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Home My WebLink About1935 12-13-2011 ORDINANCE NO 1935 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON J P HALFORD ADDITION, BLOCK D, LOT 7, 116 W. EULESS BOULEVARD FOR TIRE SHOP; 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 15, 2011, in conjunction with Specific Use Permit Case No. 11- 14-SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on December 13, 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 Tire Shop 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 J P Halford Addition, Block D, Lot 7, 116 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," • 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 December 13, 2011, by a vote of 6 ayes, o nays, and 0 abstentions. APPROVED: Yat, rithk Mary Lib aleh, Mayor ATTEST: • -JOG s� _, . Ki , Sutter, RMC, City Secretary APPROVED AS TO FORM: (A4 1Z- Wayne K. Olson, City Attorney Ordinance No. 1935, Page 2 of 4 T H EC I T Y OF ORDINANCE NO. 1935 SPECIFIC USE PERMIT CASE #11-14-SUP LAND USE: TIRE SHOP LOCATION (property address): 116 W. Euless Boulevard (legal description): JP Halford Addition, Block D, Lot 7 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 James Sosa; 2) The Specific Use Permit is tied to the Business Name: Hwy 10 Tire Shop; 3) 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; 4) All repair of tires shall be conducted within the building or within the fenced area behind the building; 5) Outdoor storage is prohibited in front of the building; and 6) The term of this Specific Use Permit shall be granted for an additional period of one year in order to gauge the further appropriateness of the use at the specific location. Considered by Planning and Zoning Commission: DATE OF ACTION: November 15, 2011 approval denial X l f � Vignature of P 8,Z hairman Considered by City Council: DATE OF ACTION: December 13, 2011 approval denial dSignature of Mayor Ordinance No. 1935,Page 3 of 4 201 N.Eccor Drive,Euless,Texas 76039-3595 817/685-1630•Metro 817/267-4403•FAX 817/685-1628 • Paddng 710' 1 ! 1 17' shod +G 4(44 368" door gate '! MT do O 0 door 730 //" • / off^ /l )400" 101" 102"pato �! 330' / `�' / • • 200" // 116 W Euless Rd 47r H wt,. 1 D T. e, sk DP 1tp w. Euless 614 . Ektes5,13 to c #D Exhibit "A" 1 Ordinance No. 1935, Page 4 of 4 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 319262201 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 12/17/2011 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 12/31/2011 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 31926220 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS . PAYABLE Publication Dates:12/16/2011 -12/17/201 k ti s rt # ' t `Pal# r >p i ' #i t 1- gT WAVIAPi IA,h1** CITY OF EULESS ORDINANCE NO. 1 I3580 1 40 40 LINE $3.09 $247.40 c►IY 16f EULESS ( Legal Notkes Sales Discount AN ORDNANCE AUTHORIZING THE ($230.40) ISSUANCE OF A SPECIFIC USE "General Provisions,"Section 1 PERMIT ON J P HALFORD ADDI- 12, 'General Penalty;'Euless Code Misc Fee TION, BLOCK D, LOT 7, 116 W. i of Ordinances. Each such violation EULESS BOULEVARD FOR TIRE shall be deemed a separate offense $10.00 SHOP; PROVIDING FOR A SEV- and shall be punishable as such ERABILITY CLAUSE;PENALTY FOR hereunder. VIOLATION AND AN EFFECTIVE PRESENTED AND PASSED ON FIRST DATE. 1 AND FINAL READING at a regular EFFECTIVE DATE. This ordinance meeting of the Euless City Council shall be in full force and effect on December 13, 2011, by a vote Net Amount: 1otimfU//17.40 from and after its passage, of 6 ayes,0 nays,and 0 abstentions. `\\\\\ 1� /// passa e, as APPROVED ' H �/ provided by the Euless City Charter \� t' +fl and the laws of the State of Texas. /s/Mary Lib Saleh, Mayor �� .. PENALTY FOR VIOLATION. Any ATTEST: `Q ':p`( Ptie4 '•/s/Kim Sutter,TRMC,City Secretary Y person, firm, or corporation APPROVED AS TO FORM: o .....vio-lating any of the terms and p C) Provisions of this ordinance shall /s/Wayne K.Olson,City Attorney E C.):z 4 " be deemed guilty of a misdemeanor, y N, co : and upon conviction thereof shall - F:40 0 be fined in accordance with Chapter ' �47E .: £ - • e7(i4r'..• T j 'T 11 '',/y/7 IIQ1\\\\ THE STATE OF TEXAS County of Tarrant h 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 published in the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)215-2323 Signer.C)....7.— * ,‘i\ ' ��\._ SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,Dec- bt ,- 011. �, .‘,...„Ld Notary Public _ i / , `-i . _ 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: 319262201 Invoice Amount: $27.00 PO Number: Amount Enclosed: $ Z 7. oc I