HomeMy WebLinkAbout1722 02-14-2006ORDINANCE NO. 1722
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON TRACTS 2, 2C, 3, 3B, 4, 4A, 4B, 5, 5B, 561, AND 5C,
BRYANT HARRINGTON SURVEY, A -808, LOCATED AT THE
SOUTHEAST CORNER OF W. GLADE ROAD AND SH 121 FOR AN
EATING ESTABLISHMENT (DRIVE THROUGH); PROVIDING FOR A
SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN
EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has conducted a public
hearing on February 7, 2006, in conjunction with Specific Use Permit Case No. 05-16 -
SUP, and has rendered a recommendation to the City Council with respect to this case;
WHEREAS, City Council has conducted a public hearing on February 14, 2006,
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 an Eating Establishment (Drive Through) use 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 Tracts 2, 2C, 3,
3B, 4, 4A, 4B, 5, 5B, 5131, and 5C, Bryant Harrington Survey, A -808, located at the
southeast corner of W. Glade Road and SH 121.
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 APPROVED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 14th day of February, 2006, by a vote of
7_ ayes, 0 nays, and 0 abstentions.
APPROVED:
• $aleh, Mayor
ATTEST:
Susan CrirkTRMC, City Secretary
APPROVED AS TO FORM:
Ordinance No. 1722, Page 2 of 2
T H E C I T Y O F
E�ULESS
ORDINANCE NO. 1722
SPECIFIC USE PERMIT CASE #05 -16 -SUP
LAND USE: EATING ESTABLISHMENT (DRIVE THROUGH)
LOCATION (property address): southeast corner of W. Glade Rd. and Hwy 121
(legal description): Bryant Harrington Survey, A -808, Tracts .2 , 2C, 3, 3B, 4, 4A0
4B, 5, 5B, 5B1, & 5C
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):
Considered by Planning and Zoning Commission:
DATE OF ACTION: February 7, 2006
2�approval F-1 denial
Signature of PAZ Chairman
Considered by City Council:
DATE OF ACTION: February 14, 2006
tA approval a denial
X
Signature o Mayor
210 N. Ector Drive, Euless, Texas 76039 -3595
817/685 -1630 • Metro 817/267 -4403 • Fax 817/685 -1628
Ordinance 1722, Page 4 of 4 "Exhibit A"
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