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HomeMy WebLinkAbout2211 11-27-2018 WITHDRAWN ORDINANCE NO. 2211 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON APPROXIMATELY 2.11 ACRES OF THE WESTPARK CENTRAL ADDITION, BLOCK 2, LOTS 2R2, 4R2 AND PORTION OF LOT 3R3A FOR A CARWASH; PROVIDING 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 November 6, 2018, in conjunction with Specific Use Permit Case No. 18-11-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 November 27, 2018, 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 and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) and specifically described in Exhibit A shall be permitted on approximately 2.11 acres of the Westpark Central Addition, Block 2, Lots 2R2, 4R2 and portion of Lot 3R3A. 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. 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 November 27, 2018, by a vote of ayes, nays, and abstentions. APPROVED: Linda Martin, Mayor ATTEST: Kim Sutter, TRMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2211, Page 2 of 4 T H E C I T Y O F R1 J_ Ll* 1 ) S S '7J7 ORDINANCE NO. _2211_ SPECIFIC USE PERMIT CASE #18-11-SUP LAND USE: Car Wash LOCATION: 2.11 acres of the Westpark Central Addition, Block 2, Lots 2R2, 4R2, and portion of Lot 3R3A 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 Property Owner: Carmel Car Wash; 2) The Specific Use Permit is tied to the Business Name: Carmel Car Wash; 3) 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. Considered by Planning and Zoning Commission: DATE OF ACTION: November 6, 2018 approval Edenial X Signature of P&Z Chairman Ordinance No. 2211, Page 3 of 10 THE ' CITY OF E�U, L'� S ORDINANCE NO. _2211_ SPECIFIC USE PERMIT CASE #18-11-SUP LAND USE: Car Wash LOCATION: 2.11 acres of the Westpark Central Addition, Block 2, Lots 2R2, 4R2, and portion of Lot 3R3A 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): CONDITIONS WILL ADDED AFTER CITY COUNCIL APPROVAL Considered by Planning and Zoning Commission: DATE OF ACTION: November 8, 2018 aapproval ❑denial Considered by City Council: DATE OF ACTION: November 27, 2018 ❑approval ❑denial X Signature of Mayor Ordinance No. 2211, Page 4 of 4 gra 9$R� A�7�7pp�$�$4 Esai3l�.�� � ����■��■��� ��f�j_� � �� �� • �V YJ $ a 3a 04 9 IA s s d, �. �s �`�€i t•o 7 .d, � c 2 Kyr �'a• �_ — — _. 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