ORDINANCE NO 2011 016 15

ZONING CASE CU 005 11

AN ORDINANCE AMENDING ORDINANCE NO 0 2002 032 15 AS AMENDED THE ZONING ORDINANCE OF THE CITY OF HALTOM CITY TEXAS BY APPROVING A CONDITIONAL USE PERMIT FOR AN AUTO REPAIR FACILITY ON CERTAIN PROPERTY IN THE CITY OF HALTOM CITY PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES PROVIDING A SEVERABILITY CLAUSE PROVIDING A PENALTY FOR VIOLATIONS HEREOF PROVIDING A SAVINGS CLAUSE PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE

WHEREAS the City of Haltom City is a home rule city acting under its charter adopted by the electorate pursuant to Article XI Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code and

WHEREAS the City Council of the City of Haltom City heretofore adopted

Ordinance No 0 2002 032 15 as amended the Comprehensive Zoning Ordinance of the City of Haltom City which Ordinance regulates and restricts the location and use of buildings structures and land for trade industry residence and other purposes and provides for the establishment of zoning districts of such number shape and area as may be best suited to carry out these regulations and

WHEREAS the owner of property located on the east side of Solona Street containing approximately 342 acres of land locally known as 2220 Solona Street the

Property has requested zoning authority to have an Auto Repair Facility on said

property and

WHEREAS the Property is currently zoned M 2 Heavy Industrial District but

pursuant to Ordinance No 2006 014 15 Auto Repair Facilities are permitted in the M

Case No CU 005 11 Page 1 2 Heavy Industrial District zoning by Conditional Use Permit only and

WHEREAS the Planning and Zoning Commission of the City of Haltom City

Texas held a public hearing on August 9 2011 and the City Council of the City of

Haltom City Texas held a public hearing on August 22 2011 with respect to amending the M 2 Heavy Industrial District zoning by approving the Conditional Use Permit described herein and

WHEREAS the City has complied with all requirements of Chapter 211 of the

Local Government Code the Comprehensive Zoning Ordinance and all other laws dealing with notice publication and procedural requirements for the approval of a change in zoning by approving a Conditional Use Permit on the property

NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY

OF HALTOM CITY TEXAS THAT

SECTION 1

Ordinance No 0 2002 032 15 as amended is hereby amended to permit the following conditional use on the hereinafter described property and area as shown

below

Lot 4 Blk 13 of the Parkdale Gardens Addition located on the east side of Solona Street containing approximately 342 acres of land locally known as 2220 Solona Street in the M 2 Heavy Industrial District Haltom City Tarrant County Texas

An amendment to the Zoning Ordinance by approving a Conditional Use Permit to allow an Auto Repair Facility in the M 2 Heavy Industrial District as more fully described on the site plan shown in Exhibit A and Overview of the Permit Request in Exhibit B attached hereto and incorporated herein

Case No CU 005 11 Page 2 SECTION 2

The Conditional Use Permit as herein established has been made in accordance with a comprehensive plan for the purpose of promoting the health safety morals and general welfare of the community

SECTION 3

The official map of the City of Haltom City is amended and the City Secretary is directed to revise the official zoning map to reflect the approved Conditional Use Permit as set forth above

SECTION 4

The use of the property described above shall further be subject to all

restrictions terms and conditions contained in Exhibit A and Exhibit B as well as the applicable regulations contained in the Comprehensive Zoning Ordinance and all other applicable and pertinent ordinances of the City of Haltom City

SECTION 5

This Ordinance shall be cumulative of all provisions of ordinances and of the

Code of Ordinances of the City of Haltom City Texas 1998 as amended except when

the provisions of this Ordinance are in direct conflict with the provisions of such

ordinances and such code in which event the conflicting provisions of such ordinances

and such code are hereby repealed

SECTION 6

It is hereby declared to be the intention of the City Council that the sections

paragraphs sentences clauses and phrases of this Ordinance are severable and if

Case No CU 005 11 Page 3 any section paragraph sentence clause or phrase 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 sections paragraphs sentences clauses and phrases of this Ordinance since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional section paragraph sentence clause or phrase

