HomeMy WebLinkAbout1769 01-09-2007ORDINANCE NO. 1769
AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE
PERMIT ON A PORTION OF TRACT 5131, BRYANT HARRINGTON
SURVEY, A -808, FOR AN EATING ESTABLISHMENT WITH 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 December 19, 2006, in conjunction with Specific Use Permit Case No. 06-
20 -SUP, and has rendered a recommendation to the City Council with respect to this
case;
WHEREAS, City Council has conducted a public hearing on January 9, 2007,
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 Eating Establishment with Drive Through uses as specifically described on
Exhibit °An (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 a portion of Tract
581, Bryant Harrington Survey, A -808.
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 9"' day of January, 2007, by a vote of 7
ayes, 0 nays, and 0 abstentions.
APPROVED:
• `.. -
ayor
ATTEST:
usan Cnm RMC, City Secretary
Ordinance No. 1769, Page 2 of 4
T H E'._ C I T Y O F
EU...,.'LESS
ORDINANCE NO. 1769
SPECIFIC USE PERMIT CASE #06 -20 -SUP
LAND USE: EATING ESTABLISHMENT WITH DRIVE THROUGH
LOCATION (property address): 2750 Highway 121
(legal description): Bryant Harrington Survey, A -808, portion of Tract 5131
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):
Tied to Smoothie King.
Considered by Planning and Zoning Commission:
DATE OF ACTION: December 19, 2006
approval E-1 denial
X
Siejnature of P &
Considered by City Council:
DATE OF ACTION: January 9, 2007
approval denial
X
ignature of Mayor
201 N. Ector Drive, Euless, Texas 76039 -3595
817/685 -1630 • Metro 817/267 -4403 • FAX 817/685 -1628
SHOPS AT VINEYARD VILLAGE
BUILDING 17
DRIVE THROUGH
Ordinance 1769, Page 4 of 4 "Exhibit A"
N
SCALE: 1 " =30'
11/09/06