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HomeMy WebLinkAbout2340 02-14-2023ORDINANCE NO. 2340 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 CASA BONITA ADDITION, BLOCK 1, LOT 2, 209 WEST AIRPORT FREEWAY; 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. 22-18-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 Casa Bonita Addition, Block 1, Lot 2, 209 West Airport Freeway. 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. 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 February 14, 2023, by a vote of _5 ayes, 0 nays, and oabstentions. APPROVED: -A Linda Martin, Mayor ATTEST: KiV Sutter, f RMC, CMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2340, Page 2 of 4 TH E —tCITY CF 1 S S ORDINANCE NO. 2340 _ SPECIFIC USE PERMIT CASE # 22-18-SUP LAND USE: GB Auto Service dba Driver's Edge LOCATION: 209 W. Airport Freeway 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, GB Auto Service, Inc. dba Driver's Edge; 2) The Specific Use Permit is tied to the business owner, David Scheve; 3) All repair and service to vehicles will be conducted within the building. No work will be conducted exterior to the building; 4) All vehicles, car parts, or merchandise shall be stored interior to the building so as to not allow the collection of rainwater, or shall be screened from public view by a solid fence; 5) Fencing shall be maintained for the purpose of completely screening any outdoor storage of vehicles, car parts, or merchandise; 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 pproval L-1 denial X Signature of P&Z Chairman ur finance No.=TOT Page 3 of 4 T H E[ IC I T Y O F ORDINANCE NO. 2340 SPECIFIC USE PERMIT CASE # 22-18-SUP LAND USE: GB Auto Service dba Driver's Edge LOCATION: 209 W. Airport Freeway 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, GB Auto Service, Inc. dba Driver's Edge; 2) The Specific Use Permit is tied to the business owner, David Scheve; 3) All repair and service to vehicles will be conducted within the building. No work will be conducted exterior to the building; 4) All vehicles, car parts, or merchandise shall be stored interior to the building so as to not allow the collection of rainwater, or shall be screened from public view by a solid fence; 5) Fencing shall be maintained for the purpose of completely screening any outdoor storage of vehicles, car parts, or merchandise; 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 Considered by City Council: DATE OF ACTION: February 14, 2023 approval 0 denial X � Signature of Mayor Vro Tem Ordinance o . 2340, Page 4 of 4 AFFIDAVIT OF PUBLICATION Account #Order Number Identification Order PO Amount Cols Depth 10663 384119 Print Legal Ad-IPL01101160 - IPL0110116 $36.20 1 34 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!