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HomeMy WebLinkAbout1747 08-29-2006ORDINANCE NO. 1747 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON TRACT 1133, KITTY HOUSE SURVEY, A -678, 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 August 22, 2006, in conjunction with Specific Use Permit Case No. 06-08 - SUP, and has rendered a recommendation to the City Council with respect to this case, WHEREAS, City Council has conducted a public hearing on August 29, 2006, 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 1133, Kitty House Survey, A-678. 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 29t�' day of August, 2006, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: - ATTEST: tU's'an Crim, tRMC, City Secretary APPROVED AS TO FORM: //��'' ,�_iww/�_ � i Ordinance No. 4747, Page 2 of 4 T H E C I T Y O F - E WS S ORDINANCE NO. 1747 SPECIFIC USE PERMIT CASE #06 -08 -SUP LAND USE: PET CREMATORY LOCATION (property address): 2215 W. Pipeline Rd. (legal description): Kitty House Survey, A -678, Tract 1 B3 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, and 7. Mr. Pizzelanti will report any violations or enforcement actions taken by any state or federal agency(s) regarding the operation of "All Paws ". Considered by Planning and Zoning Commission: DATE OF ACTION: August 22, 2006 approval F7 denial X gnature of r& Z Chairman Considered by City Council: DATE OF ACTION: August 29, 2006 r—/Z approval = denial X �-�L� Signature of Mayor 201 N. Ecror Drive, Euless, Texas 76039 -3595 817/685 -1630 • Metro 817/267 -4403 • FAX 817/685 -1628 ADDRESS: 2215 Pile Liu. Road DESCRIPTION( A Tract of hand situated ill the K17TY HOUSE SURVEY. Ahuract Nu. 678, Tarrant County. T.sas. old h.iu_ a lernion of dm I. B. Holder tract as recorded no Page 4f7 of Volunic _799. Deed Records of Tarrant County, Texas, and heing more particularly described as hillu,vs: BEGINNING at an old iron nd in the South life of Pipe Line Road and being dt. Northwest cunt., of the said J. B. Holder tr,t atkl aI.— h.im_ ala,ut West A Jistatue of 1492.3 te.t from the Northeast corner of de .said Kitty House Survey: THENCE Smth 00 degrees 07 minutes East, a distance of 199.68 feet to an old join roil: THENCE South 89 degrees 39 minutes IS seconds East a distance of 110.97 feet b, an old iron n,J in th. West line of Tract A. KITTY HOUSE .ADDITION. to the City of Eu1es. Tarrant County, Texas. ; .. ..... li.lL w plat ,ccu,dFd in Volum. 388 -50. Page 85, Decd R.—n.l.s of Tarnuu C—my. Tunas; THENCE North 00 Jegres 07 nowts, West :done nlm Went hn, of said Tract A. a dut:uwc o0'200.2 4 1— to an old Vron rod in th. S,.uth lira• of -id Pip. Line Road: "rH ENCE North 39 J._rces 56 mntii- 30 - -ds West :dung the Smut line of swJ Pile Li- Road a dims— of 110.97 1-1 1-1 dm POI N'1 OF BEGINNING, cnntainine 0.509 x r. i v 22.190 .square f..r rat Will. more or less. NOTE: Enseuk ll recnrd.d in V. 5539. I'. 413. was a is I.,rary Right -OI' -Way aid ILdluw d ,h, s:uuc euurac a., L,— Suit Gas 13;— h ILI'lli-i in V. 31445. P. 320. NOTE: According m dx FIRM Fl.ad luwralee Rate Map d43439CO330 H. Jat-I August 2, 1995 ILr Terrain Cuuuly, dtis pnq,.rty is NOT in the 100 year thmd area anal IS in Zone X. 7,me X is Jetined by ,he Map Legend as: .Areas determined to be —,side 500 -year fLad plain. POS 2215 Pipe Line Road 110.97' N 89 -56 -30 W �1 n�oti ,ticls t? 10' Ci o Euless ROW Easement vol 4251 pg 6 T �. C L > oti - crete retaining waQ Low -- n> 4 as Meter Asphalt Parking 24.1' _.___.. Vestibule:............ I o 65.1' N m W ^o ccLICP I y E - - --�-- �_--�- -- /rte u One Story Masonry = Building �) tj Y y a n < ch rn Q I C to H - E�vlAr'*)45l2T !J o ,power pole 0.509 Acre +/- Out Of the /I Power poie KITTY HOUSE SURVEY `Abstract / I No. 678 (Overhead Utdity l Ti Tarrant County, Texas Line Asphalt Paving x 170.97' Tract 1B2 1, Rdntly S Gregory, Registered Prores51ona1 Land Surveyor, hereby cartiry to (lithe hooeyPlace, LLC, its s ssors and /or assigns as their interest may appear 661 Rain $tree[. Niagara Fa115• NY 11.3(11. 1111 SSe11 L say is 2215 W. Pipeline Road Euless Tn1 76040 131first American Title. """0n P. eartolom.I I Associates, 335 Bullald avenue, Niagara fa115. xy 1X303 that this survey was made on the ground under my supery is i.h and III cprrectly shows the 0oundary lines and dimensions no area of land ihdlc.t.' hereon and 1711 correctly shows the - location o/ all buildings• s[ruC LUres and Other tmproy scants and visible SLlm3 on the subject property• and (iii) correctly shows the location of all alleys• .tree CS• roads, rights -or -way• easements an other matters of record which affect the subject property accprtling to the legal tlescri DC ion in such e...... ts and aCnar a s 1 'Cn instrument volume a page number 1'01 sated t. The undersigned further certifies that aacvpt as shown hereon, there areno visible tli- cpnllict- shortages area, boundary line con /l iris, ancroacnmenti, overlapping of imOrove Wents. aaxemants or r1gn25 -or -way• and the 5 Ss to and Iron a dedicated roadway -I; ]_ reoory R.P.L.S. #4921 Jule 12. 2001 S:al. 1"-30' Surv.y X 100 Purchaser. R. L. Davis 9 Associates, L. C. (not transferable) 0 2001 Randy Gregory Surveying. All rights reserved. Weed Fence Randy Gregory Surveying Metal Fence REGISTERED PROFESSIONAL LAND SLIPVEYOR 7700 Precinct Line Rued Sude 2(1. 0 Steel Rod Found Fort With, Td.., 76120 (817)r.% 0610 0 Steel Rod Set FAY. Metro (817)498 1013 Ordinance 1747, Page 4 of 4 "Exhibit A"