HomeMy WebLinkAbout678 09-08-1981ORDINANCE NO. 678
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 -3115 "R -411, AND "R -5" MULTI - FAMILY
DWELLING DISTRICT WITH "CUD" FOR CONFORMING HOUSING
AND FROM "R -1" SINGLE FAMILY DWELLING DISTRICT TO
"C -2" COMMUNITY BUSINESS DISTRICT FOR CERTAIN PROPERTY
OUT OF THE R. CROWLEY SURVEY AND THE S. TUCKER SURVEY;
PROVIDING FOR DEVELOPMENT OF SUCH TRACT OF LAND ACCORD-
ING TO APPROVED SITE PLAN; PROVIDING FOR 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.
SECTION 1: The zoning classification of the following described property,
now zoned "R -1" Single Family Dwelling District be changed to "C -2" Community
Business District.
TRACT A
COMMENCING AT A POINT in the west line of the R. Crowley
Survey, A -312, and being a point on the northwest corner
of the 94.5 acre tract as recorded in Volume 4099, Page 56,
TCDR;
THENCE N 890 26' 00" E, 297.20 feet to a point;
THENCE N 000 58' 00" W, 1694.08 feet to a point;
THENCE N 890 29' 34" E, 1763.08 feet to a point;
THENCE N 000 31' 23" W, 195.56 feet to a point;
THENCE N 000 35' 32" E, 490.77 feet to a point;
THENCE S 890 26' 57" W, 2047.20 feet to a point;
THENCE N 000 12' 18" W, 1546.40 feet to a point;
THENCE N 890 34' 57" E, 300.00 feet to the POINT OF BEGINNING;
THENCE N 890 34' 57" E, 2340.00 feet to a point;
THENCE S 000 12' 11" E, 2190.00 feet to a point;
THENCE S 560 47' 49" W, 4.59 feet to a point, said point
being the beginning of a curve to the right having a central
angle of 82° 35' 38 ", a radius of 120.00 feet, a tangent of
105.41 feet, a chord bearing of N 81° 54' 22" W, and a chord
length of 158.39 feet;
THENCE, along said curve to the right an arc length of 172.98
feet to the point of tangency;
THENCE, N 400 36' 33" W, a distance of 500.43 feet to a point,
said point being the beginning of a curve to the left having a
central angle of 06° 05' 24 ", a radius of 1500.00 feet, a tangent
of 79.79 feet, a chord bearing of N 43° 39' 15" W and a chord
distance of 159.36 feet;
THENCE, along said curve an arc length of 159.44 feet to a point;
THENCE, N 000 35' 32" E, 505.91 feet to a point, said point being
the beginning of a curve to the left having a central angle of
070 45' 21 ", a radius of 700 feet, a tangent of 47.45 feet, a
chord bearing of N 57° 44' 56" W, and a chord distance of 94.68
feet;
THENCE, along said curve to the left an arc length of 94.75 feet
to the point of tangency;
THENCE, N 610 37' 36" W, 325.78 feet to a point, said point being
the beginning of a curve to the left having a central angle of
28° 34' 42 ", a radius of 800 feet, a tangent of 203.76 feet, a
chord bearing of N 75° 54' 57" W, and a chord length of 394.90 feet;
THENCE, along said curve to the left an arc length of 399.03 feet
to the point of tangency;
THENCE, S 890 47' 42" W, 558.59 feet to a point, said point being
the beginning of a curve to the right having a central angle of
34° 60' 00 ", a radius of 500.00 feet, a tangent of 157.65 feet, a
chord bearing of N 72° 42' 18" W, and a chord length of 300.71 feet;
ORDINANCE NO. 678, PAGE TWO OF TWELVE
THENCE, along said curve to the right an arc length of 305.43
feet to the point of tangency;
THENCE, N 550 12' 18" W, 1.73.32 feet to a point, said point
being the beginning of a curve to the right having a central
angle of 00° 46' 02 ", a radius of 750.00 feet, a tangent of
5.02 feet, a chord bearing of N 54° 49' 17" W, and a chord
length of 10.04 feet;
THENCE, along said curve an arc length of 10.04 feet to a point;
THENCE, N 000 12' 18" W, 652.82 feet to the POINT OF BEGINNING
and containing 2,730.031 square feet or 62.6729 acres of land
more or less.
