HomeMy WebLinkAbout2009 10-08-2013 ORDINANCE NO. 2009
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 1.544
ACRES IN THE WILLIAM G. MATTHEWS SURVEY, ABSTRACT 1052,
BY CHANGING THE ZONING FROM SINGLE-FAMILY ATTACHED
DWELLING DISTRICT (R-1A) ZONING INTO PLANNED
DEVELOPMENT (PD) ZONING AS DESCRIBED HEREIN AND ON THE
ATTACHED "EXHIBIT A"; PROVIDING FOR A SEVERABILITY
CLAUSE, PENALTY FOR VIOLATION; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has conducted a public
hearing on September 17, 2013, in conjunction with Zoning Case No. #13-02-PD, and
has rendered a recommendation to the City Council with respect to this case;
WHEREAS, the City Council has conducted a public hearing on October 8, 2013,
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:
SECTION 1.
THAT 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 1.544 acres out of the William G. Matthews Survey, Abstract 1052, is
changed from Single-Family Attached Dwelling District (R-1A) zoning into Planned
Development (PD) 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 on said "Exhibit A" or stipulated herein. Said "Exhibit A" shall be applicable only to
the property described in herein.
SECTION 2.
THAT all residential structures shall be ,.eveloped and constructed in accordance
with the architectural design criteria as attached in "Exhibit B."
SECTION 3.
THAT the elevations of residential structures shall be developed and constructed
consistent with the building elevations attached as "Exhibit C" as a guide for their
development. Innovation and modifications to individual elevations may be approved by
the City of Euless Building Official.
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 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 5.
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 6.
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 7.
PUBLICATION. 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 8.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage and publication, as provided by the Euless City Charter and the laws of the
State of Texas.
Ordinance No. 2009, Page 2 of 8
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on October 8, 2013, by a vote of 7 ayes,
nays, and 0 abstentions.
APPROVED:
Mary Libaleh, Mayor
ATTEST:
Kim :utter, T' , City Secretary
APPROVED AS TO FORM:
Wayne Olson, City Attorney
Ordinance No. 2009, Page 3 of 8
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LOCATION MAP
NOTES:
1. A NOTE WILL BE RECORDED ON THE FINAL PLAT OF THE SUBDIVISION WHICH WILL
INDICATE THE LIMITATION OF ABILITY TO CONSTRUCT PERMANENT ACCESSORY STRUCTURES
WITHIN ANY DEDICATED EASEMENTS.
2. LOT 1 AND LOT 2 IN BLOCK B WILL FACE THE INTERIOR STREET.
3. THE CITY OF EULESS RESERVES THE RIGHT TO REQUIRE A MINIMUM FINISHED FLOOR
ELEVATION ON ANY LOT WITHIN THIS ADDITION.
4. ALL UTILITY SERVICE TO AND WITHIN THIS SITE SHALL BE UNDERGROUND.
MASONARY FACADE REQUIREMENTS:
FRONT: 85% BRICK, 15% STONE
SIDES & REAR: 90% BRICK, 10% OTHER
SITE DATA
AREA OF PROPERTY
67,253 SQ. FT. (1.544 AC)
NUMBER OF LOTS
8
MINIMUM LOT AREA
6,000 SQUARE FEET
MINIMUM FRONT SETBACK
20' FEET
EXCEPT LOT 2 & 3, BLOCK A =
25 FEET
MINIMUM SIDE SETBACK
5 FEET
MINIMUM REAR SETBACK
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NOTES:
1. A NOTE WILL BE RECORDED ON THE FINAL PLAT OF THE SUBDIVISION WHICH WILL
INDICATE THE LIMITATION OF ABILITY TO CONSTRUCT PERMANENT ACCESSORY STRUCTURES
WITHIN ANY DEDICATED EASEMENTS.
2. LOT 1 AND LOT 2 IN BLOCK B WILL FACE THE INTERIOR STREET.
3. THE CITY OF EULESS RESERVES THE RIGHT TO REQUIRE A MINIMUM FINISHED FLOOR
ELEVATION ON ANY LOT WITHIN THIS ADDITION.
