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Home My WebLink About1982 01-22-2013 ORDINANCE NO. 1982 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON OAKWOOD TERRACE ADDITION, BLOCK 1, LOTS A41R AND A42R, 407 W. EULESS BOULEVARD FOR AUTOMOTIVE REPAIR AND TIRE SHOP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, the City of Euless has adopted a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; WHEREAS, the Planning and Zoning Commission has conducted a public hearing on December 18, 2012, in conjunction with Specific Use Permit Case No. 12- 11-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 22, 2013, 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; and WHEREAS, all requirements of law dealing with notice to other property owners, publication and all procedural requirements have been complied with in accordance with Chapter 211 of the Texas Local Government Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1. ALLOWED USES THAT Automotive Repair and Tire Shop uses as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof) and on Exhibit "A" (attached hereto and made a part hereof), shall be permitted on Oakwood Terrace Addition, Block 1, Lot A41 R and A42R, 407 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. 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, 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 22, 2013, by a vote of 6 ayes, o nays, and o abstentions. APPROVED: ATTEST: Mary Lib`)Saleh, Mayor Kim Sutter, TRMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 1982, Page 2 of 5 T H E C I T Y O F EuLEss ORDINANCE NO. 1982 SPECIFIC USE PERMIT CASE #12-11-SUP LAND USE: AUTOMOTIVE REPAIR AND TIRE SHOP LOCATION (property address): 407 W EULESS BOULEVARD (legal description): OAKWOOD TERRACE ADDITION BLOCK 1, LOT A41R & A42R 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, Mr.Alaa Altufaila; 2) The Specific Use Permit is tied to the business name State Inspection and Tires Shop; 3) The specific automotive services that are permitted to be performed include: tire service, exhaust system service, light auto repair and maintenance, and state inspections(no other general or heavy auto repair services are permitted); 4) 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 in the tires; 5) All repair of vehicles, including but not limited to:tire repair, mechanical repair and maintenance operations will be conducted within the building; 6) Outdoor storage of vehicles or merchandise is not permitted within view of the public right-of-way; 7) All proposed landscaping shall be installed prior to the issuance of a Certificate of Occupancy; 8) The term of this Specific Use Permit shall be granted for a period of one year in order to gauge the further appropriateness of the use at the specific location; 9) 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; 10) Pavement failures within the parking and driving areas of the property shall be repaired and properly maintained; 11) The vehicle lifts located exterior to the structure shall be removed from the property. No new lifts may be installed exterior to the building; and 12) The posts supporting the canopy in front of the primary structure shall be encased in a masonry stone or brick product which architecturally complements and enhances the appearance of the primary structure. Considered by Planning and Zoning Commission: DATE OF ACTION: Decem er 18, 2012 approval denial X / mot - Si nature of P Z an . 9 Considered by City Council: DATE OF ACTION: January 22, 2013 ✓ approval denial X 4 ,_)/14-4J Signature of Mayor Ordinance No. 1982, Page 3 of 5 2 01 U.Fctor llri,c,1 t l , fexa,;76039-;595 S17/h5-11110 •Metro 17/267-4103 •Fat`117/(85-141( N L■N'.Ci.rulCY,AV LI, 19011811"A" OESCRIPTM OF PROPERTY ADORESI: 407 W. EULESS BLVD. EUIfSS, TX 760,10 COUNTY: TARRANT PARCELISS 65190710 05100659 LEGAL DESCRIPTION: OANWOOD TERRACE ADOT4EUlF.SS BLK 1 LOT MIR & SLK I LOT M2R BUILDING IRE: 2.233 SQUARE FEET LAND SQE: 15.551 SQUARE FEET OR 04260 ACRES 40 tv f Automotive Uses: treservice, exhaust system seMce, light auto mpalcand maintenance to Ihouse oil and other fluid change, and state Inspections. Cobol No 1982, Page 4 of \j VINE STREE1� 1 I 1-< • a -o .v b H Z z 00 z CV CO -- O x rT I J ! •TIRE SHELF c ° BAY 1-TIRE SERVICE x y N rri T ' up --3 , , c-16: rr' O BAY 2-EXHAUST SERVICE tii up T c C o BAY 3-LIGHT AUTO REPAIR o CI o \ 'Z'� t (I' Z m O v 8 A 4-STATE INSPECTION N o , x o x dgaHS 31111, m z � C) 0° `RECFTVFD SEP 27 2012 - fLEcOP\ Ordinance No. 1982, Page 5 of 5