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HomeMy WebLinkAbout1712 10-25-2005ORDINANCE NO. 1712 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON LOT 4AR1, WESTPARK CENTRAL ADDITION, LOCATED AT 2155 W. AIRPORT FREEWAY, #100, FOR A DRINKING ESTABLISHMENT WITH ARCADES AND BILLIARDS FOR GATOR'S; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on October 18, 2005, in conjunction with Specific Use Permit Case No. 05-09 - 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 25, 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 a drinking establishment with arcades and billiards uses for Gator's 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, located at 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 25t" day of October 2005, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: Mary Lib leh, Mayor ATTEST: an Crim CMC, City Secretary APPROVED AS TO FORM: (T . . Ordinance No. 1712, Page 2 of 4 T H E C ORDINAN SPECIFIC USE PE 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. Tied to Gator's Cajun Sports Grill, Three New Millennium Group, Inc., a subsidiary of Composite Investments Inc.; and 2. Valid for 120 days, or March 1, 2006, or until the Planning and Zoning Commission and City Council have formally considered a specific use permit for the hotel /restaurant, whichever occurs first. Considered by Planning and Zoning Commission: DATE OF ACTION: October 18, 2005 F, 7� approval r-7 denial Considered by City Council: DATE OF ACTION: October 25, 2005 approval denial X' Signatur? 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 a� xw•wxta r -J � ' • . [nsto/a wxu i � • I - - LOW WNi1 i , I IA ptw �7j -A STf]R . W ,Y raJL(} —$7 MA come FREMM 'L it'. a- ---r --- --G- -- r -- - -_-ti-' - ----! _ I- -1- SEATWG. AAEk YC • �- CR_LHECX vAwi — t T-9 • I,,- i eAA F. V611 If •iyli // +to-Sj IY IT - •• Kea � �...� - - - - -- \` I OFF: MOR i pi SGA �QUYN Carte '` - t1 Exh'.f�F ,r 05 095 :•SCALE: �YS . 1 �I Calf'. ... .. - ...... -- ,--• -- - � � I j ' ordinance No. 1712 Page 4 of 4 "Exhibit All ' F