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HomeMy WebLinkAbout1682 03-22-2005ORDINANCE NO. 1682 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON A PORTION OF LOT 1R, BLOCK 1A, MORRISDALE ADDITION, 4323 W. PIPELINE ROAD, FOR A FUNERAL SERVICE; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted_ a public hearing on March 15, 2005, in conjunction with Specific Use Permit Case No. 04-17 - SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on March 22, 2005, 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 Funeral Service 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 a portion of Lot 1 R, Block 1A, Morrisdale Addition, 4323 W. Pipeline Rd. 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 22 "d day of March, 2005, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: M p / ib u mayor ATTEST: Su n Crim, MC, City Secretary APPROVED AS TO FORM: bob McFarland, it ttorney Ordinance No. 1682, Page 2 of 4 LAND USE: T H ORDINAN SPECIFIC USE PE FUNERAL CHAPEL C I T Y O F SS NO. 1682 T CASE #04 -17 -SUP LOCATION (property address): 4323 W. Pipeline Rd. (legal description): Morrisdale Addition, Block 1A, Lot 1 R 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 owner, James Sanders; 2. Chemical storage limited to a maximum of five gallons, 3. Odors are not permitted to be detectible outside of the space; 4. The rear of the building must be used for transfer of bodies and caskets; 5. Valid for six months; and 6. Screening panels required at door at the rear of the building to block the view of deliveries. Considered by Planning and Zoning Commission: DATE OF ACTION: March 15, 2005 IFf approval 71 denial airman Considered by City Council: DATE OF ACTION: March 22, 2005 2Tapproval F7 denial X Signature of Mayor 201 N. Ector Drive, Euless, Texas 76039 -3595 817/685 -1630 • Metro 817/267 -4403 • Fax 817/685 -1628 www.ci.euless.tx.us LIZ- Ordinance 1682, page 4 of 4 "Exhibit All C) - try )ZUO(Y% Roor), r v 3 � r 1 Ordinance 1682, page 4 of 4 "Exhibit All