HomeMy WebLinkAbout1685 04-26-2005ORDINANCE NO. 1685
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON LOT 4AR1, WESTPARK CENTRAL ADDITION, 2155 W.
AIRPORT FREEWAY, #100, FOR 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 April 19, 2005, in conjunction with Specific Use Permit Case No. 05 -03 -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 26, 2005, 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 April, 2005, by a vote of 7
ayes, 0 nays, and 0 abstentions.
APPROVED:
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ATTEST:
usan Crim, C, City Secretary
APPROVED AS TO FORM:
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Bob McFarland, City Attorney
Ordinance No. 1685, Page 2 of 4
ORDINAN
SPECIFIC USE PE
NO. 1685
T CASE #05 -03 -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. Expires October 31, 2005;
2. Tied to ownership, Three New Millenium, Inc.;
3. Tied to applicant listed on the Texas Alcoholic Beverage License (Chlebak
Enterprises, Inc.)-. and
4. No sexually oriented business promotions /activities on the premises.
Considered by Planning and Zoning Commission:
DATE OF ACTION: April 19, 2005
approval F-1 denial
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Considered by City Council:
DATE OF ACTION: April 26, 2005
approval denial
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Signature of Mayor
201 N. Ector Drive, Euless, Texas 76039 -3595
817/685-1630 • Metro 817/267-4403 • Fax 817/685-1628
www.ci.euless.tx.us
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Ordinance 1685, Page 4 of Q