HomeMy WebLinkAbout1987 01-22-2013 ORDINANCE NO. 1987
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
WILSHIRE VILLAGE SHOPPING CENTER ADDITION, TRACTS A, B,
AND C, 1350 W. EULESS BOULEVARD BY CHANGING THE ZONING
FROM TEXAS HIGHWAY 10 MULTI-USE ZONING DISTRICT (TX-10)
INTO PLANNED DEVELOPMENT (PD) ZONING AS DESCRIBED
HEREIN AND ON THE ATTACHED EXHIBIT "A"; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION;
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 Planning and Zoning Commission has conducted a public
hearing on January 15, 2013, in conjunction with Zoning Case No. #12-04-PD, and has
rendered a recommendation to the City Council with respect to this case;
WHEREAS, the City Council has conducted a public hearing on January 22,
2013, 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 Texas
Highway 10 Multi-Use District (TX-10) to Planned Development (PD):
A TRACT OF LAND OUT OF THE A.M. DOWNING SURVEY, ABSTRACT NO. 415,
BEING WILSHIRE VILLAGE SHOPPING CENTER ADDITION, TRACTS A, B, AND C
said property being specifially shown in Exhibit "A" 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.
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
Ordinance No. 1987, Page 2 of 6
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 CLAUSE
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.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on January 22, 2013, by a vote of 6 ayes, o
nays, and 0 abstentions.
APPROVED: ATTEST:
Mary Li Saleh, Ma or Kim Sutter, TRMC, Ci ty Secretary
APPROVED AS TO FORM:
1/1)/
Wayne Olson, City Attorney
Ordinance No. 1987, Page 3 of 6
Ordinance No. 1987, Page 5 of 6
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