HomeMy WebLinkAbout2018 12-10-2013 ORDINANCE NO. 2018
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 2.5819
ACRES IN THE ELIJAH ROGERS SURVEY, ABSTRACT 1299 BY
CHANGING THE ZONING FROM SINGLE-FAMILY DWELLING
DISTRICT (R-1) 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 December 3, 2013, in conjunction with Zoning Case No. 13-05-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 December 10,
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 2.5819 acres out of the Elijah Rogers Survey, Abstract 1299, is
changed from Single-Family Dwelling District (R-1) 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 herein.
SECTION 2.
THAT all residential structures shall be developed 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.
THAT, preserved trees on the site shall be protected from the development
process in the manner outlined within "Exhibit D."
SECTION 5.
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 6.
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 7.
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 8.
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 9.
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.
Ordinance No. 2018, Page 2 of 10
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on December 10, 2013, by a vote of 7 ayes,
o nays, and 0 abstentions.
APPROVED:
Mary Lib aleh, Mayor
ATTEST:
im utter, T MC, City Secretary
APPROVED AS TO FORM:
(A)IL
Wayne Olson, City Attorney
Ordinance No. 2018, Page 3 of 10
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LEDAR HILL ESTATE
Cabinet A, Slide 3779
PRTCT
EXISTING HISTORICAL MA
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30' 30' _
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VILLAGr PARK A�DITION
Vol. 388-156 P . 50
P R.T.C.T.
1 I 2 3 I 4
Masonry Screening Wall
SOUTH EULESS
ELEMENTARY SCHOOL
HURST-EULESS-BEDFORD ISD
Masonry Screening Wall
W/Signoge
GATE WITH
KNOX BOX
TED HISTORICAL MARKER
Screening Wall
xisting Fire Hydrant
Land Area: 112,469 Sq. Ft. or 2.5819 Acres
Single Family Lots 14
All development shall be in conformance with all
R -1L district requirements and permitted uses
except as noted in special conditions.
SPECIAL CONDITIONS:
1. The minimum lot area shall be 5,600 square feet
2. The maximum lot coverage shall be 60 percent.
J. No Alleys shall be required.
4. All lots to have full sprinkler, and full sod.
5. Sidewalks will be provided within the 10' Roadway,
Drainage & Utility Easement.
6. The driveway locations for Lot 8, Block A, and
Lots 3-4, Block B, will be located on the west
side of the Lot.
Minimum Area Regulations:
Main Building 2,200 sf(Living Ares
Se tbacks
FY 22' Min,
SY 5' Min.
15' Adjacent to a side street
RY 15' Min.
Average Lot Area 7,021 s
CITY OF EULESS
WATER AND WASTEWATER IMPACT FEES
Meter or Tap
Diameter
Living Unit
Equivalency Factor
LEGAL DESCRIPTION
Sewer
lmpoct Fee
5/8" or 3/4"
THENCE S 00' 17' 24" E, along and with the west right-of-way line of said South Main Street, a
Being o 2.5819 acre tract of land situated in the Ellijah Rogers Survey, Abstract No. 1299 and the A.J. Huitt
distance 240.97 feet, (deed 235.50 feet, to 112 for the the
Survey, Abstract No. 684, Tarrant County, Texas, being in the City of Euless, Tarrant County, Texas, said tract
of a iron rod set southeast comer of
being described es Tract One and Tract Two in a deed to Weldon G. Cannon and wife, Patricia Kay Benoit, as
herein described tract of land and said Tract Two, and being the northeast comer of Block I of Cedar
recorded in Instrument Number D21.308.3334, Official Public Records, Tarrant County, Texas, and both tracts
Hill Estates, an addition to the City of Euless, according to the plat recorded in Cabinet A, Slide .3779,
combined being more particularly described by metes and bounds as follows:
Plat Records, Tarrant County, Texas;
BEGINNI\ at a 112" iron rod found for the northwest corner of the herein described tract of land, being theTHENCE
S 89' 42' 56" W, olong and with the south line of the herein described tract of land and the
northwest corner of said Tract One, being the northeast corner of Lot 2, Block 8, Oakwood Terrace East Addition,
north line of said Block 1, a distance of 331.89 feet, (deed 348.60 feet), to o 518" iron rod found for
2nd Section, an addition to the City of Euless, according to the plat recorded in i olume .388-24, Page 4.3, Plat
the southwest corner of the herein described tract of land and said Tract Two, and being the southeast
Records, Tarrant County, Texas, and being in the south right-of-way line of Jean Lane, (50' r.o.w.);
corner of Lot 6 of said Block 8;
THENCE N 88' 46' 36" E, along and with the south right-of-way line of said Jean Lane, a distance of 330.00
THENCE N 00' 44' 24" W, (bearing basis, along and with the west line of the herein described tract of
feet to a 1/2" iron rod set for the northeast corner of the herein described tract of land, and being in the west
land and the east line of said Block 8, at 205.50 feet passing the common west corner of said Tracts
right-of-way line of South Main Street, (50' r. o.w.), from which a 5/8" iron rod found bears S 39° 21' 34" E,
One and Two, and continuing for a total distance of 335.50 feet to the POINT OF BEGINS/\, end
2.46 feet;
containing 25819 acres, (112,469 square feet, of land.
