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HomeMy WebLinkAbout1165 01-10-1995ORDINANCE NO. 1165 AN ORDINANCE AMENDING CHAPTER 84 OF THE CODE OF ORDINANCES, IDENTIFIED AS THE UNIFIED DEVELOPMENT CODE OF THE CITY OF EULESS, TEXAS; AMENDING THE CITY OF EULESS ZONING DISTRICT MAP ON CERTAIN PROPERTY OUT OF THE RAY SHELTON SUBDIVISION; PROVIDING FOR A CHANGE OF ZONING FROM CUD #675 (COMMUNITY UNIT DEVELOPMENT FOR MULTI- FAMILY AT 12 UNITS /ACRE) TO R -1 (SINGLE- FAMILY DETACHED DWELLINGS); PROVIDING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning & Zoning Commission has conducted a public hearing on December 20, 1994, in conjunction with Zoning Case No. 94 -25, and has rendered a recommendation to the City Council with respect to same; WHEREAS, City Council has conducted a public hearing on January 10, 1995, 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 84 of the Code of Ordinances, be amended to read so that the zoning district classification of that 2.485 acres of land generally located on the north side of East Harwood Road and east of North Main Street, more specifically described in Exhibit "A" (attached hereto and made a part hereof), be changed from Community Unit Development for Multi- Family at 12 units /acre (CUD #675) to Single - Family Detached Dwellings (R -1). 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. LEGAL DESCRIPTION BEING A 2.485 ACRE TRACT OF LAND SITUATED IN THE B.F. CROWLEY SURVEY, ABSTRACT NO. 320, CITY OF EULESS, TARRANT COUNTY, TEXAS AND BEING OUT OF THAT CERTAIN TRACT OF LAND DESCRIBED AS TRACT 3 OUT OF RAY SHELTON SUBDIVISION AS RECORDED IN VOLUME 1792, PAGE 93, THE SAME BEING A PORTION OF THAT CERTAIN TRACT OF LAND AS DESCRIBED TO BLEASE TIBBETS AND WIFE EVA MAE TIBBETS AS RECORDED IN VOLUME 8983, PAGE 281, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SAID 2.485 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING at a 1/2" iron rod found for the northwest corner of Harwood Park Townhomes, an Addition to the City of Euless, Tarrant County, Texas, as recorded in Volume 288 -129, Page 67, Plat Records Tarrant County, Texas; THENCE S 00 021'35" W, along the westerly line of said Harwood Park Townhomes Addition, a distance of 95.19 feet to a 5/8" iron rod capped "Carter & Burgess" set for the POINT OF BEGINNING; THENCE S 00 021'35" W, continuing along the westerly line of said Harwood Park Townhomes Addition, a distance of 525.40 feet to a 5/8" iron rod capped "Carter & Burgess" set in the northerly right -of -way of Harwood Road (a variable width R.O.W.); THENCE S 89 059'23" W, along said right -of -way line, a distance of 206.00 feet to a 5/8" iron rod capped "Carter & Burgess" set; THENCE N 00 021'35" E, along the easterly line of that certain tract of land conveyed to Pulte Home Corporation of Texas as described in Volume 11416, Page 1632 Deed Records Tarrant County, Texas, for a distance of 525.40 feet to a 5/8" iron rod capped "Carter & Burgess" set; THENCE N 89 059'23" E, a distance of 206.00 feet to the POINT OF BEGINNING, and containing 2.485 acres of land, more or less. Bearings based on Final Plat Bear Creek Bend Addition, Cab. A, Slide 1261. F:UOB\SLD \93307102 \SDATA\TRACT3. FNS REF: Boundary ExhibH EXHIBIT A, Page I of 2 EXHIBIT A, Page 2 of 2 ^ PULTE HOME COW. OF TEXAS 1• IGO� V. nab _ P. 1632 LOT J � wr HARWOOD ROAD — BOUNDARY EXHIBIT 2.485 ACRES B.F. CBOt19Y SIfBY6Y. AAMACT M. MW CRY AY M NOBR AY YAAALMY. 77RA1 usnn cm in, %rpm • \ HA66oao PARK JI TOMMHOYES • V. 266 -129, P. 67 CL16U6Y, HARVEY JL v. noAS, P. AA7 LOT A 1_53 s (MBETS 75 261 HARWOOD ROAD — BOUNDARY EXHIBIT 2.485 ACRES B.F. CBOt19Y SIfBY6Y. AAMACT M. MW CRY AY M NOBR AY YAAALMY. 77RA1 usnn cm in, %rpm SECTION 3 PENALTY FOR VIOLATION. Any person, firm, or corporation vio- lating 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 FIRST AND FINAL READING at a regular meeting of the Euless City Council on the 10th day of January , 1995, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: ry Lib Saleh, Mayor ATTEST: Si1 "sin CrCMC, City ecretary ia` J J;7•Iii 3i !ic��� �t* fil 7 S ii � 1 City A or ORDINANCE NO. 1165, PAGE 2 OF 4