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HomeMy WebLinkAbout1817 06-10-2008ORDINANCE NO. 1817 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON TRACT 3, B. HARRINGTON SURVEY, A -808, (LOT 7, BLOCK A, SHOPS AT VINEYARD VILLAGE ADDITION), 2820 STATE HIGHWAY 121 FOR 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 May 20, 2008, in conjunction with Specific Use Permit Case No. 08 -05 -SUP, and has rendered a recommendation to the City Council with respect to this case, WHEREAS, City Council has conducted a public hearing on June 10, 2008, 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 "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 Tract 3, B. Harrington Survey, A -808, (Lot 7, Block A, Shops at Vineyard Village Addition„ 2820 State Highway 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 10th day of June, 2008, by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: Mary Lib %bleh, Mayor ATTEST: Susan Crim, rMC, City Secretary APPROVED AS TO FORM: Bob cFarland, Ky Attorney Ordinance No. 9817, Page 2 of 4 ORDINANCE NO. ""' SPECIFIC USE PERMIT CASE #08 -05 -SUP LAND USE: EATING ESTABLISHMENT WITH DRIVE THROUGH LOCATION (property address): 2820 State Highway 121 (legal description): B. Harrington Survey, A -808, Tract 3 (Shops at Vineyard Village Addition, Block A, Lot 7) 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): /V/A Considered by Planning and Zoning Commission: DATE OF ACTION: May 20, 2008 proval a denial X 1 ap 'e". -7�7c Signature of P & Z Chairman Considered by City Council: DATE OF ACTION: June 10, 2008 approval denial X ignature of Mayor 201 N. Ector Drive, Euless, Texas 76039 -3595 817/685 -1400 • Metro 817/267 -4403 • Fax 817/685 -1416 www.ci.euless.tx.us 1 - =.T' OIL YLD 4 , — _.._ - 1 .1 , I a 1 l ilt SITE DATA 5 s FREDDY'S FROZEN CUSTARD RR LOT.. c F-31 I 4p -i- r -?-,I L _j C) j 37 FREDOrS I.OEER Cu5TARO s, 71 SFS�5579 AC 0 jg6ftjgm� (A 1.T­L A C) C 1A1 Po?'LLZORC nu uaal AMEL PLATE SAWWA" K CAZM"I c.s? jT DETAIL EXPIN— JT. DETAIL J.T, F .11 SUft LAYWT P ­G clTy OF ME— ULESS _LL04 Ordinance 1817, Page 4 of 4 "Exhibit A" OWNER/DEVELOPER Ws VERTufts. IRc, —bN, WEBS ROAD WICHiTA, KrWSAS 6n26d125 (316)6 617 AUN ROBERT RASSFRRY, JEL .M� I Al 11 C 2:.:r_rED1M_EW SION PLAN SHOPS ATYINEYAPO VILLAGE ­ ON. BLOCK & LOT 7 BEING 1 LOT LOCATED -..11 ACRE OF LANG OUT OF THE B. H NGTQN S—EY, ABSTRACT NO C— OF EULESS, F-31 4p Q Ob Ob OWNER/DEVELOPER Ws VERTufts. IRc, —bN, WEBS ROAD WICHiTA, KrWSAS 6n26d125 (316)6 617 AUN ROBERT RASSFRRY, JEL .M� I Al 11 C 2:.:r_rED1M_EW SION PLAN SHOPS ATYINEYAPO VILLAGE ­ ON. BLOCK & LOT 7 BEING 1 LOT LOCATED -..11 ACRE OF LANG OUT OF THE B. H NGTQN S—EY, ABSTRACT NO C— OF EULESS,