HomeMy WebLinkAbout2051 12-09-2014 ORDINANCE NO. 2051
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON KITTY HOUSE ADDTION, BLOCK 2, LOT 3, 1108
WESTPARK WAY FOR SPECIFIC SERVICE AUTOMOTIVE REPAIR;
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 December 2, 2014, in conjunction with Specific Use Permit Case No. 14-15-
SUP, and has rendered a recommendation to the City Council with respect to this case;
WHEREAS, City Council has conducted a public hearing on December 9, 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1.
ALLOWED USES
THAT Specific Service Automotive Repair uses as specifically described on the
Specific Use Permit Form (attached hereto and made a part hereof shall be permitted
on Kitty House Addition, Block 2, Lot 3, 1108 Westpark Way.
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 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 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 December 9, 2014, by a vote of 6 ayes,
0 nays, and 0 abstentions.
APPROVED:
Linda Martin, Mayor
ATTE
AP
K. Sutter, TRMC, City Secretary
APPROVED AS TO tt)1
Wayne Olson, City Attorney
Ordinance No. 2051, Page 2 of 3
THE rt.
CITY O F
Eu LEs s
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ORDINANCE NO. 2051
SPECIFIC USE PERMIT CASE #14-15-SUP
LAND USE: Specific Service Automotive Repair
LOCATION: Kitty House Addition, Block 2, Lot 3
1108 Westpark Way
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):
a. Tied to the business owner, Fred Nehrke Jr; and,
b. Tied to the business name, Nerkwest Tool LLC dba TLS Auto Specialist; and,
c. All repair of vehicles, including but not limited to: tire repair, mechanical repair and
maintenance operations will be conducted within the building. No work will be conducted
exterior to the building; and,
d. Outdoor storage of vehicles or merchandise is not permitted within view of the public
right-of-way; and,
e. 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,
f. The services allowed at this facility are as follows: Bumper to bumper vehicle inspections;
Oil and Lube Services; Air/Cabin Filter services; fuel injection services; Fuel tank and fuel
pump service repairs; Emission component service and repair; coolant system repairs;
Power steering fluid services; Transmission fluid services; Brake fluid services; Tune up
services; Engine diagnosis; Transmission & driveline repairs; Engine Service & repairs;
Front end alignment service and repairs; Steering & suspension repairs; Engine and body
electrical system repairs; Brake system service and repairs; Air conditioning service and
repair and Battery service and repair. Auto Services not listed here are thereby
prohibited; and,
g. 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 this specific location; and,
h. 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: December 2, 2014
approval denial
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Signature of P &Zn
Considered by City Council:
DATE OF ACTION: December 9, 2014
approval denial
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Signature o' ■ .
Ordinance No. 2051, Page 3 of 3