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HomeMy WebLinkAbout2269 02-09-2021 ORDINANCE NO. 2269 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 84, UNIFIED DEVELOPMENT CODE, AMENDING THE CITY OF EULESS ZONING DISTRICT MAP ON APPROXIMATELY 22.1 ACRES IN THE ALLEN M DOWNEN SURVEY, ABSTRACT NO. 415, TRACT 4B/4B02A/4B02 AND GREENLANDS SQUARE ADDITION, BLOCK A, LOT 1 BY CHANGING THE ZONING FROM COMMUNITY BUSINESS DISTRICT (C-2) AND TEXAS HIGHWAY 10 MULTI-USE DISTRICT (TX-10) INTO PLANNED DEVELOPMENT (PD) DISTRICT ZONING AS DESCRIBED HEREIN AND ON THE ATTACHED "EXHIBIT A"; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING A SEVERABILITY CLAUSE, PROVIDING A PENALTY FOR VIOLATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on February 2. 2021 , in conjunction with Zoning Case No. 20-06-PD, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, the City Council has conducted a public hearing on February 9, 2021 , considered the recommendation of the Planning and Zoning Commission, and has determined that the proposed change is in the best interest of the general welfare of the City of Euless. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. The official zoning district map of the City of Euless Texas, being a part of Chapter 84 of the Code of Ordinances be amended to read so that the zoning district classification of approximately 22.1 acres in the Allen M Downen Survey, Abstract No. 415; Tract 4B, 4B02A, 4B02 and Greenlands Square Addition, Block A, Lot 1, is changed from Community Business District (C-2) and Texas Highway 10 Multi-Use District (TX-10) into Planned Development (PD) District zoning as described herein and on the attached Exhibit A. Said property described above shall be subject to all the safeguards and conditions set forth within Section 2 of this Ordinance and on said Exhibit A or stipulated herein. Said Exhibit A shall be applicable only to the property described in herein. SECTION 2. DEVELOPMENT STANDARDS. It is hereby declared that the following development standards shall be applicable to the Planned Development zoning district. Except as provided by these PD Standards, development within this Planned Development District is governed by all applicable City regulations. In the event of any conflict or inconsistency between these PD Standards and the applicable City regulations, the terms and provisions of these PD Standards shall control. In the event a development standard or regulation is not addressed herein, the standards of Chapter 84 "Unified Development Code" and other City regulations apply. Local building codes, life safety codes, and all applicable Federal, State and Local regulations take precedence where any standard requires or recommends actions that are in conflict with such codes and regulations. A. Permitted Uses: Only uses listed in the Permitted Use Table below are permitted in the Planned Development District. If there is a question as to whether an unlisted use is permitted, the Director of Planning shall make a determination whether the use is permitted or prohibited. The following uses are permitted by right (P) or permitted through a Specific Use Permit (S) which will require the process specified through Article IV; Division 5, as amended in the City of Euless Unified Development Code. All uses listed below must be performed internal to the structure. Automotive repair and service uses as a class, are prohibited within this District. Sexually oriented businesses are prohibited within this district. Permitted Use Table Use Permitted Definition Healthcare P Establishments of health practitioners primarily engaged in the independent practice of general or specialized medicine or surgery, with the exception of outpatient mental health and substance abuse centers. These practitioners operate private or group practices in their own offices Manufacturing P The manufacturing of products from processed or Facility unprocessed raw materials, including processing, fabrication, assembly, treatment, and packaging of such products, and incidental storage, sales, and distribution of such products with the exception of paper mills, petroleum and coal products, chemical, plastics and rubber, nonmetallic mineral product, primary metal, motor vehicle, vehicle body and trailer, railroad rolling stock, ship and boat, and other transportation equipment. Office / P An establishment that engages in the processing, Administrative manipulation, or application of business information or professional expertise. Such an office may or may not offer services to the public. An office may include a contractor's office for the building trades. An office is not involved in fabricating, assembling, or warehousing of physical products for the retail or wholesale market, nor engaged in the repair of products or retail services. An office does not include bank or financial institution, government office, or industrial design. Ordinance No. 2269, Page 2 of 12 Use Permitted Definition Flex Commercial P Establishments which may provide a mix of office and warehousing /manufacturing that include Publishing, Internet and Data Processing, Professional, Scientific and Technical Services, Administrative and Support Services, Arts and Entertainment and Recreation excluding SIC 7999 uses, except sports instructional schools. Research and P Establishments primarily engaged in conducting