HomeMy WebLinkAbout1752 09-12-2006ORDINANCE NO. 1752
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON LOT 1, BLOCK B, HERITAGE TOWNE CROSSING
ADDITION, FOR A CIGAR STORE WITH ALCOHOL SALES;
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 5, 2006, in conjunction with Specific Use Permit Case No. 06-11 -
SUP, and has rendered a recommendation to the City Council with respect to this case;
and
WHEREAS, City Council has conducted a public hearing on September 12,
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 Cigar Store with Alcohol Sales 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 1, Block B, Heritage
Towne Crossing Addition.
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 12th day of September, 2006, by a vote of
7 ayes, 0 nays, and 0 abstentions.
APPROVED:
ff _ W1 ' _I i
• �� - or
ATTEST:
Sus n Crim, R M C, City Secretary
APPROVED AS TO FORM:
Bob McFarland, City Attorney
Ordinance No. 1752, Page 2 of 4
ORDINANCE NO. 1752
SPECIFIC USE PERMIT CASE #06 -11 -SUP
LAND USE: CIGAR STORE WITH ALCOHOL SALES
LOCATION (property address): 1301 W. Glade Road #180
(legal description): Heritage Towne Crossing Addition, Block B, Lot 1
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 the owners, Charles M. Peacock and Michael L. Bowman,
and
2. Tied to alcohol sales representing less than 25% of total sales
annually.
Considered by Planning and Zoning Commission:
DATE OF ACTION: September 5, 2006
approval F-1 denial
Considered by City Council:
Z Chairman
DATE OF ACTION: September 12, 2006
approval F--] denial
X 1
Signature of Mayor
201 N. Eccor Drive, Euless, Texas 76039 -3595
817/685 -1630 • Metro 817/267 -4403 • FAX 817/685 -1628
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