HomeMy WebLinkAbout1980 11-27-2012 ORDINANCE NO. 1980
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF EULESS, CHAPTER 84, "UNIFIED DEVELOPMENT CODE";
AMENDING THE CITY OF EULESS ZONING DISTRICT MAP ON
PROPERTY SITUATED IN THE ANDREW J. HUITT SURVEY,
ABSTRACT NO. 709, BEING A PORTION OF COMMERCIAL TRACT A,
BLOCK 1, OAK CREST ESTATES ADDITION, FROM PLANNED
DEVELOPMENT DISTRICT (PD) TO TEXAS HIGHWAY 10 MULTI-USE
ZONING DISTRICT (TX-10); PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE
OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, the
City of Euless has adopted a comprehensive zoning ordinance and map regulating the
location and use of buildings, other structures and land for business, industrial,
residential and other purposes, for the purpose of promoting the public health, safety,
morals and general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the City of Euless described herein has been directed by the City
Council to initiate zoning Case No. #12-03-ZC to rezone said property from its current
Planned Development zoning district (PD) to Texas Highway 10 Multi-Use zoning
district (TX-10); and
WHEREAS, the Planning and Zoning Commission conducted a public hearing on
November 20, 2012, in conjunction with Zoning Case No. #12-03-ZC, and has rendered
a recommendation to the City Council with respect to this case; and
WHEREAS, the City Council conducted a public hearing on November 27, 2012,
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;
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Texas Local Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
SECTION 1.
Chapter 84 of the Code of Ordinances of the City of Euless is amended by
rezoning the following described property from the current zoning classification of PD
Planned Development District to Texas 10 Multi-Use District:
A TRACT OF LAND OUT OF THE ANDREW J. HUITT SURVEY, ABSTRACT NO. 709,
BEING A PORTION OF COMMERCIAL TRACT A, BLOCK 1, OAK CREST ESTATES
ADDITION, said property being specifially shown in Exhibit "A" and being further
described in Exhibit "B" attached hereto and incorporated herein for all purposes (the
"Property").
The official zoning map of the City of Euless, Texas, being a part of the Euless
Unified Development Code, shall be revised to reflect the rezoning approved herein.
SECTION 2.
PURPOSE OF REGULATIONS
The zoning districts and boundaries, and the regulations applicable thereto, as
herein established have been made in accordance with the comprehensive plan for the
purpose of promoting the health, safety, morals, and general welfare of the community.
They have been designed to lessen congestion in the streets, to secure safety from fire,
panic, flood and other dangers, to provide adequate light and air, to prevent
overcrowding of land, to avoid undue concentration of population, to facilitate the
adequate provisions of transportation, water, sewerage, parks and other public
requirements. They have been made after a full and complete hearing with reasonable
consideration among other things of the character of the district and its peculiar
suitability for the particular uses allowed and with a view of conserving the value of the
buildings and encouraging the most appropriate use of land throughout the community.
SECTION 3.
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.
Ordinance No. 1980, Page 2 of 7
SECTION 4.
RESTRICTIONS ON USE
The use of the Property herein described shall be subject to all the applicable
regulations contained in the Euless Unified Development Code and all other applicable
and pertinent ordinances of the City of Euless, Texas.
SECTION 5.
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 1, "General Provisions," Section 1-12, "General
Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate
offense and shall be punishable as such hereunder.
SECTION 6.
SAVINGS CLAUSE
All rights and remedies of the City of Euless are expressly saved as to any and
all violations of the provisions of the Euless Unified Development Code applicable to the
Property that have accrued at the time of the effective date of this Ordinance; and, as to
such accrued violations and all pending litigation, both civil and criminal, whether
pending in court or not, under such ordinances, same shall not be affected by this
Ordinance but may be prosecuted until final disposition by the courts.
SECTION 7.
PUBLICATION
The City Secretary is hereby directed to publish the caption, penalty clause and
effective date clause of this Ordinance in the official newspaper as provided by Article II,
Section 12 of the Euless City Charter.
SECTION 8.
EFFECTIVE DATE
This Ordinance shall be in full force and effect from and after its passage and
publication, as provided by the Euless City Charter and the laws of the State of Texas.
Ordinance No. 1980, Page 3 of 7
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the November 27, 2012, by a vote of 6 ayes,
o nays, and o abstentions.
