HomeMy WebLinkAbout2070 06-23-2015 ORDINANCE NO. 2070
AN ORDINANCE AMENDING CHAPTER 84 OF THE CODE OF
ORDINANCES, THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
EULESS, TEXAS; AMENDING THE CITY OF EULESS ZONING
DISTRICT MAP ON PROPERTY SITUATED IN THE A. J. HUITT
SURVEY, ABSTRACT NO. 709, A 14.194 ACRE TRACT OF LAND,
FROM TEXAS HIGHWAY 10 MULTI-USE ZONING DISTRICT (TX-10) TO
PLANNED DEVELOPMENT DISTRICT (PD); ADOPTING SPECIFIC
DEVELOPMENT SCHEDULE AND DEVELOPMENT STANDARDS;
PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY
FOR VIOLATIONS; 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 June 2, 2015, in conjunction with Zoning Case No. 15-03-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 June 23, 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 14.194 acres out of the A. J. Huitt Survey, Abstract No. 709 as described on the
attached Exhibit "A-1", is changed from Texas Highway 10 Multi-use Zoning (TX-10) to
Planned Development (PD) consisting of three (3) subdistricts as depicted herein on the
attached Exhibits "A-2", "A-3" and "A-4"; the subdistricts being further described on
Exhibits "B-1" and "B-2" (Commercial/Single Family Residential Design Standards &
Elements), Exhibits "C-1" and "C-2" (Single Family Residential Design Standards &
Elements), and Exhibits "D-1" and "D-2 "(Senior Housing Multifamily Residential Design
Standards & Elements).
SECTION 2.
DEVELOPMENT SCHEDULE. The development schedule for the Senior Housing
Multi-Family Residential Dwellings shall require the commencement of construction of the
project within 365 days from the date of approval of this Ordinance. Failure to meet the
development schedule shall result in the reconsideration of the zoning by the Euless City
Council to rezone to Texas Highway 10 Multi Use Zoning District (TX-10) in accordance
with Section 84-140(7)(b) of the Euless Unified Development Code.
SECTION 3.
DEVELOPMENT STANDARDS
GENERAL DEFINITIONS. Senior Multi-Family Housing shall be defined as a
building containing three or more independent and separate dwelling units which may or
may not have common access through halls or stairways. Residency of senior multi-family
housing shall be limited to senior citizen residents.
Senior citizen residents shall be defined as individual residents at least fifty-five (55) years
of age or older.
Age Restriction. The Property shall be deed restricted as to the potential
development and use of a senior independent living community on the Property.
Specifically, each unit shall be solely occupied by individuals fifty five (55) years of age
or older. A copy of the deed restrictions for the Property shall be submitted to the City
Attorney for review and approval prior to the issuance of any replat or building permits for
the construction of a senior living community. The deed restrictions must be filed of record
with the plat. Any termination or amendment of the deed restrictions shall require the
review of the City Attorney and the approval of City Council of the City of Euless prior to
recordation.
Landscaping. Any development within this district shall be in compliance with the
landscape standards of Section 84-334 of the Euless Unified Development Code.
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.
Ordinance No. 2070, Page 2 of 20
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, as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on June 23, 2015 by a vote of 6 ayes, 0 nays,
and 0 abstentions.
APPROVED:
Li a Martin, Mayor
ATTEST:
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Kim`` utter, T MC, City Secretary
APPROVED AS TO FORM:
ck___Wayne Olson, City Attorney
Ordinance No. 2070, Page 3 of 20
Exhibit A-1
Legal Description for 14.194 acres (Primary Tract)
DESCRIPTION 14.194 ACRES
SITUATED in the City of Euless, Tarrant County, Texas, in the A. J. Huitt Survey,
Abstract No. 709, being a survey of Tract A of Oak Crest Estates, an addition to Euless,
Tarrant County, Texas according to the map thereof recorded in volume 388-14, page 29
of the Tarrant County plat records; a survey of Parcel No. 1 and Parcel No. 2 of Ordinance
No. 880 recorded in volume 8537, page 695 of the Tarrant County deed records; and
being a survey of Lots 1, 2 and 3 of the Alexander & Cullum Subdivision recorded in
volume 388-C, page 109 of the Tarrant County plat records and a survey of the tract
3.3250 acre tract described in a deed from Lane and Tisdale Joint Venture to Centex
Investments, Inc., Trustee, dated August 30, 1984, recorded in volume 7945, page 429
of the Tarrant County deed records, being described by metes and bounds as follows:
