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Home My WebLink About668 07-28-1981ORDINANCE NO. 668 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 "PD" PLANNED DEVELOPMENT TO "R -2" TWO- FAMILY DWELLING DISTRICT AND "R -4" MULTI- FAMILY DWELLING DISTRICT WITH "CUD" FOR CONFORMING HOUSING FOR CERTAIN PROPERTY OUT OF THE RAY SHELTON SUBDIVISION IN THE CITY OF EULESS; PROVIDING FOR DEVELOPMENT OF SUCH TRACT OF LAND ACCORDING TO APPROVED SITE PLAN; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: 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 hereinafter set forth. The zoning classification of the following described property, now zoned "PD" Planned Development be changed to "R -2" Two - Family Dwelling District and "R -4" Multi- Family Dwelling District with "CUD" for Conforming Housing. Being two tracts of land out of Tracts 13 and 14 of the Ray Shelton Subdivision, an addition to the City of Euless, Tarrant County, Texas, as recorded in Volume 1792, Page 93 of the Plat Records of Tarrant County, Texas, and being more particularly described as follows: "R -4" MULTI- FAMILY DWELLING DISTRICT ZONING (TRACT I BEGINNING at the northeast corner of said Tract 14; said point being in the west ROW line of Fuller -Wiser Rd. (a 50' ROW); THENCE S 00 31' E, 520.00 feet with the west line of Fuller -Wiser Rd. to a point for corner; THENCE in a westerly direction, 140 feet from and parallel to the south line of said Tract 13, 1289.3 feet to a point for corner in the west line of said Tract 13; THENCE N 00 15' E, 520.00 feet with the west lines of said Tracts 13 and 14 to a point for corner; THENCE in an easterly direction and with the north line of said Tract 14, 1282.3 feet to the POINT OF BEGINNING and containing 15.34 acres of land; "R -2" TWO- FAMILY DWELLING DISTRICT ZONING (TRACT II BEGINNING at the southeast corner of said Tract 13; said point begin in the west ROW line of Fuller -Wiser Rd. (a 50' ROW); THENCE in a westerly direction and with the south line of said Tract 13, 1291.2 feet to a point for corner; THENCE N 00 15' E, 140.00 feet with the west line of said Tract 13 to a point for corner; THENCE in an easterly direction, 140 feet from and parallel to the south line of said Tract 13, 1289.3 feet to a point for corner in the west line of Fuller -Wiser Rd.; THENCE S 00 31' E, 140.00 feet with the west line of Fuller - Wiser Rd. to the POINT OF BEGINNING and containing 4.15 acres of land; as specifically set forth in the site plan as submitted by Applicant dated May 7, 1981, which site plan is on file in the City of Euless Zoning Records and file attached to Zoning Case No. 335. II. The site plan submitted by Applicant and dated May 7, 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 May 7, 1981, shall be applicable only as to the property hereby rezoned. ORDINANCE NO. 668, PAGE TWO OF FIVE III. The applicable uses of land pursuant to Section 7 -1100, City of Euless Zoning Ordinance No. 347, to be subject to the conditions as hereinafter set forth. USES PERMITTED ON TRACT I (R -4 ZONING lA Uses permitted on units northern 15.34 net acre tract shall be limited to 216 residential housing as permitted in the "R -4" zoning district of the Euless Zoning Ordinance up to a maximum density of 14.08 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 2.77 acre proposed permanent community open space in conformance with Section 7- 1111(2) City of Euless Zoning Ordinance. 1B Uses permitted as listed above in condition RA and as permitted in the "R -4" Zoning District shall include the following: "R -1" uses to conform to "R -1" standards "R -2" uses to conform to "R -2" standards "R -3" uses to conform to "R -3" standards "R -4" uses to conform to "R -4" standards 2 No residential driveways will be allowed to exit onto Fuller -Wiser Rd. USES PERMITTED ON TRACT II (R -2 ZONING) 3 Uses permitted on the 4.15 acre "R -2" Tract shall be limited to residential housing as permitted in the zoning district of the Euless Zoning Ordinance up to a maximum density of 8.19 units per acre. These uses shall include the following: "R -1" uses to conform to "R -1" standards "R -2" uses to conform to "R -2" standards 4 No residential driveways will be allowed to exit onto Fuller -Wiser Rd. 5 Should the standards and /or uses allowed in any of the zoning districts referenced above in conditions #1 through #4 be amended by the Euless City Council through appropriate revision procedures, then same amend- ments shall automatically become binding conditions integral to this CUD site plan should they occur prior to issuance of building permits for construction upon Tracts I and II listed above. ORDINANCE NO. 668, PAGE THREE OF FIVE PERMANENT COMMUNITY OPEN SPACE CONDITIONS 6 Permanent community open space shall be used for only recreational and /or passive open space integral to the residential community unit development. 7 The developer shall indicate the limits of the 100 -year flood plain on both sides of the creek by showing a proposed drainage easement on his preliminary plat of the property. There shall be no encroach- ments of the 100 -year proposed flood plain by structures of any kind. ADDITIONAL SITE PLAN REQUIREMENTS 8 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 section of the Euless Zoning Ordinance. 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 judgment or decree of any court of competent jurisdiction, such unconstitution- ality 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. ORDINANCE NO. 668, PAGE FOUR OF FIVE W Penality 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 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 the 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 called meeting of the Euless City Council on the 7th day of July, 1981, by a vote of 5 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on the 28th day of July, 1981, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: Harold D. Samuels, Mayor ATTEST: 0 L- Kay'Ra ey, City Secr ry APP RO Kent Flynnjecto of Planning & (_op6ent vfel ORDINANCE NO. 668, PAGE FIVE OF FIVE