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HomeMy WebLinkAbout1914 06-28-2011 ORDINANCE NO. 1914 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON OAKWOOD TERRACE NORTH ADDITION, BLOCK 16, LOT AR1, 1600 W. EULESS BOULEVARD FOR CONVERSION OF AUTO USE TO CONVENIENCE STORE; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on June 7, 2011, in conjunction with Specific Use Permit Case No. 10-03-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 June 28, 2011, 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 Conversion of Auto Use to Convenience Store 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 Oakwood Terrace North Addition, Block 16, Lot AR1, 1600 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," Ordinance No. 1914, Page 1 of 4 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 APPROVED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 28th day of June 2011, by a vote of 6 ayes, 1 nay and o abstentions. APPROVED: 7 ,L(221Aí Mary Lib aleh, Mayor ATTEST: ~AP? usan Crim, 'MC, City Secretary APPROVED AS TO FORM: (4/- Wayne K. Olson, City Attorney Ordinance No. 1914, Page 2 of 4 T H E 1CITY OF , ' ,,,.,, ,., -- „44. ,,,,,, ORDINANCE NO. 1914 SPECIFIC USE PERMIT CASE #10-03-SUP LAND USE: Conversion of Auto Use to Convenience Store LOCATION (property address): 1600 W. Euless Boulevard (legal description): Oakwood Terrace North Addition, Block 16, Lot AR1 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 would be tied to the owner: Mr. Adan Ocampo 2. The Specific Use Permit would be tied to the business names: Adam's Auto Service and Adam's Food Mart; 3. All signage for both businesses specifically would be maintained to be in compliance with the Sign Ordinance of the City of Euless as amended; 4. All landscaping as shown on the site plan approved by the Specific Use Permit be installed prior to the issuance of a Certificate of Occupancy for the convenience store; and 5. If Applicant is cited for violating the sign and/or the crime prevention ordinances of the city after granting of the SUP and does not cure the citation within a 30-day period, staff is directed to return to the Planning and Zoning Commission and the City Council for possible revocation of SUP. Considered by Planning and Zoning Commission: DATE OF ACTION: June 7, 2011 approval denial X - •�• r o ignature of P & Chairman Considered by City Council: DATE OF ACTION: June 28,2011 f---- , approval denial X ✓� CYe / Signature of Mayor 201 N. Ector Drive,Euless,Texas 76039-3595 817/685-1630•Metro 817/267-4403•FAX 8171685-1628 q / ;a 3 ; §| Exhibit A \\ °S:/ \�v go g ^ \ © gill � \\ \w\«\d / \\\N , ) ! INVOICE Star-Telegram Customer ID: CITO9 400 W.7TH STREET Invoice Number: 316589311 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 7/2/2011 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 7/31/2011 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 31658931 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS .PAYABLE Publication Dates: 7/1/2011 -7/2/2011 CITY OF EULESS E lL a 1 ORDINANCE NO 1914 { Leg& Notices . ,Linage . / € I�IliRate; Amount Als fJF If vAth er �. . . CITY OF PERMIT ON OpAKWOOD TERRACE 1,"Gene "Section 1- NORTH ADDMON BLOCK 16,LOT 12,"General Penalty/Euless Code 41 41 LINE $3.09 $253.46 AR1,1600 W.EULESS BOULEVARD of Ordinances.Each such violation FOR CONVERSION OF AUTO USE shall be deemed a separate offense Sales Dis TO CpNVENIENCE STORE; PRO- and shall be punishable as such ($235.86) VIDIN6 FOR A SEVERABILITY hereunder. PENALTY FOR VIOLA- I PRESENTED AND PASSED ON FIRST Misc Fee TIO _ AN EFFECTIVE DATE. AND FINAL READING at y Council $10.00 EFFECTIVE DATE. This ordinance meeting of the Euless Clay Council shall be in full force and effect on June 28, 2011, by a vote of 6 from and after Its passage, as ayes, 1 nays,and 0 abstentions. provided by the Euless City Charter APPROVED: and the laws of the State of Texas. /s/Mary Lib Saleh,Mayor PENALTY FOR VIOLATION. Any ATTEST: ppeerrssopn, firm or corporation vle- /i,�PROvEC A TO FORM Net Amount: $27.60 eatinngg any of the terms and provisions of this ordinance shall /5/Wayne K.Obon,City Attorney `m�1t1{{Uflll//////// be deemed 9u�y of a ntbdea estix and upon canrktlon thereof shall `��.ct L. H0441,16 ': Y P(/B4. i ! 4, c": s r i •. 'PPIRES••• O� THE STATE OF TEXAS �� I// -31 „`2�i'� County of Tarrant //NI1N{{ Before me,a Notary Public in and for said County and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for the Star-Telegram,published 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 an advertisement was publishe ' the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)215-2323 Signed .„.S.,Q_No. v ` .)..(2e'\_ SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday,Jul 65 2 11. Notary Public `iL■ -I. _ i r,Or ^„/ , / 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: 316589311 Invoice Amount: $27.60 PO Number: Amount Enclosed: $ x,77.00