SECTION 7

Any person firm or corporation who violates disobeys omits neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not more than Two Thousand Dollars 2 000 00 Each day that a violation is permitted to exist shall constitute a separate offense

SECTION 8

All rights and remedies of the City of Haltom City are expressly saved as to any and all violations of the provisions of Ordinance No 0 2002 032 15 or any ordinances

governing zoning that have accrued at the time of the effective date of this Ordinance

and as to such accrued violations and all pending litigation both civil and criminal

whether pending in court or not under such ordinances same shall not be affected by

this Ordinance but may be prosecuted until final disposition by the courts

SECTION 9

The City Secretary of the City of Haltom City is hereby directed to publish in the

official newspaper of the City of Haltom City the caption Section 1 penalty clause

publication clause and effective date clause of this Ordinance one 1 time within ten

Case No CU 005 11 Page 4 10 days after the first reading of this ordinance as required by Section 10 01 of the

Charter of the City of Haltom City

SECTION 10

This Ordinance shall be in full force and effect from and after the date of its passage and publication as required by law and it is so ordained

PASSED AND APPROVED ON FIRST READING THIS 22nd DAY OF August 2011

PASSED AND J N SECOND READ APPRca 1 l C IQ A Oi y 1111 A v 00 d I ll C

ATTEST I Y SEAL S

I J r d AM CA tg S City Secretary

Effective 52I 1 d O11

APPROVED AS TO FORM AND LEGALITY

J 01 City Attorney

Case No CU 005 11 Page 5 POGUE 8 v OODARD LAND SURVEYORS INC

THIS DRAwING IS A REPRESENTATION OF AN ACTUAL ON THE PROPERTY LOCATED GROUND SURVEY OF AT 2220 SOLONA STREET IN THE AND BEING CITY OF FORT wORTH TEXAS KNOWN AS LOT 4 IN BLOCK 13 TO OF PARK DALE GARDENS AN ADDITION THE CITY OF FORT wORTH TARRANT COUNTY ACCORDING TO THE MAP THEREOF RECOPRDED IN OR PLAT VOLUME 1607 PAGE 287 OF THE PLAT COUNTY TEXAS RECORDS OF TARRANT

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THE PLAT HEREDN IS A REPRE ENTATION OF THE AS DIMENSIONS PROPERTY DETERMINED BY ON OF SAID PROPERTY BEING THE GROUND SURVEY THE BUILDINGS AS INDICATED BY THE PLAT LINE AND ABOVE GROUND THE SIZE LOCATION AND TYPE IMPROVEMENTS ARE AS SHOW N OF ABOVE GROU THE BOUNDARIES or THE ALL ABOVE GROUND IMPROVEMENTS PROPERTY AS SHOW N BEING JITHIN EXCEPT AS SHOWN ON SURVEY THERE ARE NO ENCROACHMENTS OR ABOVE GROUND ABOVE GROUND PROTRUSIONS

This survey woos perFarllecl EL EXCLUSIfor and In connpctlon with the tro oI c nsnctfon scrlbpcl In Gf No POGUE WOODARD LAND Seo le 20 GV411 SURVEYORS INC U of m 510 n h n MARVIN LOVE FREEWAV g ll m nm m 12 I 11 I Us@ I Do tp 08 TltllCOMpany of this SurlY for o other or DALLAS TEXAS 75224 ny pur pOS by ony other pOortit s shatt be 0 strictly prohlbltld 5 this Survey 15 a 1 lONE o nfd by copyright 2141 176 3836 PllRur OOIlARUI ANOSUR YORS lnco 0 11 Job No 8294 and othpr uses arll 08 forbidden without orlnr wrl1t FAX 3860 n n Pn 0 2141376