THENCE S 02' 54' 24" E, along and with the west right-of-way line of said South Main Street, a distance of
80.00 - 160.00
100.00 feet to o 1/2" iron rod set for corner of the herein described tract of land, and being the common east
$86,952.00
comer of said Tracts One and Two;
Land Area: 112,469 Sq. Ft. or 2.5819 Acres
Single Family Lots 14
All development shall be in conformance with all
R -1L district requirements and permitted uses
except as noted in special conditions.
SPECIAL CONDITIONS:
1. The minimum lot area shall be 5,600 square feet
2. The maximum lot coverage shall be 60 percent.
J. No Alleys shall be required.
4. All lots to have full sprinkler, and full sod.
5. Sidewalks will be provided within the 10' Roadway,
Drainage & Utility Easement.
6. The driveway locations for Lot 8, Block A, and
Lots 3-4, Block B, will be located on the west
side of the Lot.
Minimum Area Regulations:
Main Building 2,200 sf(Living Ares
Se tbacks
FY 22' Min,
SY 5' Min.
15' Adjacent to a side street
RY 15' Min.
Average Lot Area 7,021 s
CITY OF EULESS
WATER AND WASTEWATER IMPACT FEES
Meter or Tap
Diameter
Living Unit
Equivalency Factor
Water
Impact Fee
Sewer
lmpoct Fee
5/8" or 3/4"
1.00
$'1,477.90
$524.70
1
2.50
$J,694.75
$1311.75
F_ -1
[5'B.L.
$7,,389.50
7.5' Utility Easement
2
8.00 - 10.00
$11,82320
$4,197.60
3
16.00 - 24.00
$,35,469.60
$12,592.80
4
25.00 - 42.00
$62,071.80
$22, 037 40
6
50.00 - 92.00
$135,966.80
$48,272.40
8
80.00 - 160.00
$2J6,464. 00
$86,952.00
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per Lot
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10' Roadway, Drainage
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TYPICAL LOT DETAIL
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Land Area: 112,469 Sq. Ft. or 2.5819 Acres
Single Family Lots 14
All development shall be in conformance with all
R -1L district requirements and permitted uses
except as noted in special conditions.
SPECIAL CONDITIONS:
1. The minimum lot area shall be 5,600 square feet
2. The maximum lot coverage shall be 60 percent.
J. No Alleys shall be required.
4. All lots to have full sprinkler, and full sod.
5. Sidewalks will be provided within the 10' Roadway,
Drainage & Utility Easement.
6. The driveway locations for Lot 8, Block A, and
Lots 3-4, Block B, will be located on the west
side of the Lot.
Minimum Area Regulations:
Main Building 2,200 sf(Living Ares
Se tbacks
FY 22' Min,
SY 5' Min.
15' Adjacent to a side street
RY 15' Min.
Average Lot Area 7,021 s
CITY OF EULESS
WATER AND WASTEWATER IMPACT FEES
Meter or Tap
Diameter
Living Unit
Equivalency Factor
Water
Impact Fee
Sewer
lmpoct Fee
5/8" or 3/4"
1.00
$'1,477.90
$524.70
1
2.50
$J,694.75
$1311.75
1.5
5.00
$7,,389.50
$2,62J. 50
2
8.00 - 10.00
$11,82320
$4,197.60
3
16.00 - 24.00
$,35,469.60
$12,592.80
4
25.00 - 42.00
$62,071.80
$22, 037 40
6
50.00 - 92.00
$135,966.80
$48,272.40
8
80.00 - 160.00
$2J6,464. 00
$86,952.00
impact fees are based on the size of water meter or tap serving the
use. lmpoct fees are due at the time of Building Permit application.
Notes:
1. The City will not maintain any interior drainage systems
that originate within this private development.
2. No residential driveways will be allowed onto South
Main Street.
Location Map
LEGEND
Min.FF = Minimum Finish Floor Elevation
H.O.A. - Homeowners Association
BL - Building Line
DE - Drainage Easement
UE - Public Utility Easement
R.D.&U.E. - Roadway Drainage & Utility Easement
A- Denotes Lot frontage
♦ - Denotes Street name change.
0[12"Tree - Denotes Trees to be Preserved
Rotational Angle = -L00 4621.63" Surface to Grid
Combined Scale Factor = 0.999859487
Rotational Angle for Coord. System used = -L00°11'48"
X
GRAPHIC SCALE 1"=40'
40 0 40 80
CITY APPRO VAL
13-05-P. D.
PLANNED DEVELOPMENT EXHIBIT
OF
CANNON GARDENS
14 LOTS LOCATED ON 2.5819 ACRES OF LAND
OUT OF THE
ELIJAH ROGERS SURVEY, ABSTRACT 1 299
IN THE
CITY OF EULESS, TARRANT COUNTY, TEXAS
OWNER: WELDON CANNON
606 S. MAIN STREET
Euless, TX 76039
BLOOMFIELD HOMES L.P.
