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HomeMy WebLinkAbout1126 01-17-1994ORDINANCE NO. 1126 AN ORDINANCE AMENDING CHAPTER 94 OF THE CODE OF ORDINANCES, ALSO KNOWN AS ORDINANCE NO. 347, IDENTIFIED AS THE ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS; AMENDING THE CITY.OF EULESS ZONING DISTRICT MAP ON CERTAIN PROPERTY OUT OF THE LEVI FRANKLIN, SURVEY, A -513; PROVIDING FOR A CHANGE OF ZONING FROM C -2 (CON4UNITY BUSINESS DISTRICT) TO R -1 (SINGLE- FAMILY DETACHED) ; PRO- VIDING FOR A SEVERABILITY CLAUSE, PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has conducted a public hearing on December 7, 1993, in conjunction with Zoning Case No. 93 -13, and has rendered a recommendation to the City Council with respect to same; WHEREAS, City Council has conducted a public hearing on January 17, 1994, considered the recommendation of the planning & Zoning Commission, and has determined that the proposed change is in the best interest of the general welfare of the City of Euless; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 THAT the official zoning district map of the City of Euless, Texas, being a part of Chapter 94 of the Code of Ordinances, be amended to read so that the zoning district classification of that 11.38 acres of land generally located at the southwest corner of North Main Street and Bear Creek Drive, more specifically described in Exhibit "A" (attached hereto and made a part hereof) , be changed from C -2 (Community Business District) to R -1 (Single - Family Detached District). 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 the terms and provisions of this ordinance, or the amendments to the comprehensive zoning ordinance of the City of Euless hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed Two - Thousand Dollars ($2,000) and each day such violation shall continue or be permitted to exist shall constitute a separate offense. Any amendment to the general penalty provision found in the comprehensive zoning ordinance of the City of Euless, as amended, shall be deemed to automatically amend this penalty provision in conformity therewith. 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 THE FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 17th day of January, 1994, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: Mary Lib Saleh, Mayor ATTEST: san Crim, ity secretary APPROVED TRFOIRIM:� City Attorney ORDINANCE NO. 1126 , PAGE 2 OF 4 FIELD NOTES BEING a tract of land situated in the City of Euless, Tarrant County, Texas, and being out of the Levi Franklin Survey, Abstract No. 513, and being part of that tract of land conveyed to Brodsky /Alperton Euless Joint Venture by Warranty Deed recorded in Volume 9219, Page 1507, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at the intersection of the south right -of -way of Bear Creek Drive (variable width R.O.W.) with the west right -of -way of North Main Street (80' R.O.W.); THENCE South 00 052'10" West, 150.00 feet to the POINT OF BEGINNING; THENCE South 00 052'10" West along the West line of said North Main Street, a distance of 540.00 feet; THENCE North 89 °07'50" West a distance of 110.00 feet; THENCE North 89 °26'42" West a distance of 224.99 feet; THENCE North 89 007'50" West a distance of 435.00 feet to the East line of the Replat of Lot to -R, Block 1, Williamsburg Addition, an addition to the City of Euless recorded in Volume 388 -212, Page 84, Plat Records, Tarrant County, Texas; THENCE North 05 °25'40" East along the East line of said Lot 1A -R, a distance of 469.83 feet; THENCE North 23 °54'20" West continuing along the East line of said Lot 1A -R, a distance of 258.97 feet to an "X" cut in concrete found for corner in the South line of said Bear Creek Drive (60 foot wide Right -of -Way at this point); THENCE along the South line of said Bear Creek Drive (variable width Right -of -Way along these calls) the following calls: South 83 054'20" East a distance of 333.73 feet to a 5/8 inch iron rod found for corner at the beginning of a curve to the left whose chord bears North 88 005'49" East; In an Easterly direction along said curve to the left having a central angle of 16 000'17', a radius of 741.50 feet, and an arc length of 207.13 feet to a 5/8 inch iron rod found for corner at the beginning of a curve to the right whose chord bears North 82 °41'40" East; In an easterly direction along said curve to the right having a central angle of 05012'00", a radius of 1030.36 feet, and an arc length of 93.51 feet to a 5/8 inch iron rod found for corner at the beginning of a curve to the right whose chord bears North 87 022'40" East; In an Easterly direction along said curve to the right having a central angle of 04 009'59', a radius of 508.38 feet, and an arc length of 36.97 feet to a 1/2 inch iron rod set for corner; THENCE South 00 052'10" West a distance of 157.41 feet; THENCE South 89 °07'50" East a distance of 173.20 feet to the POINT OF BEGINNING and containing 11.383 acres of land, more or less. ORDINANCE N0, 1126 PAGE 3 OF 4 EXHIBIT "A" V Z S�"54.'2(' E SEAR -C 140 +.I '& 18'0'17 p�� \ R e 741.50' Q T a 104.24' g L a 207.13' I W ag 2 1" =200' ORDINANCE N0. 1126 PAGE 4 OF 4 r.iiiTD TT 11^11 p . 5'12'00". R - 1030.55' T a 46.79' L a 93.51' A . 4009'59' R a 508.38' T . 18.49' L . 35.97 11.383 ACRES 50' DRAINAG' EASEMI 435.00 N 89°075(' N 89007'Mr w w Lp 1-- 18w Ld 1 3Z Q N� IV) Lj� O Z M,p_�IT1E5 ��v� BOUNDARY EXHIBIT 11.383 ACRES LEVI FRANKLIN SURVEY, ABST, N0. 513 EULESS. TEXAS WME ciawQ ernBurge58 �owng�ond in tb'E�ronmvacnilMWt. CARTER & BURGESS, INC. 79��W�ROoK DR NE. lWrM M