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HomeMy WebLinkAbout1955 05-08-2012 ORDINANCE NO. 1955 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON PLAZA ON THE LAKE ADDITION BLOCK A, LOT 1, 401 S. INDUSTRIAL BOULEVARD FOR AUTO SERVICE; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION; PUBLICATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on April 17, 2012, in conjunction with Specific Use Permit Case No. 11-06-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 May 8, 2012, 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 Auto Service 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 Plaza on the Lake Addition, Block A, Lot 1, 401 S. Industrial 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. The caption and penalty 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 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 and upon second publication, 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 May 8, 2012 a vote of 7 ayes, o nays, and o abstentions. APPROVED: (7)(1/ Yai Mary Lib aleh, Mayor ATTEST: Kim .utter, T'MC, City Secretary APPROVED AS TO FORM: INl r � . Wayne K. Olson, City Attorney Ordinance No. 1955, Page 2 of 4 T H E C I T Y O F EuLEss ORDINANCE NO. 1955 SPECIFIC USE PERMIT CASE #11-06-SUP LAND USE: AUTO SERVICE LOCATION (property address): 401 S. Industrial Boulevard (legal description): Plaza on the Lake Addition, Block A, Lot 1 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 business owner, Mr. Riyad Hossainy/ Farabi Investments; 2) Tied to the business name: Ten Minute Oil Change; 3) Traffic signalization of the intersection of the drive approach and S. Industrial Boulevard be designed, approved, and installed prior to the issuance of a Certificate of Occupancy; 4) No outdoor storage or display of vehicles will be permitted; 5) All work performed on the vehicles will be conducted interior to the building; and 6) Permitted for the period of one year to be renewed through the Specific Use Permit process. Considered by Planning and Zoning Commission: DATE OF ACTION: April 2 17, approval denial X I of P &Z Chairman Considered by City Council: DATE OF ACTION: May 8, 2012 approval denial X s-77- -fjgYa- ara-411..) ignature of Mayor Ordinance No. 1955, Page 3 of 4 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1400•Metro 817/267-4403•Fax 817/685-1416 www.ci.euless.tx.us Exhibit"A" 9 1! I I! i 1 iY • if I I it" ! G„ 1 i" P, Industrial Blvd. s cc , j 1 I I -1"< Industrial Blvd. 1 j I j j p e i j �,.4 j r j i_ n'° l,ai '°° i N ii 1 ? \*I "f I is S , i t j - g v/ air 2Pd 1 , a IIIIM1iII ..X000 2111110.. aO I I a �I.' s D if I Traf'FlO COrLlrole► ROM Archltawats on ae.rwawa,•gymmr..st alas Ii s 1 Familial Investments.Inc. '"....... • "00 Ordinance No. 1955, Page 4 of 4 1