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HomeMy WebLinkAbout2040 09-23-2014 ORDINANCE NO. 2040 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 3.282 ACRES OF LAND OUT OF THE J.E. WHITENER ESTATE, BLOCK 2, LOTS 31 AND 32, BY CHANGING THE ZONING FROM COMMUNITY UNIT DEVELOPMENT (CUD) DISTRICT ORDINANCE NO. 753 INTO PLANNED DEVELOPMENT (PD) ZONING DISTRICT 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 2, 2014 in conjunction with Zoning Case No. #14-02-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 September 23, 2014, 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 3.282 acres of land out of the J.E. Whitener Estate, Block 2, Lots 31 and 32, is changed from Community Unit Development (CUD) district Ordinance No. 753 into Planned Development (PD) zoning district 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 masonry screening wall along East Whitener Road, will be maintained by a homeowner's association. 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. 2040, Page 2 of 5 PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on September 23, 2014 by a vote of 6 ayes, 0 nays, and 0 abstentions. APPROVED: ATTEST. Li lir a ' n, Mayor i Sutter, RMC, City Secretary APPROVED AS T .FORM: ry Wayne Olson, ity Attorney (-- Ordinance No. 2040, Page 3 of 5 3 g g 5f9 Exhibit A itt €� rf'f P,�ill ?1-41 {1§F [¢ &1 Je bfEOQ� sicc d;atq F#a F F PnpB ge H F - Ali Eei c ' qqP b used _ v� $$c Fkn iogfl^�g4 $i^ _ �_ - � aP9gp �� _ wnite�naa__,�,:,er __—___rr m-� I;jt 4� R im FF e ' i d'z 8 =� �• �h�r ,il,� ': �'I f'A ^ --------- I. 6R 3sh a p 's5 3Q �Si I R esti iq II i sPx� 9 Fa k� i� 4 � ut � _ �oR ♦e4RFs'4 4�a 5i f it sss �EgRt°��3go $ � 4'9 3 7 � i e` � "om �n ,g •a MEARTH NE Exhibit B Hearthstone — Bloomfield Homes - Design Criteria Design Standards 1. Minimum Roof Pitch: 6:12 2. Architectural grade asphalt shingles. 3. Brick and/or Stone — each home shall have at least 80% coverage. 4. Windows — Vinyl divided light windows (Prairie Style) standard on all front elevations. 5. Concealed HVAC units, trash storage and utility meters (as appropriate). 6. Brick shall course exactly to the top and bottom of all walls. 7. Windows will be single or double hung with sliders on the sides as necessary in bedrooms. 8. Windows are to be placed on each wall elevation with a proper wall to window ratio. 9. If shutters are used, shutters shall be the same height as the associated opening and proportional in scale to the windows and elevation. 10.If a porch is used, the porch column base shall not protrude beyond the foundation. 11.Eaves and Soffits — consist of durable LP smart siding and cementatious products. 12.Landscaping shall include a minimum of 2 trees and 12 shrubs with stone edging. 13.Irrigation — each home will include a irrigation system for front, side and rear yard. 14.Ornamental address blocks placed on each house on the front façade. 15.Fencing —each home will have rear & side yard fencing with 8' metal posts and stained wood. Ordinance No. 2040, Page 5 of 5 INVOICE Star-Telegram Customer ID: CITO9 808 Thrackmorton St. Invoice Number: 331578861 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9/27/2014 Federal Tax ID 26-2674582 Terms: Net due in 21 days Bill To: Due Date: 9/30/2014 CITY OF EULESS ACCOUNTS PAYABL PO Number: 201 N ECTOR DR Order Number: 33157886 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 nn:Attn: ACCOUNTS . PAYABLE Publication Dates: 9/26/2014'9/27/2014 Description Location Col Depth Linage MU Rate Amount I CITY OF EULESS ORDINANCE NO. 2040 CITY OIAN ORDINANCE AMENDING THE )' 13580 I >-1 5.j LINE S0.34 536.72 2 CODE OF ORDINANCES OF THE CITY OF EULESS, CHAPTER 84, Ntisc Fec UNIFIED G TVELO MEN EULESS, ZONING DISTRICT MAP ON 3.282 APPROVED:Onays,and0abstentions, a5 ACRES OF LAND OUT OF THE J.E. A/PROVEM WHITENER ESTATE, BLOCK 2 AT EiST: Martin, Mayor LOTS 31 AND 32, BY CHANGING ATTEST; / THE ZONING FROM COMMUNITY P Kim Sutter,i TO F City Secretary UNIT DEVELOPMENT (CUD) DIS- APPROVED K. TO FORM: Net Amount: S41.72 TRICT ORDINANCE NO. 753 INTO /s/Wayne K Olson, City Attorney PLANNED DEVELOPMENT (PD) —" ZONING DISTRICT AS DESCRIBED � �� (��( HEREIN AND ON THE ATTACHED i �j _ _^ "EXHIBIT A'; PROVIDING FOR A RE /��✓C(`) SEVERABILITY CLAUSE, PENALTY FOR SAVINGS LACLAN E;PROVIDING PROVIDING RECEIVED ocT 0€ 2" FOR PUBLICATION IN THE OFFI- CIAL NEWSPAPER AND AN EF- FECTIVE CTIV DATE. 20 I ll t + EFFECTIVE DATE. This ordinance Oi.: (J 1.) l i shall be in full force and effect - — fmm and after its passage and 1.7.4'.....14,..,,•,.. CHRISTI' LYNNE HOLLAND Publication, as provided by the Euless City [Harter and the laws CITY OF EULESS "-.y�),�..'" Notary Public,Slate of Texas of the State of Texas. FINANCE DEPT. =•1 ;�c My Commission Expires PENALTY FOR VIOLATION. Any -ti o« ,. July 31, 2016 THE S person, firm, or corporation via Count) lacingg any of the terms and provisions of this ordinance shall he deemed guilty of a misdemeanor, Before fin din accordance with Chapter aid County and State,this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star- be fined in accordance with Chapter Telegn 1,"General Provisions," Section 1- am,Inc.at Fort Worth,in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attach( of Ordinances.eEach suchiviolation vas published in th ove named paper on the listed dates:BIDS&L GAL DEPT. STAR TELEGRAM (81 7) shall be deemed a separate offense and `shall be punishable as such `^ �� is hereunder. \ PRESENTED AND PASSED ON FIRST Signed AND FINAL READING at a regular , SUBS( meeting on of the Euless City Council ARE ME,THIS Monday,September 23, 2014 by a vote y,Septe ter .•,2014. / Notary Public dik, V' ,.4, `,/ i Ci_ Thank You For Your Payment Remit To: Star-Telegram Ct.istomer ID: CI'1'09 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 331578861 Invoice Amount: $41.72 PO Number: Amount Enclosed: $ ``t 1 . 72_, I