HomeMy WebLinkAbout721 11-23-1982ORDINANCE NO. 721
AN ORDINANCE AMENDING ORDINANCE NO. 347, IDEN-
TIFIED AS THE ZONING ORDINANCE OF THE CITY OF
EULESS, TEXAS; AMENDING THE CITY OF EULESS ZON-
ING MAP; PROVIDING FOR A CHANGE OF ZONING FROM
"C -2" COMMUNITY BUSINESS DISTRICT AND "I -1" LIGHT
INDUSTRIAL DISTRICT TO "C -2" COMMUNITY BUSINESS
DISTRICT AND "I -1" LIGHT INDUSTRIAL DISTRICT WITH
SPECIFIC USE PERMIT FOR COMMERCIAL AMUSEMENT
AND BEER SALES ON CERTAIN PROPERTY OUT OF THE
A.M.DOWNING SURVEY; PROVIDING FOR THE DEVELOP-
MENT OF SUCH TRACT OF LAND ACCORDING TO AP-
PROVED SITE PLANS; PROVIDING FOR A SEVERABILITY C-
LAUSE; PROVIDING A PENALTY AND AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
IT IS HEREBY ORDERED THAT the Official District Zoning Map of the
City of Euless, Texas, being a part of Ordinance No. 347, be amended to read as
hereinafter set forth.
The zoning classification of the property described in Exhibit A,
attached hereto and made a part hereof as fully as if set forth herein, now zoned
"C -2" Community Business District and "I -1" Light Industrial District be changed
to "C -2" Community Business District and "I -1" Light Industrial District with
Specific Use Permit for Commercial Amusement and Beer Sales as specifically
set forth in the site plan as submitted by Applicant and dated September 9, 1982,
which plan is on file in the City of Euless Zoning Records and file attached to
Zoning Case No. 376.
II.
The plan submitted by Applicant and dated September 9, 1982, and
revised November 19. 1982, shall be incorporated in this ordinance by reference
and made a part hereof for all purposes as now set forth in full. Such plan dated
September 9, 1982, and revised November 19, 1982, shall be applicable only to the
property hereby rezoned.
The applicable uses of land pursuant to applicable sections of the City
of Euless Zoning Ordinance No. 347, to be subject to the conditions as set forth
herein.
USES PERMITTED
Commercial Amusements as Defined by Section 7- 1300(73)
Video Games
Concession Stand
Sales of Beer for on- premises consumption only
BUILDING DETAILS
Maximum Height -- 25'0"
Floor Area -- 4,400 square feet
Parking -- one space per four bleacher seats (as per Section 8)
IDENTIFICATION SIGN
Setback -- 25'0"
Maximum Area -- 50 square feet
Sign Height -- 25'0"
General Type Pole Sign
SPECIFIC CONDITIONS
1) Alcoholic beverages to be limited to beer only, in cups, for on-
premises consumption.
2) No alcoholic beverages allowed on the field, in the dugouts, or
commercial amusement area, and the posting of signs stating same.
3) A six -foot (69 fence erected to screen the western boundary, except
for the twenty -five foot (259 fence from State Highway 10, which should be
tapered to a height of three feet (39, and said fence to be constructed per Euless
Zoning Ordinance.
4) Protective screening be provided of sufficient height on the western
and eastern boundaries to prohibit objects from entering adjacent properties.
5) Games are to be suspended at 12:00 A.M. (Midnight) Sunday through
Thursday nights with concessions closing thirty (30) minutes after the game, and
Friday and Saturday nights until 2:00 A.M., unless a special permit is received
from the Euless City Council to extend the games longer.
6) Additional screening be provided by planting evergreen trees not to
exceed thirty (30') foot centers unless otherwise instructed by City Staff, suitable
to the area and which will grow relatively quickly, be planted along the western
boundary, exclusive of the northern twenty -five (259 feet which abuts State
Highway 10.
ORDINANCE NO. 721, PAGE TWO OF FIVE
IV.
Severability Clause. It is hereby declared to 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 unconsti-
tutionality 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, clause, sentence, paragraph, or section.