BEGINNING at a '/2-inch iron pin set at the northeast corner of said Tract A, in the
south right-of-way line of East Euless Boulevard (State Highway 10) and the west right-
of-way line of Dickey Drive;
THENCE southerly with the east line of said Tract A and the west right-of-way line
of said Dickey Drive as follows:
South 01°06'43" East, 5.34 feet to a '/2-inch iron pin set at the P.C. of a
curve to the left;
THENCE along said curve, a radius of 472.90 feet, an arc length of 298.91
feet, a central angle of 36°12'55", a chord direction of South 19°13'10" East
and a chord length of 293.96 feet to a 1A-inch iron pin set at the northeast
corner of the tract recorded in volume 4424, page 909;
THENCE South 88°49'56" West, with the north line of said tract in volume 4424,
page 909, 104.92 feet to a '/2-inch iron pin found at the northwest corner of said tract in
volume 4424, page 909;
THENCE South 01°03'54" East, with the west line of said tract in volume 4424,
page 909 and passing its southwest corner and the northwest corner of the tract recorded
in volume 5749, page 174, continuing with the west line of said tract in volume 5749, page
174, in all, 130.98 feet to a '/2-inch iron pin found at the southwest corner of said tract in
volume 5749, page 174;
THENCE South 89°03'29" West, 189.05 feet to a 1/2-inch iron pin found at the east
inside corner of the 1.610 acre tract recorded as document number D213053347;
THENCE North 01°04'00" West, an east line of said 1 .610 acre tract, 20.33 feet to
a 1/2-inch iron pin found at the north-northeast corner of said 1.610 acre tract;
Ordinance No. 2070, Page 4 of 20
THENCE South 88°25'30" West, with the north line of said 1.610 acre tract, 32.01
feet to a 1/2-inch iron pin found at the north-northwest corner of said 1.610 acre tract;
THENCE South 02°07'41" East, with a west line of said 1.610 acre tract, 20.18 feet
to a 1/2-inch iron pin found at the west inside corner of said 1.610 acre tract;
THENCE South 89°05'57" West, with a north line of said 1.610 acre tract, 125.12
feet to a 1/2-inch iron pin set;
THENCE South 01°06'00" East, 60.87 feet to a 1/2-inch iron pin found at the
northeast corner of Lot 8R, Block 1 of Oak Crest Estates recorded in volume 388-18,
page 19 of said Tarrant County plat records; same being in the south line of said Tract A;
THENCE South 88°54'00" West, with the south line of said Tract A, passing the
southwest corner of said Tract A and the southeast corner of said Parcel No. 1 at 610.84
feet and continuing with the south line of said Parcel No. 1, in all, 640.84 feet to a 1/2-inch
iron pin found at the southwest corner of said Parcel No. 1; same being in a curve, the
radius point bears North 88°14'11" East, 651.00 feet;
THENCE northerly with the west line of said Parcel No. 1 as follows:
To the right along said curve, an arc length of 74.96 feet, a central angle of
6°35'51", a chord direction of North 01°32'06" East and a chord length of
74.92 feet to a 1/2-inch iron pin found at the southeast corner of said Parcel
No. 2;
THENCE North 89°06'51" West, with the south line of said Parcel No. 2, passing
the southwest corner of said Parcel No. 2 and the southeast corner of said 3.3250 acre
tract at 30.07 feet and continuing with the south line of said 3.3250 acre tract, passing the
southeast corner of said Lot 3 at 124.94 feet and continuing with the south line of said Lot
3, in all 324.94 feet to a '/2-inch iron pin set at the southwest corner of said Lot 3, in the
east right-of-way line of Cullum Drive;
THENCE North 01°42'31"West, with the east right-of-way line of said Cullum Drive
and with the west line of said Lot 3, 2 & 1, 435.60 feet to a 1/2-inch iron pin set at the
northwest corner of said Lot 1; same being in the south right-of-way line of said East
Euless Boulevard and the northwest corner of said 3.3250 acre tract;
THENCE easterly with the south right-of-way line of said East Euless Boulevard
as follows:
South 89°09'49" East, with the north line of said 3.3250 acre tract, passing
the northeast corner of said 3.3250 acre tract and the northwest corner of
said Parcel No. 2 at 349.98 feet, continuing with the north line of said Parcel
No. 2, in all, 380.01 feet to a 1/2-inch iron pin found at the northeast corner
of said Parcel No. 2 and the northwest corner of said Parcel No. 1;
Ordinance No. 2070, Page 5 of 20
South 89°06'15" East, with the north line of said Parcel No. 1, passing the
northeast corner of said Parcel No. 1 and the northwest corner of said Tract
A at 30.03 feet, continuing with the north line of said Tract A, in all 946.92
feet to the PLACE OF BEGINNING and containing 14.194 acres.
