HomeMy WebLinkAbout1824 DENIED3 --3-0
ORDINANCE NO. 1824- DENIED
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON TRACTS 4F AND 4F1 AND A PORTION OF TRACT 4D,
LEVY FRANKLIN SURVEY, A -513, FOR TIRE 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 August 19, 2008, in conjunction with Specific Use Permit Case No. 08-02 -
SUP, and has rendered a recommendation to the City Council with respect to this case;
and,
WHEREAS, City Council has conducted a public hearing on September 9, 2008,
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 Tire Repair 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 Tracts 4F and 4171 and a portion of Tract 4D,
Levy Franklin Survey, A -513.
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 1, "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.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 9t" day of September, 2008, by a vote of
ayes, nays, and abstentions.
ROVED:
Mary Lib Saleh, Mayor
ATTEST:
Susan Com, TRMC, Coy Secretary
APPROVED AS TO FO
Bob McFarland, City Attorney
Ordinance No. 9824, Page 2 of 4
ORDINANCE NO. 1824
SPECIFIC USE PERMIT CASE #08 -02 -SUP
LAND USE: TIRE REPAIR
LOCATION (property address): 2500 block of State Highway 121
(legal description): Levy Franklin Survey, A -513, Tracts 4F and 4F1 and a portion of
Tract 4D
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):
Considered by Planning and Zoning Commission:
DATE OF ACTION: August 19, 2008
approval 571 denial
,Y" 71"
Signature of P & Z Chairman
Considered by City Council:
DATE OF ACTION: September 9, 2008
approval denial
X
ignature of-May-or
201 N. Fcmr Drive, Fuless, Texas 76039 -3595
817/685 -1630 • Metro 817/267 -4403 • FAX 817/685 -1628
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Ordinance 1824, Page 4 of 4 "Exhibit A"
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ZONING CHANGE 08 -02 -SUP a
NATIONAL TIRE 6 BATTERY (NTB) j t ; z '
STATE HWY 121 , S e
Located on 0.816 Acres of land out of the
L. Frankin Survey, Abstract No. 513
City of Euless, Tarrant County, Texas 8 6 fi 8 d
March 14, 2008 SHEET
Rev. March 31, 2008
OF 1