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GENERAL W ARRANTI DEED

TIIE STATE OF TEXAS s s KNOW ALL MEN BY THESE PRESENTS COtJNTY OF TARRANT s

NOTICE OF CONFIDENTIALrn RIGHTS IF YOU ARE A NATURAL PERSON YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMAnON FROM ANY INSTRUMENT fIlA l TRANSFERS AN JlTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS YOUR SOCIAL SECURITY NUJffiER OR YOUR DRIVER S LICENSE NUMBER

THAT THE UNDERSIGNED SANDRA JEAN BARLETT FARR hereinafter referred to as

Grantor whether one or more for and in consideration of the sum ofTEN DOLLARS 10 00 cash and other good and valuable consideration in hand paid by the Grantee herein named whose mailing address is 2220 SOLONA STREET HALTOM CITY TEXAS 76117 the receipt and sufiiciency of which is hereby fully acknowledged and confessed has GRANTED SOLD and CONVEYED and by these presents does hereby GRANT SELL and CONVEY unto WYCC LTD herein referred to as Grantee whether described to wit one or more all Grantor s right title and interest in and to the real property as follows

BEING LOT 4 BLOCK 13 OFPARKDALE GARDENS AJ oj ADDITION TO THE CITY OF FORT WORTH TARRANT COUNTY TEXAS ACCORDING TO THE MAP OR PLAT TIffiREOF RECORDED IN VOLUME 1607 PAGE 287 OF THE PLAT RECORDS TARRANTCOt TEXAS

in Liens described as part ofthe Considemtion and any other liens described this deed as being either of and assumed or subject to which title is taken validly existing easements rights way prescriptive rights reservations whether of record or not all presently recorded in validly existing restrictions covenants in other than conditions oil and gas leases mineral interests and water interests outstanding persons Grantor and other instruments other than conveyances of the surface fee estate that affect the Property validly existing rights of adjoining owners in any walls and fences situated on a common boundary any encroachments discrepancies conflicts or shortages in area or boWldary lines any or overlapping improvements all rights obligations and other matters arising from and existing as the same appear of and record in the Office of Ihe County Clerk of the County in which the above described property is si tuated for that and taxes for 2008 which Grantee assumes and agrees to pay and subsequent assessments prior of Grantee assumeslbut years due to change in land usage ownership or both the payment which not subsequent as essments for that and prior years due to change in land usage ownership or both the paymem of wbich Grantor assumes

TO ItA VE A JlD TO HOLD the above described premises together with all and singular the rights executors and appurtenances thereto in mywise belonging unto the said Grantee Grantee s heirs administrators successors andor assigns forever and Grantor does hereby bind Grantor s heirs executors D all and the administrators Sllccessors ancVor assigns to WARRANT AND FOREVER DEFEJ singular administrators said premises unto the said Grantee Grantee s heirs executors Sllccessors and or assigns against every person whomsoever claiming or 10 claim the same or any part thereof

Current ad valorem taxes on said property having been prorated the payment thereof is assumed by Grantee

TO BE EFFECTIVE on this the 29TH day of DECEMBER 2008

GRANTpR st

J t i I 1t SANDRA JEANRARLETT FARR

1 of 2 GENERA W t RRANTY BED Page I

Commercial Lease

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This lease is made between Jeff Sloan ofWYCC LLC 2216 Solona St Haltom City Texas 76117 herein called Lessor and Bob McGee of McGee Garage 6916 Hardisty St Richland Hill Texas 76118 herein called Lessee Lessee hereby offers to Lease from Lessor the premises at 2220 Solona St Suite C D Haltom City Texas 76117

1 Term and Rent Lessor demises the above premises for a term of 2 years commencing July 01 2011 and terminating on June 30 2013 or sooner as provided herein at the annual rental rate of 15 600 1300 00 second year will increase 100 per month at the annual rate of 16 800 1400 00 payable in equal installments in advance on the first day of each month for that month s rental during the term of the Lease All rental payments shall be made to Lessor at the above Address specified above

