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HomeMy WebLinkAbout2119 06-28-2016 ORDINANCE NO. 2119 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON J. P. HALFORD ADDITION, BLOCK D, LOT 7, 116 WEST EULESS BOULEVARD FOR TIRE REPAIR SHOP; 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. 16-04- 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. Tire Repair Shop use as specifically described 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 West 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. 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 law. 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: Linda Martin, Mayor ATTEST: i utter, T•MC, City Secretary 4 APPROVED AS TO FORM: (A)1 k C6---- Wayne Olson, City Attorney Ordinance No. 2119, Page 2 of 3 THE ES{CITY OF ,\,.._,,, ORDINANCE NO. 2119 SPECIFIC USE PERMIT CASE #16-04-SUP LAND USE: Tire Shop LOCATION: J. P. Halford Addition, Block D, Lot 7 116 W. Euless Boulevard 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. The Specific Use Permit is tied to the Business Owner James Sosa; and, b. The Specific Use Permit is tied to the Business Name: Hwy 10 Tire Shop; and, c. 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; and, d. All repair of tires shall be conducted within the building or within the fenced area behind the building; and, e. Outdoor storage is prohibited in front of the building; and, f. The auto repair services provided by this establishment are tire repair and wheel-related repairs. Any other auto repair services are in violation of this Specific Use Permit; and, g. The term of this Specific Use Permit shall be granted for a period of six (6) months in order to gauge the further appropriateness of the use at the specific location. At the end of this six month period the City Council shall determine whether to renew or extend the Specific Use Permit; and, h. 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. i. 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 [ 1.sapproval denial X I[ /i��s { ` Signature of P &Z Ch rman Considered by City Council: DATE OF ACTION: June 28, 201166 ' L"Japproval denial ignature of Mayo Ordinance No. 2119, Page 3 of 3 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 338122351 FORT WORTH,TX 76102 CSO c J� sO (817)390-7761 Invoice Date: 7/2/2016 Federal Tax ID 26-2674582 REQUISITION Terms: Net due in 21 days L Due Date: 7/31/2016 Bill To: CITY OF EULESS ACCOUNTS PAYAB JUL 19 2016 PO Number: 201 N ECTOR DR Order Number: 33812235 EULESS, TX 76039-3543 REQUESTED Sales Rep: 047 Description: CITY OF EULESS 0 Attn:Attn: ACCOUNTS . PAYABLE Publication Dates: 7/1/2016 -7/2/2016 Description Location Col Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO. 2 I3580 1 40 40 LINE $8.22 $657.80 Sales Discount ($634.00) Misc Fee $10.00 RECEIVED' JUL 18 2016 �- Net mount._ — — __ _ $33.80 ,,,,,,, t "� DEBORAH JEAN BAYLOR �`*pr P�9 i� 14%Ars Notary Public,State of Texas CITY OF EULESS i +�6° MyCammisslonExpires County of Tarrant FINANCE DEPT. •0,f,,,,r,;;+° October 29, 2019 Before me,a Notary Public in and for said County and State, this day personally appeared Christy Holland,Bids eb Legal Coordinator for the Star-Telegram,pub fished by the Star-Telegram,Inc.at Fort Worth,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.0 SUBSCRIBED AND SWORNTO BEFORE ME, THIS DAY OF 741L9' /a 2016 signed A� NOT-A PUBLICA42iNG � 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: 338122351 Invoice Amount: $33.80 PO Number: Amount Enclosed: $ I Oftiginal S ko CSO CITY OF EULESS ORDINANCE NO. 2119 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON J. P. HALFORD AD- DITION,BLOCK D,LOT 7,116 WEST EULESS BOULEVARD FOR TIRE REPAIR SHOP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVID- ING A PENALTY FOR VIOLATION; PROVIDING 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 abstentions.