HomeMy WebLinkAbout2152 04-25-2017 ORDINANCE NO. 2152
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON KITTY HOUSE ADDITION BLOCK 2, LOT 3, 1108
WESTPARK WAY FOR SPECIFIC SERVICE AUTOMOTIVE REPAIR;
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 April 4, 2017, in conjunction with Specific Use Permit Case No. 17-03-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 April 25, 2017,
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. Specific Service Automotive Repair uses as specifically
described on the Specific Use Permit Form (attached hereto and made a part hereof)
shall be permitted on Kitty House Addition Block 2, Lot 3, 1108 Westpark Way.
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 25, 2017, by a vote of 7 ayes, o nays,
and 0 abstentions.
APPROVED:
Linda Martin, Mayor
ATTE T:
• AIL " 7
Kim u er, TRMC, City Secretary
APPROVED AS TO FORM:
Wayne K. Olson, City Attorney
Ordinance No. 2152, Page 2 of 3
THE [ CITY OF
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ORDINANCE NO. 2157
SPECIFIC USE PERMIT CASE #17-03-SUP
LAND USE: Specific Service Automotive Repair
LOCATION: Kitty House Addition Block 2, Lot 3A
1108 Westpark Way
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 Property Owner: Fred Nehrke Jr;
2. The Specific Use Permit is tied to the Business Name: Nerkwest Tool LLC dba TLS Auto
Specialist;
3. All repair of vehicles, including but not limited to: tire repair, mechanical repair and maintenance
operations will be conducted within the building. No work will be conducted exterior to the
building;
4. Outdoor storage of vehicles or merchandise is not permitted within view of the public right-of-way;
5. 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 in the tires;
6. The services allowed at this facility are as follows: Bumper to bumper vehicle inspections; Oil and
Lube Services; Air/Cabin Filter services; fuel injection services; Fuel tank and fuel pump service
repairs; Power steering fluid services; Transmission fluid services; Brake fluid services; Tune up
services; Engine diagnosis; Transmission & driveline repairs; Engine Service & repairs; Front end
alignment service and repairs; Steering & suspension repairs; Engine and body electrical system
repairs; Brake system service and repairs; Air conditioning service and repair and Battery service
and repair. Auto Services no listed here are thereby 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: April 4, 2017
Iy approval denial
X.F4:71 /*6 6+I.a: 4 4,_4
Signature of P &Z airman
Considered by City Council:
DATE OF ACTION: �-��
approval denial
Signature o' MA or.
Ordinance No. 2152, Page 3 of3 ---