2 Use Lessee shall use and occupy the premises for Automotive repair be used for no other purpose Lessor represents that the premises may lawfully be used for such Lessee not use purpose shall the premises for the purposes of storing manufacturing or selling any explosives flammables or other inherently dangerous substance chemical thing or device

3 Care of and Maintenance Premises Lessee acknowledges that the premises are in good order and repair unless otherwise indicated herein Lessee shall at his own expense and at all times maintain the premises in good and safe condition including plate glass electrical wiring plumbing and heating installations and any other system or equipment upon the premises and shall surrender the same at termination hereof in as good condition as received normal wear and tear excepted Lessee shall be responsible for all repairs required excepting the roof exterior walls structural foundations which shall be maintained by Lessor Lessee shall also maintain in good condition such portions adjacent to the premises such as sidewalks driveways lawns and shrubbery which would otherwise be required to be maintained by Lessor

4 Alterations Lessee shall not without first obtaining the written consent of Lessor make any alterations additions or improvements in to or about the premises

5 Ordinances and Statutes Lessee shall comply with all statutes ordinances and of all state requirements municipal and federal authorities now in force or which may hereafter be in force pertaining to the premises occasioned by or affecting the use thereof by Lessee

6 Assignment and Subletting Lessee shall not assign this lease or sublet any portion of the premises without prior written consent of the Lessor which shall not be unreasonably withheld Any such assignment or subletting without consent shall be void and at the option of the Lessor may terminate this lease

Utilities 7 All applications and connections for necessary utility services on the demised premises shall be made in the name of Lessee only and Lessee shall be

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liable for solely utility charges as they become due including those for sewer water gas electricity and telephone services In the event that any utility or service provided to the premises is not separately metered Lessor shall pay the amount due and invoice Lessee separately for Lessee s pro rata share of the charges Tenant shall pay such amounts within fifteen 15 days of invoice Lessee acknowledges that the leased premises are designed to provide standard office use electrical facilities and standard office lighting Lessee shall not use any equipment or devices that utilize excessive electrical or energy that may in Lessor s reasonable opinion overload the wiring or interfere with electrical services to other tenants

8 and Entry Inspection Lessee shall permit Lessor or Lessor s agents to enter upon the at reasonable premises times and upon reasonable notice for the purpose of inspecting the same and will permit Lessor at any time within sixty 60 days prior to the of to expiration this lease place upon the premises any usual To Let or For Lease signs and permit persons desiring to lease the same to inspect the premises thereafter

9 Parking During the term of this lease Lessee shall have the nonexclusive use in common with Lessor other tenants of the building their guests and invitees of the nonreserved common automobile parking areas driveways and foot ways subject to rules and regulations for the use thereof as prescribed from time to time by Lessor Lessor reserves the right to designate parking areas within the building or in a reasonable proximity thereto for Lessee and Lessee s agents and employees Lessee shall Lessor a of provide with list all license numbers for the cars owned by Lessee its agents and employees Separated structured parking if any located about the building is reserved for Lessees of the building who rent such parking spaces Lessee hereby leases from Lessor such 6spaces in a structural parking area such spaces to be on a first come first served basis In consideration of the leasing to Lessee of such spaces Lessee shall pay a monthly rental ODollars 0 per space throughout the term of the lease Such rent shall be due and payable each month without demand at the time herein set for the payment of other monthly rentals in addition to such other rentals

10 If Possession Lessor is unable to deliver possession of the premises at the commencement hereof Lessor shall not be liable for any damage caused thereby nor shall this lease be void or voidable but Lessee shall not be liable for any rent until possession is delivered Lessee may terminate this lease if possession is not delivered within 15 days of the commencement of the term hereof

11 Indemnification of Lessor To the extent of the law Lessor shall not be liable for or to any damage injury Lessee or any other person or to any property occurring on the demised or premises any part thereof Lessee agrees to indemnify and hold Lessor harmless from any claims for damages which arise in connection with any such occurrence Said indemnification shall include indemnity from any costs or fee which Lessor may incur in defending said claim

