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Home My WebLink About2273 03-23-2021 ORDINANCE NO. 2273 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON SH10 BUSINESS CENTER, BLOCK A, LOT 2, 1361 WEST EULESS BOULEVARD, SUITES 106 AND 108 FOR A GENERAL MOTORCYCLE REPAIR FACILITY; 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 March 2, 2021, in conjunction with Specific Use Permit Case No. 21-02-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 March 23, 2021, 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 General Motorcycle Repair Facility and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) shall be permitted on SH10 Business Center, Block A, Lot 2, 1361 West Euless Boulevard, Suites 106 and 108. 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 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 March 23, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: L ,a Martin, May r ATTEST: 1 - iril Suttee.TRMC, CMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2273, Page 2 of 4 THE [ CITY OF BuE -Ess ORDINANCE NO. 2273 SPECIFIC USE PERMIT CASE #21-02-SUP LAND USE: GENERAL MOTORCYCLE REPAIR FACILITY LOCATION: 1361 W. EULESS BOULEVARD, SUITES 106 AND 108 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 name: Big Nasty Performance & Service, LLC; 2) The Specific Use Permit is tied to the Business Owner, Dylan Erwin; 3) All repair of vehicles, including but not limited to: mechanical repair and maintenance operations will be conducted within the building. No work will be conducted exterior to the building; 4) Outdoor storage of vehicles or exterior display of merchandise, including tires are not permitted; 5) 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; 6) The services allowed at this facility are as follows: Sales and installation of parts for Harley Davidson motorcycles, Scheduled maintenance service, Oil Changes, Brakes/Tires, Motor Builds, Troubleshooting, Accessories, and Detailing. Auto/Motorcycle services not listed here are thereby prohibited; 7) No more than thirty (30) gallons of gasoline will be allowed within the permitted suites at a time; and 8) 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. Considered by Planning and Zoning Commission: DATE OF ACTION: MARCH 2, 2021 t_.7" approval denial Signature o Z Chair Ordinance No. 2273, Page 3 of 4 THE CITY OF ORDINANCE NO. 2273 SPECIFIC USE PERMIT CASE #21-02-SUP LAND USE: GENERAL MOTORCYCLE REPAIR FACILITY LOCATION: 1361 W. EULESS BOULEVARD, SUITES 106 AND 108 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 name: Big Nasty Performance & Service, LLC; 2) The Specific Use Permit is tied to the Business Owner, Dylan Erwin; 3) All repair of vehicles, including but not limited to: mechanical repair and maintenance operations will be conducted within the building. No work will be conducted exterior to the building; 4) Outdoor storage of vehicles or exterior display of merchandise, including tires are not permitted; 5) 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; 6) The services allowed at this facility are as follows: Sales and installation of parts for Harley Davidson motorcycles, Scheduled maintenance service, Oil Changes, Brakes/Tires, Motor Builds, Troubleshooting, Accessories, and Detailing. Auto/Motorcycle services not listed here are thereby prohibited; 7) No more than thirty (30) gallons of gasoline will be allowed within the permitted suites at a time; and 8) 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. Considered by Planning and Zoning Commission: DATE OF ACTION: MARCH 2, 2021 ma approval denial Considered by City Council: DATE OF ACTION: MARCH 23, 2021 I-J approval denial X ignature of M Ordinance No. 2273, Page 4 of 4 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 10663 33003 Print Legal Ad - IPL0016376 $39.56 1 4.81 CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 Attention:Mike Lowry Extra charge for lost or duplicate affidavits. Legal document please do not destroy! Sworn to and subscribed before me this 9th day of April in the year of 2021 Notary Public in and for the state of Texas, residing in Dallas County No. of Insertions:2 Beginning Issue of:03/25/2021 Ending Issue of:03/26/2021 THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Amanda Grisham, 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: