HomeMy WebLinkAbout1587 04-08-2003ORDINANCE NO. 1587
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON PORTION OF LOT 2, BLOCK B, HERITAGE TOWNE
CROSSING, 1201 W. GLADE ROAD, FOR EATING ESTABLISHMENT
WITH DRIVE THRU (WHATABURGER); 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 18, 2003, in conjunction with SPECIFIC USE PERMIT Case No. 03 -05 -SUP, and
has rendered a recommendation to the City Council with respect to this case;
WHEREAS, City Council has conducted a public hearing on April 8, 2003, 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 EATING ESTABLISHMENT WITH DRIVE THRU 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
PORTION OF LOT 2, BLOCK B, HERITAGE TOWNE CROSSING.
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
8th day of April, 2003, by a vote of _ ayes, 0
nays, and 0 abstentions.
APPROVED:
ATTEST:
Susan Crim, CK4C, City Secretary
APPROVED AS TO FORM:
o crarland, City Attorney
Ordinance No. 1587, Page 2 of 4
ORDINANCE NO. 1587
SPECIFIC USE PERMIT
CASE #03 -05 -SUP
LAND USE: EATING ESTABLISHMENT W /DRIVE THRU
LOCATION
(property address): 1201 W Glade Rd
(legal description): Heritage Towne Crossing, Block B, Portion of Lot 2
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):
NONE
Considered by Planning and Zoning Commission:
DATE OF ACTION: March,�8, 2003
of P & Z°6hs*n an-
Considered by City Council:
DATE OF ACTION: April 8, 2003
approval F7 denial
X , 2, /-A ka -,/
Signature of Mayor
201 N. Ector Drive, Euless, Texas 76039 -3595
817/685 -1400 • Metro 817/267 -4403 • Fax 817/685 -1416
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Ordinance 1587 Page 4 of 4 "Exhibit A"
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