APPROVED:
Mary Lib aleh, Mayor
ATTEST:,
/.,, i'l
, ' k--eva!1, ./ 2-ii..■(5-&51ti
Kim Setter, TRMC, City Secretary
APPROVED AS TO FORM AND LEGALITY:
'A ccJ
Wayne K. Olson, City Attorney
Ordinance No. 1980, Page 4 of 7
EXHIBIT "A"
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Ordinance No. 1980, Page 5 of 7
EXHIBIT "B"
BEING a tract of land situated in the Andrew J. Huitt Survey, Abstract No. 709, City of Euless,
Tarrant County, Texas, and being a portion of Commercial Tract-A, Block 1 of Oak Crest
Estates, an Addition to the City of Euless, Texas, according to the Plat thereof recorded in
Volume 388-14, Page 29 of the Plat Records of Tan-ant County, Texas, same also being a
portion of a called 10.125 acre tract of land, conveyed to Euless 183 Joint Venture, as
evidenced in a General Warranty Deed recorded in Volume 7983, Page 1717 of the Deed
Records of Tarrant County, Texas, and being more particularly described by metes and bounds
as follows:
BEGINNING at a 1/2-inch "DAA" capped iron rod found for the northeast corner of said
Commercial Tract-A and the northeast corner of said 10.125 acre tract, same being the
intersection of the south right of way line of West Euless Boulevard (State Highway No. 10), a
variable width right of way, with the west right of way line of Dickey Drive (a 60' wide right of
way);
THENCE South 01°06'00" East, along the east line of said Commercial Tract-A, the east line of
said 10.125 acre tract and the west right of way line of said Dickey Drive, a distance of 5.60 feet
to 1/2-inch "DAA" capped iron rod found for the point of curvature of a curve to the left;
THENCE continuing along the east line of said Commercial Tract-A, the east line of said 10.125
acre tract and the west right of way line of said Dickey Drive, and along the arc of said curve to
the left, through a central angle of 36°15'19", having a radius of 472.90 feet, a chord bearing of
South 19°13'40" East, a chord distance of 294.27 feet and an arc length of 299.24 feet to a 5/8-
inch iron rod found for the most northerly, southeast corner of said 10.125 acre tract, same
being the northeast corner of a tract of land, conveyed to Don A. Albanesi, as evidenced in a
Special Warranty Deed recorded in Volume 9986, Page 2223 of the Deed Records of Tarrant
County, Texas;
THENCE South 88°54'00" West, departing the east line of said Commercial Tract-A, the west
right of way line of said Dickey Drive, along a south line of said 10.125 acre tract and the north
line of said Don A. Albanesi tract, a distance of 105.26 feet to a 1/2-inch iron rod found for the
northwest corner of said Don A. Albanesi tract;
THENCE South 01°12'08" East, along an east line of said 10.125 acre tract, the west line of
said Don A. Albanesi tract and the west line of a tract of land, conveyed to Don A. Albanesi, as
evidenced in a Special Warranty Deed recorded in Volume 9986, Page 2227 of the Deed
Records of Tarrant County, Texas, a distance of 130.61 feet to a 3/4-inch iron rod found for the
most a southeast corner of said 10.125 acre tract, same being on the north line of a called 1.160
acre tract, conveyed to GREWA, LLC, as evidenced in a Special Warranty Deed recorded in
Instrument No. D208208738 of the Official Public Records of Tarrant County, Texas;
THENCE in a westerly direction, along the south line of said 10.125 acre tract and the north line
of said 1.160 acre tract, the following:
South 88°54'00" West, a distance of 189.43 feet to a corner, from which, a found 1/2-
inch "DAA" capped iron rod bears North 05°42' West, 0.21 feet;
North 01°06'00"West, a distance of 20.30 feet to a 1/2-inch iron rod found for a corner;
South 88°54'00"West, a distance of 32.00 feet to a 1/2-inch iron rod found for a corner;
Ordinance No. 1980, Page 6 of 7
South 01°06'00" East, a distance of 20.30 feet to a corner, from which a found 1/2-inch
"DM" capped iron rod bears South 73°58' East, 0.34 feet;
South 88°54'00" West, a distance of 124.43 feet to the northwest corner of said 1.160
acre tract, from which, a T-post bears North 33°24' East, 0.83 feet;
THENCE South 01°06'00" East, along an east line of said 10.125 acre tract and the west line of
said 1.160 acre tract, a distance of 60.39 feet to the most southerly, southeast corner of said
10.125 acre tract, same being the southwest corner of said 1.160 acre tract, same also being
the northeast corner of Lot 8R, Block 1 of Oak Creek Estates, an Addition to the City of Euless,
Texas,
rran according a the from which a found el/2 in Volume-inch °DAA88 capped iron od bears North Records
64°57'
Tarrant County, Texas,
West, 0.28 feet;
THENCE South 88°54'00"West, along the south line of said Commercial Tract-A, the south line
of said 10.125 acre tract and the north line of Lots 8R, 9R capped and o 0 rod set Block
or a said Oak Creek
Estates, a distance of 241.69 feet to a 5/8-inch "KHA" capp
THENCE North 00°53'51" East, departing the south line of said Commercial Tract-A, the south
line of said 10.125 acre tract and the north line of said Lot 10R, a distance of 496.92 feet to a
5/8-inch "KHA" capped iron rod set for a corner on the north line of said Commercial Tract-A
and the south right of way line of aforesaid West Euless Boulevard (State Highway No. 10);
THENCE South 89°06'09" East, along the north line of said Commercial Tract-A, the north line
of said 10.125 acre tract and the south right of way line of said West Euless Boulevard (State
Highway No. 10), a distance of 583.98 feet to the POINT OF BEGINNING and containing 6.250
acres of land, more or less.
Bearings based upon the south line of Commercial Tract-A, Block 1 of Oak Crest Estates, an
Page to the City Plat Euless,co ds of Tarrant County, Texas, said bearing recorded
be being South 88°54'00"
Page 29 of the Plat Re
West.
Ordinance No. 1980, Page 7 of 7