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HomeMy WebLinkAbout1818 06-10-2008ORDINANCE NO. 1818 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON LOT 1 R, BLOCK 1A, MORRISDALE ADDITION, 4323 W. PIPELINE ROAD, FOR FUNERAL CHAPEL; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on May 20, 2008, in conjunction with Specific Use Permit Case No. 08 -06 -SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on June 10, 2008, 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 Chapel 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 Lot 1R, Block 1A, Morrisdale Addition, 4323 W. Pipeline Road. 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 APPROVED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 10th day of June, 2008, by a vote of 5 ayes, 1 nays, and 0 abstentions. APPROVED: Mary Lib S leh, Mayor ATTEST: G Susan Crim, MC, City Secretary APPROVED AS TO FORM: �J Bob McFarland, City Attorney Ordinance No. 1818, Page 2 of 4 ORDINANCE NO. 1818 SPECIFIC USE PERMIT CASE #08 -06 -SUP LAND USE: FUNERAL CHAPEL LOCATION (property address): 4323 W. Pipeline Road (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): 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 lease space; 4. The rear of the building must be used for transfer of bodies; and 5. Valid for three years, coinciding with terms of lease. Considered by Planning and Zoning Commission: DATE OF ACTION: May 20, 2008 approval F-1 denial X''''7 ignature of P 8 Chairman Considered by City Council: DATE OF ACTION: June 10, 2008 approval F7 denial X Signature of Mayor 201 N. Ector Drive, Euless, Texas 76039 -3595 817/685 -1400 - Metro 817/267 -4403 - Fax 817/685 -1416 www.ci.euless.tx.us v (::) Pp) O, s �r a � L 3 Wei' E Ordinance 1818, Page 4 of 4 "Exhibit All