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HomeMy WebLinkAbout1662 09-14-2004ORDINANCE NO. 1662 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON TRACT 3G01, JOHN A. GROVES SURVEY, A -599, SOUTH PIPELINE ROAD, WEST, FOR A PET CREMATORY; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on September 7, 2004, in conjunction with SPECIFIC USE PERMIT Case No. 04 -11 -SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on September 14, 2004, 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 a PET CREMATORY 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 Tract 3G01, John A. Groves Survey, A -599, South Pipeline Road, West. 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," 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 FINAL READING at a regular meeting of the Euless City Council on the 14th day of September, 2004, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: % 7 ` Mary Lib Sale , Mayor ATTEST: Susan Crim, MC, City Secretary APPROVED AS TO FORM: Ordinance No. 1662, Page 2 of 4 T H E C I T Y O F SS ORDINANCE NO. 1662 SPECIFIC USE PERMIT CASE #04 -11 -SUP LAND USE: PET CREMATORY LOCATION (property address): S. Pipeline Rd. W (legal description): John A. Groves Survey, A -599, Tract 3G01 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 Mike Pizzelanti, d.b.a. All Paws Go To Heaven; 2. All activities confined to the interior of the structure; 3. No specimens allowed to be on the premises longer than 24 hours; 4. All animals awaiting cremation to be held in freezers; 5. An emergency secondary power source be provided; 6. No direct drop off; 7. Mr. Pizzelanti will report any violations or enforcement actions taken by any state or federal agency(s) regarding the operation of "All Paws "; and 8. The building will be 100% masonry. Considered by Planning and Zoning Commission: DATE OF ACTION: September 7, 2004 approval denial X P S anature of P &Z Chairman Considered by City Council: DATE OF ACTION: September 14, 2004 approval a denial X u CZX6L Signature of Mayor 210 N. Ector Drive, Euless, Texas 76039 -3595 817 /685 -1630 • Metro 817/267 -4403 • Fax 817/685 -1628 SEVEN PG. 1482 II H AND EAST RECORDS OF "LANDES & 1/2" IRS: MENT. SHED 0.9' PROTRUSION 0.6' I WIRE FENCE I I f I 0LLIE L. PARKER AND WIFE, FLORA BELLE PARKER VOL. 3986, PG. 368 I I t i I N 89'56'18` E 70.00' WIRE FENCES 1/2' IRS. 1 i 3 JIM 3M LEE AND W1 CALUMA J. I :",--,VOL. 4080, 1 to O O 0.250 AC. Z WIRE ., U) I K ER Li ! IER vq 525 � M O m 1/2" IRS. (c MONUWENT) 0.6' 1 ONTROL ;' S 89 18` W"7 0' PIPELINE ROAD SOUTH ASPHALT PAYING E-+ j i W I I w I Ordinance 1662, Page 4 of 4 "Exhibit A" I