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HomeMy WebLinkAbout739 06-14-1983ORDINANCE NO. 739 AN ORDINANCE AMENDING ORDINANCE NO. 347, IDENTIFIED AS THE ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS; AMENDING THE CITY OF EULESS ZONING MAP; PROVIDING FOR A CHANGE OF ZONING FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO "C -2" COMMUNITY BUSINESS DISTRICT AND COMMUNITY UNIT DEVELOPMENT WITH CON- FORMING HOUSING TO THE "R -4" AND "R -5" MULTI - FAMILY DWELLING DISTRICTS ON CERTAIN PROPERTY OUT OF THE B. HARRINGTON SURVEY, A -808, AND THE LEVI FRANKLIN SURVEY, A -513; PROVIDING FOR THE DEVELOPMENT OF SUCH TRACTS OF LAND ACCORDING TO APPROVED PLANS: PRO- VIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 IT IS HEREBY ORDERED THAT the Official 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 stated herein, now zoned "R -1" Single - family Dwelling District, be changed to "C -2" Community Business District and Com- munity Unit Development with Conforming Housing to the "R -4" and "R -5" Multi- family Dwelling Districts, as specifically set forth in the plan as submitted by applicant and dated November 1982. Such plan being on file in the City of Euless Zoning Records and file attached to Zoning Case No. 389. SECTION 2 The plan as submitted by applicant shall be incorporated in this ordinance by reference and made a part hereof for all purposes as now set forth in full. Such plan shall be applicable only to the property hereby rezoned. SECTION 3 The applicable uses of land pursuant to Section 7 -500 for Tracts 1, 4, and 7; Section 7 -311 for Tracts 3 and 6; and Section 7 -312 for Tracts 2, 5, and 8, City of Euless Zoning Ordinance No. 347, to be subject to the conditions as hereinafter set forth. Tracts 1, 4, 7, as described herein, subject to the "C -2" Community Business District Regulations, as prescribed uses thereon by the City of Euless Zoning Ordinance No. 347. Tracts 2, 3, 5, 6, and 8, as described herein, subject to the "R -4" and "R- 5" Multi - family Dwelling District Regulations, as prescribed by the City of Euless Ordinance No. 347, with a permanent restriction of not more than 620 dwelling units totaled, and further restricting Tracts 3 and 6 only to not more than a maximum density of 16 dwelling units per acre; and Tracts 2, 5, and 8 to not more than a maximum density of 22 dwelling units per acre. SECTION 4 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, clause, sentence, paragraph, or section. SECTION 5 Penalty for Violation. Any person, firm, or corporation violating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter 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 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. SECTION 6 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 26th day of April, 1983, by a vote of 5 ayes, 0 nays, and 0 abstentions. ORDINANCE NO. 739, PAGE TWO OF THREE 5 GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on the 14th day of June, 1983, by a vote of -5' ayes, Q nays, and 0 abstentions. APPROVED: Harold D. Samuels, Mayor ATTEST: APPROVED AS TO CONTENT: James Knight, City ngineer ORDINANCE NO 739, PAGE THREE OF THREE BEING eight (8) tracts of land situated in Abstract No. 808 and the Levi Franklin Survey, of Euless, Tarrant County, Texas and being more follows: ORDINANCE NO. 739 EXHIBIT A, PAGE ONE OF NINE the B. Harrington Survey, Abstract No. 513 in the City particularly described as TRACT I BEGINNING at a point for corner on the east right -of -way line of State Highway No. 121 -A, said point being in a southerly direction 952.57 feet from the intersection of the extended south right -of -way line of Glade Road (County Road No. 3036) with the extended east line of said