. 1637 SPECIFIC USE PERMIT CASE #04 -06 -SUP LAND USE: MOTOR VEHICLE DEALERSHIP LOCATION: (property address): 1205 Texas Star Pkwy., Suite 130 (legal description): Airport Business Park, Block 1, Lot 1 -R 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 Auto Buyers of Texas, Mr. John Harman owner; 2. Tied to term lease three years; 3. No outside storage, display of vehicles, or advertising on premises. 4. No repair or mechanical work completed on vehicles; 5. No more than five gallons of fuel to be stored in the gas tank of each vehicle. Considered by Planning and Zoning Commission: DATE OF ACTION: April 6, 2004 Considered by City Council: DATE OF ACTION: April 13, 2004 approval denial X Cii2L �$ignature of Mayor 201 N. Ector Drive, Euless, Texas 76039 -3595 817/685 -1630 • Metro 817/267 -4403 • Fax 817/685 -1628 www.ci.euless.tx.us John Trenton Harmon, Jr. d /b /a Auto Buyers of Texas Application for Specific Use Permit Requesting Exception to 02 -0X -SUP 1205 Texas Star Parkway, Suite 130 Floor Plan of Leased Space Ordinance 1637, Page 4 of 4 "Exhibit A" 1205 Texas Star Parkway Suite 130 Approximately 5,240 sq. ft. 3,473 Warehouse 879 Dropped ceiling no HVAC — 909 Office Scale — 3/32 = P