SECTION 2: The zoning classification of the following described property,
now zoned "R -1" Single Family Dwelling District be changed to "C -2" Community
Business District.
TRACT B
COMMENCING AT A POINT in the west line of the R. Crowley Survey,
A -312, and being a point on the northwest corner of 94.5 acre
tract as recorded in Volume 4099, Page 56, TCDR;
THENCE, N 890 26' 00" E, 1188.80 feet to a point;
THENCE, N 000 58' 00" W, 420.00 feet to a point;
THENCE, N 890 26' 00" E, 1003.70 feet to the POINT OF BEGINNING;
THENCE, N 170 04' 00" W, 230.00 feet to a point;
THENCE, N 010 26' 00" E, 170.00 feet to a point;
THENCE, N 350 04' 00" W, 102.54 feet to a point, said point being
the beginning of a curve to the left having a central angle of
04° 33' 37 ", a radius of 750.00 feet, a tangent of 29.86 feet, a
chord bearing of N 67° 28' 48" E, and a chord distance of 59.68 feet;
THENCE, along said curve to the left, an arc length of 59.69
feet to the point of tangency;
THENCE, N 650 12' 00" E, 221.82 feet to a point, said point
being the beginning of a curve to the right having a central angle
of 24° 10' 00 ", a radius of 700.00 feet, a tangent of 149.85 feet,
a chord bearing of N 77° 17' 00" E, and a chord distance of 293.07 feet;
ORDINANCE NO. 678, PAGE THREE OF TWELVE
THENCE, along said curve to the right, an arc length of
295.25 feet to the point of tangency;
THENCE, N 890 22' 00" E, 27.59 feet to a point;
THENCE, S 000 38' 00" E, 650.00 feet to a point;
THENCE, S 890 26' 00" W, 455.00 feet to the POINT OF BEGINNING
and containing 304,743 square feet or 6.9959 acres of land
more or less.
SECTION 3: The zoning classification of the following described property,
now zoned "R -1" Single Family Dwelling District be changed to "R -3" Multi -
Family Dwelling District,, with "CUD" for Conforming Housing.
TRACT I
COMMENCING AT A POINT in the west line of the R. Crowley
Survey, A -312, and being a point on the northwest corner
of a 94.5 acre tract as recorded in Volume 4099, Page 56,
TCDR;
THENCE, N 890 26' 00" E, 297.20 feet to a point;
THENCE, N 000 58' 00" W, 1694.08 feet to a point;
THENCE, N 890 29' 34" W, 1763.08 feet to a point;
THENCE, N 000 31' 23" W, 195.56 feet to a point;
THENCE, N 000 35' 32" E, 490.77 feet to a point;
THENCE, S 890 26' 48" W, 2047.20 feet to the POINT OF BEGINNING;
THENCE, N 000 12' 18" W, 1546.40 feet to a point;
THENCE, N 890 34' 57" E, 300.00 feet to a point;
THENCE, S 000 12' 18" E, 1545.70 feet to a point;
THENCE, S 890 26' 57" W, 300.01 feet to the POINT OF BEGINNING
and containing 463,815 square feet or 10.6477 acres of land
more or less.
ORDINANCE NO. 678, PAGE FOUR OF TWELVE
SECTION 4: The zoning classification of the following described property,
now zoned "R -l" Single Family Dwelling District be changed to "R -4" Multi -
Family Dwelling District, with "CUD" for Conforming Housing not to exceed
418 units.
