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Home My WebLink About663 06-23-1981ORDINANCE NO. 663 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 "R -5" MULTI - FAMILY DWELLING DISTRICT WITH "CUD" FOR CONFORMING HOUSING FOR CERTAIN PROPERTY OUT OF THE W.G. MATTHEWS SURVEY IN THE CITY OF EULESS: PROVIDING FOR DEVELOPMENT OF SUCH TRACT OF LAND ACCORDING TO APPROVED SITE PLAN; PROVIDING A SEVER - ABILITY CLAUSE; PROVIDING A PENALTY AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: I. IT IS HEREBY ORDERED that the Official District Zoning Map of the City of Euless, Texas, being a part of Ordinance No. 347, be amended to read as follows. The zoning classification of the following described property, now zoned "R -1" Single Family Dwelling District to be changed to "R -5" Multi - Family Dwelling District with "CUD" for Con- forming Housing on the property described as follows. Being all that tract of land situated in the W.G. Matthews Survey, Abstract No. 1052 and recorded in Tarrant County Deed Records, Volume 388J, Page 139 as Lots 14, 15, 16, 17, 18, and 19 of the J.E. Whitener Estates Subdivision, and including the recent Delphia Road Abandonment and being more parti- cularly described as follows: Beginning at a point being the southwesterly corner of Lot 14 in said J.E. Whitener Estates, Thence, N00 degrees 05' 00 "W, 1238.00 feet to a point; THENCE, N89 degrees 59' 59 "E, 414.60 feet to a point on the City of Euless boundary line; THENCE, South, 1189.19 feet along said boundary line to a point; THENCE, S83 degrees 15' 23 ", 415.68 feet back to the POINT OF BEGINNING and containing 11.52 acres (502,086 square feet) of land, more or less, as specifically set forth in the site plan as submitted by Applicant dated April 10, 1981, which development plan is on file in the City of Euless Zoning Records and file attached to Zoning Case No. 331. II. The site plan submitted by Applicant and dated April 10, 1981, shall be incorporated in this ordinance by reference and made a part hereof for all purposes as now set forth in full. Such site plan dated April 10, 1981, shall be applicable only as to the property hereby rezoned. III. The applicable uses of land pursuant to Section 7 -312 and 7 -1108, City of Euless Zoning Ordinance No. 347, to be subject to the following Special Conditions. 1.a. Uses permitted on Tract A, a 105 foot strip along Whitener, shall be limited to eight (8) residential dwelling units as permitted in the "R -3" Zoning District, City of Euless Zoning Ordinance and up to a maximum density of eight (8) units per acre provided that the individual lot width, lot depth and lot area standards may be reduced not to exceed twenty -five percent (25 %) from the standards established in the applicable section of the City of Euless Zoning Ordinance and further provided that the sum of these reductions in individual lot area shall not exceed the acreage in the proposed permanent community open space in conformance with Section 7- 1111(2) City of Euless Zoning Ordinance. ORDINANCE NO. 663, PAGE TWO OF FIVE l.b. Uses permitted on Tract (B) shall be limited to multifamily housing as permitted in the "R -4" Zoning District, City of Euless Zoning Ordinance up to a maximum density of twenty - seven (27) units per acre provided that the individual lot width, lot depth and lot area standards may be reduced not to exceed twenty -five percent (25 %) from the standards established in the applicable section of the City of Euless Zoning Ordinance and further provided that the sum of these reductions in individual lot shall not exceed the acreage in the proposed permanent community open space in conformance with Section 7 -1111 (2) City of Euless Zoning Ordinance. l.c. Uses permitted on Tract C shall be limited to exclude any residential dwelling units. Access off of Pipeline and any parking in this tract shall be restricted to service, main - tanence, and emergency vehicles only. l.d. With exceptions as authorized by Section 7 -1111 (2) Euless Zoning Ordinance and noted in la and lb above all allowed uses will conform to their corresponding zoning standards as established in the Euless Zoning Ordinance. 2. The developer shall submit with any Application for Building Permit, a detailed Site Plan which shall be used by City Staff to verify the compliance of any proposed construction with the conditions hereby set. Said detailed Site Plan shall include, but not be limited to, the following: a. listings of total number of dwelling units to be grouped per number of bedrooms provided in each dwelling unit. b. listings of lot area provided for each dwelling unit listed in paragraph (a) above. c. listings of lot area reductions from the minimum standards prescribed in the applicable Sections of the City of Euless Zoning Ordinance. 3. Permanent Community Open Space shall consist of at least one acre to be used for green space and recreation by the multifamily tenants. There shall be no encroachments of the 100 -year floodplain by structures of any kind. Boundaries shall conform with 100 year floodplain as a minimum, to meet Euless Subdivision requirements. ORDINANCE NO. 663, PAGE THREE OF FIVE 4. The developer shall indicate the limits of the 100 -year floodplain on both sides of the creek by showing a proposed drainage easement on his Preliminary Plat of the property. 5. A Perpetual Maintenance Agreement to City Standards shall be submitted with preliminary plat for the Permanent Comm- unity Open Space. 6. There shall be a screening fence constructed to meet Section 10 -104 standards of the Euless Zoning Ordinance along the entirety of the western property boundary that will not impede drainage. 7. No access will be allowed onto Pipeline Road except as listed in condition No. l.c. above. 8. Tract shall have a minimum of two (2) points of access. A site plan reflecting the access to this tract shall be submitted with the final plat and shall be subject to the City of Euless Subdivision Rules and Regulations and reviewed by City Staff, Planning and Zoning Commission, and by the City Council. IV. Severability Clause. It is hereby declared to be the intention of the City Council 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 judg- ment or decree of any court of competent jurisdiction, such 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 unconstitutional phrase, clause, sentence, paragraph, or section. V. Penalty for Violation. Any person violating the provisions of this ordinance, or the amendments to the Euless City Charter of 1961 hereby made, shall be deemed guilty of a misdemeanor and ORDINANCE NO. 663, PAGE FOUR OF FIVE shall be liable to a fine of not more than Two Hundred Dollars ($200.00), and each day such violation shall be permitted to exist shall constitute a separate offense, as provided by Ordinance No. 347 and subsequent amendments of the Euless City Charter and Statutes of the State of Texas. VI. 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 9th day of June, 1981, by a vote of 4 ayes, 1 nays, and 0 abstentions; GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on the 23rd day of June, 1981, by a vote of _ 3 ayes, 1 nays, and _ 0 abstentions. APPROVED: WWOWAIZ ATTEST: a ity e`cretary APPROV AS T ENT: Director OT nn'ng and Develop e ORDINANCE NO. 663, PAGE FIVE OF FIVE