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HomeMy WebLinkAbout1941 01-24-2012 ORDINANCE NO. 1941 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON J.W. LEWELLYN ADDITION, BLOCK 1, LOT 2, 2811 W. EULESS BOULEVARD FOR MOTOR VEHICLE DEALERSHIP; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on January 17, 2012, in conjunction with Specific Use Permit Case No. 11-17- SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on January 24, 2012, and 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 Motor Vehicle Dealership uses as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted on J.W. Lewellyn Addition, Block 1, Lot 2, 2811 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 January 24, 2012, by a vote of 7 ayes, o nays, and o abstentions. APPROVED: / I Q1di ) Mary Lib ".leh, Mayor ATTEST: , jee,ze?vfe. Ki Sutter, TRMC, City Secretary APPROVED AS TO FORM: GJX- 0,4/- Wayne K. Olson, City Attorney Ordinance No. 1941, Page 2 of 3 T H E C I T Y O F EuLEss ORDINANCE NO. 1941 SPECIFIC USE PERMIT CASE #11-17-SUP LAND USE: MOTOR VEHICLE DEALERSHIP LOCATION (property address): 2811 W. Euless Boulevard (legal description): J W Lewellyn Addition, Block 1, Lot 2 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) Tied to the owner, Mr. Damir Guilmanov; 2) Tied to the business name: RD Auto Group; 3) Permitted for the period of one year to be renewed through the Specific Use Permit process; 4) No outdoor advertising display other than a permitted sign indicating the name of the business; 5) No outdoor storage or display of vehicles; 6) No on-site major mechanical or auto body work to be performed on vehicles (this condition does not include computer diagnostic of vehicles which may be performed; and, 7) No more than five gallons of fuel stored per vehicle (including fuel in the vehicle gas tank) and no more than thirty (30) cumulated gallons stored within this facility. Considered by Planning and Zoning Commission: DATE OF ACTION: January 17, 2012 wig approval denial X 7F 27-7;` nature of P & man Considered by City Council: DATE OF ACTION: January 24, 2012 approval denial X LA .1//lh a Signature of ayor Ordinance No. 1941, Page 3 of 3 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1400•Metro 817/267-4403 •Fax 817/685-1416 www.ci.euless.tx.us INVOICE Star-Telegram Customer ID: CIT09 808 Throckmorton St. Invoice Number: 319835111 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/28/2012 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 1/31/2012 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 31983511 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS .PAYABLE Publication Dates: 1/27/2012'1/28/2012 v.CITY OF E' AN , .. ., Aunio tIzagG THE I3580 1 40 40 LINE $6.12 $489.80 Iss '1.— OF A sPEcinc USE PERMIT ON J.W. LEWELLYN AD- Sales Discol EULEt BOULEVARD FFOR MO OR ($475.80) VEHICLE DEALERSHIP PROVIDING Misc Fee FOR FOR VIOLATION AND CLAUSE; $10.00 EFFECTIVE DATE. 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. Net Amount: otttilliffU/ki'4$24.00 PENALTY FOR VIOLATION. Any person firm, o corporation %.• -i..[� / veo-Iatng any of the terms and ��� •••••.�q�4 provisions OT this ordinance shall Q�;.. `( Poe •.�"'JJ//1. be deemed guilty of a misdemeanor, P' and upon conviction thereof shall Z ' j LO.' be fined in accordance with Chapter 3 V Z 4.- ;T 1,"General Provisions,"Section 1- E.*:1 \ y 12,"General Penalty,"Euless Code of Ordinances.Each such violation . ,. �, shall be deemed a separate offense and shall be punishable as such . .•.•• 1i f:•. � hereunder. PRESENTED AND PASSED ON FIRST AND .31.;`���� AND FINAL READING at a regular meeting of the Euless City Council -4///flillmt' THE STATE on Jyanuary 24,2012, by a vote of County of T APPROVEDnays,and 0 abstentions. /s/Mal Lib Saleh, Mayor Before me, 1�/Kim Sutter,TRW,City Secretary inty and State,this day personally appeared Deborah Baylor Norwood,Bid and Legal Coordinator for the Star-Tel APPROVED AS TO FORM: dram, Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the atta /s/Wayne K Olson,City Attorney IL was publishe 'n the above named paper on the listed dates:BIDS&LEGAL DEPT. STAR TELEGRAM (817)215-2323 '\�t ` Signed ■_%- ■OJCPICN -N-- 4 SUBSCRIBED AND SWORN TO BEFORE ME,THIS Monday,Jan =ry e lot 012. Notary Public �/, .�. ./ .l . . ,.6i, 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: 319835111 Invoice Amount: $24.00 PO Number: Amount Enclosed: $ 1'4. CO I