HomeMy WebLinkAbout730 01-25-1983ORDINANCE NO. 730
AN ORDINANCE AMENDING ORDINANCE NO. 347, IDEN-
TIFIED AS THE ZONING ORDINANCE OF THE CITY OF
EULESS, TEXAS; AMENDING THE CITY OF EULESS ZON-
ING MAP; PROVIDING FOR A CHANGE OF ZONING FROM
"R -1" SINGLE FAMILY DWELLING DISTRICT, "R -3" MULTI-
FAMILY DWELLING DISTRICT WITH "CUD" FOR CON-
FORMING HOUSING, AND "C -2" COMMUNITY BUSINESS
DISTRICT TO "R -5" MULTI - FAMILY DWELLING DISTRICT
WITH "CUD" FOR CONFORMING HOUSING AND "C -1"
NEIGHBORHOOD BUSINESS DISTRICT ON CERTAIN PRO-
PERTY OUT OF THE R. CROWLEY SURVEY, A -312; PRO-
VIDING FOR THE DEVELOPMENT OF SUCH TRACTS OF
LAND ACCORDING TO APPROVED SITE PLANS; PRO-
VIDING 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:
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 property described herein, now zoned
"R -1" Single Family Dwelling District, "R -3" Multi- Family Dwelling District with
"CUD" for Conforming Housing, and "C -2" Community Business District be
changed to "R -5" Multi- Family Dwelling District with "CUD" for Conforming
Housing and "C -1" Neighborhood Business District, as specifically set forth in the
site plan as submitted by Applicant and dated November 1982, which plan is on
file in the City of Euless Zoning Records and file attached to Zoning Case No.
380.
TRACT C -- "C -1" ZONING
BEING a tract of land out of the R. Crowley Survey, Abstract No. 312, Tarrant
County, Texas, and being more particularly described as follows:
BEGINNING at a point on the east line of Fuller -Wiser Road, being N 89 degrees
12' 00" E, 25.00' and S 00 degrees 48' 00" E, 40.00 feet from the intersection of
the centerline of Fuller -Wiser Road with the centerline of Ash Lane;
THENCE
N
89 degrees 12'
00"
E, 296.81 feet to a point;
THENCE
S
00 degrees 58'
00"
E, 278.47 feet to a point;
THENCE
S
89 degrees 26'
00"
W, 297.20 feet to a point, on the east line of
Fuller -Wiser
Road;
beginning of a
curve to the left having a central angle of 04 degrees 33' 3711, a
THENCE
N
00 degrees 58'
00"
W, 146.49 feet along the east line of Fuller -Wiser
Road to
an
angle point;
degrees 12' 00" E, 221.82 feet to a point, said point being the
beginning of a
THENCE
N
00 degrees 48'
00" W, 130.77 feet along the east of Fuller -Wiser Road
to the Point of Beginning
and
containing 1.8952 acres or 82,555 square feet of
land.
THENCE N 89
degrees 22' 00" E, 27.59 feet to a point;
THENCE S 00
degrees 38' 00" E, 650.00 feet to a point;
TRACT B -1 -- "R -5 WITH CUD" ZONING
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, Deed
Records of Tarrant County, Texas:
THENCE N 89
degrees 26' 00" E, 1188.80 feet to a point;
THENCE N 00
degrees 58' 00" W, 420.00 feet to a point;
THENCE N 89
degrees 26' 00" E, 1003.70 feet to the POINT OF BEGINNING;
THENCE N 17
degrees 04' 00" W, 230.00 feet to a point;
THENCE N O1
degrees 26' 00" E, 170.00 feet to a point;
THENCE N 35
degrees 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 degrees 33' 3711, a
radius of 750.00 feet, a tangent of 29.86, a chord bearing of N 67 degrees 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 65
degrees 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 degrees 10' 00 ",
a radius of 700.00 feet, a tangent of 149.85 feet, a chord bearing of N 77 degrees
17' 00" E, and
a chord distance of 293.07 feet;
THENCE along
said curve to the right, an arc length of 295.25 feet to the point
of tangency;
THENCE N 89
degrees 22' 00" E, 27.59 feet to a point;
THENCE S 00
degrees 38' 00" E, 650.00 feet to a point;
THENCE S 89
degrees 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.
