HomeMy WebLinkAbout2339 02-14-2023ORDINANCE NO. 2339
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT FOR A GENERAL AUTOMOTIVE REPAIR SHOP IN THE
COMMUNITY BUSINESS (C-2) ZONING DISTRICT LOCATED AT 103
EAST HARWOOD ROAD; 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 January 17, 2023, in conjunction with Specific Use Permit Case No. 22-17-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 February 14, 2023,
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 (attached hereto and made a part hereof)
shall be permitted at 103 East Harwood Road.
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,"
J��
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 February 14, 2023, by a vote of 5 ayes,
0 nays, and 0 abstentions.
APPROVED:
L
Linda Martin, Mayor
ATTEST:
im utter, T MC, CMC, City Secretary
APPROVED AS TO FORM:
Dkov,,�—
Wayne Olson, City Attorney
Ordinance No. 2339, Page 2 of 4
'1-H E J�CITY Cr
L M)s
ORDINANCE NO. 2339
SPECIFIC USE PERMIT CASE #22-17-SUP
LAND USE: DFW Lube Ventures, LLC: dba Quik's Oil Change + Car Care
LOCATION: 103 E. Harwood Road
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, DFW Lube Ventures, LLC
dba Quik's Oil Change + Car Care;
2) The Specific Use Permit is tied to the business owner, Jordan Mosley;
3) There shall be no outdoor service or repair to any vehicle;
4) There shall be no outdoor storage of vehicles, car parts, or merchandise;
5) There shall be no on -site major mechanical or auto body work performed on any
vehicle; and
6) 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: January 17, 2023 � approval � denial
X_
Signature of P&Z Chairman
Ordinance No. 2339, Page 3 of 4
ORDINANCE NO. 2339
SPECIFIC USE PERMIT CASE # 22-17-SUP
LAND USE: DFW Lube Ventures, LLC dba Quik's Oil Change + Car Care
LOCATION: 103 E. Harwood Road
This permit is valid only for the property and use listed above and then ONLY in accordance with the
following documents and%r conditions:
CONDITIONS (INCLUDING DATES):
1) The Specific Use Permit is tied to the business name, DFW Lube Ventures, LLC dba
Quik's Oil Change + Car Care;
2) The Specific Use Permit is tied to the business owner, Jordan Mosley;
3) There shall be no outdoor service or repair to any vehicle;
4) There shall be no outdoor storage of vehicles, car parts, or merchandise;
5) There shall be no on -site major mechanical or auto body work performed on any vehicle; and
6) 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 Cornmissien:
DATE OF ACTION: January 17, 2023
Considered by City Council:
DATE OF ACTION: February 14, 2023 _ approval denial
X ro-Iem
Signature of Mayor
finance No. 2339, FaGE� o
AFFIDAVIT OF PUBLICATION
Account #Order Number Identification Order PO Amount Cols Depth
10663 384114 Print Legal Ad-IPL01101120 - IPL0110112 $35.48 1 33 L
Mike LowryAttention:
CITY OF EULESS
201 N ECTOR DR
EULESS, TX 760393543
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:
2 insertion(s) published on:
02/16/23, 02/17/23
Sworn to and subscribed before me this 17th day of
February in the year of 2023
Notary Public in and for the state of Texas, residing in
Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!
ORDINANCE NO. 2342
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 AT ST.
MICHAEL'S SUBDIVISION, BLOCK A, LOT 6, LOCATED AT 2740 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 March 21, 2023, in conjunction with Specific Use Permit Case No. 23-02-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 April 11, 2023, 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 (attached hereto and made a part hereof)
shall be permitted at St. Michael's Subdivision, Block A, Lot 6, located at 2740 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 April 11, 2023, by a vote of 7 ayes, 0 nays,
and 0 abstentions.
APPROVED:
�. •
ATTEST:;
i, Sutter; TRMC, CMC, City Secretary
Chief Governance Officer
APPROVED AS TO FORM:
Wayne Olson, City Attorney
Ordinance No. 2342, Page 2 of 4
ORDINANCE NO. 2342
SPECIFIC USE PERMIT CASE #23-02-SUP
LAND USE: KH Group, Inc. dba Oil & Auto+
LOCATION: 2740 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 name, KH Group, Inc. dba Oil
& Auto+;
2) The Specific Use Permit is tied to the business owner, Moe Kisar;
3) There shall be no outdoor service or repair to any vehicle;
4) There shall be no outdoor storage of vehicles, car parts, or merchandise, to
include the fire lane;
5) There shall be no on -site major mechanical or auto body work performed on
any vehicle; and
6) 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 21, 2023 t7—/ approval El denial
Signature of P&Z Chairman
Ordinance No. 2342, Page 3 of 4
THEl ICITY OF
ESS
ORDINANCE NO. 2342
SPECIFIC USE PERMIT CASE #23-02-SUP
LAND USE: KH GROUP, INC. DBA OIL & AUTO+
LOCATION: 2740 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, KH Group, Inc. dba Oil & Auto+;
2) The Specific Use Permit is tied to the business owner, Moe Kisar;
3) There shall be no outdoor service or repair to any vehicle;
4) There shall be no outdoor storage of vehicles, car parts, or merchandise, to include the
fire lane;
5) There shall be no on -site major mechanical or auto body work performed on any vehicle; and
6) 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 21, 2023
Considered by City Council: II��
DATE OF ACTION: April 11, 2023� approval u denial
Ordinance No. 2342, Page 4 of 4