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HomeMy WebLinkAbout2013 10-22-2013 ORDINANCE NO. 2013 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON CRESTHAVEN ADDITION, BLOCK 1, LOT 19, 1000 CRESTHAVEN DRIVE FOR A PLACE OF WORSHIP AND PASTORAL RESIDENCE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR A PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on October 1, 2013, in conjunction with Specific Use Permit Case No. 13-05- SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on October 22, 2013, 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: SECTION 1. ALLOWED USES THAT Place of Worship and Pastoral Residence uses as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof) and on "Exhibit A" and "Exhibit B" (attached hereto and made a part hereof) shall be permitted on Cresthaven Addition, Block 1, Lot 19, 1000 Cresthaven Drive. 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. 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 City Charter. SECTION 5. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication, 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 October 22, 2013, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: ,Lr.�l Mary Lib baleh, Mayor ATTEST:, �q a Kim utter, T MC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2013, Page 2 of 5 THE 'CITY OF Eus..-:-:Ess Ordinance No. 2013 Specific Use Permit Case #13-05-SUP LAND USE: Place of Worship and Pastoral Residence Use LOCATION: Cresthaven Addition, Lot 19, Block 1 1000 Cresthaven Drive 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. Tied to the pastor of the church Rev. Salesi Fono; 2. Tied to the place of worship name, Church of Tonga; 3. Prior to a Certificate of Occupancy being issued by the City of Euless, the Church of Tonga will provide any required construction drawings related to work on the building that is required to meet all applicable building and fire codes. The City will also verify that all trades that are required to complete work are licensed by the State of Texas and registered with the City of Euless; 4. The parking of the site will show that property will accommodate six (6) parking spaces; 5. A cooperative parking agreement between the Church of Tonga and the property owner of 1002 Cresthaven be signed and recorded with Tarrant County, allowing for members of the Church of Tonga to legally park at 1002 Cresthaven, in at least four(4) parking spaces, during times of worship; 6. The maximum occupancy of the sanctuary would be capped at fifty-two (52) persons; 7. The Church of Tonga will be permitted to make application to the City Manager for up to six (6) Special Events per twelve (12) month period of time. During these Special Events, it is acknowledged by the City that the six (6) permanent parking spaces will not be adequate to accommodate parking demand. In these Special Event instances, managed on-street parking may be permitted as long as the on-street parking does not interfere with normal street operation; 8. The residential structure will only be used for housing of the Church pastor or caretaker or to be used for immediate pastoral care and not to be used as a rental residence or used for overnight group housing; 9. The term of this Specific Use Permit shall be granted for a period of one (1) year in order to gauge the further appropriateness of the use at the specific location; and, 1) 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: October 1, 2013 it approval denial X , . 04444.1. • • ignature of P&Z Chai an Considered by City Council: DATE OF ACTION: October 22, 2013 approval 1 denial X - Ai ignature of Mayor Ordinance No. 2013, Page 3 of 5 Exhibit B Parking Configuration Concept Ordinance No. 2013, Page 5 of 5