12 Insurance Lessee at his expense shall maintain plate glass and public liability insurance including bodily injury and property damage insuring Lessee and Lessor with minimum coverage as follows

Lessee shall Lessor with a provide Certificate of Insurance showing Lessor as additional insured The Certificate shall provide for a ten day written notice to

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Lessor in the event of cancellation or material change of coverage To the maximum extent permitted by insurance policies which may be owned by Lessor or Lessee Lessee and Lessor for the benefit of each other waive any and all rights of subrogation which might otherwise exist

If the leased or other premises any part of the building is damaged by fire or other casualty resulting from any act of negligence of Lessee or any of Lessee s agents employees or invitees rent shall not be diminished or abated while such damages are under repair and Lessee shall be responsible for the costs of repair not covered by insurance

13 Eminent Domain If the or premises any part thereof or any estate therein or any other part of the building materially affecting Lessee s use of the premises shall be taken by eminent domain this lease shall terminate on the date when title vests to such The rent and pursuant taking any additional rent shall be apportioned as of the termination date and rent any paid for any period beyond that date shall be repaid to Lessee Lessee shall not be entitled to of any part the award for such taking or any in lieu payment thereof but Lessee may file a claim for any taking of fixtures and improvements owned by Lessee and for moving expenses

14 Destruction of Premises In the event of a partial destruction of the premises during the term hereof from any cause Lessor shall forthwith repair the same provided that such can repairs be made within sixty 60 days under existing governmental laws and regulations but such partial destruction shall not terminate this lease except that Lessee shall be entitled to a proportionate reduction of rent while such repairs are being made the based upon extent to which the making of such repairs shall interfere with the business of Lessee on the premises If such repairs cannot be made within said sixty 60 Lessor at days his option may make the same within a reasonable time this lease continuing in effect with the rent proportionately abated as aforesaid and in the event that Lessor shall not elect to make such repairs which cannot be made within sixty 60 days this lease may be terminated at the option of either party In the event that the in which the demised building premises may be situated is destroyed to an extent of not less than one third of the replacement costs thereof Lessor may elect to terminate this lease whether the demised premises be injured or not A total destruction of the building in which the premises may be situated shall terminate this lease

15 Lessor s Remedies on Default If Lessee defaults in the payment of rent or any additional rent or defaults in the performance of any of the other covenants or conditions hereof Lessor Lessee may give notice of such default and if Lessee does not cure any such default 0 within days after the giving of such notice or if such other default is of such nature that it cannot be completely cured within such period if Lessee does not commence such curing within such 0 days and thereafter proceed with reasonable and in faith to diligence good cure such default then Lessor may terminate this lease on not less than 0 days notice to Lessee On the date specified in such notice the term of this lease shall terminate and Lessee shall then quit and surrender the premises to Lessor without extinguishing Lessee s liability If this lease shall have been so terminated by Lessor Lessor may at any time thereafter resume possession of the premises by any lawful means and remove Lessee or other occupants and their effects No failure to enforce any term shall be deemed a waiver

16 Security Deposit Lessee shall deposit with Lessor on the signing of this lease the

www socrates com Page 3 of 5 LF140 1 Rev 05 04 sum of 500Dollarssecurity for the performance of Lessee s obligations under this lease including without limitation the surrender of possession of the premises to Lessor as herein provided If Lessor applies any part of the deposit to cure any default of Lessee Lessee shall on demand deposit with Lessor the amount so applied so that Lessor shall have the full deposit on hand at all times during the term of this lease

17 Tax Increase In the event there is any increase during any year of the term of this lease in the City County or State real estate taxes over and above the amount of such taxes assessed for the tax year during which the term of this lease commences whether because of increased rate or valuation Lessee shall pay to Lessor upon presentation of paid tax bills an amount equal to Opercent 0 of the increase in taxes upon the land and building in which the leased premises are situated In the event that such taxes are assessed for a tax year extending beyond the term of the lease the obligation of Lessee shall be proportionate to the portion of the lease term included in such year