TRACT II
COMMENCING AT A POINT in the west line of the R. Crowley
Survey, A -312, and being a point on the northwest corner of
a 94.5 acre tract as recorded in Volume 4099, Page 56, TCDR:
THENCE, N 890 26' 00" E, 297.20 feet to a point;
THENCE, N 000 58' 00" W, 1694.08 feet to a point;
THENCE, N 890 29' 34" E, 1763.08 feet to a point;
THENCE, N 000 31' 23" W, 195.56 feet to a point,
THENCE, N 000 35' 32" E, 490.77 feet to a point;
THENCE, S 890 26' 48" W, 2047.20 feet to the POINT OF BEGINNING;
THENCE, N 000 12' 18" W, 892.88 feet to a point, said point being
the beginning of a curve to the left having a central angle of
000 46' 02 ", a radius of 750.00 feet, a tangent of 5.02 feet,
a chord bearing of S 54° 49' 17" E, and a chord length of 10.04
feet;
THENCE, along said curve to the left, an arc length of 10.04 feet
to the point of tangency;
THENCE, S 550 12' 18" E, 183.32 feet to a point, said point being
the beginning of a curve to the left having a central angle of
35° 00' 00 ", a radius of 500.00 feet, a tangent of 157.65 feet,
a chord bearing of S 72° 42' 18" E, and a chord length of 300.71
feet;
THENCE, along said curve to the left an arc length of 305.43 feet
to the point of tangency;
THENCE N 890 47' 42" E, 558.59 feet to a point, said point being
the beginning of a curve to the right having a central angle of
28° 34' 42 ", a radius of 800.00 feet, a tangent of 203.76 feet,
a chord bearing of S 75° 54' 57" E, and a chord length of 394.90
feet;
THENCE, along said curve to the right an arc length of 399.03 feet
to the point of tangency;
ORDINANCE NO. 678, PAGE FIVE OF TWELVE
THENCE, S 61° 37' 36" E,
the beginning of a curve
07° 45' 21 ", a radius of
chord bearing of S 57° 4
THENCE, along said curve
to a point;
THENCE, S 000 35' 32" W,
THENCE, S 890 26' 57" W,
and containing 1,148.471
more or less.
325.78 feet
to the right
700.00 feet,
V 56" E, and
to the right
376.87 feet
1747.19 feet
square feet
to a point, said point being
having a central angle of
a tangent of 47.45 feet, a
a chord length of 94.68 feet;
an arc length of 94.75 feet
to a point;
to the POINT OF BEGINNING
Dr 26.3653 acres of land
SECTION 5: The zoning classification of the following described property,
now zoned "R -1" Single Family Dwelling District, be changed to "R -5" Multi -
Family Dwelling District, with "CUD" for Conforming Housing not to exceed
1628 units.
TRACT TTT
COMMENCING AT A POINT in the west line of the R. Crowley
Survey, A -312, and being a point on the northwest corner
of a 94.5 acre tract as recorded in Volume 4099, Page 56,
TCDR:
THENCE, N 890 26' 00" E, 297.20 feet to the POINT OF BEGINNING;
THENCE, N 000 58' 00" W, 200.16 feet to a point;
THENCE, S 890 26' 00" W, 297.20 feet to a point;
THENCE, N 000 58' 00" W, 73.28 feet to a point;
THENCE, N 89° 26' 00" E, 297.20 feet to a point;
THENCE, N 000 58' 00" W, 1420.64 feet to a point;
THENCE, N 890 29' 34" E, 1763.08 feet to a point;
THENCE, N 000 31' 23" W, 195.56 feet to a point;
THENCE, N 000 35' 32" E, 361.72 feet to a point; said point being
the beginning of a curve to the right having a central angle of
06° 05' 24 ", a radius of 1500.00 feet, a tangent of 79.79 feet, a
chord bearing of S 43° 39' 15" E, and a chord length of 159.36 feet;
THENCE, along said curve to the right, an arc length of 159.44
feet to the point of tangency;
ORDINANCE NO. 678, PAGE SIX OF TWELVE
THENCE, S 400 36' 33" E, 500.43 feet to a point, said point
being the beginning of a curve to the left having a central angle
of 82° 35' 38 ", a radius of 120.00 feet, a tangent of 105.41 feet,
a chord bearing of S 81° 54' 22" E, and a chord length of 158.39 feet;
THENCE, along said curve an arc length of 172.98 feet to a point;
THENCE, N 560 47' 49" E, 4.59 feet to a point;
THENCE, S 000 12' 11" E, 428.60 feet to a point;
THENCE, S 000 22' 21" E, 201.06 feet to a point;
THENCE, S 000 38' 00" E, 28.91 feet to a point;
THENCE, S 890 22' 00" W, 27.59 feet to a point, said point being
the beginning of a curve to the left having a central angle of
24° 10' 00 ", a radius of 700.00 feet, a tangent of 149.85 feet,
a chord bearing of S 770 17' 00" W, and a chord distance of 293.07
feet;
THENCE, along said curve an arc length of 295.25 feet to the point
of tangency;
THENCE, S 650 12' 00" W, 221.82 feet to a point, said point being
the beginning of a curve to the right, having a central angle of
04° 33' 37 ", a radius of 750.00 feet, a tangent of 29.86 feet, a
chord bearing of S 67° 28' 48" W, and a chord length of 59.68 feet;
THENCE, along said curve to the right, an arc length of 59.69 feet
to a point;
THENCE, S 350 04' 00" E, 102.54 feet to a point;
THENCE, S 010 26' 00" W, 170.00 feet to a point;
THENCE, S 170 04' 00" E, 230.00 feet to a point;
THENCE, S 890 26' 00" W, 1003.70 feet to a point;
THENCE, S 000 58' 00" E, 420.00 feet to a point;
THENCE, S 890 26' 00" W, 891.60 feet to the POINT OF BEGINNING
and containing 3,230.588 square feet or 74.1641 acres of land
more or less.
