HomeMy WebLinkAbout2188 03-27-2018ORDINANCE NO. 2188
AN ORDINANCE AMENDING CHAPTER 84 OF THE CODE OF
ORDINANCES, IDENTIFIED AS THE UNIFIED DEVELOPMENT CODE
OF THE CITY OF EULESS, TEXAS; REVISING MAXIMUM
STRUCTURE HEIGHT FOR CERTAIN DEVELOPMENTS ON 56.884
ACRES WITHIN THE A.J. HUITT SURVEY, ABSTRACT 684;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING
FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, pursuant to Chapter 211 of the Texas Local Government Code, the
City of Euless has adopted a comprehensive zoning ordinance and map regulating the
location and use of buildings, other structures and land for business, industrial, residential
and other purposes, for the purpose of promoting the public health, safety, morals and
general welfare, all in accordance with a comprehensive plan; and
WHEREAS, the City Council of the City of Euless previously approved Ordinance
No. 2072, which approved PD Planned Development zoning on the herein described
property, subject to the terms and conditions set forth in Exhibit A attached thereto; and
WHEREAS, the City Council finds and determines that the Maximum Structure
Height as set forth in Exhibit A, Section 6.3.11 to Ordinance No. 2072 should be amended
as set out herein; and
WHEREAS, a public hearing was duly held by the Planning and Zoning
Commission on March 20, 2018, and by the City Council of the City of Euless on March
27, 2018, in conjunction with Zoning Case No. 18 -02 -PD, with respect to the revisions
described herein; and
WHEREAS, all requirements of law dealing with notice to other property owners,
publication and all procedural requirements have been complied with in accordance with
Chapter 211 of the Texas Local Government Code; and
WHEREAS, the City Council deems it advisable and in the public interest to amend
Ordinance No. 2072 as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
Chapter 84 of the Code of Ordinances of the City of Euless is amended by revising
the PD zoning district regulations on the property described as 56.884 acres within the
A.J. Huitt Survey, Abstract 684, as more particularly described in Exhibit A attached to
Ordinance No. 2072, by revising said Exhibit A as follows:
Amend Section 6.3.11 (page 30 of 45) "Maximum structure height" by replacing the
Section in its entirety with the following:
Section 6.3.11 Maximum structure height: forty-five (45) feet as measured from the front
door threshold.
SECTION 2.
All terms, conditions and provisions of Exhibit A to Ordinance No. 2072 that are
not specifically amended herein shall remain in full force and effect.
SECTION 3.
The zoning districts and boundaries, and the regulations applicable thereto, as
herein established have been made in accordance with the comprehensive plan for the
purpose of promoting the health, safety, morals, and general welfare of the community.
They have been designed to lessen congestion in the streets, to secure safety from fire,
panic, flood and other dangers, to provide adequate light and air, to prevent overcrowding
of land, to avoid undue concentration of population, to facilitate the adequate provisions
of transportation, water, sewerage, parks and other public requirements. They have been
made after a full and complete hearing with reasonable consideration among other things
of the character of the district and its peculiar suitability for the particular uses allowed
and with a view of conserving the value of the buildings and encouraging the most
appropriate use of land throughout the community.
SECTION 4.
The use of the property herein described shall be subject to all the applicable
regulations contained in the Unified Development Code and all other applicable and
pertinent ordinances of the City of Euless, Texas.
SECTION 5.
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.
Ordinance No. 2188, Page 2 of 3
SECTION 6.
PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the
terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined in accordance with Chapter 1, "General Provisions,"
Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall
be deemed a separate offense and shall be punishable as such hereunder.
SECTION 7.
SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly
saved as to any and all violations of the provisions of the City Code or any other
ordinances regulating development that have accrued at the time of the effective date of
this ordinance; and, as to such accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinances, same shall not be
affected by this ordinance but may be prosecuted until final disposition by the courts.
SECTION 8.
PUBLICATION CLAUSE. The City Secretary of the City of Euless is hereby
directed to publish in the official newspaper of the City of Euless, as required by Section
12 of Article II of the Charter of the City of Euless.
SECTION 9.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication, 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 March 27, 2018, by a vote of 6 ayes, o nays,
and o abstentions.
APPROVED:
Linda Fartin,, May
APPROVED AS TO FORM:
Wayne K. Olson, City Attorney
Ordinance No. 2188, Page 3 of 3
ATTEST:
2
Sutter, TRMC, City Secretary