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Home My WebLink About2328 11-22-2022ORDINANCE NO. 2328 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 OAKWOOD TERRACE ADDITION, LOTS 13113 AND C1A, 301 WEST EULESS BOULEVARD; 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 November 1, 2022, in conjunction with Specific Use Permit Case No. 22-10-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 November 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: SECTION 1. ALLOWED USES. A general automotive repair shop and conditions as specifically described on the Specific Use Form and Attachment "A" (attached hereto and made a part hereof) shall be permitted at Oakwood Terrace Addition, Lots B1B and C1A, 301 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 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 November 22, 2022, by a vote of ayes, nays, and abstentions. APPROVED: i /,9 M711 • � ATTEST: i 7 Sutter, T C, CMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2328, Page 2 of 6 THEl IC1TY OF >> S ORDINANCE NO. SPECIFIC USE PERMIT CASE #22-10-SUP LAND USE: ATL TOTAL CAR CARE LOCATION: 301 WEST 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): a. The Specific Use Permit is tied to the business name, ATL Total Car Care; b. The Specific Use Permit is tied to the business owner, Ed Markwardt; c. The specific automotive services permitted by the Specific Use Permit are those identified on the attached amended application 22-10-SUP (Attachment "A"); d. All repair of vehicles shall be conducted inside existing bays. No work is to be conducted exterior to the building; e. All car parts, including tires, stored on -site, whether new or used, shall be stored interior to the building; f. Outdoor storage of vehicles or merchandise is prohibited; 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; NOVEMBER 1, 2022 approval 0 denial X Signature of P&Z Chairman T H E C I T Y O F c W -P qS ORDINANCE NO. 232$ SPECIFIC USE PERMIT CASE #22-10-SUP LAND USE: ATL TOTAL CAR CARE LOCATION: 301 WEST 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 name, ATL Total Car Care; 2) The Specific Use Permit is tied to the business owner, Ed Markwardt; 3) The specific automotive services permitted by the Specific Use Permit are those identified on the attached amended application 22-10=SUP (Attachment "A"); 4) All repair of vehicles shall be conducted inside existing bays. No work is to be conducted exterior to the building; 5) All car parts, including tires, stored on -site, whether new or used, shall be stored interior to the building; 6) Outdoor storage of vehicles or merchandise is prohibited; 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: NOVEMBER 1, 2022 Considered by City Council: DATE OF ACTION: NOVEMBER 22, 2022 Eapproval 0 denial ATTACHMENT A SCHEDULE I L * Engine Tune -Ups 2,* Engine Diagnostic Services 3,* inspect and replace oil 4." Inspect and replace air filters 5.* Inspect and replace PVC filters 6,* Inspect: and replace fuel filters 7." inspect and replace canister fliters 8.' Inspecr and replace transmission fluid, filters, and gaskets 9,* inspect and replace belts and hoses 10.* Inspect: and replace differential fluid 11.* Inspect and replace radiator fluid 12.* Repair air conditioning system and/or charge Freon 13.* Cleanse and repair fuel injection system 14.* Inspect, cleanse, repair, replace, and rebuild carburetor as necessary 15.* Inspect and replace 0, sensors 10 Inspect and replace other sensors and other computer components 17,* Inspect and replace distributor vacuum advance 18.* Inspect and replace choke pull offs 19,* Inspect: and replace EGR valves 20,* Brake inspection, repair, replacement, and maintenance (e,g. clean and adjust) services 2.1,* inspect and replace distributor cap 22.* Inspect and replace distributor rotor 23,* Inspect: and replace wires 24.* Inspect and replace CV joints and boots 25 * Inspect, repair, and replace water pumps, fuel pumps, and valve covergaskets 26,*' Emissions/exhaust repair, replacement and testing services 27,* Shock, struts, and wheel alignment services 28.* Tires, Wheels, and Accessories 20." There will be no sale, repair or replacement of any transmissions or engines at this location Ordinance No. 2328, Page 5 of 6 List of Services Continued We would like approval for motorcycle repair to be added to Schedule 1(list of services) Expected Employee's to he Hired ATL 'total Car Care is expecting to have 7-8 Employee's to work at shop. Hours of Operation Monday through Friday ... 8AM — 7PM Saturday 8AM - SPM Closed on Sunday Ordinance No. 2328, Page 6 of 6 AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 10663 352036 Print Legal Ad-IPL00998360 - IPL0099836 $41.42 1 38 L Attention: Mike Lowry CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 ---------------------------------------------------------------------------- ORDINANCE NO. 2328 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 OAKWOOD TERRACE ADDITION, LOTS 81B AND C1A, 301 WEST EULESS BOULE- VARD; PROVIDING FOR A SEVER - ABILITY CLAUSE; PROVIDING A PEN- ALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING 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. 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 November 22, 2022. IPLo099836 Nov 25,27 2022 THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Stefani Beard, 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: 11/25/2022 Ending Issue of: 11/27/2022 Sworn to an su scri e e ore me t 1is 28t ay o November in the year of 2022 Notary Public in and for the state of Texas, residing in Dallas County =f STEPMIIE HATCHER �= My Notar, 10 # ln5yA% _ Mk,,•b: Expires January 14, 2026 Extra charge for lost or duplicate affidavits. Legal document please do not destroyl