DEVELOPER: 1050 E. Highway 114 Suite 210
Southlake, TX 76092
TEL: 817-416-1572
FAX: 817-416-1397
ENGINEER/SURVEYOR: 5605 North MacArthur Blvd.,
7NAFTIPTON
ENGINEERING Suite 500 Irving, Texas 75038
a division of Westwood Office (972) 793-0300
Fax (972) 226-1946
November 25,
2013 Firm No. F-11756
0002288 CP-A.dwg
Exhibit B
Cannon Gardens - Bloomfield Homes, LP. - Design Criteria
Standard Features
1. Minimum Roof Pitch: 8:12, except porches.
2. Architectural grade asphalt shingles.
3. Wood and Iron 8'front doors.
4. Brick and Stone—brick and stone elevations for all plans. Each home shall have at least 20%
stone and/or detailed brick accents on the front facade unless the design incorporates the
cementitious fiberboard product as the primary surface material.
5. Cementitious fiberboard or other alternative materials varying from the required masonry
products may be requested by the builder based on a particular architectural style of home. The
City of Euless Building Official shall determine if the home design warrants changes to the
required masonry percentages.
6. Porches/Patios/Decks—all plans will have a combined minimum square footage of 130 total
square feet. Full front porches may encroach the front building line by the maximum of seven
(7')feet.
7. Ornamental coach lights on all front elevations.
8. Windows—Vinyl divided light windows(Prairie Style) standard on all front elevations.
9. Concealed HVAC units,trash storage and utility meters(as appropriate).
10. Brick shall course exactly to the top and bottom of all walls.
11. Plan Repetition—will build each elevation no more than 2 times in the neighborhood.
12. Windows will be single or double hung with sliders on the sides as necessary in bedrooms.
13. Windows are to be placed on each wall elevation with a proper wall to window ratio.
14. If shutters are used, shutters shall be the same height as the associated opening and
proportional in scale to the windows and elevation.
15. Gutters shall be aluminum or painted if necessary.
16. If a porch is used,the porch column base shall not protrude beyond the foundation.
17. Eaves and Soffits—consist of durable LP Smart Siding and cementitious products.
18. Landscaping shall include a minimum of 2 trees and 12 shrubs with stone edging. Each home
will include an irrigation system for front, side and rear yard.
19. Ornamental address blocks placed on each house on the front façade.
Optional Features —variations per Plan and customer selections
1. Dormer windows&Arched windows.
2. Second story front/rear porches per plan.
3. Stone facades options with additional stone details.
4. Decorative cedar accents per elevation.
5. Decorative porch rails and columns per plan selected.
6. Garages—certain plans/lots will offer an optional%2 car additional storage space or an optional
3rd car garage.
7. Cedar garage doors with steel support option available.
Ordinance No. 2018, Page 5 of 10
8. Aggregate finished concrete driveways and lead walks-optional
9. Front up lighting options available.
Ordinance No. 2018, Page 6 of 10
Exhibit C
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Ordinance No. 2018, Page 7 of 10
Exhibit D
Tree Protection Procedures
Unless otherwise exempted by this Ordinance, the following procedures shall apply to protect
any tree which will be preserved within this development.
All persons submitting construction plans shall insure that such plans comply with the
requirements of this Ordinance.
The following activities are prohibited within the limits of the critical root zone of any protected
tree subject to the provisions of this Ordinance.
a. 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.
b. Equipment Cleaning/Liquid Disposal: No equipment shall be cleaned or other
liquids, including, without limitation, paint, oil, solvents, asphalt, concrete,
mortar or similar materials deposited or allowed to flow into the critical root
zone of a protected tree.
c. Tree Attachments: No signs, wires or other attachments, other than those of a
protective nature, shall be attached to any protected tree.
d. 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.
e. Impervious Paving: No paving with asphalt, concrete or other impervious
materials shall be placed within the limits of the critical root zone of a protected
tree except as otherwise allowed in this Ordinance.
f. 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.
The following procedures shall be followed on all types of construction projects (including
residential, land development, municipal / public domain projects):
a. 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
Ordinance No. 2018, Page 8 of 10
protective fencing which encircles the outer limits of the critical root zone of the
tree to protect it from construction activity or in cases of heavily wooded sites,
as approved by the Building Official.
b. 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.
c. 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.
d. 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.
e. 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.
f. The owner shall cause the required fencing to be installed and maintained for
the duration of the construction.
g. 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.
h. 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.
i. 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:
a. 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
Ordinance No. 2018, Page 9 of 10
critical root zone of the protected tree. When required, the bore shall be a
minimum depth of forty-eight (48) inches.
b. 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 the critical root zone, and that extends
no further into the critical root zone as is necessary to provide proper irrigation.
c. 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. 2018, Page 10 of 10