4. ALL UTILITY SERVICE TO AND WITHIN THIS SITE SHALL BE UNDERGROUND.
MASONARY FACADE REQUIREMENTS:
FRONT: 85% BRICK, 15% STONE
SIDES & REAR: 90% BRICK, 10% OTHER
SITE DATA
AREA OF PROPERTY
67,253 SQ. FT. (1.544 AC)
NUMBER OF LOTS
8
MINIMUM LOT AREA
6,000 SQUARE FEET
MINIMUM FRONT SETBACK
20' FEET
EXCEPT LOT 2 & 3, BLOCK A =
25 FEET
MINIMUM SIDE SETBACK
5 FEET
MINIMUM REAR SETBACK
15 FEET
MIMIMUM SIDE SETBACK
ADJACENT TO STREET
15 FEET
MIMIMUM LOT WIDTH
SHEET NO.
1 OF
AT FRONT SETBACK
50 FEET
z
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GRAPHIC SCALE
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J&kWS D ' .JR.
`- 9/12/13
CITY CASE NO. 13 -02 -PD
SHEET TITLE:
REVISIONS:
8/19/13
CITY COMMENTS
9/9/13
CITY COMMENTS
9/12/13
CITY COMMENTS
TSBPE REGISTRATION NUMBER F-8527
ENGINEERS • SURVEYORS • LAND PLANNERS
2500 Texas Drive Suite 100 Irving, Texas 75082
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J&kWS D ' .JR.
`- 9/12/13
CITY CASE NO. 13 -02 -PD
SHEET TITLE:
CONCEPT PLAN FOR PD
TRINITY COURT ADDITION
EULESS, TEXAS
J D J R
PREPARED BY:
ENGINEERS &CONSULTANTS, INC.
TSBPE REGISTRATION NUMBER F-8527
ENGINEERS • SURVEYORS • LAND PLANNERS
2500 Texas Drive Suite 100 Irving, Texas 75082
Tel 972-252-5857 Fax 972-252-8958
DATE: AUG. 5, 2013
DRAWN BY: SAS
SHEET NO.
1 OF
SCALE: 1" = 20'
CHECKED BY: JDJR3
JDJR FILE NO. 463-26-12
Exhibit B
Trinity Court — Silver Bay Group - Design Criteria
Design Standards
1. Masonry brick veneer and natural stone and/or cement stucco will be used on house
exterior. Limited areas in the facade may use painted cementitious board where it is difficult
to use masonry. Brick details will articulate the front facade consisting of soldier course and
other diagonal brick patterns and row lock, etc. on top of openings. The masonry ratio may
be comprised of 80% brick, 10% stone and 10% siding depending on design. However, front
facade shall be 100% masonry.
2. Minimum roof pitch shall be 6:12, except porches may be 4:12
3. Architectural grade 30 year asphalt shingles shall be used.
4. Wood, steel or stained fiberglass simulated wood grain front door with transom panel above
to be used.
5. Facades will be custom designed for each house as much as possible. However, the same
facade will not be repeated within any 5 adjacent lots or across the street from those lots.
Arched window heads may be used with arched brick details.
6. HVAC condensing units and utility meters will be placed to the side and rear yards toward
the back of the house concealed from the front view.
7. Windows shall be single or double hung ;-ecessed in the brick/stone opening to create
depth.
8. The design may contain window decorative shutters made of louvers or panels and shall be
the same height as the windows.
9. Gutters shall be surface mounted, galvanized steel or aluminum and painted.
10. Dormers shall be used to articulate the house facade in some designs. The dormer
proportions shall be designed by the architect of record.
11. Structural posts exposed on the street wall shall be no less than 6"X6" in cross section.
12. If a porch is used, porch beams shall be visible from both the inside and the outside of the
porch. Seams between the beam face and the bottom of built up beams shall occur beneath
the beam.
13. The design may use stoop and portico at the front door and/or front porch and decorative
railings.
14. The houses will have a minimum 1,800 square feet of air conditioned area and a two-car
garage.
15. Lots labeled on Exhibit "A" as Lots 3, 4, 5 & 6, Block A shall be limited to single-story
construction.
Tree Protection
1. Unless otherwise exempted by this Ordinance, the following procedures shall apply to
protect any tree which will be preserved within this development.
Ordinance No. 2009, Page 5 of 8
2. All persons submitting construction plans shall insure that such plans comply with the
requirements of this Ordinance.
3. The following activities are prohibited within the limits of the critical root zone of any
protected tree subject to the provisions of this Ordinance.
4. Material Storage: No storage or placement of materials intended for use in construction or
waste materials accumulated due to excavation or demolition shall be placed within the
limits of the critical root zone of any protected tree.
