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Home My WebLink About2121 06-28-2016 ORDINANCE NO. 2121 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT AT AIRPORT BUSINESS PARK ADDITION, BLOCK 1, LOT 1R AT 1205 TEXAS STAR PARKWAY, SUITE 120 FOR ONLINE AUTO SALES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on June 7, 2016, in conjunction with Specific Use Permit Case No. 16-12-SUP, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, the City Council has conducted a public hearing on June 28, 2016, 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. Online Auto Sales uses as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on, Airport Business Park Addition, Block 1, Lot 1R at 1205 Texas Star Parkway, Suite 120. 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. PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause of this ordinance shall be published in a newspaper of general circulation in the City of Euless, in compliance with the provisions of Article II, Section 12, of the Euless City Charter. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by lay. SECTION 5. 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 June 28, 2016, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: • Lin.- artin, ayor ATTEST: 4 ,ems/ 11 4/' im utter, TR C, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2121, Page 2 of 3 THE CITY OF c E s s ORDINANCE NO. 2121 SPECIFIC USE PERMIT CASE #16-12-SUP LAND USE: Online Auto Sales LOCATION: Airport Business Park Addition, Block 1, Lot 1R 1205 Texas Star Parkway Suite 120 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): a. Tied to the business owner: Judson Pedigo; and, b. Tied to the business name: Autrey Motorsports LLC; and, c. No outdoor advertising display other than a permitted sign indicating the name of the business; and, d. No outdoor storage or display of vehicles; and, e. No on-site mechanical or auto body work to be performed on vehicles; and, f. Applicable to the vehicles intended for sale, no more than five gallons of fuel stored per vehicle (including fuel in the vehicle gas tank) and no more than 50 gallons stored within the facility; and, g. The Specific Use Permit may be revoked if one or more of the conditions imposed by this permit has not been met or has been violated, and h. Upon revocation or expiration of the Specific Use Permit, all uses permitted hereunder shall cease. Considered by Planning and Zoning Commission: DATE OF ACTION: June 7, 2016 V lapproval denial X '701 p„ra.++� 7215' Signature of P &Z Ch rman Considered by City Council: DATE OF ACTION: June 28, 201 approvals denial Signature o M yor Ordinance No. 2121, Page 3 of 3 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 338122371 FORT WORTH,TX 76102 (817)390-7761 n�n Invoice Date: 7/2/2016 Federal Tax ID 26-2674582 4 U Terms: Net due in 21 days REQUISITIONDue Date: 7/31/2016 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR JUL 19 2016 Order Number: 33812237 EULESS, TX 76039-3543 Eales Rep: 047 REQUESTED Description: CITY OF EULESS 0 Attn:Atm: ACCOUNTS . PAYABLE Publication Dates: 7/1/2016 -7/2/2016 Description Location Col Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO. 2 13580 I 40 40 LINE $8.22 $657.80 Sales Discount ($634.00) Misc Fee $10.00 RECEIVED' $33.80 JUL 18 2011\let Amount:_ _ ;�;�a°Po°e., DEBORAH JEAN BAYLOR +�' `�a Notary Public,State of Texas CITY OFEULESS w.�. +2' My Commission Expires County of Tarrant F I N AN rr E SEPT. '`w?,;;oo October 29, 2019 _ Before me,a Notary Public in and forsaidCounty and State, this day personally appeared Christy Holland,Bids d'Legal Coordinator for the Star-Telegram,published by the Star-Telegram,Inc.at FortWorth,in Tarrant County,Texas:and who after being duly sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the listed dates: BIDS d'LEGALS DEPT Star-Telegram. SUBSCRIBED AND SWORNTO BEFORE ME, PI1IS DA9OF flay /a 2016 Signed I � � di,„„) 91(OTARTPZ1BLIC A QLJ `�� ON..-- Thank You For Your Payment Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN } FORT WORTH, TX 76101-2051 Invoice Number: 338122371 Invoice Amount: $33.80 PO Number: Amount Enclosed: $ o io; UM -1-o Cho CITY OF EULESS ORDINANCE NO. 2121 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT AT AIRPORT BUSINESS PARK ADDITION,BLOCK 1,LOT 1R AT 1205 TEXAS STAR PARKWAY, SUITE 120 FOR ONLINE AUTO SALES; PROVIDING FOR A SEV- ERABILITY CLAUSE;PROVIDING A PENALTY FOR VIOLATION; PRO- VIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION 3. PENALTY CLAUSE.Any person,firm or corporation violating any of the terms and provisions of this ordi- nance shall be deemed guilty of a misdemeanor and, upon conviction thereof,shall be fined in accordance with Chapter 1,Section 1-12,Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 4. PUBLICATION.The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on June 28, 2016, by a vote of 6 ayes, 0 nays and 0 ahstantions.