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HomeMy WebLinkAbout2054 03-24-2015 ORDINANCE NO. 2054 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 PLANNED DEVELOPMENT ZONING DISTRICT (PD) INTO PLANNED DEVELOPMENT ZONING DISTRICT (PD) 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 PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission has conducted a public hearing on March 17, 2015, in conjunction with Zoning Case No. 15-04-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 March 24, 2015, 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 2.5819 acres out of the Elijah Rogers Survey, Abstract 1299, is changed from Planned Development zoning district (PD) into Planned Development zoning district (PD) 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. All residential structures shall be developed and constructed in accordance with the architectural design criteria as attached in "Exhibit B." SECTION 3. 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. 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. 2054, Page 2 of 10 PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on March 24, 2015, by a vote of 7 ayes, o nays, and 0 abstentions. APPROVED: Lid artin, Mayor ATTEST: xj;th!!PrA) Kim utter, TRMC, City Secretary APPROVED AS TO FORM: WI( Wayne Olson, City Attorney Ordinance No. 2054, Page 3 of 10 'J49FMd*11:I•I•I4 Mid Z9L *3-9[•1 ire IlZa►7[d - -MIILof W --EULESS CONTROL 1 0 MONUM+T #20 I 1 7 N 6,990, 364.033 6 POINT OF _ g F 2,403,1772432 9 o �- BEGINNING - - Ornamental Metal Fence EULESS CONTROL s; ox�� EAN o �� 50'R OW.) h MONUMENT #13 X336.957 \ 2 "Cedar Im E 2,398,457054 Ce Em VAM Esmt 18 2" I "CedorEl I I I ,2 I I I State lane Coord VILLAGI PARK A�DITION N 98113456 1 Vol. 388 -156 P . 50 E X40391415 P R T C T 2 3 LANE I.... / v h VAM Esmt. -572 00� 1/2' s 1 55.09 =- 4. 9 i C ar PP -I 5 U. E. \ 3 5 U. E. 12 "Ce orElm 21.30' C \ \24 "Cede Elm 12 Hac \y 5 State Plane ED rd, darElm 2112 , N 698113151 2 BL 22 e� w 5 E 340358423 20 "Redo k \ -< 1 2 � ^ 18 "m \ � � 24 "RedOak N X24 "RedOa ; Ce orEl 7781s f. \ 2 1 OAKWOOD TERRACE \ )ri 2af. of ° 7156a� 14- 28 RedOak EAST ADDITION I 28 "RedOak 24 "Re ak l \ z 57� d z 24 "CedarElm s 24 3 "RedOak bj Masonry Screening Wall Vol. 388 -24, Pg. 43 L r P.R.T.C.T. 0 © \ 31 ' 0. W 20 "Re-Nak EE I 0 "Re z 3 "Re 7.5' U.E. �,7 2" IRS 10 "Hackber 36 "RedOak I 2 SW; �S m W L' 4 "C d rEl m o T�� I I 6M.1 N X 36 "Redo 7.5' U. E. 24 "Hackberry J `.J o 24" edOok s, I Z I N89015'36'E \ 0 o m 18 "Redo J PP \6 4 104.84 W N w w w LIJ I 2 -6 "Pecan // Q 6 0 5 0 4 = 0 7204af. o N 5610af. o 7028sf. \ I a dock o / o °o 24 "Re Oak SOUTH EULESS 6af. �o cedar "' „�Im \ I �\ ELEMENTARY SCHOOL 0 22'BL "Hackber / HURST- EULESS- BEDFORD ISD 5' U.E. 21.21' 8 "Rea ak Masonry Screening Wall oN89 015'36'E � I \ \ rn/ W/Signage • 104.85' 4 . I j 55.00 I�5.0� 44" e 10.29' 12 Re Oa 30�ed0i v.�l REA VES z o / I 10 ` u. E. o 578 2 -10 °c darEl YELL OSE TRAI L COURT Oaf s. 1 o R D. &U. E. / 8"Hackberry 8 "Pecan 5 60.00' \ 60' 50.00' .00 ^ \ "Pec n 6" e rElm A k 5' \ ed0a �S �P_�+ 2121' 11..07' 'BL 8 RedOask �f5 e zs 24 "Red Oak 18 R d a \ 6 "Hackberr � 1E 18 "Red Oak e O \ 8 "Hackberry 10 Ced Elm �a�o / 5 °0 6 °0 7 \ °0 8 N RELOCATED HISTORICAL MARKER E 0 "Hackberry ao / 1062491 0 0 6120af. o 0 612091 0 651891 m of o 0 0 o Q Masonry Screening Wall 6 \ \ 8° z 24 "Red0ak_�, 1 kberry 3 -6 "H ckberry ", 24- RedOak w 1 \ 6 "Ha berry 48 "RedOa 15.51' 8 "BlockLo n 8 "Hackbe "Hackberr 7.5' U. E. O 24 CedarElm 6 "Cate/ a 1 Existing Fire Hydrant 2 "Hackberry 146.60' S $ 9 �o.oc331 •89 0.00' PP CM 18 "Hackbe , 5/8" IRE 8 "RedOok 18 "Hackbe ry 89 4236 W 331.89 24 "Red 8 "HerculesClub /2" RS "Hackberry State Plane CmImdj EXISTING HISTORICAL MARKER N 6981394 04 State Plane 100rd E P43588,56 N I69813931P E 3403930 44 60' R.D.W. 4 5 6 7 8 9 10 30' 30' �EDAR HILL ESTATE Cabinet A, Slide 3779 P.R.T.C.T. LEGAL DESCRIPTION Being a 2.5819 acre tract of land situated in the Ellijah Rogers Survey, Abstract No. 1299 and the A. J. Huitt THENCE S 000 l7' 24" E, along and with the west right -of -way line of said South Main Street, a Survey, Abstract No. 684, Tarrant County, Texas, being in the City of Euless, Tarrant County, Texas, said tract distance of 240.97 feet, (deed 235.50 feet), to a 712 iron rod set for the southeast corner of the being described as 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 corner 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, Lamont County, Texas; BEGINNING at a 112" iron rod