HomeMy WebLinkAbout1746 08-29-2006ORDINANCE NO. 1746
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON LOT 5D, JASPER ADDITION, FOR A MOTORCYCLE
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 August 22, 2006, in conjunction with Specific Use Permit Case No. 06-07 -
SUP, and has rendered a recommendation to the City Council with respect to this case;
WHEREAS, City Council has conducted a public hearing on August 29, 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 a Motorcycle 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 5D, Jasper
Addition.
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 29"' day of August, 2006, by a vote of 7
ayes, 0 nays, and 0 abstentions.
APPROVED:
Mary Lib Sageh, Mayor
ATTEST:
Susan Crim, RMC, City Secretary
APPROVED AS TO FORM:
-n7 -
Ordinance No. 1746, Page 2 of 4
ORDINANCE NO. 1746
SPECIFIC USE PERMIT CASE #06 -07 -SUP
LAND USE: Motorcycle Dealership
LOCATION (property address): 2021 W. Airport Frwy. #A
(legal description): Jasper Addition, Lot 5D
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. All of the activity is internal to the structure, and will not negatively impact
adjacent property /business owners;
2. No permanent outdoor display /storage of merchandise,
3. The Fire Marshall has established that a maximum of twenty gallons of fuel will
be allowed, including fuel in vehicle tanks;
4 Tied to business owner Karl Drusch; and
5. Valid for five years, consistent with the applicant's initial building lease term.
Considered by Planning and Zoning Commission:
DATE OF ACTION: August 22, 2006
21 approval denial
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Si nature of P Chairman
Considered by City Council:
DATE OF ACTION: August 29, 2006
approval denial
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Signature of Mayor
201 N. Ector Drive, Euless, Texas 76039 -3595
817/685 -1630 • Metro 817/267 -4403 • FAX 817/685 -1628
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Ordinance 1746, Page 4 of 4 "Exhibit A"