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HomeMy WebLinkAbout694 01-12-1982ORDINANCE NO. 694 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 -2" AND "R -4" MULTI - FAMILY DWELLING DISTRICT WITH "CUD" FOR CONFORMING HOUSING TO SAME WITH NEW SITE PLAN FOR CERTAIN PROPERTY OUT OF THE RAY SHELTON SUBDIVISION TO 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: 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 -2" and "R -4" Multi - Family Dwelling District with "CUD" for Conforming Housing be changed to same with a New Site Plan. BEING TWO TRACTS OF LAND OUT OF TRACTS 15 AND 16 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: TRACT A - PROPOSED R2 ZONING BEGINNING at the northeast corner of said Tract 16, said point being in the west ROW line of Fuller -Wiser Rd. (a 50' ROW) ; THENCE S 00 31' 50" E, 170.01 feet with the west line of Fuller -Wiser Rd., to a point for corner; THENCE N 890 45' 35" W, 170 feet from and parallel to the north line of said Tract 16, 1276.49 feet to a point for corner in the west line of said Tract 16; THENCE N 00 14' 20" E, 170.00 feet with the west line of said Tract 16 to a point for corner; THENCE S 890 45' 35" E with the north line of said Tract 16, 1274.21 feet to the POINT OF BEGINNING and containing 216,810 sq.ft. or 4.9773 acres of land. TRACT B - PROPOSED R4 ZONING BEGINNING S 00 31' 50" E, 170.01 feet from the northeast corner of said Tract 16; said point being in the west ROW line of Fuller -Wiser Rd. (a 50' ROW); THENCE S 00 31' 50" E, 477.66 feet with the west line of Fuller -Wiser Rd. to a point for corner; THENCE S 890 59' 41" W, with the south line of said Tract 15, 1282.93 feet to a point for corner in the west line of said Tract 15; THENCE N 00 14' 20" E, 483.11 feet with the west lines of said Tracts 15 and 16 to a point for corner; THENCE S 890 45' 35" E, 140 feet from and parallel to the north line of said Tract 16, 1276.49 feet to the POINT OF BEGINNING and containing 614,884 sq.ft. or 14,1158 acres of land 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 and shall be on file in the City of Euless Zoning Records and file attached to Zoning Case No. 356. ORDINANCE NO. 694, PAGE TWO OF FIVE II. The applicable uses of land pursuant to Section 7 -1100 and 7 -312, City of Euless Zoning Ordinance No. 347, to be subject to the conditions as hereinafter set forth. USES PERMITTED ON TRACT A 1. Uses permitted on the 4.9773 acre "R -2" tract shall be limited to 34 residential housing units as permitted in the "R -2" zoning district of the Euless Zoning Ordinance up to a maximum density of 6.83 units per acre, provided that no reduction in minimum individual lot width, lot depth, and lot area standards shall be permitted. These uses shall include the following: "R -1" uses to conform to "R -1" standards "R -2" uses to conform to "R -2 standards USES PERMITTED ON TRACT B 2. Uses permitted on the 14.1158 net acre tract shall be limited to 216 residential housing units as permitted in the "R -4" zoning district of the Euless Zoning Ordinance up to a maximum density of 15.30 units per acre, provided that no reduction of minimum individual lot width, lot depth, and lot area standards shall be permitted. 3. Uses permitted as listed above in Condition 2 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 ADDITIONAL SITE PLAN REQUIREMENTS 4. No residential driveways will be allowed to exit onto Fuller -Wiser Road or Ash Lane. 5. Should the standards and /or uses allowed in any of the zoning districts referenced above in Conditions 1 through 3 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 3 -4 listed above. ORDINANCE NO. 694, PAGE THREE OF FIVE 6. The total number of units to be constructed shall not exceed 250 units for Tracts A and B. 7. "R -2" lots shall be developed, including water and sewer, and a permit issued, prior to issuance of permits for apartments on "R -4" zoned land. III. 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 sever- able 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 unconstitutional phrase, clause, sentence, paragraph, or section. IV. 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. PRESENTED AND GIVEN FIRST READING at a regular meeting of the Euless City Council on the 8th day of December, 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 12th day of January, 1982, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: arold D. Samuels, Mayor ORDINANCE NO. 694, PAGE FOUR OF FIVE ATTEST: K4Ra* ey, ity Se etary APPROVED AS TO FORM: Bob McFarland, City A torney APPROVED AS TO CONT K-e-n-t Flynn, D recto o Planning & Deve end ORDINANCE NO. 694, PAGE FIVE OF FIVE