V.
Penalty for Violation. Any person violating the provisions of this
ordinance, or the amendments to the City of Euless Charter of 1961 hereby made,
shall be deemed guilty of a misdemeanor and shall be liable to a fine of not more
than Two Hundred ($200.00) Dollars, and each day such violation shall be
permitted to exist shall constitute a separate offense, as provided by Ordinance
No. 347, and subsequent amendments to the Euless City Charter and the Statutes
of the State of Texas.
VI.
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 GIVEN FIRST READING at a regular meeting of the
Euless City Council on the 9th day of November 1982, by a vote of 4 ayes, 0 nays,
and 1 abstention.
ORDINANCE NO. 721, PAGE THREE OF FIVE
GIVEN SECOND READING, PASSED, AND APPROVED at a regular
meeting of the Euless City Council on the 23rd day of November, 1982, by a vote
of 3 ayes, 0 nays, and 1 abstentions.
APPROVED:
Haroff D. Samuels,-Mayor
ATTEST:
ay R ey, City Secr ary
APPROVE.- A TO F M:
i
i
City At-t- hey
APPROVED AS TO CONTENT:
(James Knight, City Englineer
ORDINANCE NO. 721, PAGE FOUR OF FIVE
Z.C. #376
0
EXHIBIT "A"
THAT the zoning classification of the following; described
property, now zoned C -2 & I -1
be changed to C -2 & I -1 w /SP for Commercial Amusement & Beer
All that certain lot, tract or parcel of land located in the ALLEN M. DOWNING SURVEY,
i Abstract NO. 415, Tarrant County, Texas, being a portion of that certain 10 .acre
tract called Tract "B ", conveyed to Jerry A. Meagher by deeds recorded in Volume 4249,
Page 677, and Volume 4332, Page 437, Deed Records, Tarrant County, Texas and a portion
of that certain 15.7 acre tract called Tract "A ", conveyed to Walter A. Cober (50 %) and
Irven Klug (50%), by deeds recorded in Volume 4649, Page 953 and Volume 4649, Page 957,
respectively, both in Deed Records, Tarrant County, Texas, and being more particularly
described in one tract by metes and bounds as follows:
BEGINNING at a point in the North line of Pipeline Road for the common Southwest corner
of aforesaid Meagher 10 acre tract and Southeast corner of Crestview Addition, said
point being further described as being 125 -0/10 feet East of the East right -of -way line
of Highland Drive;
THENCE departing said Pipeline Road and with a line common to the West line of said
10 acre tract and East line of said Crestview Addition, North 1458 -6/10 feet to a
point in the Southeast right -of -way line of State Highway No. 183;
THENCE with said Southeast right -of -way, North 67 degrees 11 minutes 48 seconds East
75 -0/10 feet to a point for corner in a common West line of aforesaid 15.7 acres tract
and an East line of aforesaid 10 acre tract;
THENCE departing said highway right -of -way and with said common line South, passing
a common ell corner of said tracts at some 357 -6/10 feet, and continuing in all, 487 -6/10
feet to a point in said 10 acre tract, for corner;
THENCE East 299 - 16/100 feet to a point for corner in another common line between said
10 and 15.7 acre tracts;
THENCE with said common line, South 250 -0/10 feet to a point for corner;
THENCE departing said common line and crossing aforesaid 15.7 acre tarct, East 331 -7/10
feet to a point for corner in the East line of said 15.7 acre tract;
THENCE with said East line, South 750 -0/10 feet to a point for corner in the North line
of aforesaid Pipeline Road and at the common Southeast corner of said 15.7 acre and
herein described tract;
THENCE with a line common to the North right -of -way Pipeline Road and South lines of
aforesaid 15.7 and 10. acre tracts, West., passing the common corner between said 15.7 and
10 acre tracts at 331 -7/10 feet, and continuing in all 700 -0/10 feet to the place of
beginning and containing some 14- 92/100 acres of land.
ORDINANCE NO. 721, PAGE FIVE OF FIVE