State Highway No. 121 -A; THENCE S.89 012'05 "E., leaving the said east line of State Highway No. 121 -A, 28.00 feet to a point for corner; THENCE S.0 000'30 "W., 340.91 feet to a point for corner; THENCE S.88 011'00 "E., 77.00 feet to a point for corner; THENCE S.0 013'16 "E., 101.94 feet to a point for corner; THENCE N.89 058'89 "E., 394.09 feet to a point for corner in a curve to the right running in a southerly direction and having a central angle of 1 038'03" a radius of 6259.58 feet and a tangent bearing of S.0 °45'52 "W.; THENCE along said curve 178.53 feet to the end of said curve; THENCE S.89 058'39 "W., 500.49 feet to a point for corner on the said east line of State Highway No. 121 -A, said point also-being in a curve to the left running in a northerly direction and having a central angle of 2 °36'01" a radius of 5759.58 feet and a tangent bearing of N.2 036'32 "E.; THENCE along said curve, and the said east line of State Highway No. 121 -A, 261.41 feet to the end of said curve; THENCE N.0 000'30 "E., 362.87 feet continuing along the said east line of State Highway No. 121 -A to the Point of Beginning and containing 109,720 square feet or 2.519 acres of land. SAID TRACT I BEING SUBJECT TO THE "C -2" COMMUNITY BUSINESS DISTRICT REGULATIONS OF THE CITY OF EULESS ZONING ORDINANCE NO. 347. ORDINANCE NO. 739 EXHIBIT A, PAGE TWO OF NINE TRACT II COMMENCING at a point of intersection of the extended south right -of -way line of Glade Road (County Road No. 3036) with the extended east right -of -way line of State Highway No. 121 -A; Thence in a southerly direction, along the said east line of State Highway No. 121 -A, 952.57 feet; Thence S.89 °12'05 "E., 28.00 feet; Thence S.0 °00'30 "W., 340.91 feet; Thence 5.88 °11'00 "E., 77.00 feet ; Thence S.0 013'16 "E., 101.94 feet; Thence N.89 °58'39 "E., 394.09 feet to the POINT OF BEGINNING ; THENCE N.89 058'39 "E., 506.31 feet to .a point for corner in the center of a 100 foot Texas Power and Light Company Easement; THENCE S.0 001'21 "E., 65.00 feet along the said centerline of a T.P.& L. Co. Easement to a point for corner; THE S.8 056'14 "W.,.114.86 feet continuing along the said centerline of a T.P. & L. Co. Easement to a point for corner; THENCE S.89 058'39 "W., 493.42 feet to a point for corner in a curve to the left running in a northerly direction and having a central angle of 1 °38'03" a radius of 6259.58 feet and a tangent bearing of N.2 °23'55 "E.; THENCE along said curve 178.53 feet to the end of said curve, same being the Point of Beginning and containing 89,709 square feet or 2.059 acres of land. SAID TRACT II BEING SUBJECT TO THE "R -5" ZONING DISTRICT REGULATIONS AS PRESCRIBED BY THE CITY OF EULESS ZONING ORDINANCE NO. 347. ORDINANCE NO. 739 EXHIBIT A, PAGE THREE OF NINE n TRACT III COMMENCING at a point of intersection of the extended south right -of -way line of Glade Road (County Road No. 3036) with the extended east right -of -way line of State Highway No. 121 -A; Thence in a southerly direction, along the said east line of State Highway No. 121 -A, 952.57 feet; Thence S.89 °12'05 "E., 28.00 feet; Thence S.0 °00'30 "W., 340.91 feet; Thence S.88 °11'00 "E., 77.00 feet; Thence S.0 °13'16 "E., 101.94 feet; Thence N.89 °58'39 "E., 900.40 feet to the POINT OF BEGINNING; THENCE N.89 058'39 "E., 252.91 feet to a point for corner; THENCE S.0 028'52 "E., 178.46 feet to a point for corner; THENCE 5.89 058'39 "W - , 272.23 feet to a point for corner in the center of a 100 foot Texas Power and Light Co. Easement; THENCE N.8 056'14 "E., 114.86 feet along the said centerline of a T.P. & L. Co. Easement to a point for corner; THENCE N.0 001'21 "W., 65.00 feet continuing along the said centerline of a 100 foot