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HomeMy WebLinkAbout2032 05-27-2014 ORDINANCE NO. 2032 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON KITTY HOUSE SURVEY, ABSTRACT NO. 678, TRACT 1B3, 2215 WEST PIPELINE ROAD, FOR PET CREMATORY; 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 May 6, 2014, in conjunction with Specific Use Permit Case No. 14-07-SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on May 27, 2014, 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 Pet Crematory uses as specifically described on the Specific Use Permit Form (attached hereto and made a part hereof) and on Exhibit "A" (attached hereto and made a part hereof) and, shall be permitted on Kitty House Survey, Abstract No. 678, Tract 1B3, 2215 West Pipeline 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. The caption, penalty clause, and effective date 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 May 27, 2014, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: • _6:2ixae6L) Linda Martin, Mayor ATTEST: Ki Sutter, T'MC, City Secretary APPROVED AS TO FORM: (Z1 k Wayne Olson, City Attorney Ordinance No. 2032, Page 2 of 4 T H E C I T Y O F su-L -Ess r ORDINANCE NO. 2032 SPECIFIC USE PERMIT CASE #14-07-SUP LAND USE: Pet Crematory LOCATION: (legal description): Kitty House Survey, Abstract No. 678, Tract 1 B3 (property address): 2215 W Pipeline 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. Tied to the business owner, Nicholas Padlo; and, 2. Tied to the business name, All Paws Go to Heaven, LLC; and, 3. All activities shall be confined to the interior of the structure; and, 4. No specimens allowed to be on the premises longer than twenty-four (24) hours; and, 5. All animals awaiting cremation to be held in freezers; and, 6. An emergency secondary power source be provided; and, 7. No direct drop off of specimens; and, 8. The business owner shall report any violations or enforcement actions taken by any state or federal agencies regarding the operation of the business; and, 9. 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: May 6 2014 F---vr,approval denial X ?AAA / 14 1 Jtit Signature of P &Z hn Considered by City Council: DATE OF ACTION: May 27, 2014 ✓ approyal denial X % _ /I/..�_ _ . t' W Signature of Mayor Ordinance No. 2032, Page 3 of 4 EXHIBIT "A" 42t5Pipe Line ROaJ �H•�[ a 4ou+ a �u la 1 . A 1.676 ,C. T. ®. M Or finance Na 1031, Page 4 &0 go r manay ..i.: Or finance Na 1031, Page 4 &0