ORDINANCE NO. 730, PAGE TWO OF SIX
TRACT B -2 -- "R -5 WITH CUD" ZONING
Being a tract of land situated in the R. Crowley Survey, A -312, Tarrant County,
Texas, and being a part of a 101.6 acre tract recorded in Volume 149, Page 208,
Deed Records of Tarrant County, Texas, and being more particularly described as
follows:
Beginning at a point lying on the east side of Fuller -Wiser Road, said point being
N 89 degrees 26' 00" E, 25.00 feet
from the southwest corner of said 101.6 acre
tract;
to "R -2"
standards;
"R -3" uses
THENCE N
00 degrees 58'
00" W,
200.16 feet along the east line of Fuller -Wiser
Road to a
point;
standards;
"R -5" uses
THENCE N
89 degrees 26'
00" E,
297.20 feet to a point;
THENCE S
00 degrees 58'
00" E,
200.16 feet to a point;
THENCE S
89 degrees 26'
00" W,
297.20 feet to the POINT OF BEGINNING and
containing
1.3656 acres or
59.486
square feet of land.
II.
The 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 plan shall be applicable only to the property hereby rezoned.
III.
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.
1 -A Uses Permitted on Tracts B -1 and B -2
Uses permitted on the southeastern 5.37 net acre tract (Tract B -1) and the
southwestern 1.37 net acre tract (Tract B -2) shall be limited to 182 residential
housing units as permitted in the "R -5" Zoning District of the Euless Zoning
Ordinance up to a maximum density of twenty -seven (27) 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 Euless Zoning Ordinance and further provided that the
sum of these reductions in individual lot area shall not exceed the 1.63 acre
proposed permanent community open space in the conformance with Section 7-
1111 (2) City of Euless Zoning Ordinance.
1 -B Uses permitted as listed above in Condition 1 -A 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.
ORDINANCE NO. 730. PAGE THREE OF SIX
PERMANENT COMMUNITY OPEN SPACE CONDITIONS:
2 Permanent Community Open Space shall consist of at least the following
acreages: Tract B -1 & B -2 -- 1.63 Acres.
3 Said Permanent Community Open Space as listed in Condition No. 2 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.
4 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.
5 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.
6 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.
7 The Parks Department of the City of Euless will require a minimum width
of dedication of fifty (50) feet to the centerline of the creek.
8 The developer will provide and place border landscaping to meet specifications
of the Euless Park Department along the perimeter of the proposed City park
should the City accept the proposed park.
ADDITIONAL SITE PLAN REOUIREMENTS
9 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.
10 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 & Zoning Commission, and City
Council, said submittal shall be made with Final Plat of the affected tracts of
land.
ORDINANCE NO. 730, PAGE FOUR OF SIX
11 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.
12 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 uncon-
stitutional 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, or 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 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 ($200.00) Dollars, 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 11th day of January, 1983, by a vote of 4 ayes, 0 nays,
and 0 abstentions.
GIVEN SECOND READING, PASSED, AND APPROVED at a regular
meeting of the Euless City Council on the 25th day of January, 1983, by a vote
of 5 ayes, 0 nays, and 0 abstentions.
APPROVED:
Harold D. Samuels, Mayor
ORDINANCE NO. 730, PAGE FIVE OF SIX
ATTEST:
Kay Winey, City ret ry
ty Attor
APPROVED AS TO CONTENT:
- A Ut,4 k/ "
James Knight, City Engineer
ORDINANCE NO. 730, PAGE SIX OF SIX