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HomeMy WebLinkAbout2220 04-23-2019 ORDINANCE NO. 2220 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON CENTURY PLAZA ADDITION, BLOCK 1, LOT 2, 103 EAST HARWOOD ROAD FOR AN AUTO SERVICES USE; 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 2, 2019, in conjunction with Specific Use Permit Case No. 19-03-SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on April 23, 2019, 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. An Auto Services use and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) and specifically described in Exhibit A shall be permitted on Century Plaza Addition, Block 1, Lot 2, 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," 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 23, 2019, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: Lin'ea Martin, Mayor ATTEST: �L Kin)/Sutter, TRMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2220, Page 2 of 6 T H E M C I T Y O F C _ L I E� S '7� ORDINANCE NO. 2220 SPECIFIC USE PERMIT CASE #19-03-SUP LAND USE: Auto Services 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 Property Owner: DFW Lube Ventures LLC; 2) The Specific Use Permit is tied to the Business Names: America's Oil Change and Auto Repair; 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 the view of the public right of way; 5) The services allowed at this facility are as follows: oil changes, state inspections, air and cabin filters, wipers, flush services — brake, power steering and coolant, brakes, shocks/struts, air conditioning and heater components, alignments, new tires, engine diagnostics, fluid leaks —gaskets and seals, tune-ups, timing belts, CV axles/axles, suspension components and electrical diagnostics and bulbs. Auto services not listed here are thereby prohibited; 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: April 2, 2019 10 approval =denial X t Sig ature of P&Z Chairman Ordinance No. 2220, Page 3 of 6 T H E M C I T Y O F E,�U_ L E) S ,7j- v ORDINANCE NO. 2220 SPECIFIC USE PERMIT CASE #19-03-SUP LAND USE: Auto Services 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 Property Owner: DFW Lube Ventures LLC; 2) The Specific Use Permit is tied to the Business Names: America's Oil Change and Auto Repair; 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 the view of the public right of way; 5) The services allowed at this facility are as follows: oil changes, state inspections, air and cabin filters, wipers, flush services — brake, power steering and coolant, brakes, shocks/struts, air conditioning and heater components, alignments, new tires, engine diagnostics, fluid leaks —gaskets and seals, tune-ups, timing belts, CV axles/axles, suspension components and electrical diagnostics and bulbs. Auto services not listed here are thereby prohibited; 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: April 2, 2019 [Vlapproval denial Considered by City Council: (� DATE OF ACTION: April 23, 2019 l y �approval Odenial gnature of Mayor Ordinance No. 2220, Page 4 of 6 c % -- F^ 3.8 R'a$ h61 Y 811 2 .aAlhs = s@? Al.i fi W z°i a - 1 hs f° 5 S 1 iu-55 3- rY g$ SFr c 6 O ,^r s 8i 60 Yo h 41 .$ $h-aB xG0°5 = 'i' ag 'c Efiabb 6€$gffi 5 " got V1 . 7Y ppfi N y il r s F' h- .4 B$ri fag b it f^555 mg t h p$" a F°h S v o„g4 61 g $1 ss5. sac_ €k 8F both of yigo i SAi s S"F Isif: 3- Y$ 8 p$ Yap°ia 3 $ByY 0 se3 ggfa8. a mein g„ 6s .R' =sE E 3 s ?a a„ gg h_g a 8 Y¢ig 6E sp i° E gg m! m ,1I r 14 Y Mega6" 1i q1 Wi hfi - F - E hR £ gk C s$ $ a Sid a Yj 8 y d o 8a Si- 5&g . i 8 i s S lit § g gE, Sxa as i. 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FOR AN AUTO SERVICES USE; FOR AN AUTO SERVICES USE; after being duly sworn, did depose PROVIDING FOR A PROVIDING FOR A VENERABILITY CLAUSE; PRO- SEVERABILITY CLAUSE; PRO- and saythat the attached clippingof TIDING A PENALTY FOR VIOLA- VIDING A PENALTY FOR VIOLA- CATION IN THE OFFICIAL PROVIDING FOR PUBLI- TION; PROVIDING FOR PUBLI. an advertisement was published In VIOLA- CATION NEWSPAPER; AND PROVIDING CATION IN THE OFFICIALNEWSPAPER; AND PROVIDING the above named paper on the listed AN EFFECTIVE DATE. AN EFFECTIVE DATE.SECTION 3. dates: PENALTY FOR VIOLATION. Any SECTION 3. person,firm, or corporation vio- PENALTY FOR VIOLATION. Any lating any of the terms and pro- person,firm,or corporation vio- visions of this ordinance shall lating any of the terms and pro- be deemed guilty of a misde- visions of this ordinance shall meanor, and upon conviction be deemed guilty of a misde- 2 thereof shall be fined in accord- meanor, and upon conviction Insertion(S) ante with Chapter 1, "General thereof shall be fined in accord- Provisions,"Section 1-12,"Gen- ante with Chapter 1, "General eral Penalty," Euless Code of Provisions,"Section 1-12,"Gen- Published Om Ordinances. Each such violation eral Penalty," Euless Code of April 26,2019,April 27,2019 shall be deemed a separate of- Ordinances. Each such violation fense and shall be punishable as shall be deemed a separate of- SECTION 4. fense and shall be punishable as PUBLICATION CLAUSE. The City such hereunder. Secretary the City of Euless PUBLICATION SECTION is hereby diCLAUSE. The Citrected to publish in y the official newspaper of the Secretary of the City of Euless City of Euless, as required by is hereby directed to publish in Section 12 of Article II of the the official newspaper of the Charter of the City of Euless. City of Euless, as required by SECTION 5. Section 12 of Article II of the EFFECTIVE DATE. This ordinance Charter of the City of Euless. shall be in full force and effect SECTION 5. from and after its passage, as EFFECTIVE DATE. This ordinance provided by the Euless City shall be in full force and effect Charter and the laws of the from and after its passage, as State of Texas. provided by the Euless City PRESENTED AND PASSED ON Charter and the laws of the FIRST AND FINAL READING at State of Texas. a iregular meeting of the Euless PRESENTED AND PASSED ON FIRST AND FINAL READING at Cty Council on April 23, 2019, by a vote of 6 ayes,0 nays,and 0 abstentions. a regular meeting of the Euless (Principal Clerk) City Council on April 23, 2019, by a vote of 6 ayes,0 nays,and 0 abstentions. SUBSCRIBED AND SWORN TO BEFORE ME,THIS 29th day of April in the year of 2019 5-'P- ; LIZBETH AILELCORDEROotary Public- My Notary ID 8068Expires Janu2023 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!