found for the northwest corner of the herein described tract of land, being the THENCE S 890 42' 56" W, along 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 3.31.89 feet, (deed .348.60 feet, to a 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, Out 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 feet THENCE N 00 °44' 24" W, (bearing basis), along and with the west line of the herein described tract of to a 112" 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 518" 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 BEGINNING, end containing 25819 acres, (112,469 square feet, of land. 2.46 feet; THENCE S 02 °54' 24" E, along and with the west right -of -way line of said South Main Street, a distance of 100.00 feet to a 112" iron rod set for corner of the herein described tract of land, and being the common east comer of said Lracts One and Two; 4 F- -1 F5'61 -1 7--7.5' Utility Easement o Ln o C) f o m m 2 -Tree ln L22'e. per Lot L 10' Roadway, Drainage & Utility Easement SO.o'� 50.0 31' R.O.W. 31' Pvmt. 10' Roadway, Drainage-J-� ICAL LOT DETAIL &Utility Easement S/ IF SUMMA S Y Land Area: 112,469 Sq. Ft. or 25819 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 J -4, Block B, will be located on the west side of the Lot. Minimum Area Regulations: Main Building 2,200 sf(Living Area Setbacks FY 22' Min, Sy 5' Min. 15' Adjacent to a side street RY 15' Min. Average Lot Area 7,021 of CITY OF EULESS WATER AND WASTEWATER IMPACT FEES Meter or Top Diameter Living Unit Equivalency Factor Water lmpoct Fee Sewer Impact Fee 5/8" or 314" 1.00 $1,477.90 $524.70 1 2.50 $3 694.75 $1311.75 1.5 5.00 $7,,389.50 $2,62J. 50 2 8.00 - 10.00 $11,82320 $4,19760 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 $1J5,966.80 $4H,212.40 8 80.00 - 160.00 $2,36,464.00 $86,952.00 lmpoct fees ore based on the size of water meter or tap serving the use. lmpoct fees are due of 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. W. Airport Fr-\N BUJ d > SUBJECTS TRACT 4� +' vi d a :. S' H, 183 �I m 0 d( U = U Location Mop LEGEND Min.FF = Minimum Finish Floor Elevation HO.A. - Homeowners Association BL - Building Line DE - Drainage Easement UE - Public Utility Easement R.D. &UE. - Roadway Drainage & Utility Easement - -Denotes Lot frontage ♦ - Denotes Street name change. 012"Tree - Denotes Trees to be Preserved Rotational Angle = f00 04621.6.3" Surface to Grid Combined Scale Factor = 0.999859487 Rotational Angle for Coord. System used = +00 011'48' O GRAPHIC SCALE 1 " =40' 40 0 40 80 CITY APPRO VAL 1 5-03-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: 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., 7NAF TIPTON ENGINEERING Suite 500 Irving, Texas 75038 a division of Westwood Office (972) 793 -0300 Fax (972) 226 -1946 March 03, 2015 Firm No. F -11756 0002288 CP -B.dwc Z LU 0 Q Z Z Q U Q 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. All second story windows on the rear elevations of homes built within Block "A" shall incorporate opaque glass. 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. 16.1f 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 facade. 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. Ordinance No. 2054, Page 5 of 10 6. Garages — certain plans/lots will offer an optional 1/2 car additional storage space or an optional 3rd car garage. 7. Cedar garage doors with steel support option available 8. Aggregate finished concrete driveways and lead walks - optional 9. Front up lighting options available. Ordinance No. 2054, Page 6 of 10 Exhibit C r, 111 rll 11 �1�IMI�� MIL_. 1111166, _11111A1111111111111 se Ee 111>11111111 — 'IIIIIIIIIIII .:: ... ... •Ir111�l1i�r ■IMS 1 =01:- .a. 11111111111•1111M at— r� N� Ili_ _. II Ii — amen -_ --_-,...- die tie eared= elierattfest s is M a: limn won Aig �J_JI�. Ii1ii;IiiiI ' 1111 w ll >Il•Oh E"all III r- tie amain* *kudos f A t fl M M I II II ■ \; II ■ II Allikl.11/1 \Amy t ( fi I aaarraa�aawr A 1111 .--I--- 1 E Al es.. =- tt_ll�l = III = = =1 IMS =- !mut =11lINf, -=41111111 taxa 1'_Htllitl } the lumthorse elevation d Ordinance No. 2054, 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 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. Ordinance No. 2054, Page 8 of 10 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 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 4 line shall be installed along a horizontal line that bisects the tree trunk, in Ordinance No. 2054, Page 9 of 10 ' 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. 2054, Page 10 of 10