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
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Ordinance No. 2040, Page 3 of 5
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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