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HomeMy WebLinkAbout1456 01-09-2001ORDINANCE NO. 1456 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON PORTIONS OF TRACTS 4B AND 6C, SAMUEL TUCKER SURVEY, A -1512, LOCATED AT APPROXIMATELY 801 EAST MID - CITIES BOULEVARD, FOR RETAIL/DRY CLEANERS, PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on December 5, 2000, in conjunction with Specific Use Permit Case No_ 00 -14 -SUP, and has rendered a recommendation to the City Council with respect to this case; �MHEREAS, City Council has conducted a public hearing on January 9, 2001, 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, SE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS. SEC,TIOH 1i ALLOWED USES THAT dry cleaning plant uses as specifically described on 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 on portions of Tracts 413 and 6C, Samuel Tucker Survey, A -1512, located at approximately 801 East Mid- Cities Boulevard. 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 "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 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 G IMAL READING at a regular meeting of the Euless City Council on January 9, 2001, by a vote of 6 ayes, 0 nays, and 0 abstentions. Mary Lib S eh, Mayor ATTEST: Susan Crim (CHIC, City Secretary APPROVE) AS TO FORML: City Attorney Ordinance No. 1456, Page 2 of/-5 T H E C T Y O F E ULE3' 0 Specific Use Permit CASE 900 -14 -SUP LAND USE: Retail /Dry Cleaners LOCATION (property address): 801 East Mid - Cities Boulevard (legal description): Samuel Tucker Survey, A -1512, portions of Tracts 4B & 6C This permit is valid only for the properly and use listed above and then ONLY in accordance with the following documents and/or conditions: DOCUMENTS: Specific Use Permit Ordinance No. ].456 CONDITIONS: (1) Dry cleaning plan will be a "closed system" type operation; (2) Parapet wall on all sides of building to reduce negative visual impact of equipment on roof; (3) Pie SUP to current owner /applicant Shady Grove Car Wash with Bill Wallace as majority owner, and (4) Three year time limit. Considered by the PIalnning and Zoning Connmission- DATE OF ACTION: RECOMMENr DATION.- approval denial ignature of P & Z Chairman Approved by City CouncH: D1� T E AG PROVED: / /� /C/ L74 Sitnalture of Mayor Denied) by City Council: DATE DENIED: 2 N. Ector Drive, Euless, Texas 76039 -3595 617/655.1400 a Metro 817/267 -4,103 o Fax 817/685 -1415 S5bg-ftC eLI9J , e09L ■--PJ 'W 7+Y -'G MV ( -T-d I-W 5',5091 PUPF79 6N12GSM9tG T149 -av ISJUVWOMV URLAW MF7TW 0"17 giva w wad %tassoo M A OAU�ff SOM, nmv- MWMq&g@g ............ i . 3bo P c .............. ........... N 4, J KOH ............ ...... ................... —., ..... .... /* ............. . . +�_ U........... . . ............. . ....... ..... siR CIA- G p, 6F -6 51, VA t AW i` q r: / # fill Ln 14-4 bjD 4 lift cz t. lot R� Ug Ln 14• . % 10w M1 I ;gill Him. lip a. IV' ... ......... MIM 0111 ff 2 111 C) . ......... ,4 % A� J Exhibit A Property Description: STATE OF TEXAS: COUNTY OF TARRANT: BEING a 0.527 acre tract of land in the Samuel Tucker Survey Abstract No. 1512 in the City of Euless, Tarrant County, Texas, owned by Shady Grove Car Wash, Inc. according to the deed recorded in Volume 14367, Page 371, D.R.T.C.T., said 0.527 acre tract being a part of the 15.722 acre tract of land conveyed to Bear Creek Associates I by the deed recorded in Volume 8755, Page 889, D.R.T.C.T., said 0.527 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a found "V" cut in concrete on an electric transformer pad in the northern right -of -way line (120' ROW) of Mid Cities Blvd., said "V" cut being at the southwest corner of Lot 7, Block 2 of the Villages of Bear Creek, an addition to the City of Euless, Tarrant County, Texas according to the plat recorded in Volume 388 -212, Page 85, P.R.T.C.T., said "V" cut being on a curve to the right with a radius of 940.00 feet and a central angle of 15 deg. 38 min. 25 sec. and a chord bearing North 64 deg. 59 min. 02 sec. West 255.80 feet; THENCE along said curve to the right with the northern ROW line of said Mid Cities Blvd. in a westerly direction a distance along the arc of 256.60 feet to a point; THENCE North 34 deg. 12 min. 25 sec. East a distance of 61.81 feet to a point, THENCE South 58 deg. 55 min. 13 sec. East a distance of 73.86 feet to a point at the beginning of a curve to the left with a radius of 30.00 feet and a central angle of 90 deg. 00 min. 00 sec. and a chord bearing North 76 deg. 04 min. 47 sec. East 42.43 feet, THENCE along said curve to the left in an easterly direction a distance along the arc of 47.12 feet to a point at the end of said curve; THENCE North 31 deg. 04 min. 47 sec. East a distance of 74.00 feet to a point in the common line between the subject tract and said Bear Creek Associates I Tract; THENCE South 58 deg. 55 rain. 13 sec. East with said common line a distance of 57.94 feet to a found GPS Monument at the northwest corner of said Lot 7, Block 2; THENCE South 01 deg. 40 min. 01 sec. East with said common line a distance of 164.90 feet to a found "V" cut in concrete at the Point of Beginning and containing 22,960 square feet or 0.527 acres of land, more or less. Ordinance No. 1456, Page 5, of 5