18 Common Area Expenses In the event the demised premises are situated in a shopping center or in a commercial building in which there are common areas Lessee to agrees pay his prorata share of maintenance taxes and insurance for the common area

19 Attorney s Fees In case suit should be brought for recovery of the premises or for any sum due hereunder or because of any act which may arise out of the possession of the premises by either party the prevailing party shall be entitled to all costs incurred in connection with such action including a reasonable attorney s fee

20 Waiver No failure of Lessor to enforce any term hereof shall be deemed to be a waiver

21 Notices Any notice which either party mayor is required to give shall be given by mailing the same postage prepaid to Lessee at the premises or Lessor at the address specified above or at such other places as may be designated by the parties from time to time

22 Heirs Assigns Successors This lease is binding upon and inures to the benefit of the heirs assigns and successors in interest to the parties

23 Option to Renew Provided that Lessee is not in default in the performance of this lease Lessee shall have the option to renew the lease for an additional term of months commencing at the expiration of the initial lease term All of the terms and conditions of the lease shall apply during the renewal term except that the monthly rent shall be the sum of 1500The option shall be exercised by written notice given to Lessor not less than 30 days prior to the expiration of the initial lease term If notice is not given in the manner provided herein within the time specified this option shall expire

24 Subordination This lease is and shall be subordinated to all existing and future liens and encumbrances against the property

25 Radon Gas Disclosure As required by law Landlord Seller makes the following disclosure Radon Gas is a naturally occurring radioactive gas that when it has a accumulated in building in sufficient quantities may present health risks to persons who are exposed to it over time

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26 Entire Agreement The foregoing constitutes the entire agreement between the parties and may be modified only by a writing signed by both parties The following Exhibits if any have been made a part of this lease before the parties execution hereof

27 No outside storage No Auto s to be left out longer than 24 Hours

28 No over night stay at Premises

29 Trash dumpster is for trash colle ted at business only

Signed this 20 day of Jun

Lessor Jeff Sloan

Lessee Bob McGe

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JUN 2 9 2011

Request for Conditional Use Permit

June 28 2011

2220 Solana St Ste A B C D E Haltom City Texas 76117

JeffL Sloan WYCC LLC British Auto Specialists Inc 2216 Solana S1 Haltom City Texas 76117

At the close of2008 WYCC LLC purchased two buildings 2216 2220 Solona Street Haltom City Texas 76117 The intent of the purchase was so British Auto Specialists could utilize one or more suites at 2220 Solona allowing more room for the business as needed for future expansion British Auto Specialists has been in business for 32 years and has occupied 2216 Solana since newly constructed WYCC LLC believed the vacant spaces suites would lease quickly but they have not Bob McGee of McGee Garage has requested to lease Suites C D for automotive use Mcgee Garage has operated in business for 51 years When Mr McGee applied for the Occupancy Permit recently is when I learned that not all spaces at 2220 Solona could be used for Automotive Repair however Suites C D were previously used for automotive repairs I have attached a copy of the Lease for your review that states NO outside Auto Storage I own and operate British Auto Specialists which shares the parking lot of2216 2220 Solana St James Pliska has agreed to allow Mr McGee to move in 2220 Solana S1 Suites C D and if the Haltom City Council does not approve the Conditional Use Permit Mr McGee has agreed to move back out

In closing I would like to mention I have designed and built three buildings on Solana St and have purchased two existing buildings all which are occupied I have worked with the City as well as the Council in the past on other requests issues and have always done as I have said I would do on various matters Attached are pictures featuring the quality of buildings I own and the way I maintain them I am a firm believer of doing my share to keep Haltom City the best it can be

I very much appreciate your consideration for my request I m in discussion with other property owners to buy develop and construct more buildings on Solana Street and in the immediate area

Thank you again for your time and consideration

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