HomeMy WebLinkAbout961 03-22-1988ORDINANCE NO. 961
AN ORDINANCE AMENDING ORDINANCE NO. 347, IDENTI-
FIED AS THE ZONING ORDINANCE OF THE CITY OF
EULESS, TEXAS; A!ffiIDING THE CITY OF EULESS ZONING
DISTRICT NAP ON CERTAIN PROPERTY OUT OF THE
REGENCY CENTER ADDITION; PROVIDING FOR A CHANGE OF
ZONING FROM COMMUNITY BUSINESS DISTRICT (C -2) TO
COMMUNITY BUSINESS DISTRICT (C -2) WITH SPECIAL USE
PERMIT FOR A COMMUNICATIONS TOWER; PROVIDING FOR
CONDITIONS SUBSEQUENT; PROVIDING FOR A SEVER -
ABILITY CLAUSE, PENALTY FOR VIOLATION, AND AN
EFFECTIVE DATE.
WHEREAS the Planning and Zoning Commission has conducted a public
hearing on February 16, 1988, in conjunction with Zoning Case No.
88 -04, and has rendered a recommendation to the City Council with
respect to same; and -
WHEREAS, the City Council has conducted a public hearing on March 8,
1988, considered the recommendation of the Planning and Zoning Com-
mission, 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, TARRANT COUNTY, TEXAS:
SECTION 1
THAT the official zoning district map of the City of Euless, Texas,
being a part of Ordinance No. 347, be amended to read so that the
zoning district classification of that 4.0 acres of land generally
located at 1441 W. Airport Freeway on the southwest corner of Nita
Lane and Airport Freeway, more particularly described as Lot 1, Block
1, Regency Center Addition, as filed at Tarrant County Plat Records in
Volume 388 -193, Page 18, now zoned Community Business District (C -2),
is hereby changed to Community Business District (C -2) with a specific
use permit for a communications tower not to exceed 1.50 feet in
height, in accordance with the site plan described herein as Exhibit A
(attached hereto and made a part hereof).
FURTHER, that the subject property, pursuant to Section 7 -1000 of the
Euless Zoning Ordinance, shall be subject to all the safeguards and
conditions set forth on said site plan described herein as Exhibit A.
SECTION 2
CONDITIONS SUBSEQUENT. The City Council of the City of Euless has set
certain limitations upon the development of said property and its
proposed use under this ordinance, and in accordance with Ordinance
No. 918 hereby sets the following conditions: THAT this specific use
permit be applicable only to the Atchison, Topeka and Santa Fe Railway
Company and its affiliates for the initial construction and use of
said tower. Use of the tower by other succeeding occupants of the
lease space shall also be permitted by this specific use permit.
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, para-
graphs, or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation in this ordi-
nance of any such unconstitutional phrase, clause, sentence, para-
graph, or section.
SECTION 4
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 One Thousand ($1,000.00) 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 Statutes of the State of Texas.
SECTION 5
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.
ORDINANCE NO. 961 , PAGE 2 OF 4
PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless
City Council on the 8th day of March, 1988, by a vote of 4 ayes, 0
nays, and 0 abstentions.
PRESENTED AND PASSED ON SECOND AND FINAL READING at a regular meeting
of the Euless City Council on the 22nd day of March, 1988, by a
vote of 3 ayes, 0 nays, and 0 abstentions.
royWill'iWIN
�4 (4 / �
Harold D. Samuels, Mayor
ATTEST:
Kay Rainey, City Secretary
TO FORM:
APPROVED AS TO CONTENT:
} -
/James Knight, City Engineer
ORDINANCE NO. 961 , PAGE 3 OF 4
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