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Home My WebLink About766 11-08-1983ORDINANCE NO. 766 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 TO "C -2" COMMUNITY BUSINESS DISTRICT AND "R -5" TIULTI- FAMILY DWELLING DISTRICT WITH "CUD" FOR CON- FORMING HOUSING LIMITED TO 18.4 UNITS TO THE ACRE ON CERTAIN PROPERTY OUT OF THE LEVI FRANKLIN SURVEY, A -513; PROVIDING FOR THE DEVELOPMENT OF SUCH TRACT OF LAND ACCORDING TO APPROVED SITE PLANS; PROVIDING FOR A SEVERABII.ITY CLAUSE; PRO- VIDING A PENALTY AND AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1 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 in Exhibit A, attached hereto and made a part hereof as fully as if set forth herein, now zoned "R -1" Single Family Dwelling District he changed to "C -2" Community Business District on Site "A" and "R- 5" Multi- Family Dwelling District with "CUD" for Conforming Housing limited to 18.4 units to the acre on Site "B ", as specifically set forth in the site plan with a revised date of October 25, 1963. Such plan as submitted by Applicant shall be on file in the City of Euless Zoning Records and file attached to Zoning Case No. 414. SECTION 2 The applicable uses of land described as Site "O" pursuant to Section 7 -312, City of Euless Zoning Ordinance No. 347 are to be subject to the conditions as set forth in Exhibit B attached hereto and made a part hereof for all purposes as set forth herein. 1 SECTION 3 Said site plan with the revised date of October 25, 1983, as submitted by Applicant shall be incorporated in this ordinance as Exhibit C 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. SECTION 4 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 riot affect any of the remaining phrases, clauses, sentences, paragraphs, or sec- tions 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, para- graph, or section. SECTION 5 Penalty for Violation. Any person, firm, or corporation vio- lating the terms and provisions of this ordinance, or the amendments to the City of Euless Charter hereby made, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be liable to a fine in an amount not to exceed Two Hundred ($200.00) Dollars, and each day such violation shall be per- mitted 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. SECTION 6 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 October, 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 8th day of November, 1983, by a vote of ,5 ayes, D nays, and e abstentions. ORDINANCE NO. 766, PAGE TWO OF SEVEN EXHIBIT A TO ORDINANCE NO. 766 FTFI n MOTR9 SITE A Being a tract of land situated in the Levi Franklin Survey, Abstract No. 513, Tarrant County, Texas, and being-more particularly described as follows: Beginning at an iron pin being by deed about east a distance of 500 feet., south a dlstauce of '11i4.0 Ceet,'end N 89° 21' E, a distance of 99.03 feet from the northwest corner of said Levi Franklin Survey and being in the east R.O.W. of State Highway 121 and F.M. Highway 157; Thence, N 89° 21' 00" E. 500.00 feet to a point; Thence, S 210 23' 47" W, 813.87 feet to a point; Thence, S 890 21' 35" W, 287 36 feet to a point in the east R.O.W. line of State Highway 121, said point being the point of curvature of curve to the right having a central angle of 13° 43' 49 ", a radius of 2p,34.79 feet, a tangent iength of 341.30 feet, a chord bearing of N OS° 38' 37" E and a chord distance of 677.70 feet; Thence, wits said curve 679.33 feet to a point being the point of reverse curvature of a curve to the left having a central angle of 000 24' 21" a radius of 11,689.16 feet, a tangent length of 41.40 feet, a chord bearing of N 120 18'23" E, and a chord distance of 52.80 feet; Thence, with said curve, 82.80 feet to the POINT OF EBGINNING and containing 7.103 acres (309,413 square feet) of land. FIELD NOTES SITE "B" Beir,, a tract of land situated in the Levi Franklin -Survey, Abstract No. 513, Tarrant. County, Texas, and being more particularly described as follows: Beginning at an iron rod being by deed east a distance of 50.0 feet, south a distance of 754.0 feet, N 890 21' E a distance of 99.03 feet and N 890 21' 00" E 300.00 feet from the northwest corner of' said Levi Franklin Survey; Thence, N 890 21' 00" Thence, S 000 26' 15" Thence, S 000 00' 35" Thence, S 89° 21' 35" Thence, N 210 23' 47" 17_D91 acres E, E, W, W, E, (52 547 377 377 847 813 6,66 47 feet to a point; 20 feet to a point; 33 feet to a point; 22 feet to a point; 87 feet to the POINT OF BEGINNING and containing square feet) of land. ORDINANCE NO. 766, PAGE THREF OF SEVFN EXHIBIT B TO ORDINANCE NO. 766 A) SITE PLAN REQUIREMENIS FOR ZONING CASE NO. 414 1 -A) Uses permitted on Site A -- Uses permitted on the tract shall be limited to "C -2" Community Business District uses as permitted in Euless Zoning Ordinance No. 347. 1 -B) Uses permitted on Site B -- Uses permitted on the tract shall be limited to residnetial housing units as permitted in the "R -5" Zoning District of Euless Zoning Ordinance No. 347, up to a maximum number of 260 units. 1 -C) Uses permitted as listed above in Condition 1 -B and as permitted in the "R -5" 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; R -5 uses to conform to R -5 Standards. B) ADDITIONAL SITE PLAN REQUIREMENTS 2) 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 condi - tions hereby set. Said detailed Site Plan shall conform to the requirements of Section 7 -1100 and 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 Euless Zoning Ordinance No. 347. C) PERMANENT COMMUNITY OPEN SPACE CONDITIONS 3) Permanent Community Open Space shall be used only for recrea- tional and /or passive open space uses as a recreational green belt integral to the residential Community Unit Development. 4) The developer shall submit a perpetual maintenance agreement to City standards with the final plat of the property. ORDINANCE NO. 766, PAGE FOUR OF SEVEN 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 he no encroachments of the 100 -year flood plain by structures of any kind. 6) The developer will clear the proposed open space 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. D) SPECIAL NOTES 7) A screening line of Japanese Ligustrums (minimum of 3 feet in height) to be provided along the eastern border. 8) No development or disturbance of any type to be allowed within 25 feet of the eastern property line. 9) A screening fence, per Section 8 of Ordinance No. 347, to be provided along the eastern boundary. 10) Units along the eastern boundary shall be limited to a two - story maximum. ORDINANCE NO. 766, PAGE FIVE OF SEVEN LOCATION _MAP TRACT EXHIBIT C TO ORDINANCE 766 3 1 SITE PLAN FOR ZONING CASE NO. 414 REQUEST FOR R -5 CUD & C -2 SITE SURVEY OF A 19.194 ACRE TRACT OUT OF THE LEVI FRANKLIN SURVEY ABST. NO. 513 TARRANT COUNTY ,TEXAS ' FORa 1 ( BROWNING PROPERTY CO. 4887 ALPHA, SUITE 285 DALLAS ,TEXAS 75234 BY i WASIIING7'ON /NVALLACI�, INC. ENGINEERS -PLANNERS -SURVEYORS 803 FOREST RIDGE DR., SUITE 208 BEDFORD, TEXAS 76021 - (817) 5712655 REVISED: 10 -25 -83 ORI11NI1NC1 NH. 766 PAGE S l \ Of SLVLN APPROVED: Harold D. Samuels, Mayor ATTEST: Kay Y ine , City Lq ecretary APPROVED.AS TO FORM; ity Attorne APPROVED AS TO CONTENT: c"�M, _ James Knight, City Engineer ORDINANCE NO. 766, PAGE SEVEN OF SEVEN