T.P. & L. Co. Easement to the Point of Beginning and containing 46,275 square feet or 1.062 acres of land. SAID TRACT III BEING SUBJECT TO THE "R -4" ZONING DISTRICT REGULATIONS AS PRESCRIBED BY THE CITY OF EULESS ZONING ORDINANCE NO. 347. ORDINANCE NO. 739 EXHIBIT A, PAGE FOUR OF NINE TRACT IV BEGINNING at a point for corner on the east right -of -way line of State Highway No. 121 -A, said point being in a southerly direction 1576.85 feet from the intersection of the extended south right -of -way line of Glade Road (County'Road No. 3036) with the extended east line of said State Highway No. 121 -A; THENCE N.89 058'39 "E., leaving the said east line of State Highway No. 121 -A, 500.49 feet to a point for corner in a curve to the right running in a southerly direction and having a central angle of 5 °24'45" a radius of 6259.58 feet and a tangent bearing of S.2 °23'55 "W.; THENCE along said curve 591.32 feet to the end of said curve, same being the beginning of another curve to the left having a central angle of 1 °28'18" and a radius of 5199.58 feet; THENCE along said curve 133.56 feet to the end of said curve, same being the beginning of another curve to the right having a central angle of 1 °38'41" and a radius of 12189.16 feet; THENCE along said curve 349.87 feet to the end of said curve; THENCE S.89 019'23 "W., 506.02 feet to a point for corner on the said east line of State Highway No. 121 -A, said point also being in a curve to the left running in a northerly direction and having a central angle 2 °01'05" a radius of 11689.16 feet and a tangent bearing of N.8 °21'27 "E., THE14CE along the said east line of State Highway No. 121 -A the following courses and distances; 411.72.feet to the end of said curve, same being the beginning of another curve to the right having a central angle of 1 °28'18" and a radius of 5699.58 feet; Thence along said curve 146.40 feet to the end of said curve, same being the beginning of another curve to the left having a central angle of 5 °12'08" and a radius of 5759.58 feet; Thence along said curve 522.94 feet to the Point of Beginning and containing 538,951 square feet or 12.373 acres of land. SAID TRACT IV BEING SUBJECT TO THE "C -2" COMMUNITY BUSINESS DISTRICT REGULATIONS OF THE CITY OF EULESS ZONING ORDINANCE NO. 347. ORDINANCE NO. 739 EXHIBIT A, PAGE FIVE OF NINE TRACT V COMMENCING at a point of intersection of the extended south right -of -way line of Glade Road (County Road No. 3036) with the extended east right -of -way line of State Highway No. 121 -A; Thence in a southerly direction, along the said east line of State Highway No. 121 -A, 1576.85 feet; Thence N.89 °58'39 "E., 500.49 feet to the POINT OF BEGINNING; THENCE N.89 058'39 "E., 493.42 feet to a point for corner in the center of a 100 foot Texas Power and Light Company Easement; THENCE S.8 056'14 "W., 1024.73 feet along the said centerline of a T.P.& L. Co. Easement to a point for corner; THENCE S.1 053'03 "E., 50.00 feet continuing along the said centerline of a T.P. & L. Co. Easement to a point for corner; THENCE S.88 006'57 "W., 50.00 feet to a point for corner; THENCE S.89 019'23 "W., 398.58 feet to a point for corner in a curve to the left running in a northerly direction and having a central angle of 1 038'41" a radius of 12189.16 feet and a tangent bearing of N.7 °59'02 "E.; THENCE along said curve 349.87 feet to the end of said curve, sane being the beginning of another curve to the right having a central angle of 1 °28'18" and a radius of 5199.58 feet; THENCE along said curve 133.56 feet to the end of said curve, same being the beginning of another curve to the left having a central angle of 5 °24'45" and a radius of 6259.58 feet; THENCE along said curve 591.32 feet to