HomeMy WebLinkAbout1854 08-11-2009ORDINANCE NO. 1854
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON J P HALFORD ADDITION, BLOCK D, LOT 7, 116 W.
EULESS BOULEVARD FOR AUTOMOTIVE TIRE AND MOWER
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
July 7, 2009, in conjunction with Specific Use Permit Case No. 09 -05 -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 11, 2009, 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 Automotive Tire and Mower 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 J P Halford Addition,
Block D, Lot 7, 116 W. Euless Boulevard.
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 11th day of August, 2009, by a vote of 7 ayes,
0 nays, and 0 abstentions.
APPROVED:
Mary Lib S leh
Mayor
ATTEST:
usan Crim, T MC
City Secretary
APPROVED AS TO FORM:
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City Attorney
Ordinance No. 1854, Page 2 of 4
ORDINANCE NO. 1854
SPECIFIC USE PERMIT CASE #09 -05 -SUP
LAND USE: AUTOMOTIVE TIRE AND MOWER REPAIR
LOCATION (property address): 116 W. Euless Boulevard
(legal description): J P Halford Addition, Block D, Lot 7
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) The SUP would be tied to the owner of the business, Mr. Al Silva and the
name of the business, Al's Tires and Mowers;
(2) All tires stored on site, whether new or used, shall be screened from public
view from the right -of -way and shall be stored under cover so as to not allow
the collection of rainwater within the tires;
(3) All repair of tires and mowers shall be conducted within the building or
within the fenced area behind the building;
(4) No outdoor storage would be allowed in front of the building; and
(5) The term of the SUP shall be granted for one year.
Considered by Planning and Zoning Commission:
DATE OF ACTION: my 7, 2009
approval denial
X
gnature of P 8 hairman
Considered by City Council:
DATE OF ACTION: August 11, 2009
0 approval � denial
X ICI
Signature of Mayor
201 N. Ector Drive, Euless, Texas 76039 -3595
817/685 -1400 • Metro 817/267 -4403 • Fax 817/685 -1416
,A,ww.ci.euless.tx.us
ZC 'NG CHANGE Case number
Tract land iri the
J.P. Halford Survey
a -711
May 17, 2009 Euless, Texas 76140
473"
116 W Euless Rd
Ordinance 1854, Page 4 of 4
"Exhibit A"
ISO
lumpster
A &A Truck Lines Inc.
DBA AI's Tires and Mowers
116W Euless Rd
Euless TX 76140
T