HomeMy WebLinkAbout2251 08-11-2020 ORDINANCE NO. 2251
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON ANDREW HUITT SURVEY ABSTRACT NO. 684 TRACT 4A,
716 WEST EULESS BOULEVARD FOR A SPECIFIC SERVICE
AUTOMOTIVE RESTORATION; PROVIDING FOR 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 July 21,2020, in conjunction with Specific Use Permit Case No. 20-09-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 August 11, 2020,
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. A Specific Service Automotive Restoration use as specifically
described on the Specific Use Permit Form (attached hereto and made a part hereof) and
as indicated on Exhibit A shall be permitted on Andrew Huitt Survey Abstract No. 684
Tract 4A, 716 West 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 did a separate offense and shall be punishable as such hereunder.
SECTION 4.
PUBLICATION CLAUSE. 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 August 11, 2020, by a vote of 7 ayes, 0 nays,
and 0 abstentions.
APPROVED:
itly
/ -.\-W-44-47-S Lfieatrt-12,
nda Martin, Mayor m:
ATTEST:
rn.- utter C,Cam, City Secretary
APPROVED AS TO FORM:
Wayne Olson, City Attorney
Ordinance No. 2251, Page 2 of 5
THE [CITY OF
ELJSS^`
}
ORDINANCE NO. 2251
PLANNED DEVELOPMENT CASE #20-09-SUP
LAND USE: Specific Service Automotive Restoration
LOCATION: 716 W. Euless Boulevard
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 Property Owner, Frank Tomassi;
2) Tied to the Business Name, Frank's Speed Shop;
3) All open storage of vehicles associated with Frank's Speed Shop will be screened from
the public right of way through a masonry screening wall in accordance with the Euless
Unified Development Code under Section 84-336(b)(2);
4) No open storage or display of vehicles associated with Frank's Speed Shop is permitted
at 722 W. Euless Boulevard;
5) Any sales of vehicles will occur as an incidental use to the property and conducted
through third party auction or through internet sales;
6) No outdoor advertising display other than a permitted sign indicating the name of the
business;
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;
8) All major mechanical or bodywork conducted shall be located within the interior of the
buildings. No work shall be performed exterior to the buildings;
9) Services provided include; automobile restoration, customization, body repair (without
painting), engine, transmission, and electrical repair; and
10)The Specific Use Permit may be revoked if one or more of the conditions imposed buy
this permit has not been met or has been violated.
Considered by Planning and Zoning Commission:
DATE OF ACTION: July 21, 2020 V approval denial
Sign ture of P&Z C15airm`
Ordinance No. 2251, Page 3 of 5
THE [CITY OF
EULESS
v\zj
ORDINANCE NO. 9951
SPECIFIC USE PERMIT CASE #20-09-SUP
LAND USE: Specific Service Automotive Restoration
LOCATION: 716 W. Euless Boulevard
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 Property Owner, Frank Tomassi;
2) Tied to the Business Name, Frank's Speed Shop;
3) All open storage of vehicles associated with Frank's Speed Shop will be screened from the public
right of way through a masonry screening wall in accordance with the Euless Unified
Development Code under Section 84-336(b)(2);
4) No open storage or display of vehicles associated with Frank's Speed Shop is permitted at 722
W. Euless Boulevard;
5) Any sales of vehicles will occur as an incidental use to the property and conducted through third
party auction or through internet sales;
6) No outdoor advertising display other than a permitted sign indicating the name of the business;
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;
8) All major mechanical or bodywork conducted shall be located within the interior of the buildings.
No work shall be performed exterior to the buildings;
9) Services provided include; automobile restoration, customization, body repair(without painting),
engine, transmission, and electrical repair; and
10) The Specific Use Permit may be revoked if one or more of the conditions imposed buy this permit
has not been met or has been violated.
Considered by Planning and Zoning Commission: ��
DATE OF ACTION: JULY 21, 2020 L—Japproval denial
Considered by City Council:
DATE OF ACTION: AUGUST 11, 2020 approval denial
ignature of Mayoi
Ordinance No. 2251, Page 4 of 5
/,
10
SURVEY PLAT
LEGAL DESCRIPTION
BLOCK N
Being all that certain lot, tract or parcel of land located in the ANDREW HUITT
EULESS FOUNDERS PARC ADDITION SURVEY, ABSTRACT NO.684, Tarrant County, Texas, and being the same tract of
INST. NO. D218135216, 15' PUBLIC land described in deed to Drennan Commercial Group 2, LLC, recorded in
ACCESS EASEMENT Instrument No. D209302932, Official Public Records, Tarrant County, Texas, and
0.P.R.T.C.T. INST. NO. D218135216, I being more particularly described as follows;
2.5' WALL O.P.R.T.C.T.
