HomeMy WebLinkAbout2031 05-27-2014 ORDINANCE NO. 2031
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON OAKWOOD TERRACE ADDITION, BLOCK 1, LOTS A41R
AND A42R, 407 WEST EULESS BOULEVARD FOR AUTOMOTIVE
REPAIR AND TIRE SHOP; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING
FOR A PUBLICATION IN THE OFFICIAL NEWSPAPER; AND AN
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 May 6, 2014, in conjunction with Specific Use Permit Case No. 14-06-SUP,
and has rendered a recommendation to the City Council with respect to this case;
WHEREAS, City Council has conducted a public hearing on May 27, 2014, 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;
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 A41R and A42R, 407 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 deemed a separate offense and shall be punishable as such hereunder.
SECTION 4.
PUBLICATION. The caption, penalty clause, and effective date 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 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 on May 27, 2014, by a vote of 7 ayes, 0 nays,
and 0 abstentions.
APPROVED: ATTEST:
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L la a in, Mayor im 'utter, TRMC, City Secretary
APPROVED AS TO FORM:
Wayne Olson, City Attorney
Ordinance No. 2031, Page 2 of 5
THE [CiTY OF
ORDINANCE NO. 2031
SPECIFIC USE PERMIT CASE #14-06-SUP
LAND USE: Automotive Repair and Tire Shop
LOCATION:
(legal description): Oakwood Terrace Addition, Block 1, Lots A41R and A42R
(property address): 407 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. The Specific Use Permit is tied to the business owner, Mr. Alaa Al-Tufaila; and,
2. The Specific Use Permit is tied to the business name State Inspection and Tires
Shop; and,
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); and,
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; and,
5. All repair of vehicles, including but not limited to: tire repair, mechanical repair
and maintenance operations will be conducted within the building; and,
6. Outdoor storage of vehicles or merchandise is not permitted within view of the
public right-of-way; and,
7. 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;
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: May 6, 2014
approval denial
X „4.
Signature of P &Z C airman
Considered by City Council:
DATE OF ACTION: May 27, 2014
Japproval denial
igria ure of ayo
Ordinance No. 2031, Page 3 of 5
E%XIBIT'R"
DESCRIPTNNI OF PROPERTY
ADDRESS:
40]W EULESS BLVD.
EUIESB, IM 76"0
CWM:
TARRANT
PARCEL1Sp
06]90]10
05]00889
LEGAL DESCRIRDON:
OAKWOOD TEPRACE ADON£ULES6
BLK 1 LOT MI & BLK I LOT M2R
BUILDING WE:
2,233 SQUARE FEET
LAND BIZE:
18.557 SQUARE MEIp OR 0.4280 ACRES
Autxmlive U sea tire service, exhaust system service, light auto repair and
maintenance to include oil and other fluid change, and state Inspections.
( inance No 2031, Page 4 o/5
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Ordinance No. 2031, Page 5 of 5