5. Equipment Cleaning/Liquid Disposal: No equipment shall be cleaned or other liquids,
including, without limitation, paint, oil, Fr'vents, asphalt, concrete, mortar or similar
materials deposited or allowed to flow into the critical root zone of a protected tree.
6. Tree Attachments: No signs, wires or other attachments, other than those of a protective
nature, shall be attached to any protected tree.
7. Vehicular Traffic: No vehicular and/or construction equipment traffic or parking shall take
place within the critical root zone of any protected tree other than on existing street
pavement. This restriction does not apply to single incident access within the critical root
zone for purposes of establishing the building pad and associated lot grading, vehicular traffic
necessary for routine utility maintenance, emergency restoration of utility service, or routine
mowing operations.
8. Impervious Paving: No paving with asphalt, concrete or other impervious materials shall be
placed within the limits of the critical roof. zone of a protected tree except as otherwise
allowed in this Ordinance.
9. No heavy equipment, including but not limited to trucks, tractors, trailers, bulldozers, bobcat
tractors, trenchers, compressors, and hoists, shall be allowed inside the drip-line of any
protected tree on any construction site without prior written approval of the Building Official.
10. The following procedures shall be followed on all types of construction projects (including
residential, land development, municipal/ public domain projects):
11. Protective Fencing: Prior to the issuance of any building or earth disturbance permit, or
commencing construction, the owner, contractor or subcontractor shall construct and
maintain, for each protected tree on a construction site, a protective fencing which encircles
the outer limits of the critical root zone of tl-e tree to protect it from construction activity or
in cases of heavily wooded sites, as approved by the Building Official.
12. All protective fencing shall be in place prior to commencement of any site work and remain in
place until all exterior construction activity at the site has been completed.
13. Protective fencing shall be at least four (4) feet high, clearly visible, and shall have a tree
protection sign affixed to the fence every twenty (20) feet in such a manner to be clearly
visible to workers on the site.
14. The use of orange vinyl construction fencing or other similar fencing is generally permitted
only if there is no construction or vehicular activity within ten (10) feet of the fence. If
construction activity or vehicular traffic is expected within ten (10) feet of the fence, the
fence shall be constructed of chain link or other similar metal, wooden material or semi-rigid
vinyl tape fencing supported with a top support wire or equivalent support material affixed
to metal or wooden posts, all of which shall be six (6)feet in height.
Ordinance No. 2009, Page 6 of 8
15. All protective fencing shall be supported at a maximum of ten (10) foot intervals by approved
methods sufficient enough to keep the fence upright and in place for the duration of the
construction.
16. The owner shall cause the required fencing to be installed and maintained for the duration of
the construction.
17. For permits involving trenching such as sewer services, irrigation systems or underground
electrical work, the applicant shall provide sufficient plans to provide protection of the trees
in the vicinity of the work.
18. All of the above conditions must adhere to and be inspected by a City inspector prior to the
issuance of any building or earth disturbance permit.
19. In situations where a protected tree remains in the immediate area of intended construction
and the Building Official determines the tree bark to be in danger of damage by construction
equipment or other activity, the contractor or subcontractor shall protect the tree by
enclosing the entire circumference of the tree trunk with two (2) inches x four (4) inches
lumber encircled with wire or other means that do not damage the tree. The intent is to
protect the bark of the tree against incidental contact by large construction equipment. The
contractors shall comply with the requirements of this Ordinance regarding bark protection.
Construction Methods:
1. Boring: Boring of utilities under the critical root zone of a protected tree shall be required in
those circumstances where it is not possible to trench around the critical root zone of the
protected tree. When required, the bore shall be a minimum depth of forty-eight (48) inches.
2. Trenching: No trenching shall cross the critical root zone of any protected tree, unless
approved in writing by the Building Official. The placement of underground utility lines is
encouraged to be located outside of the critical root zone of protected trees. Irrigation
system lines shall be placed outside of the critical root zone, except the minimum number of
single head supply lines required to irrigate within the critical root zone. Any such irrigation
line shall be installed along a horizontal line that bisects the tree trunk, in the manner that
has the least possible encroachment into t ±= critical root zone, and that extends no further
into the critical root zone as is necessary to provide proper irrigation.
3. Root Pruning: All roots two inches or larger in diameter which are exposed as a result of
trenching or other excavation shall be cut off square with a sharp medium tooth saw and
covered with pruning compound within two hours of initial exposure.
Ordinance No. 2009, Page 7 of 8