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HomeMy WebLinkAbout974 07-12-1988ORDINANCE NO. 974 AN ORDINANCE AMENDING ORDINANCE NO. 347, IDENTIFIED AS THE ZONING ORDINANCE OF THE CITY OF EULESS, TEXAS; AMENDING THE CITY OF EULESS ZONING DISTRICT NAP ON CERTAIN PROPER- TY OUT OF THE ALEXANDER & CULLUM SUBDIVISION; PROVIDING FOR A CHANGE OF ZONING FROM SINGLE FAMILY DETACHED DWELLING DISTRICT (R -1) TO NEIGHBORHOOD BUSINESS DISTRICT (C -1); PROVID- ING FOR A SEVERABILITY CLAUSE; PENALTY FOR VIOLATION AND AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission conducted a public hearing on the May 17, 1988, in conjunction with Zoning Case No. 88 -08 and rendered a recommendation to the City Council with respect to same; WHEREAS, City Council conducted a public hearing on June 28, 1988, considered the recommendation of the Planning and Zoning Commission, and 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 Ordinance No. 347, be amended to read so that the zoning district classification of that 0.603 acres of land generally located at 503 South Main Street south of Huitt Lane, more particularly described in Exhibit "A," (attached hereto and made a part hereof), being a portion of Tract 30, Alexander & Cullum Subdivision, now zoned Single Family Detached Dwelling District (R -1) is hereby changed to Neighborhood Busi- ness District (C -1). SECTION 2 CONDITIONS SUBSEQUENT. In accordance with the provisions of Ordinance 918, which amends Ordinance 347, Section 16 -102, being the Comprehensive Zoning Code of the City of Euless, that all certificates of occupancy on this property be reviewed by the City Council in order to determine if the Neighborhood Business District (C -1) use is compatible with the area; and further that the use associated with the certificate of occupancy be approved for a day care facility only. SECTION 3 SEVERABILITY CLAUSE. It is hereby declared to be the intention 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 of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or section 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. 6Y 011CIRIE1 PENALTY FOR VIOLATION. Any person, firm, or corporation violat- ing 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 Dollars ($1,000), 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 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. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 28th day of June, 1988, by a vote of 5 ayes, 0 nays, and 0 abstentions. ORDINANCE NO. 974 PAGE 2 OF 5 GIVEN SECOND READING, PASSED, of the Euless City Council on vote of 4 ayes, 0 nays, FNwVA --W AND APPROVED at a regular meeting the 12th day of July, 1988, by a and 0 abstentions. Harold D. Samuels, Mayor APPROVED AS TO CONTENT: James Knight, City ngineer ORDINANCE NO. 974 PAGE 3 OF 5 Kay Rainey, City SecTe a y APPROVED JA i TO FOR*: APPROVED AS TO CONTENT: James Knight, City ngineer ORDINANCE NO. 974 PAGE 3 OF 5 EXHIBIT A ZONING CASE N0. 88 -08 Proposed Zoning Change from Single Family Detached Dwelling District (R -1) to Neighborhood Business District (C -1) for a portion of Tract 30 of the Alexander and Cullum Subdivision. The total area of the property involved is 0.603 acres and is generally located south of Huitt Lane at 503 South Main Street. Being a tract of land situated in the A. -J. Huitt Survey, Abstract No. 709, in the City of Euless, Tarrant County, Texas and being a portion of Tract 30 of the Alexander & Cullum subdivision as recorded in Volume 388 -C Page 109, of the Plat Records of Tarrant County, Texas and being more particularly described by the metes and bounds description as follows: Commencing at a "Y" cut in sidewalk at the intersection of the south line of Huitt Lane, and the east line of Euless Main Street, thence S 01 deg 53 min 26 sec E, 132.00 feet with the east line of said Euless Main Street to a "Y" cut in sidewalk being the Point of Beginning: Thence N 89 deg 55 min 14 sec E, 199.98 feet to an iron rod set for corner: Thence S 01 deg 53 min 26 sec E, 131.50 feet to an iron rod set for corner: Thence S 89 deg 55 min 14 sec W, 199.98 feet to an iron rod set for corner: Thence N Ol deg 53 min 26 sec W, 131.50 feet to the Point of Beginning and containing 0.603 acre (26284 square feet) of land. ORDINANCE NO. 974 PAGE 4 OF 5 EXHIBIT A ORDINANCE NO. 974 PAGE 5 OF 5 BIT A EXHIBIT A HUITT LANE P 0.6. tPolnf of Beginning N 81, ko NORTH 589.5514 "W 199.98 1 ... ... .. .. . ..... ... ... . 1% . ..... .... . .... ... ... .. .... .. .... . .. .... .. SURVEY 0.603 ACRE TRACT I - T. \lJJ.0!-Ipl L, A.J. HUITT SURVEY, ABST 709 CITY OF EULESS TARRANT COUNTY.1 HORIZON SURVEY COMPANY 500 GRAPEVINE HWY. SUITE 375 HURST,TEXAS 76056.817 /485 -0707 Z:, 589.5514 "W 199.98 1 ... ... .. .. . ..... ... ... . 1% . ..... .... . .... ... ... .. .... .. .... . .. .... .. SURVEY 0.603 ACRE TRACT I - T. \lJJ.0!-Ipl L, A.J. HUITT SURVEY, ABST 709 CITY OF EULESS TARRANT COUNTY.1 HORIZON SURVEY COMPANY 500 GRAPEVINE HWY. SUITE 375 HURST,TEXAS 76056.817 /485 -0707