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Home My WebLink About1893 11-09-2010 ORDINANCE NO. 1893 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON J P HALFORD ADDITION, BLOCK D, LOT 7, 116 W. EULESS BOULEVARD FOR TIRE SHOP; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on November 2, 2010, in conjunction with Specific Use Permit Case No. 10-10- 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 November 9, 2010, 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, THAT: SECTION 1 ALLOWED USES Tire Shop 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 November 9, 2010, by a vote of 6 ayes, o nays, and o abstentions. APPROVED: �A"- t�- L Mary Lib tiileh, Mayor ATTEST: usan Crim, TRMC, City Secretary APPROVED AS TO FORM: William M. McKatnie, Inte im City A orney Ordinance No. 1893, Page 2 of 4 T H E C I T Y O F EUL�--- E, SS ORDINANCE NO. 1893 SPECIFIC USE PERMIT CASE #10-10-SUP LAND USE: TIRE SHOP 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 Specific Use Permit is tied to the Business Owner James Sosa; 2. The Specific Use Permit is tied to the Business Name: Hwy 10 Tire Shop; 3. All tires stored on site whether new or used, shall be stored in a manner that is 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; 4. All repair of tires shall be conducted within the building or within the fenced area behind the building; 5. Outdoor storage is prohibited in front of the building; and 6. The term of this Specific Use Permit shall be granted for a period of one year in order to gauge the further appropriateness of the use at the specific location. Considered by Planning and Zoning Commission: DATE OF ACTION: November 2, 2010 approval F-1 denial X i r Signature of P &Z Chairman Considered by City Council: DATE OF ACTION: November 9, 2010 approval denial X ` ignature of Mayor 201 N. Fcror Drive, Euless,Texas 76039-3595 817/685-1630•Metro 817/267-4403•FAX 817/685-1628 Exhibit "A" ZQ,NG CHANGE Gabe number i ;rant land w the I P Halford Survey , -711 May 17, 2009 Eu-ess. 'exas 76140 o ;spear. 3or 3w- ----— dbW sr -- � I I r ...,, 5470 door 7 dWPpiEEt 1?r 730" w t01' 1A2' 3w 2ar doer 116 W Euhm Rd 673'' Drdimance L$93, PaXe 4 of k "FXhiblt A" A"Truck Linea Inc DM Al's Tkft and AAo"m 118 W Eula Rd Pubim TX 7®140 Ordinance No. 1893, Page 3 of 4 INVOICE Star-Telegram Customer ID: CIT09 400 W.7TH STREET Invoice Number: 313077731 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 11/13/2010 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 11/30/2010 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 31307773 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS O Attn: ACCOUNTS .PAYABLE Publication Dates:l 1/12/2010-11/13/201 Description. Location Cot Dept4_Liqagc NIU Rate , Amount CITY OF EULESS CITY OF Ft AN ORDORDINANCE NO. 1893 INANCE AUTHORIZING THE 135u0 1 41 41 LINE $3.09 $253.46 ISSUANCE OF A SPECIFIC USE Sales DISCOU TION,PERMIT BLOCK D, LOTF 7, 6Dw: ($235.86) EULESS BOULEVARD FOR TIRE SHOP; PROVIDING FOR A SEV- Misc Fee ERABILITY CLAUSE;PENALTY FOR $10,00 VIOLATION AND AN EFFECTIVE DATE. PENALTY FOR VIOLATION. Any �"'� person, firm, or corporation I \ E/r'� I vio-lating any of the terms and /\.�' $27.6 provisions of this ordinance shall Net Amount:e deemed guilty of a misdemeanor, 1 and upon conviction thereof shall be fined in accordance with Chapter \\\��lH{IIIIJJJJ// 1,"General Provisions,"Section 1- 12,"General Penalty,"Euless Code 022010 ♦♦♦\� y L. HO of Ordinances. Each such violation C ® ♦ i shall be deemed a separate offense CITY Y �� q•P• •• . and shall be punishable as such F �QS•,�P� U&e. '�� hereunder. g N C E ;y$ V , O O *' EFFECTIVE DATE. This ordinance D E� � •z .� shall be in full force and effect T, C from and after its passage, as provided by the Euless City Charter i and the laws of the State of Texas. �9J�OF PRESENTED AND PASSED ON FIRST ��i ••••07- •tom;j(pIR�G;.' ♦� THE STAT ar on N vemberh9 E 0110,byita voteAND FINAL READING at a of '�//////J0 "3{"\�2�`♦♦♦ 6 ayes,0 nays,and 0 abstentions. County of APPROVED: /s/ Mary Lib Saleh, Mayor ATTEST: Before me/s/Susan Crim,TRMC,City SecretaryCounty and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for. the Star-T APPROVED AS TO FORM: elegram,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say /s/ William M. McKamie, Interim that the at city Attorney ent was publish the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)215 Signed SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, v f� r 23,2010. Notary Publi Thank You For Your Payment --------------------------------------------- Remit To: Star-Telegram Customer ID: CIT09 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH,TX 76101-2051 Invoice Number: 313077731 Invoice Amount: $27.60 PO Number: Amount Enclosed: