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HomeMy WebLinkAbout680 09-22-1981ORDINANCE NO. 680 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 -3" MULTI- FAMILY DWELLING DISTRICT WITH "CUD" FOR CONFORMING HOUSING FOR CERTAIN PROPERTY OUT OF THE R. CROWLEY SURVEY IN THE CITY OF EULESS; PROVIDING FOR DEVELOPMENT OF SUCH TRACT OF LAND ACCORDING 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. 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. The following described tract or parcel of land situated in the R. Crowley Survey, A -312, Tarrant County, Texas, and being the same tract as recorded on Page 42 of Volume 4844, in the Tarrant County Deed Records, and being more particularly described as follows: BEGINNING in the East line of Fuller -Wiser Road and being N 89° 14` E, a distance of 25.0 feet from the Northwest corner of a tract "Second Tract" as conveyed by deed to Karpenko & Snider, Inc., as recorded on Page 507 of Volume 5089, in the Tarrant County Deed Records; THENCE N 890 14' E, a distance of'70.0 feet; THENCE S 00 46'.E, a distance of 11.0 feet; THENCE N 890 14' E, a distance of 10.0 feet; THENCE N 00 46' W, a distance of 11.0 feet; THENCE N 890 14' E, a distance of 1963.66 feet to a corner of said Karpenko & Snider, Inc. tract; THENCE N 00 54' 05" W, a distance of 195.74 feet to the centerline of Little Bear Creek and being the most Northerly Northeast corner of said Karpenko & Snider, Inc. tract and being the most southerly Southwest corner of a 64.173 acre tract as recorded on Page 422 of Volume 5169, in the Tarrant County Deed Records; THENCE N 0° 12' W, along a West line of said 64.173 acre tract a distance of 487.33 feet to the Northeast corner of said tract as recorded on Page 42 of Volume 4844 in the Tarrant County Deed Records; THENCE S 89° 14' W, along the South line of said 64.173 acre tract and along the North line of said tract as recorded on Page 42 of Volume 4844, in the Tarrant County Deed Records, a distance of 2046.69 feet to the East line of said Fuller - Wiser Road; THENCE S 00 39' 20" E, along the East line of said Fuller - Wiser Road a distance of 683.05 feet to place of beginning, containing 32.059 acres or 1,396,482 square feet of land more or less; as specifically set forth in the site plan as submitted by Applicant and dated September 22, 1981, which plan is on file in the City of Euless Zoning Records and file attached to Zoning Case No. 347. II. The plan submitted by Applicant and dated September 22, 1981, shall be incorporated in this ordinance by reference and made a part hereof for all pur- poses as now set forth in full. Such plan dated September 22, 1981, shall be applicable only to the property hereby rezoned. III. The applicable uses of land pursuant to Section 7 -1108 through 7 -1111 and 7 -300 through 7 -310, City of Euless Zoning Ordinance No. 347, to be subject to the conditions as hereinafter set forth. ORDINANCE NO. 680, PAGE TWO OF SIX la. Uses Permitted on Tract A - Per City Council stipulations bf September 8, 1981, uses permitted on Tract A containing 1.49 net acres 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 12 units per acre and shall not be eligible for the lot size reduction provisions of Section 7- 1111(2). Housing constructed on Tract A shall be further limited to a single story in height. lb. Uses Permitted on Tract B - Per City Council stipulations of September 8, 1981, uses permitted on Tract B containing 1.989 gross acres 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 12 units per acre and shall not be eligible for the lot size reduction provisions of Section 7- 1111(2). Housing constructed on the sloping terrain of Tract B may be built to multi -story heights allowed in the "R -3" zoning district standards provided that the elevation of the roof line of these dwellings shall in no instance exceed the height of the roof line for the single story dwellings on Tract A. Ic. Uses Permitted on Tract C - Uses permitted on Tract C containing 28.922 gross acres shall be limited to residential housing as permitted in the "R -3" zoning district of the City of Euless Zoning Ordinance up to a maximum density of twenty -seven (27) units per net acre provided that the individual lot width, lot depth, and lot area standards may be reduced not to exceed twenty -five (25 %) 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 17.45 acre proposed Permanent Community Open Space (combined Tract B and C) in conformance with Section 7- 1111(2) City of Euless Zoning Ordinance. ld. Uses permitted in the "R -3" Zoning District of the Euless Zoning Ordinance and as restricted above in conditions la through lc shall include only the following: No single family detached dwellings shall be permitted. "R -2" uses to conform to "R -2" standards. "R -3" uses to conform to "R -3" standards. Townhome uses to conform to Section 7 -309 standards. 2. Should the standards and /or uses allowed in any of the zoning districts referenced above in Condition #1 be amended by the Euless City Council through appropriate revision procedures, then same amendments shall auto- matically become binding conditions integral to this CUD Site Plan should they occur prior to issuance of Building Permits for construction upon the tract listed above. 3. Permanent Community Open Space 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. ORDINANCE NO. 680, PAGE THREE OF SIX 4. The developer reserves the right to borrow fill material from within the Floodway to make fills within the area designated (Proposed Land Area to Reclaim) provided the excavation of said material is done in such a manner as to leave the "borrow areas" clean, smooth, free from pot holes and large earthern mounds and in a condition that would permit future mowing of these areas. Should right and any rights reserved to the developer to straighten the alignment of Little Bear Creek shall be conditioned to the right of review and prior written approval of any such plans by the Director of Planning & Development and the Director of Public Works of the City of Euless to predetermine that said excavations will not damage the useful- ness of the Permanent Community Open Space and will be done in compliance with the conditions herein established. 5. 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. 6. 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. 7. 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. 8. The Parks Department will require a minimum width of dedication of fifty (50) feet to the centerline of the creek. 9. The developer will provide and place border landscaping to meet specifica- tions of the Euless Park Department along the perimeter of the proposed City Park should the City accept the proposed park. 10. 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. ORDINANCE NO. 680, PAGE FOUR OF SIX 11. 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, Planning and Zoning Commission, and City Council. Said submittal shall be made with Final Plat of the affected tracts of land. 12. 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 Recommenda- tions for a Multi- Family Residential Division in the City of Euless, Texas" prepared by Joiner Pelton Rose, Inc., dated April 15, 1981. 13. 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 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 unconstitu- tional 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 unconstitutional phrase, clause, sentence, paragraph, or section. V. Penalty for Violation. Any person violating the provisons 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 Euless City Charter and the Statutes of the State of Texas. ORDINANCE NO. 680, PAGE FIVE OF SIX 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 8th day of September, 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 22nd day of September, 1981, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: a 60. Jwww� Harold D. Samuels, Mayor ATTEST: Kay Rai y, City Secre y APPROVED TO FORM: Bob McFarland, City Attorney APPROV AS TO ON Kent Flynn, D for of Planning & Development ORDINANCE NO. 680, PAGE SIX OF SIX