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HomeMy WebLinkAbout2313 08-22-2022ORDINANCE NO. 2313 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT FOR A GENERAL AUTOMOTIVE REPAIR SHOP IN THE TEXAS HIGHWAY 10 MULTI -USE (TX-10) ZONING DISTRICT LOCATED AT CRESTHAVEN ADDITION, BLOCK 1, LOT Al, 1511 WEST EULESS BOULEVARD; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on July 19, 2022, in conjunction with Specific Use Permit Case No. 22-07-SUP, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, City Council has conducted a public hearing on August 22, 2022, 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: 9+*OYi1071,SI ALLOWED USES. A general automotive repair shop and conditions as specifically described on the Specific Use Form and within Attachment "A" (attached hereto and made a part hereof) shall be permitted at Cresthaven Addition, Block 1; Lot Al, 1511 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 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 22, 2022, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Lin a Martin, Mayor ATTEST: Ki Sutter, TRMC, CMC, City Secretary (P"PRO\)EvDS TO FORM: aite, ty Attorney Ordinance No. 2313, Page 2 of 5 ATTACHMENT "A" City Of Euless Specific Use Permit 22-3000007/ Amended- Euless Auto Shop June -�2_�3,2022 RE: 1511 W. Euless Blvd, Euless, TX 76040 To whom it may concern: We are planning to open a mechanic shop at 1511 W. Euless Blvd, Euless, TX 76040. At present we anticipate 5 employees and work hours from Monday through Saturday, from 8AM to 6PM CST. All vehicle repair work to be performed inside of bays. Additional storage of tires, wheels, some supplies, and customer cars (pre and post work), to be stored in outside rear of building under structural steel roofing canopies and behind steel fence obscured from public view and right of way of Highway 10. Specific activities to be performed: Scheduled vehicle maintenance: oil and fluid changes, A/C inspection Wheel/tire alignments Tire and wheel repair / replacement for cars and trucks / SUV's. Replace sensors and components Muffler removal and repair and / or replacement inside building bay. Brake repair/replacement Oil changes State Inspections Filter changes Computer diagnostics A/C Diagnosis and repairs Battery and electrical diagnosis and repairs Towing for customers only for emergency pickup — not for hire; all vehicles will be stored behind building fence out view of public right of way or inside building repair bays. Material such as waste oil, coolants and flammable material to be stored outside in rear covered area in approved containers such as totes to comply with environmental regulations. Waste oil and coolant to be removed and processed by licensed 3`d party waste removal firm. Knox box for Fire / Emergency Use Only; near Bldg entrance. Raad Alatuless Auto Shop N3, Ordinance No, Page 3 of 5 ORDINANCE NO. 2313 SPECIFIC USE PERMIT CASE # 22-07-SUP LAND USE: EULESS AUTO SHOP LOCATION: 1511 WEST EULESS BLVD 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, Euless Auto Shop; and 2) The Specific Use Permit is tied to the business owner, Raad Alatabi; and 3) The specific automotive services permitted by the Specific Use Permit are those identified on the attached amended application 22-07-SUP (Attachment "A"), dated June 23, 2022 and signed by the business owner and property owner; and 4) All repair of vehicles will be conducted inside existing bays. No work is to be conducted exterior to the building; and 5) All car parts stored on -site, whether new or used, shall be stored in a manner that is screened from public view from the right-of-way or shall be stored interior to the building. All tires shall be stored so as to not collect rainwater; and 6) Outdoor storage of vehicles or merchandise is not permitted within the view of the public right-of-way; and 7) 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: July 19, 2 2 j approval denial Signa , re Z. Ch 'rman Ordinance No. 2313, Page 4 of 5 ORDINANCE NO. 2313 SPECIFIC USE PERMIT CASE #22-07-SUP LAND USE: EULESS AUTO SHOP LOCATION: 1511 WEST EULESS BLVD 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. The Specific Use Permit is tied to the business name, Euless Auto Shop; b. The Specific Use Permit is tied to the business owner, Raad Alatabi; c. The specific automotive services permitted by the Specific Use Permit are those identified on the attached amended application 22-07-SUP (Attachment "A"), dated June 23, 2022 and signed by the business owner and property owner; d. All repair of vehicles will be conducted inside existing bays. No work is to be conducted exterior to the building; e. All car parts stored on -site, whether new or used, shall be stored in a manner that is screened from public view from the right-of-way or shall be stored interior to the building. All tires shall be stored so as to not collect rainwater; f. Outdoor storage of vehicles or merchandise is not permitted within the view of the public right-of-way; and g. 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: JULY 19, 2022 Considered by City Council: DATE OF ACTION: AUGUST 22, 2022 approval 0 denial gnature of Mayor _ ordinance No. 2313, Page 5 of 5 AFFIDAVIT OF PUBLICATION Account# Order Number Identification Order PO Amount Cols Depth 10663 309477 Print legal Ad - IPL0087242 $35.48 1 33 L Attention: Mike Lowry CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 ORDINANCE NO. 2313 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PER- MIT FOR A GENERAL AUTOMOTIVE REPAIR SHOP IN THE TEXAS HIGH- WAY 10 MULTI -USE (TX-10) ZONING DISTRICT LOCATED AT CRESTHAVEN ADDITION, BLOCK 1, LOT Al, 1511 WEST EULESS BOULEVARD; PROVID- ING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLA- TION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING FOR AN EFFECTIVE DATE. PENALTY FOR VIOLATION. Any per- son, 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," Eu- less Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on August 22, 2022, by a vote of 7 ayes, 0 nays, and 0 abstentions. IPL0087242 Aug 25-26 2022 ORDINANCE NO.2313 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PER- MIT FOR A GENERAL AUTOMOTIVE REPAIR SHOP IN THE TEXAS HIGH- WAY 10 MULTI -USE (TX-10) ZONING DISTRICT LOCATED AT CRESTHAVEN ADDITION, BLOCK 1, LOT Al, 1511 WEST EULESS BOULEVARD; PROVID- ING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLA- TION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING FOR AN EFFECTIVE DATE. PENALTY FOR VIOLATION. Any per- son, fine, 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," Eu- less Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on August 22, 2022, by a vote of 7 ayes, 0 nays, and 0 abstentions. IPL0087242 Aug 25-26 2022 AUG 3 1 2G21E P CITY OF EULESS 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: No. of Insertions: 2 Beginning Issue of: 08/25/2022 Ending Issue of: 08/26/2022 owhk_ 14"1 Sworn to anUsubscribed before met is 29th day o August in the year of 2022 5& 4?aaAd Notary Public in and for the state of Texas, residing in Dallas County n jA STUMrI 9= Km My Ndry ID 119170961 $• •, F_t�iet Otloba 23, 402Z 4 Extra charge for lost or duplicate affidavits. Legal document please do not destroyl