BEGINNING at a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5310" set in
MAINTENANCE EASEMENT LOT 8 r66.121
OT A O the North line of West Euless Boulevard, a right-of-way, at the Southwest corner of
INST. NO. D218135216, � Lot 17R, Block 3, Park Crestmoor, an Addition to the City of Euless, Tarrant County,
O.P.R.T.C.T. N 88047'50" E DEED p ftJ
Texas, according to the plat thereof recorded in Volume 388-15, Page 653, Plat
1/2"IRS FROM Records, Tarrant County, Texas;
'—' WHICH BEAR 5/8"IRF
_- - (s 58°00'48" E 0.55') Thence South 55°45'00" West, along said North line a distance of 80.00' to an "X"
set at the Southeast corner of a tract of land described in deed to Claims Consulting
1.0' (OUT) 1.5' (OUT) Service Inc., recorded in Instrument No. D217288613, Official Public Records,
N89°02'30"W P SI G @ CONC. 0.3' (IN) 0.5' (IN Tarrant County, Texas;
242.19' TO 0.9' (OUT) 1.7' (IN)'9.35' WALL/FENCE 0.6' (IN) I
X-FOUND(MRD) J Thence North 00°35'00" West, a distance of 204.54' to a 5/8" iron rod found in the
O� LOO South line of Lot 8, Block N, Euless Founder Parc Addition, an Addition to the City of
O
I
p O Euless, Tarrant County, Texas, according to the plat thereof recorded in Instrument
No. D218135216, Official Public Records, Tarrant County, Texas, at the Northeast
,ZJ 12 corner of said Claims Consulting tract;
, 37.0' O Y (n U
1.0 C� W � Thence North 88°4750' East, passing at a distance of 19.35' the common South
(IN) 0.6' IN) 0 �; corner of said Lot 8, and Lot A of said Block N, and continuing a total distance of
\I _ ca C� op 66.12 to a 1/2 Iron rod with a yellow plastic cap stamped RPLS 5310 set in the
VVV a' BRICK B U I LD I IN G O V C D- West line of Lot 16R, of said Park Crestmoor, at the Southeast corner of said Lot A;
I N O 3.0' (IN) 5.0' J
1.1' yG Q O Thence South 00044'56" East, a distance of 160.9l' to the PLACE OF BEGINNING
(IN)11.5' SHIPPING (OUT) > and containing 12,129 square feet or 0.278 of an acre of land.
CONTAINER
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GRAPHIC SCALE G 3 (IN)y �4.6 (OUT)
1-INCH = 20 FEET
Basis of bearings derived I
from subject deed �xfr ioxa W
Instrument No. D209302932
O.P.R.T.C.T. W
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4 .d .a A ® G�� NOTE: All 1/2 IRS are 1/2-inch iron rods with
a -,e4 a ��� yellow plastic caps stamped "RPLS 5310'.
a MRD = Monument of Record Dignity
LEGEND
1/2" IR FOUND O X-FOUND ® TELE. BOX ® BOLLARD POST CQ3 UTILITY POLE —OH OVERHEAD UTILITY LINE COVERED AREA . • • CONCRETE BUILDING LINE
O 1/2" IR SET QO X-SET ❑❑ CABLE BOX 0 SEPTIC COVER ® WATER METER C GUY WIRE ANCHOR ASPHALT GRAVEL EASEMENT
0 5/8" IR FOUND 0 1" IR FOUND ® ELECTRIC BOX SAN. SEW. MH. GAS METER BARBED WIRE FENCE FIRE LANE STRIPE fir' BRICK BOUNDARY
8 3/8" IR FOUND 0 1" IP FOUND BRICK COLUMN oo IRRIGATION VALVE A.C. PAD IRON FENCE BRICK RET. WALL ® STONE — • • • — HIGH BANK LINE
• 60-D NAIL FOUND i2) POINT FOR CORNER STONE COLUMN H WATER VALVE TRANS. BOX �— CHAINLINK FENCE STONE RET. WALL ® WOOD DECK FEMA FLOOD LINE
® PK NAIL SET E CON. MONUMENT STORM DRAIN MH. FIRE HYDRANT WOOD FENCE CON. RET. WALL BUILDING WALL
+® 1/2" IP FOUND e 3/4" IP FOUND SAN. SEW. CO. LIGHT POLE P. E.1 POOL EQUIP. PIPE RAIL FENCE STUC. RET. WALL TILE HANDICAP SPACE '
"%pa Saar ON Vo%&a to rs - 4f1%0 w. pass A&W SURVEYORS
LE6+I A Abe 5' 15 10a � Professional Land Surveyor
708 WEST EULESS BOULEVARD TEXAS REGISTRATION NO.100174-00
4 P.O. BOX 870029, MESQUITE, TX. 75187
I PHONE: (972) 681-4975 FAX: (972) 681-4954
EULESS, TEXAS WWW.AWSURVEY.COM
JOB# 20-1056
DATE: 05-29-2020
DRAWN BY: 444
"A brofessional comvanY overatinQ in Your best interest"
INC.
