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HomeMy WebLinkAbout1665 10-26-2004ORDINANCE NO. 1665 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON LOT 4AR1, WESTPARK CENTRAL ADDITION, 2155 W. AIRPORT FREEWAY, #100, FOR A DRINKING ESTABLISHMENT WITH ARCADES AND BILLIARDS; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on September 21, 2004, in conjunction with SPECIFIC USE PERMIT Case No. 04-12 - SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on October 12, 2004, 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 DRINKING ESTABLISHMENT WITH ARCADES AND BILLIARDS 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 4AR1, Westpark Central Addition, 2155 W. Airport Freeway, #100. 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 26th day of October, 2004, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: Mary Lib Sa h, Mayor ATTEST: 4uZsan Cri , CMC, City Secretary APPROVED AS TO FORM: _� 05 r/j, i� �� Ordinance 1665, Page 2 of 4 T H E =C I T Y O F EU- SS --LE ORDINANCE NO. 1665 SPECIFIC USE PERMIT CASE #04 -12 -SUP LAND USE: DRINKING ESTABLISHMENT WITH ARCADES AND BILLIARDS LOCATION (property address): 2155 W. Airport Frwy. #100 (legal description): Westpark Central Addition, Lot 4AR1 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. One year period. 2. Tied to the current ownership, Composite Investments, Inc. 3. Tied to applicant listed on the Texas Alcoholic Beverage License (Chlebak Enterprises, Inc.), 4. No sexually oriented business promotions /activities on the premises. Considered by Planning and Zoning Commission: DATE OF ACTION: September 21, 2004 approval F7 denial --S X / f Sig ature of P'& Z pKairman Considered by City Council: DATE OF ACTION: October 12, 2004 approval denial X l� j , �ir Si ure of Ma r 210 N. Ector Drive, Euless, Texas 76039 -3595 817/685 -1630 • Metro 817 /267 -4403 • Fax 817/685 -1628 it• h 'RACT ZR Hsu -uro 01 . z•3 VN H YT'2I S.li• 18cFrlAFl ��5T. I _ R Ell i NG • — i x • a'zo e9•�. .r.. r.r . • . tact _ ��'O � '- t�r+"�i rt�x ter. �' rtJ•�c.mrt.. naa.w.rarw nt�.swRrerai TRACT 3R -i ' .; XASEWk -- nw�wr� srnn Ordinance 1665, Page 4 of 4 i a • :q A= 04.16'00 R= 1951.96' T- 72.90' L= 146.09' it• h 'RACT ZR Hsu -uro 01 . z•3 VN H YT'2I S.li• 18cFrlAFl ��5T. I _ R Ell i NG • — i x • a'zo e9•�. .r.. r.r . • . tact _ ��'O � '- t�r+"�i rt�x ter. �' rtJ•�c.mrt.. naa.w.rarw nt�.swRrerai TRACT 3R -i ' .; XASEWk -- nw�wr� srnn Ordinance 1665, Page 4 of 4