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HomeMy WebLinkAbout686 11-10-1981ORDINANCE NO. 686 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 "C -1" NEIGHBORHOOD BUSINESS DISTRICT AND "R -3" AND 11R -5" MULTI - FAMILY DWELLING DISTRICT WITH "CUD" FOR CONFORMING HOUSING FOR CERTAIN PROPERTY OUT OF THE SAMUEL TUCKER SURVEY; 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 "C -1" Neighborhood Business District and "R -3" and "R -5" Multi- Family Dwelling District with "CUD" for Conforming Housing. TRACT A - FOR "C -1" NEIGHBORHOOD BUSINESS DISTRICT BEING a tract of land out of the Samuel Tucker Survey, Abstract No. 1512, Tarrant County, Texas, and being more fully described as follows: COMMENCING at the Southwest corner of said Tucker Survey; THENCE: North, with the West line of said survey, a distance of 1,319.44 feet to the point of beginning of the tract being described; THENCE: North, a distance of 466.69 feet to a point; THENCE: North, 89° 14' 24" East, a distance of 466.69 feet to a point; THENCE: South, a distance of 466.69 feet to a point; THENCE: South 89° 14' 24" West a distance of 466.69 feet to the point of beginning and containing 5.0 acres (217,800 square feet) of land, more or less. TRACT I - FOR "R -3" MULTI- FAMILY DWELLING DISTRICT WITH "CUD" FOR CONFORMING HOUSING BEING a tract of land out of the Samuel Tucker Survey, Abstract No. 1512, Tarrant County, Texas, and being more fully described as follows: COMMENCING at the Southwest corner of said Tucker Survey; THENCE: North, with the West line of said survey, a distance of 1786.13 feet to the point of beginning of the tract being described; THENCE: North, a distance of 358.31 feet to a point; THENCE: North, 89° 14' 24" East, a distance of 300.00 feet to a point; THENCE: South, a distance of 358.31 feet to a point; THENCE: South, 89° 14' 24" West, a distance of 300.00 feet to the point of beginning and containing 2.47 acres (107,493 square feet) of land, more or less. TRACT II - FOR "R -5" MULTI- FAMILY DWELLING DISTRICT WITH "CUD" FOR CONFORMING HOUSING BEING a tract of land out of the Samuel Tucker Survey, Abstract No. 1512, Tarrant County, Texas, and being more fully described as follows: COMMENCING at the Southwest corner of said Tucker Survey; THENCE: North, with the West line of said survey, a distance of 1786.13 feet to a point; THENCE: North, 89° 14' 24" East, a distance of 300.00 feet to the point of beginning of the tract being described; THENCE: North, 358.31 feet to a point; ORDINANCE NO. 686, PAGE TWO OF SIX THENCE: North, 89° 14' 24" East, a distance of 492.00 feet to a point; THENCE: South, a distance of 825.00 feet to a point; THENCE: South, 89° 14' 24" West, a distance of 325.31 feet to a point; THENCE: North, a distance of 466.69 feet to a point; THENCE: South, 89° 14' 24" West, a distance of 166.69 feet to a point of beginning and containing 7.53 acres (328, 107 square feet) of land, more or less. II. The site plan submitted by Applicant 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 shall be applicable only to the property hereby rezoned. Said site plan dated September 2, 1981, is on file in the City of Euless Zoning Records and file attached to Zoning Case No. 349. 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 Ia. Uses Permitted on Tract I - Uses permitted on the 2.47 net acre tract shall be limited to 29 residential housing units as permitted in the "R -3" Zoning District of the City of Euless Zoning Ordinance up to a maximum density of twelve (12) units per acre. No reduction of minimum individual lot width, lot depth and lot area standards shall be permitted. lb. Uses permitted as listed above in Condition No. la and as permitted in the "R -3" Zoning District of the Euless Zoning Ordinance shall include the following: No single- family detached dwelling shall be permitted. "R -2" uses to conform to "R -2" standards. "R -3" uses to conform to "R -3" standards. Townhome uses to comply to Section 7 -309 standards. ORDINANCE NO. 686, PAGE THREE OF SIX 2a. Uses Permitted on Tract II - Uses permitted on the 7.53 net acre tract shall be limited to 131 residential housing units as permitted in the "R -5" Zoning District of the Euless Zoning Ordinance up to a maximum density of (17.39) units per acre. No reduction of minimum individual lot wid- th,lot depth and lot area standards shall be permitted. 2b. Uses permitted as listed above in Condition No. 2a. and as permitted in the "R -5" Zoning District shall include 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. "R -4" uses to conform to "R -4" standards. "R -5" uses to conform to "R -5" standards, except that maximum density shall conform to Condition 2a above. 3. Should the standards and /or uses allowed in any of the zoning districts referenced above in Conditions 1 through 2 be amend- ed by the Euless City Council through appropriate revision procedures, then same amendments shall automatically become binding conditions integral to the CUD Site Plan, should they occur prior to issuance of Building Permits for construction upon Tracts I and II listed above. ADDITIONAL SITE PLAN REQUIREMENTS 4. 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. ORDINANCE NO. 686, PAGE FOUR OF SIX 5. 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. 6. The developer shall limit the construction of these tracts of land herein described to a total unit number not to exceed one hundred sixty (160) units, per the recommendation of the Planning and Zoning Commission in their meeting of September 15, 1981, and the Euless City Council recommendation in their meeting of October 13, 1981. 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any 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 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. 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 5 ayes, 0 nays, 13th day of October, 1981, by vote of and 0 abstentions. ORDINANCE NO. 686, PAGE FIVE OF SIX GIVEN SECOND READING, PASSED, AND APPROVED at a regular meeting of the Euless City Council on the 10th day of November, 1981, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: arold D. Samuels, Mayor ATTEST: APPROVED TO FORM: Bob McFarland, APPROV AS TO CON Kent Flynn, DiAKct Planning & Development ORDINANCE NO. 686, PAGE SIX OF SIX