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HomeMy WebLinkAbout1798 11-13-2007ORDINANCE NO. 1798 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON TRACTS 1E4, 1E6, AND 1E, ANDREW HUITT SURVEY, A- 684, AND LOT 5, EULESS GARDENS ADDITION, FOR A HOTEL; PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on November 6, 2007, in conjunction with Specific Use Permit Case No. 07-12 - SUP, and has rendered a recommendation to the City Council with respect to this case; WHEREAS, City Council has conducted a public hearing on November 13, 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 Hotel 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 Tracts 1 E4, 1 E6, and 1 E, Andrew Huitt Survey, A- 684, and Lot 5, Euless Gardens 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 13th day of November, 2007, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: ,111 M*110 wmro w, Mayor ATTEST: san trim, T MC, City Secretary APPROVED AS TO FORM: :•. r . _ • Ordinance No. 1798, Page 2 of 4 T H E C I T Y O F SS ORDINANCE NO. 1798 SPECIFIC USE PERMIT CASE #07 -12 -SUP LAND USE: HOTEL LOCATION (property address): Southwest corner of W. Airport Freeway and Vine Street (legal description): Andrew Huitt Survey, A -684, Tracts 1 E4, 1 E6, and 1 E and Euless Gardens Addition, Lot 5 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 owner of the hotel development, MOE Hospitality, LLC, represented by Mandreet Singh; 2. Tied to La Quinta Inn and Suites operating on the proposed Lot 3, Block A, Vine Subdivision; and 3. Tied to Comfort Suites operating on the proposed Lot 2, Block A, Vine Subdivision. Considered by Planning and Zoning Commission: DATE OF ACTION: filovember 6, 2007 approval 71 denial X� -/���- err SignatVee of P & Z Chairman Considered by City Council: DATE OF ACTION: November 13, 2007 approval denial X If Signature of Mayor 201 N. 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