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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 BullEs ....._,. v\i"- 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 ---