the Point of Beginning and con- taining 488,599 square feet or 11.217 acres of land. SAID TRACT V BEING SUBJECT TO THE "R -5" ZONING DISTRICT REGULATIONS OF THE CITY OF EULESS ZONING ORDINANCE NO. 347. ORDINANCE NO. 739 EXHIBIT A, PAGE SIX OF NINE TRACT VI COMMENCING at a point of intersection of the extended south right -of -way line of Glade Road (County Road No. 3036) with the extended east right -of -way line of State Highway No. 121 -A; Thence in a southerly direction, along the said east line of State Highway No. 121 -A, 1576.85 feet; Thence N.89 °58'39 "E., 993.91 feet to the POINT OF BEGINNING; THENCE N.89 058'39 "E., 272.23 feet to a point for corner; THENCE S.0 028'52 "E., 238.26 feet to a point for corner; THENCE S.1 026'10 "W., 810.84 feet to a point for corner; THENCE 5.88 006'57 "W., 411.68 feet to centerline of a Texas Power and Light Company Easement. THENCE ii.1053'03 "W., along said centerline of a Texas Power and Light Company Easement, 50.00 feet to a point for corner; THENCE N.8 056'14 "E., continuing with said centerline of a Texas Power and Light Company Easement,1024.73 feet to the Point of Beginning and con- taining 368,273 square feet or 8.454 acres of land. SAID TRACT VI BEING SUBJECT TO THE "R -4" ZONING DISTRICT REGULATIONS OF THE CITY OF EULESS ZONING ORDINANCE NO. 347. ORDINANCE NO. 739 EXHIBIT A, PAGE SEVEN OF NINE TRACT VII BEGINNING at a point for corner on the east right -of -way line of State Highway No. 121 -A, said point being in a southerly direction 2657.91 feet from the intersection of the extended south right -of -way line of Glade Road (County Road No. 3036) with the extended east line of said State Highway No. 121 -A; THENCE N.89 019'23 "E., 506.02 feet to a point for corner in a curve to the right running in a southerly direction and having a central angle of 3 °36'29" a radius of 12189.16 feet and a tangent bearing of S.7 °59'02 "W.; THENCE along said curve 767.59 feet to the end of said curve; THENCE 5.89 023'27 "W., 512.07 feet to a point for corner on the said east line of State Highway No. 121 -A, said point also being in a curve to the left running in a northerly direction and having a central angle of 3 045'54" a radius of 11689.16 feet and a tangent bearing of N.12 007'20 "E.; THENCE along said curve, and the said east line of State Highway No. 121 -A, 768.12 feet to the Point of Beginning and containing 383,921 square feet or 8.814 acres of land. SAID TRACT VII BEING SUBJECT TO THE "C -2" COMMUNITY BUSINESS DISTRICT REGULATIONS AS PRESCRIBED BY THE CITY OF EULESS ZONING ORDINANCE NO. 347. ORDINANCE NO. 739 EXHIBIT A, PAGE EIGHT OF NINE TRACT VIII .L COMMENCING at a point of intersection of the extended south right -of -way line of Glade Road (County Road No. 3036) with the extended east line of State Highway No. 121 -A; Thence in a southerly direction, along the said east line of State Highway No. 121 -A, 2657.91 feet; Thence N.89 °19'23 "E., 506.02 feet to the POINT OF BEGINNING; THENCE N.89 019'23 "E., 398.58 feet to a point for corner; THENCE S.0 018'10 "E., 755.34 feet to a point for corner; THENCE S.89 023'27 "W., 533.04 feet to .a point for corner in a curve to the left having a central angle of 3 °36'29" a radius of 12189.16 feet and a tangent bearing bearing of N.11 °35'31 "E.; THENCE along said curve 767.59 feet to the Point of Beginning and containing 348,625 square feet or 8.003 acres of land. These field notes are a true, correct, and accurate representation of the property being as indicated by the plat. a Re stere ja�ic Survey SAID TRACT VIII BEING SUBJECT TO THE "R -5" ZONING DISTRICT REGULATIONS AS PRESCRIBED BY THE CITY OF EULESS ZONING ORDINANCE NO. 347. ORDINANCE NO. 739 EXHIBIT A, PAGE NINE O.F NINE