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HomeMy WebLinkAbout2296 10-26-2021ORDINANCE NO. 2296 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON MORRISDALE ADDITION, BLOCK 1A, LOT 2A2, 4319 WEST PIPELINE ROAD FOR A DRY CLEANING PLANT; PROVIDING 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 October 5, 2021, in conjunction with Specific Use Permit Case No. 21-12-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 October 26, 2021, 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. Dry Cleaning Plant uses and conditions as specifically described on the Specific Use Form (attached hereto and made a part hereof) shall be permitted on Morrisdale Addition, Block 1A, Lot 2A2, 4319 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 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 October 26, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: tr a Martin`, Mayor ATTES7T.-- Ki Sut ter, TRMC, CMC, City Secretary ...APPROVED AS TO FORM: �) /,0,— Wayne Olson, City Attorney Ordinance No. 2296, Page 2 of 4 ORDINANCE NO. 2296 SPECIFIC USE PERMIT CASE # 21-12-SUP LAND USE: DRY CLEANING PLANT LOCATION: 4319 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) The Specific Use Permit is tied to the Business Owner: AS&S Enterprises, Inc.; 2) The Specific Use Permit is tied to the Business Name: My Cleaners; and 3) 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: 10/05/2021 I ��x i approval Eldenial 'ftnature of P&Z Chairman Ordinance No. 2296, Page 3 of 4 ORDINANCE NO. 2296 SPECIFIC USE PERMIT CASE # 21-12-SUP LAND USE: DRY CLEANING PLANT LOCATION: 4319 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) The Specific Use Permit is tied to the Business Owner: AS&S Enterprises, Inc.; 2) The Specific Use Permit is tied to the Business Name: My Cleaners; and 3) 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: 10/05/2021 approval Considered by City Council: DATE OF ACTION: 10/26/21 nature of 59approval F7denial denial Ordinance No. 2296, Page 4 of 4 AFFIDAVIT OF PUBLICATION , Account # Order Number Identification Order PO Amount Cols Depth 10663 162723 1 Print Legal Ad - IPLOO47104 $44.84 1 46 L Attention: Mike Lowry CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 ORDINANCE NO. 2296 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PER- MIT ON MORRISDALE ADDITION, BLOCK 1A, LOT 2A2, 4319 WEST PIPELINE ROAD FOR A DRY CLEAN- ING PLANT; PROVIDING A SEVER - ABILITY CLAUSE; PROVIDING A PEN- ALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION 3. PENALTY FOR VIOLATION Any per- son, 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," Eu- less 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 pub- lished in a newspaper of general cir- culation in the City of Euless, in com- pliance with the provisions of Article II, Section 12 of the Euless City Charter. 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 October 26, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. IPL0047104 Oct28-29 2021 NOV 5 2021 E DQ CITY OF EULESS ORDINANCE NO. 2296 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PER- MIT ON MORRISDALE ADDITION, BLOCK 1A, LOT 2A2, 4319 WEST PIPELINE ROAD FOR A DRY CLEAN- ING PLANT; PROVIDING A SEVER - ABILITY CLAUSE; PROVIDING A PEN- ALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION 3. PENALTY FOR VIOLATION Any per- son, 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," Eu- less 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 pub- lished in a newspaper of general cir- culation in the City of Euless, in com- pliance with theprovisions of Article II, Section 12 of the Euless City Charter. 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 October 26, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. IPL0047104 Oct 28-29 2021 THE STATE OF TEXAS COUNTY OF TARRANT Before me, a Notary Public in and for said County and State, this day personally appeared Amanda Grisham, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: No. of Insertions: 2 Beginning Issue of: 10/28/2021 Ending Issue of: 10/29/2021 Sworn to and subscribed be ore met is 29th day o October in the year of 2021 s a� Notary Public in and Dallas County for the state of Texas, residing in f�. strew sooty tin ���=j My Notary ID / 194186951 '• � E*kn October 23. 20222 Extra charge for lost or duplicate affidavits. Legal document please do not destroy!