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HomeMy WebLinkAbout1361 05-11-1999ORDINANCE NO. 1361 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT FOR A DRY CLEANING PLANT ON A PORTION OF LOT 3, BLOCK 3, OAK FOREST ADDITION; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on April 6, 1999, in conjunction with Specific Use Permit Case No. 98 -36 -SUP, and has rendered a recommendation to the City Council with respect to same; WHEREAS, City Council has conducted a public hearing on May 11, 1999, 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 THAT a dry cleaning plant as specifically described in this ordinance, in Exhibit "A" (attached hereto and made a part hereof), and on the Specific Use Permit Form (attached hereto and made a part hereof), shall be permitted as a use on a the portion of Lot 3, Block 3, Oak Forest Addition, herein described. 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 the terms and provisions of this ordinance, or the amendments to the comprehensive zoning ordinance of the City of Euless hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed Two - Thousand Dollars ($2,000) and each day such violation shall continue or be permitted to exist shall constitute a separate offense. Any amendment to the general penalty provision found in the comprehensive zoning ordinance of the City of Euless, as amended, shall be deemed to automatically amend this penalty provision in conformity therewith. SECTION 4 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 the 11th day of May, 1999, by a vote of 7 ayes, 0 nays, and abstentions. APPROVED: Mary Lib S leh, Mayor ATTEST: n rim, C /AAE, ity ecretary ('---WP-PRPVED AS TO FORM: / Oty Attorney Ordinance No. 1361, Page 2 of 4 EXHIBIT A ORDINANCE 1361 Being a 0.65 acre tract of land situated in the J.M. Cummings Survey, Abstract No. 302, Tarrant County, Texas and being a portion of Block No. 3 of the Oak Forest Addition, an addition to the City of Euless as recorded in Volume 388 -50, Page 84 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a '/ inch iron rod found in the west right -of -way line of North Euless Main Street (an 80.00 foot right -of -way), said point being the northeast corner of Lot 2, Block 3 of the Oak Forest Addition as recorded in Cabinet A, Slide 3203, of the Plat Records of Tarrant County, Texas, THENCE N 900 00' 00" W, along the north line of said Lot 2, Block 3, a distance of 220.00 feet to a' /z inch iron rod found for corner, said point being the northwest corner of said Lot 2, Block 3, THENCE N 010 46' 45" E, through the interior of said Block 3, a distance of 132.50 feet to a' /2 inch iron rod set for corner, said point being the southwest corner of Lot 1, Block 1, of the Cen Cor Addition; THENCE S 880 14' 54" E, along the south line of said Lot 1, Block 1, a distance of 220.00 feet to a' /2 inch iron rod found for corner, said point being the southeast corner of said Lot 1, Block 1 of said Cen Cor Addition, and being in the west right -of -way line of said North Euless Main Street; THENCE S 010 49' 39" W, along the west right -of -way line of said North Euless Main Street a distance of 125.77 feet to the POINT OF BEGINNING and containing 28,402 square feet or 0.65 acre tract of land. CG 1gm /mis/9901ZC LAND USE: dry cleaning plant #98 -36 -SUP (use) (case number) LOCATION (property address) (legal descnphon) : A portion of Lot 3, Block 3, Oak Forest Addition This permit is valid only for the property and use listed above and then ONLY in accordance with the following documents and /or conditions: DOCUMENTS: Specific Use Permit Exhibit dated 3/23/99 Specific Use Permit Ordinance No. 1361 CONDITIONS: and rovidin for a co of documentation thereof to be submitte to city sta Considered by the Planning and Zoning Commission : DATE OF ACTIQN`I 04/06/99 Approved by City Council: Denied by City Council : /. 0 DATE APPROVED : X Signature of Mayor DATE DENIED: X Signature of Mayor ❑ denial Ord. 1361, Page 3 of 4 201 N. 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