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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 SITE DATA 3f �b.4 m 50t n0 r4144i lMl)erld rq nu� PEOJIRE p. q PPpvIOfO. r PEa11REp PRdvipEp. Xa P'oJIRED. IiD .q. rL rnWIOEp. )SD ;Ef5 .9. r4 ri,r .q r w NPaE RE WIREDr 3 , rAR wG REWRE"ENT5 I m rep[iuG REdIwEnE.arS � SPnGES PEw Imo .q rr ). rsEOrIRE Mmc RRpvlpEp er S�nClS ra pa.Sn r SeaLEp PemclrlG gECp.. L pE vM olSnGlEp PnxT4 1 SPeCES. verr ACC95515LE RdaDfD IAOANT jITE hap= 0LE5"� .. PROPOSED d � Ordinance 1587 Page 4 of 4 "Exhibit A" DE51GN 428IN i _ t l - -- 6, .(_l A] rn�..e..u�reECgweeaw.� .e. F � � SITE PL4N W [ N � � w