research Development and experimental development in the physical, engineering, and life sciences, such as agriculture, electronics, environmental biology, botany, computers, chemistry, food, fisheries, forests, geology, health, mathematics, medicine, oceanography, pharmacy, physics, veterinary and other allied subjects. Retail P An establishment that provides physical goods, products, or merchandise directly to the consumer, where such goods are typically available for immediate purchase and removal from the premises by the purchaser. Retail uses specific to this Ordinance do not include the sale of motor vehicles, boat dealers, recreational and utility trailers, motorcycles, drinking establishments, novelty items, pawn shops, or used merchandise. Warehousing P An enclosed facility for the storage and distribution of manufactured products, supplies, and/or equipment. Wholesale P An establishment engaged in selling merchandise to the public, retailers or to commercial or professional business users; or to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies. This does not allow self-storage, automotive auctions, automotive dead storage, carrier trucking, wrecking and repossession services. Specialized Food S A business that specializes in the sale of certain food products, Production such as a coffee roaster, bakery, candy maker, meat market, catering business, cheesemonger, or fishmonger, and may offer areas for ancillary retail sales or restaurants that serve the products processed on-site. Specialty food service also includes preparation, processing, canning, or packaging of food products where all processing is completely enclosed and there are no outside impacts. Manufacturing S The manufacturing of, beverage, micro-breweries, micro- (Other distilleries, micro-wineries, tobacco, textiles, carpet and rug, Specialized) apparel, leather, clay product and refractory, and fabricated metal product. Golf Driving P A facility or area that primarily engaged in the operation of Range golf driving range. Permitted uses as set forth in this Planned Development Ordinance shall conform to the regulations contained in Section 84-184 Performance Standards. Ordinance No. 2269, Page 3 of 12 B. Setbacks and Lot Coverage: The setbacks and lot coverage criteria for this Planned Development are as follows in relation to distance from building: Lot Type PD Front Yard Setback 20 Feet FY Side Yard Setback 10 Feet SY Street Side Setback 15 Feet SSY Rear Yard Setback 20 Feet RY If the Rear or Side Yard is abutting to an industrial district, there shall be no setback requirement for that side of the building. Maximum Overall Impervious Coverage of all lots shall be limited to seventy-five (75%) percent of the total lot area. C. Maximum Height: The maximum height of any structures shall be fifty-five (55') feet to the top of the parapet. D. Parking Requirements: The minimum parking for the development will be at a ratio of one (1) parking space per one thousand (1,000) square feet gross floor area for buildings 150,000 square foot and smaller and one (1) parking space per one thousand five hundred (1,500) square feet gross floor area for buildings larger than 150,000 square foot in regards to the primary use, with the exception of the below: 1) Office / Retail / Healthcare one (1) parking space per three hundred (300) square feet gross floor area. 2) Research and Development one (1) parking space per three (300) square feet of space occupied as office/administrative and one parking space per one thousand (1000) square feet for remainder of space. 3) Restaurant one (1) parking space per two hundred (200) square feet gross floor area. 4) During evaluation of the individual applications for Certificate of Occupancy, and within a reasonable time period, the City will allocate available parking to each issued Certificate of Occupancy in accordance with the permitted use type. If a permitted use is unable to meet the parking requirements of this Ordinance, a Certificate of Occupancy will not be issued. E. Site Design Criteria: 1) Entrance drives must be clearly visible and intuitively located to the first time visitor. 2) Main building entries must be emphasized by accent features. Please see "Exhibit A" attached hereto to demonstrate potential accent features for industrial entries. 3) Architectural Walls: i. Architecture and site development must be coordinated and Ordinance No. 2269, Page 4 of 12 unified. ii. Each phase of a development project should be able to retain visual unity. 4) Building Massing and Form: i. All buildings must have a horizontal appearance. Horizontal bands via reveals and fascia must be used to minimize the vertical appearance of structures. Please see "Exhibit A" attached hereto. ii. At building entrances, building walls must be designed to create pedestrian scale exterior spaces by utilizing smaller wall segments, landscaping, wall texture, paint or shadow lines. Please see "Exhibit A" attached hereto. iii. Signage: Shall conform to Article VI, City of Euless Unified Development Code, signs and street graphics regulations with the additional following condition: the design, materials, and finish of a monument sign shall match those of the buildings on the same lot. Back-lit monument sign shall either incorporate or sit atop a pedestal constructed of masonry materials, as defined in Section 84-181 of the Euless