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HomeMy WebLinkAbout1895 11-23-2010 ORDINANCE NO. 1895 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON ALLEN M DOWNEN SURVEY, A-415, PORTION OF TRACT 413161, 830 S. INDUSTRIAL BOULEVARD FOR CARWASH; 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. 10-09- SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on November 23, 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 Carwash 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 Allen M Downen Survey, A-415, portion of Tract 4131131, 830 S. Industrial 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 23, 2010, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: 1-4 4 Ak-1 Mary Li aleh, Mayor ATTEST: Susan Crim, MC, City Secretary APPROVED AS TO FORM: Willia . McKamie, Interim City Attorney Ordinance No. 1895, Page 2 of 4 T H E C I T Y O F EULESS ORDINANCE NO. 18 9 5 SPECIFIC USE PERMIT CASE #10-09-SUP LAND USE: CARWASH LOCATION (property address): 830 S. Industrial Boulevard (legal description): Allen M Downen Survey, A-415, portion of Tract 4131 B1 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: Mint Carwash LLC; and, 2. The Specific Use Permit is tied to the business name: Mint Carwash. Considered by Planning and Zoning Commission: DATE OF ACTION: November 2, 2010 [ — approval F-1 denial x4 .4 Signature of P &Z Chairman Considered by City Council: DATE OF ACTION: November 23, 2010 / approval denial X Signature of Mayor 201 N. Ecror Drive,Euless,Texas 76039-3595 8171685-1630•Metro 817/267-4403• FAX 817/685-1628 zbio Mr. sw4rSrW3WW 93 fir. L A y Z5 Tel L. ffrx EQ e IV E[I" V -L LJ V6 2. 71 bLel: — Ordinance No. 1895, Page 4 of 4