ORDINANCE NO. 678, PAGE SEVEN OF TWELVE
Section 6: The zoning classification of the following described property
now zoned "R -1" Single Family Dwelling District, be changed to "R -3" Multi -
Family Dwelling District, with "CUD" for Conforming Housing.
TRACT IV
COMMENCING AT A POINT in the west line of the R. Crowley
Survey, A -312, and being a point on the northwest corner
of a 94.5 acre tract, as recorded in Volume 4099, Page 56,
TCDR:
THENCE, S 890 26'
THENCE, N 00° 58'
THENCE, N 000 48'
THENCE, N 000 09'
THENCE, N 890 29'
THENCE, S 000 30'
THENCE, N 890 29'
THENCE, N 000 30'
THENCE, N 890 29'
THENCE, S 000 58'
THENCE, S 890 26'
and containing 40
more or less.
00"
00"
00"
30"
34"
2611
34"
26"
34"
00"
00"
1,25
W,
W,
W,
W,
E,
E,
E,
W,
E,
E,
W,
9 s
25.00 feet
420.00 feet
170.60 feet
1103.8 feet
95.00 feet
11.00 feet
10.00 feet
11.00 feet
201.13 feet
1274.08 feet
322.20 feet
quare feet or
II.
to a point;
to the POINT OF BEGINNING;
to a point;
to a point;
to a point;
to a point;
to a point;
to a point;
to a point;
to a point;
to the POINT OF BEGINNING
9.2116 acres of land
The plan submitted by Applicant and dated June 26, 1981, shall
be incorporated in this ordinance by reference and made a part hereof for
all purposes as now set forth in full. Such plan dated June 26, 1981,
shall be applicable only to the property hereby rezoned, and is on file
in the City of Euless Zoning Records and file attached to Zoning Case
No. 348.
ORDINANCE NO. 678, PAGE EIGHT OF TWELVE
III.
The applicable uses of land pursuant to Section 7 -1100,
City of Euless Zoning Ordinance No. 347, to be subject to the con-
ditions as hereinafter set forth.
SECTION la: USES PERMITTED ON TRACT I - Uses permitted on the northern
6.86 net acre tract shall be iimited to residential housing as permitted
in the "R -3" Zoning District of the City of Euless Zoning Ordinance up
to a maximum density of twelve units per acre provided that the individ-
ual lot width, lot depth, and lot area standards may be reduced not to
exceed twenty -five percent 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
3.79 acre proposed permanent community open space in conformance with
Section 7- 1111(2) City of Euless Zoning Ordinance.
SECTION lb: Uses permitted as listed above in Section la and as permitted
in the "R -3" Zoning District of the Euless Zoning Ordinance shall include
the following:
No single family detached housing will be permitted;
"R -2" uses to conform to "R -2" standards;
"R -3" uses to conform to "R -3" standards.
SECTION 2a: USES PERMITTED ON TRACT II - Uses permitted on the northern
16.92 net acre tract shall be limited to residential housing as permitted
in the "R - -4" Zoning District of the Euless Zoning Ordinance up to a maximum
density of twenty -five units per acre provided that the individual lot width,
lot depth, and lot area standards may be reduced not to exceed twenty -five
percent from the standards established in the applicable section of the City
of Euless Zoning Ordinance and further provided thatthe sum of these reductions
in individual lot area shall not exceed the 9.44 acre proposed permanent
community open space in conformance with Section 7- 1111(2) City of Euless
Zoning Ordinance.
SECTION 2b: Uses permitted as listed above in Section 2a and as permitted
in the "R -4" Zoning District shall include the following:
No single family detached housing will be permitted;
"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.