Unified Development Code. 5)Minimum Exterior Façade: One hundred (100%) percent masonry on street facing elevations, with the exception of building entrances, doors, windows, and storefronts; and seventy-five (75%) percent for all other wall elevations permitted if at least two of the following enhanced exterior masonry treatments or elements are incorporated into the design: enhanced course projections coining, coping, colonnades, cornice, pilaster, stained tilt wall or other approved masonry enhancements as approved by the building official. Masonry includes standard brick, manufactured stone, tilt wall, and similar approved materials. Please see Exhibit A attached hereto to demonstrate potential renderings of similar product type. F. Screening, Fences, and Walls: 1) Exterior roof-mounted mechanical systems and equipment, including but not limited to piping, tanks, stacks, collectors, heating, cooling, and ventilating-equipment fans, blowers, ductwork, vents, louvers, meters, compressors, motors, incinerators, ovens, etc., must be screened from public view by the use of architecturally compatible materials, including, but not limited to RTU (Remote Terminal Unit) enclosures or equipment screening material/feature. 2) Wall mounted exterior mechanical systems or equipment must be integrated with the building architecture, and must be specifically approved by the Building Official. 3) Ground-level mechanical equipment must be screened from public view by the use of landscaping, walls, fencing, and other design treatments compatible with the finishes of the primary structure. 4) Any Transformers that do not reside in a Truck Court Storage Area must be screened from public view by the use of landscaping, walls, fencing, Ordinance No. 2269, Page 5 of 12 and other design treatments of a design acceptable to the local electric service provider. 5) An eight (8') foot masonry screening wall shall be constructed along the western boundary of the subject property abutting the park. 6) Outdoor storage is defined as materials actively engaged in the process of being off loaded or loaded may be located outside on a temporary basis. Location of outdoor storage for materials and/or commercial vehicles and trailers will need to be designated to truck court areas only. Please see "Exhibit A" attached hereto to identify location of the Truck Court Storage Area. These areas should not block emergency access nor materially impact internal vehicle circulation and shall not be in direct view of a public right of way without screening. Where not screened by a building, the storage areas shall be screened from a direct view by an eight (8') foot masonry screening wall Masonry includes standard brick manufactured stone, tilt wall; and similar approved materials. In no case shall any materials be stored higher than the screening provided. Storage of trailers is exempt from being stored no higher than the screening required. G. Landscaping: Landscaping: Shall conform to Article VII, City of Euless Unified Development Code landscape design requirements with the additional following conditions: 1) Area required. On all lots, not less than fifteen (15%) percent of the area of the street yard shall be landscaped area. Any area that is not paved and has vegetation is considered landscape area. 2) Trees required. At least one (1) large tree of at least three (3") inches in caliper and twelve (12') feet in initial height shall be provided in street yards at a ratio of one (1) tree per one thousand (1,000) square feet, 3) Shrubbery required. Placement of shrubbery shall be taken into consideration as to the plant at full maturity and be located so as not to conflict with vehicular or pedestrian traffic visibility. Shrubbery shall be in street yards in the ratio of not less than one (1) shrub shall be maintained for every fifty (50) square feet of the area required to be landscaped. 4) Ground cover required. Ground cover shall be provided in street yards no less than one hundred fifty (150) square feet of ground cover plus five (5%) percent of the required landscaped area over one thousand five hundred (1 ,500) square feet (up to four thousand [4,000] square feet) shall be maintained in ground cover. 5) Car parking lots and pedestrian vehicular use areas. A minimum amount of the total area of all vehicular use areas shall be devoted to landscaped islands, peninsulas, or medians within the ratio of sixty (60) square feet for each twelve (12) parking spaces. Areas for truck and trailer parking are not subject to this requirement. H. Site Plan: No development or construction of any structure or occupancy of any land shall commence, unless a site plan is first submitted and receives a Ordinance No. 2269, Page 6 of 12 recommendation from the Planning and Zoning Commission and approval from the City Council as set forth in Article VIII of the Euless Unified Development Code. The internal perimeter circulation and primary points of ingress / egress of the site plan shall substantially conform with the General Plan attached as part of Exhibit "A" of this Ordinance. SECTION 3. 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 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. SECTION 4. PENALTY FOR VIOLATION. Any person, firm, or corporation violating any of the terms and provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined in accordance with Chapter 1 , "General Provisions," Section 1-12, "General Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 5. