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HomeMy WebLinkAbout1535 06-25-2002ORDINANCE NO. 1535 AN ORDINANCE AMENDING SECTION 84 -107 (R -3 MULTI - FAMILY LOW DENSITY DWELLING DISTRICT); SECTION 84 -108 (R-4 MULTI- FAMILY MEDIUM DENSSTY DWELLING DISTRICT); SECTION 84 -109 (R -5 MULTI - FAMILY HIGH DENSITY DWELLING DISTRICT) TO PROVIDE AS A PERMITTED PRIMARY USE WITHIN SUCH ZONING DISTRICTS FOR SENIOR HOUSING- APARTMENTS AND FOR SENIOR CITIZEN ASSISTED LIVING; AND ALSO AMENDING TABLE 4 -A (PERMITTED PRIMARY USES OF CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, TO PROVIDE AS A PERMITTED PRIMARY USE WITHIN SUCH ZONING DISTRICTS FOR SENIOR HOUSING - APARTMENT AND FURTHER AMENDING SECTION 84 -7 (DEFINITIONS AND WORD USAGE) CHAPTER 84 "UNIFIED DEVELOPMENT CODE" OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS TO DEFINE "SENIOR HOUSING - APARTMENTS AND SENIOR CITIZEN ASSISTED LIVING'; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVING CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, has heretofore established specific district regulations for multi - family dwelling districts; and WHEREAS, conditions and changes in the housing marketplace have established a demand for multi - family housing for senior citizens and that the best interests of the citizens of the City of Euless would be served by specifically providing permitted primary uses for senior housing - apartments within multi - family density dwelling districts; and WHEREAS, the City Council of the City of Euless, Texas, finds and determines that the following amended regulations will serve such objectives and promote the health, safety and welfare of the citizens of the City of Euless. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 That subsection (b) entitled "Permitted Primary Uses" of Section 84 -107 entitled "R -3 Multi - Family Low Density Dwelling District' of Chapter 84, Unified Development Code, of the Code of Ordinances of the City of Euless, as amended, be and the same is hereby amended to add as a permitted primary use "Senior Housing - Apartments" and "Senior Citizens- Assisted Living ". SECTION 2 That subsection (b) entitled "Permitted Primary Uses" of Section 84-108 entitled "R-4 Multi - Family Medium Density Dwelling District' of Chapter 84, Unified Development Code, of the Code of Ordinances of the City of Euless, as amended be and the same is hereby amended to add as a permitted primary use "Senior Housing - Apartments" and "Senior Citizens - Assisted Living ". SECTION 3 That subsection (b) entitled 'Permitted Primary Uses" of Section 84 -109 entitled "R -5 Multi - Family High Density Dwelling District' of Chapter 84, Unified Development Code, of the Code of Ordinances of the City of Euless, as amended, be and the same is hereby amended to add as a permitted primary use "Senior Housing - Apartments" and "Senior Citizens- Assisted Living ". SECTION 4 That Table 4—A entitled 'Permitted Primary Uses" contained in Section 84-84 entitled "Permitted Uses Table of Chapter 84 "Unified Development Code" of the Code of Ordinances of the City of Euless, Texas, as amended is hereby amended to add within the "Residential Accommodations" section of Table 4 -A the following new Permitted Primary Use: Sic Code Primary Use Residential Parking Group Table 5 -A 0000 Senior Housing - Apartments R -3 R -4 R -5 2 S S S SECTION 5 That subsection (b) entitled "Definitions" of Section 84 -7 entitled "Definitions and Word Usage" of Chapter 84 of the Unified Development Code" of the Code of Ordinances of the City of Euless, Texas, as amended, be hereby amended to add the following definitions: Senior Housing- Apartments means multi - family housing in a variety of residential settings for seniors (fifty -five or more years of age) who live independently, but desire residential and personal care services without on -site nursing care facilities. Senior Citizens Assisted Living means multi - family housing for seniors (fifty -five or more years of age) in a variety of residential settings engaged in providing a range of residential and personal care services, such as assistance with medications and daily activities such as bathing and dressing, with on -site nursing care services." Ordinance No. 1535, Page 2 of SECTION 6 Severability Clause. That 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 invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7 Saving Clause. That Chapter 84 of the Code of Ordinances, City of Euless, Texas, as amended, shall remain in full force and effect, save and except as amended by this ordinance. SECTION 8 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 GIVEN FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the 25th day of June, 2002, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: APPROVED AS TO FORM: (��/ v (J Mary Lib aleh, Mayor ob McFarla d, C Attorney ATTEST: usan Crim, C , City Secretary Ordinance No. 1535, Page 3 of 3