SECTION 3a: USES PERMITTED ON TRACT III - Uses permitted on the southern
60.31 net acre tract shall be limited to residential housing as permitted
in the "R -5" Zoning District of the City of Euless Zoning Ordinance up to
a maximum density of twenty -seven units per acre provided that the individual
lot width, lot depth, and lot area standards may be reduced not to exceed
twenty -five percent from the standards established in the applicable section
of the Euless Zoning Ordinance and further provided that the sum of these
reductions in individual lot area shall not exceed the 13.85 acre proposed
permanent community open space in conformance with Section 7- 1111(2) City
of Euless Zoning Ordinance.
ORDINANCE NO. 678, PAGE NINE OF TWELVE
SECTION 3b: Uses permitted as listed above in Section 3a and as permitted
in the "R -5" Zoning District shall include the following:
No single family detached housing will be permitted;
"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;
"R -5" uses to conform to "R -5" standards.
SECTION 4: USES PERMITTED ON TRACT IV - Uses permitted on the 9.22 acre
tract shall be limited to residential housing as permitted in the "R -3"
Zoning District of the Euless Zoning Ordinance up to a maximum density
of twelve units per acre. These uses shall include the following:
No single family detached housing will be permitted;
"R -2" uses to conform to "R -2" standards;
"R -3" uses to conform to "R -3" standards.
SECTION 5: Should the standards and /or uses allowed in any of the zoning
districts referenced above in Sections la through 4 be amended by the Euless
City Council through appropriate revision procedures, then same amendments
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 - IV listed above.
SECTION 6: PERMANENT COMMUNITY OPEN SPACE CONDITIONS - Permanent Community
Open Space shall consist of at least the following acreages:
Tract I 3.79 acres
Tract II 9.44 acres
Tract III 13.85 acres
SECTION 7: Said Permanent Community Open Space as listed in Section 6 shall
be used for only recreational and /or passive open space uses either as a future
City Park or, should the Park not be accepted by the City, as a recreational
green belt integral to the residential Community Unit Development.
SECTION 8: Should the Permanent Community Open Space not be accepted as a
City Park, the developer shall submit a perpetual maintenance agreement to
City standards with the Final Plat of the property.
SECTION 9: 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 encroachments of the
100 -year proposed flood plain by structures of any kind.
SECTION 10: The developer will clear the proposed park area of brush and
large obstructions so that it may be mowed. However, the developer will
not be required to cut creek embankments to any assigned slope.
ORDINANCE NO. 678, PAGE TEN OF TWELVE
SECTION 11: The Parks Department will require a minimum width of dedication of
fifty feet to the cneterline of the creek.
SECTION 12: The developer will provide and place border landscaping to meet
specifications of the Euless Park Department along the perimeter of the pro-
posed City Park should the City accept the proposed park.
ADDITIONAL SITE PLAN REQUIREMENTS
SECTION 13: 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.
SECTION 14: The developers of the tracts on either side of the proposed City
Park will provide one additional means of access from the north and same from
the south. Said points of access shall be clearly shown on a site plan to be
submitted for review of the City Staff, Park Board, and Planning and Zoning
Commission, and City Council. Said submittal shall be made with Final Plat
of the affected tracts of land.
SECTION 15: At the time of construction, the builders shall construct all units,
within the then current Noise Zone B with the "Sound Control Specifications" as
called out in Appendix A of the report titled "Sound Control Recommendations for
a Multi - Family Residential Division in the City of Euless, Texas" prepared by
Joiner Pelton Rose, Inc., dated April 15, 1981.
SECTION 16: The developer shall submit an executed avigation easement to meet
City standards for same with any final plat of any increment of the subject
properties.
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 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 unconstititional
phrase, clause, sentence, paragraph, or section.
ORDINANCE NO. 678, PAGE ELEVEN OF TWELVE
1vf
Penalty for Violation. Any person violating the provisions of this
ordinance, or the amendments to the City of Euless 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 to the City of Euless Charter and the
Statutes of the State of Texas.
Up
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 25th day of August, 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 8th day of September, 1981, by a vote of 5
ayes, 0 nays, and 0 abstentions.
APPROVED:
Harold D. Samuels, Mayor
ATTEST:
Kay
APPROVED AS 0 CON
Ken Flynn, D'rec of
Planning & Develo e
ORDINANCE NO. 678, PAGE TWELVE OF TWELVE