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the Euless Unified Development Code applicable to the Property that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION CLAUSE. The caption, penalty clause, and effective date clause of this ordinance shall be published in a newspaper of general circulation in the City of Euless, in compliance with the provisions of Article II, Section 12 of the Euless City Charter. SECTION 7. EFFECTIVE DATE. This ordinance shall be in full force and effect from and Ordinance No. 2269, Page 7 of 12 after its passage, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on February 9 2021 , by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: L. da Martin, Mayo ATTEST: 77. Kim Sutter, C, CMC, City Secretary :APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2269, Page 8 of 12 Exhibit A Urban Logistics - Planned Development General Plan February 2021 - 20-06-PD Star-Tele ram MEDIA Arlington Citizen -Journal I The Keller Citizen I La Estrella Mansfield News -Mirror � Star -Telegram Northeast. i Weatherford Star -Teich star-telegram.com 1808 Throckmorton St. (Ft Worth, Tx. 76102-6315 AFFIDAVIT OF PUBLICATION ����o-D FEB 2 4 2021 CITY OF EUIESS c t d Nu b r en ification A u[ 600565 0004872166 ORDINANCE NO. 2269 AN ORDINANCE AMEN ORD. NO. 2269 $54.68 1 69.00 Li Attention: Lindsay Wells CITY OF EULESS 201 N ECTOR DR EULESS, TX 760393543 ORDINANCE NO. 2269 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF EULESS, CHAP- TER 84, UNIFIED OEVELOR- MENT CODE, AMENDING THE CITY OF EULESS ZONING DIS- TION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OFFICIAL 'NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION 4. PENALTY FOR VIOLATION Anv person, firm or corporation vio- lating any ot` the terms and pro- visions of this ordinance shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be fined in accord- ance with Chapter 1, "General Provisions," Section 1-12, "Gen- eral Penalty," Euless Code of Ordinances. Each such violation shall be deemed a separate of- fense and shall be punishable as such hereunder, SECTION 6. PUBLICATION CLAUSE, The cap- tion, penalty clause, and effec- tive date clause of this ordi- nance shall be published in a newspaper of general circulation in the City of Euless, in compli- ancewith the provisions of Arti- cle II, Section 12 of the Euless City Charter. SECTION 7, EFFECTIVE DATE. This ordi- nance shall be in full force and effect from and after its pas- sage, as provided by the Euless City Charter and the laws of the PRESENTED AND PASSED ON FIRST AND FINAL READING at a rggVl�r m��#ing �f #hv Eulg�� City Council on February 9, 2021, by a vote of 7 ayes, 0 nays, and 0 abstentions. THE STATE QF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared VICTORIA RODELA, Bid and Legal Coordinator for the Star -Telegram, published by ORDINANCE N0. 2269 the Star -Telegram, Inc. at Fort Worth, AN ORDINANCE AMENDING in Tarrant County, Texas; and who, THE C�TY OF EULESSNCCHAP after being duly sworn, did depose MENTBCODENIAMENDING THE and say that the attached clipping of c1rY of EULEss zoNING Dls- an advertisement was published in TRICT MAP ON APPROXIMATE- LY 22,1 ACRES:IN THE ALLEN M the above named pap®r on the listed DOWNEN SURVEY, ABSTRACT B/4B02A/4B02� AND GR EN- dates: LANDS SQUARE ADDITION, BLOCK A, LOT 1 BY CHANGING THE ZONING FROM COMMUNI- TY BUSINESS DISTRICT (C-2) AND TEXAS HIGHWAY 10 NTO P ANNEDDSDEVELOPMENT 2 InSfyrtior)(s) (PD) DISTRICT ZONING AS DE- SCRIBED HEREIN AND ON THE Published On: ATTACHED "EXHIBIT A"; PRO- VIDING FOR DEVELOPMENT February 11, 2021, February 12, STANDARDS; PROVIDING A SEVERABILITY CLAUSE, PRO- I 2021 VIDING A PENALTY FOR VIOLA- TION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- LICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE, PENALTY FORTVIOLATION Any ' Dperson, firm or corporation vio- ating any o>` the terms and pro- visions of this ordinance shall be deemed guilty of a misde- meanor, and upon conviction thereof shall be fined in accord- ance with Chapter 1, "General f ' � j Provisions' Section 1-12, "Gen- �a`/^ (/ eral Penalty," Euless Code of ��` � �,��� Ordinances. Each such violation shall be deemed a separate of- {Principal Clerk) fense and shall be punishable as such hereunder. sEcrloN 6. SUBSCRIBED AND SWORN TO PUBLICATION CLAUSE. The cap- tion, penalty clause, and effec- BEFORE ME, THIS 12th day of tive date clause of this ordi- nance shall be published in a February in the year of 2021 newspaper of general circulation in the City of Euless, in compli- ancewith the provisions of Arti- cle II, Section 12 of the Euless City Charter. SECTION 7. EFFECTIVE DATE. This ordi- �^� Hance shall be in full force and effect from and after its pas- sage, as provided by the Euless City Charter and the laws of the state of Texas. Notary Public - Ambar Lizarraga PRESENTED AND PASSED ON FIRST AND FINAL READING at �'"�-"'1'�•=� s�+�.. a regular meeting of the Euless . 'PrP ••., TM'*T��-�.0 . �� ..y° , AhrBAR LIZAFWI,,A City Council on February 9, ;i°•' ��: � r 2021, by a vote of 7 ayes, 0 '*' `� My Notary IU �,t 1 � � ^ nays, and 0 abstentions, a;. �' ;�; �2U,,9�91 "'!� Gxpires tviay 30, 2023 Extra charge for lost or duplica%a`ffid3vlt3�"`F�� Legal document please do not destroy!