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HomeMy WebLinkAbout1721 02-14-2006ORDINANCE NO. 1721 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON TRACTS 2, 2C, 3, 313, 4, 4A, 413, 5, 513, 5131, AND 5C, BRYANT HARRINGTON SURVEY, A -808, LOCATED AT THE SOUTHEAST CORNER OF W. GLADE ROAD AND SH 121 FOR OUTDOOR DISPLAY, STORAGE AND SALES OF MATERIALS; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on February 7, 2006, in conjunction with Specific Use Permit Case No. 05-13 - SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on February 14, 2006, 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 Outdoor Display, Storage, and Sales of Materials use 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 Tracts 2, 2C, 3, 3B, 4, 4A, 4B, 5, 513, 5131, and 5C, Bryant Harrington Survey, A -808, located at the southeast corner of W. Glade Road and SH 121. 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 APPROVED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 14�h day of February, 2006, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Saleh, ATTEST: Sus n Crim, _ MC, City Secretary APPROVED AS TO FORM: I wr-il poi-4 P2 - �", vrwF " 4e- E Ordinance No. 1721, Page 2 of 4 T H E C I T Y O F EU_LJ.Y._JSS ORDINANCE NO. 1721 SPECIFIC USE PERMIT CASE #05 -13 -SUP LAND USE: OPEN STORAGE OF LUMBER AND BUILDING MATERIALS LOCATION (property address): southeast corner ofW. Glade Rd. and Hwy 121 (legal description): Bryant Harrington Survey, A -808, Tracts 2, 2C, 3, 3B, 4 , 4A, 4B, 5, 5B, 5B1 & 5C 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. Three areas are specifically designated for outdoor storage and may be located in the following areas: garden center, parking lot outdoor display area, and adjacent to customer loading area as identified on the site plan exhibit; and 2. The parking lot permanent display area will be constructed and maintained with enhanced pavement treatment and landscaping, and shall not be used for the storage or sale of rental equipment. Considered by Planning and Zoning Commission: DATE OF ACTION: February 7, 2006 approval denial X Considered by City Council: ,Z. -7-f f nature of Vt Z Chairman DATE OF ACTION: February 14, 2006 21 approval = denial X ignature of Mayor 210 N. Ector Drive, Euless, Texas 76039 -3595 817/685 -1630 • Metro 817/267 -4403 • Fax 817/685 -1628 0 n a w w d n to V N r-, �d Pa 41 0 r-n w o' w rt E