s
9
Star-Teleg%jy
Arlington Citizen-Journal I The Keller Citizen I La Estrella
Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram
star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315
AFFIDAVIT OF PUBLICATION
Account# I Ad Number Identification PO Amount ols DeJLI
r- 600565 0004726749 ORDINANCE NO.2251 AN ORDINANCEAUTH $43.16 1 530
Attention: Lindsay Wells THE STATE OF TEXAS
CITY OF EULESS County of Tarrant
201 N ECTOR DR
EULESS, TX 760393543 Before me, a Notary Public in and for
said County and State,this day
personally appeared VICTORIA
ORDINANCE NO.2251 RODELA, Bid and Legal Coordinator
AN ORDINANCE AUTHORIZING
THE ISSUANCE OF A SPEC FIC for the Star-Telegram, published by
USE PERMIT ON ANDREW ORDINANCE NO.2251
HUITT SURVEY ABSTRACT NO. AN ORDINANCE AUTHORIZING the Star-Telegram, Inc. at Fort Worth,
ET THE ISSUANCE OF A SPECIFIC
LESS BOULEVARD FOR A SPE- Tarrant County,
in arranoun ; and who,
USE PERMIT ON ANDREW Y, Texas
CIFIC SERVICE AUTOMOTIVE HUITT SURVEY ABSTRACT NO. after being duly sworn, did depose
RESTORATION; PROVIDING 684 TRACT 4A, 716 WEST EU-
FOR A SEVERABILITY CLAUSE; LESS BOULEVARD FOR A SPE- and say that the attached clipping Of
PROVIDING A PENALTY FOR VI- CIFIC SERVICE AUTOMOTIVE
OLATION; PROVIDING FOR RESTORATION; PROVIDING an advertisement was published in
PUBLICATION IN THE OFFICIAL FOR A SEVERABILITY CLAUSE;
NEWSPAPER; AND PROVIDING PROVIDING A PENALTY FOR VI- the above named paper on the listed
AN EFFECTIVE DATE. OLATION; PROVIDING FOR
SECTION 3. PUBLICATION IN THE OFFICIAL dates:
PENALTY FOR VIOLATION Any NEWSPAPER; AND PROVIDING
person,firm, or corporation vio- AN EFFECTIVE DATE.
lating any of the terms and pro- SECTION 3.
visions of this ordinance shall PENALTY FOR VIOLATION Any
be deemed guilty of a misde- person,firm,or corporation vio-
meanor, and upon conviction lating any of the terms and pro-
thereof shall be fined in accord- visions of this ordinance shall 2 Insertion(s)
ance with Chapter 1, "General be deemed guilty of a misde-
Provisions," Section 1-12,"Gen- meanor, and upon conviction
eral Penalty," Euless Code of thereof shall be fined in accord- Published On:
Ordinances. Each such violation ance with Chapter 1, "General August 13, 2020,August 14, 2020
shall be deemed a separate of- Provisions,"Section 1-12,"Gen u g g
fense and shall be punishable as eral Penalty," Euless Code of
such hereunder. Ordinances. Each such violation
SECTION 4. shall be deemed a separate of-
PUBLICATION CLAUSE.The cap- fense and shall be punishable as
tion, penalty clause, and effec- such hereunder.
tive date clause of this ordi- SECTION 4.
nance shall be published in a PUBLICATION CLAUSE.The cap-
newspaper of general circulation tion, penalty clause, and effec-
in the City of Euless, in compli- tive date clause of this ordi-
ance with the provisions of Arti- nance shall be published in a
cle II, Section 12 of the Euless newspaper of general circulation
City Charter. in the City of Euless, in compli-
SECTION 5. ance with the provisions of Arti-
EFFECTIVE DATE. This ordi- cle ll, Section 12 of the Euless
nance shall be in full force and City Charter. /}
effect from and after its pas SECTION 5.
sage, as provided by the Euless EFFECTIVE DATE. This ordi-
City Charter and the laws of the nance shall be in full
force and
State of Texas. effect from and after its pas-
PRESENTED AND PASSED ON sage,as provided by the Euless
FIRST AND FINAL READING at City Charter and the laws of the (Principal Clerk)
a regular meeting of the Euless State of Texas.
City Council on August 11,2020, PRESENTED AND PASSED ON
by a vote of 7 ayes,0 nays,and FIRST AND FINAL READING at SUBSCRIBED AND SWORN TO
0 abstentions. a regular meeting of the Euless BEFORE ME,THIS 14th day of
City Council on August 11,2020, Y
by a vote of 7 ayes,0 nays,and y 0 abstentions. u ust in the year of 2020
g
I t
1
AMANDA DAWN GRISHAM
'•: *= My Notary ID#132031326
+" Exph%May 30,2023
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!