HomeMy WebLinkAbout2119 06-28-2016 ORDINANCE NO. 2119
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON J. P. HALFORD ADDITION, BLOCK D, LOT 7, 116 WEST
EULESS BOULEVARD FOR TIRE REPAIR SHOP; 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 June 7, 2016, in conjunction with Specific Use Permit Case No. 16-04- SUP,
and has rendered a recommendation to the City Council with respect to this case; and
WHEREAS, the City Council has conducted a public hearing on June 28, 2016,
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. Tire Repair Shop use as specifically described on the
Specific Use Permit Form (attached hereto and made a part hereof) shall be permitted
on J.P. Halford Addition, Block D, Lot 7, 116 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 June 28, 2016, by a vote of 6 ayes, 0 nays,
and 0 abstentions.
APPROVED:
Linda Martin, Mayor
ATTEST:
i utter, T•MC, City Secretary
4
APPROVED AS TO FORM:
(A)1 k C6----
Wayne Olson, City Attorney
Ordinance No. 2119, Page 2 of 3
THE
ES{CITY OF
,\,.._,,,
ORDINANCE NO. 2119
SPECIFIC USE PERMIT CASE #16-04-SUP
LAND USE: Tire Shop
LOCATION: J. P. Halford Addition, Block D, Lot 7
116 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):
a. The Specific Use Permit is tied to the Business Owner James Sosa; and,
b. The Specific Use Permit is tied to the Business Name: Hwy 10 Tire Shop; and,
c. 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 within the tires; and,
d. All repair of tires shall be conducted within the building or within the fenced area
behind the building; and,
e. Outdoor storage is prohibited in front of the building; and,
f. The auto repair services provided by this establishment are tire repair and wheel-related
repairs. Any other auto repair services are in violation of this Specific Use Permit; and,
g. The term of this Specific Use Permit shall be granted for a period of six (6) months in
order to gauge the further appropriateness of the use at the specific location. At the end
of this six month period the City Council shall determine whether to renew or extend
the Specific Use Permit; 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.
i. Upon revocation or expiration of the Specific Use Permit, all uses permitted hereunder
shall cease.
Considered by Planning and Zoning Commission:
DATE OF ACTION: June 7, 2016
[ 1.sapproval denial
X I[ /i��s {
` Signature of P &Z Ch rman
Considered by City Council:
DATE OF ACTION: June 28, 201166 '
L"Japproval denial
ignature of Mayo
Ordinance No. 2119, Page 3 of 3
INVOICE
Star-Telegram Customer ID: CITO9
808 Throckmorton St. Invoice Number: 338122351
FORT WORTH,TX 76102
CSO
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(817)390-7761 Invoice Date: 7/2/2016
Federal Tax ID 26-2674582 REQUISITION Terms: Net due in 21 days
L Due Date: 7/31/2016
Bill To:
CITY OF EULESS ACCOUNTS PAYAB JUL 19 2016 PO Number:
201 N ECTOR DR Order Number: 33812235
EULESS, TX 76039-3543 REQUESTED Sales Rep: 047
Description: CITY OF EULESS 0
Attn:Attn: ACCOUNTS . PAYABLE Publication Dates: 7/1/2016 -7/2/2016
Description Location Col Depth Linage MU Rate Amount
CITY OF EULESS ORDINANCE NO. 2 I3580 1 40 40 LINE $8.22 $657.80
Sales Discount ($634.00)
Misc Fee $10.00
RECEIVED'
JUL 18 2016 �- Net mount._ — — __ _ $33.80
,,,,,,,
t "� DEBORAH JEAN BAYLOR
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14%Ars Notary Public,State of Texas
CITY OF EULESS i +�6° MyCammisslonExpires
County of Tarrant FINANCE DEPT. •0,f,,,,r,;;+° October 29, 2019
Before me,a Notary Public in and for said County and State, this day personally appeared Christy Holland,Bids eb Legal Coordinator
for the Star-Telegram,pub fished 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 advertisement was published in the above named paper on the listed dates:
BIDS d'LEGALS DEPT Star-Telegram.0 SUBSCRIBED AND SWORNTO BEFORE ME,
THIS DAY OF 741L9' /a 2016
signed A�
NOT-A PUBLICA42iNG �
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CITO9
P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN
FORT WORTH, TX 76101-2051 Invoice Number: 338122351
Invoice Amount: $33.80
PO Number:
Amount Enclosed: $ I
Oftiginal S ko CSO
CITY OF EULESS
ORDINANCE NO. 2119
AN ORDINANCE AUTHORIZING THE
ISSUANCE OF A SPECIFIC USE
PERMIT ON J. P. HALFORD AD-
DITION,BLOCK D,LOT 7,116 WEST
EULESS BOULEVARD FOR TIRE
REPAIR SHOP; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVID-
ING A PENALTY FOR VIOLATION;
PROVIDING FOR PUBLICATION IN
THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE.
SECTION 3.
PENALTY CLAUSE.Any person,firm
or corporation violating any of the
terms and provisions of this ordi-
nance shall be deemed guilty of a
misdemeanor and, upon conviction
thereof,shall be fined in accordance
with Chapter 1,Section 1-12,Euless
Code of Ordinances. Each such
violation shall be deemed a separate
offense and shall be punishable as
such hereunder.
SECTION 4.
PUBLICATION.The City Secretary of
the City of Euless is hereby directed
to publish the caption, penalty
clause and effective date of this
ordinance in the official newspaper
of the City of Euless, as required
by Section 12 of Article II of the
Charter of the City of Euless.
PRESENTED AND PASSED ON FIRST
AND FINAL READING at a regular
meeting of the Euless City Council
on June 28, 2016, by a vote of 6
ayes, 0 nays and 0 abstentions.