Ordinance No. 2070, Page 6 of 20
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Exhibit B-1
Subdistrict 1
Commercial / Single Family Residential Design Standards
Commercial Development
All development standards for commercial / office development shall be to the
standards of the Texas 10 Multi-Use District (Section 84-112 of the Euless Unified
Development Code) as amended, or otherwise modified by the following design
standards.
1. Allowable uses shall be limited to office, retail, warehousing and single family
residential
2. Prohibited uses shall include mining, oil and gas extraction, automotive repair,
service shops, fabrication and assembly, mining, oil and gas extraction, farming,
raising livestock, kennels and pounds, camps and trailer parks, substance abuse
centers, parole-probation homes, cemeteries and mausoleums, electrical
substations, and utility transmission facilities.
3. The façades shall be ninety percent (90%) masonry materials consisting of brick,
stucco and/or stone. The percentage of materials on the façade shall be
calculated excluding the area of doors, windows and other penetrations to the
exterior façade.
4. Gutters shall be painted and/or color matched to other architectural elements.
5. Off-street parking shall be provided at a minimum ratio of four (4.0) parking
spaces per one thousand square feet of floor area. Fractions of parking spaces
shall be rounded up to the next whole number.
Single Family Residential Development
1. Single family residential use shall be allowed in Subdistrict 1.
2. Any single family development in Subdistrict 1 shall conform to the "Single Family
Residential Design Standards" as outlined on Exhibits "C-1" and "C-2".
Ordinance No. 2070, Page 10 of 20
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Exhibit B-2: Commercial— Building Exteriors
Convenience Retail Convenience Retail Convenience Retail
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Exhibit C-1
Subdistrict 2
Single Family Residential Design Standards
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 after satisfying the 90%
masonry requirement. 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 4 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.
Ordinance No. 2070, Page 12 of 20
Optional Features — Variations per plan and customer selections
20.Dormer windows & Arched windows.
21.Second story front/rear porches per plan.
22.Stone facades options with additional stone details.
23.Decorative cedar accents per elevation.
24.Decorative porch rails and columns per plan selected.
25.Garages — certain plans/lots will offer an optional 1/2 car additional storage space.
26.Cedar garage doors with steel support option available
27.Aggregate finished concrete driveways and lead walks — optional
28.Front up lighting options available
Ordinance No. 2070, Page 13 of 20
Exhibit C-2: Single Family Residential— Building Elevations
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Exhibit D-1
Subdistrict 3
Senior Housing Multifamily Residential Design Standards
1. The dwelling unit count shall not exceed 120 units or 24 units per acres.
2. Dwelling unit types shall consist of 1 bedroom and 2 bedroom units.
3. The minimum floor area per unit shall be 700 square feet for 1 bedroom units and 925
square feet for 2 bedroom units.
4. Side and rear building setbacks shall be 80' for buildings having 3 stories or more, and
20' for building having less than 3 stories.
5. Building setbacks from property boundaries abutting public rights-of-way shall be a
minimum of 30'.
6. The maximum building height for any building shall be 58' not exceed 4 stories.
7. Minimum roof pitch shall be 4:12, except porches.
8. Roof material shall be metal roofing and/or asphalt shingles.
9. Asphalt shingle shall be architectural grade shingles.
10. The façades shall be ninety percent (90%) masonry materials consisting of brick, stucco
and/or stone. The percentage of materials on the façade shall be calculated excluding
the area of doors, windows and other penetrations to the exterior façade.
11. Cementitious fiberboard siding or other alternative materials varying from the required
masonry products may be requested by the developer for certain ancillary structures.
The City of Euless Building Official shall determine if design of the ancillary structure
warrants changes to the required masonry percentages.
12. Eaves and Soffits —consist of durable siding products.
13. Windows will be single hung vinyl placed with proper wall to window ratio.
14. If shutters are used, shutters shall be the same height as the associated opening.
15. Gutters shall be painted and/or color matched to other architectural elements.
16. Perimeter fencing at any property line immediately adjacent to residential zoning and/or
residential uses shall be a solid opaque fence. The fence material shall be wood. The
minimum fence height shall be 6 ft tall. Masonry columns shall be allowed but not
required along the fenceline.
17. Perimeter fencing along any public right-of-way shall be decorative metal fencing. The
minimum fence height shall be 4 ft tall. Masonry columns shall be allowed but not
required along the fenceline.
18. If perimeter fencing is installed adjacent to non-residential uses, the fencing material
shall be decorative metal fencing or a solid opaque fence. The fence material shall be
metal, or wood. The minimum fence height shall be 6 ft tall. When a masonry base is
provided, the masonry base shall be considered part of the fencing for the purposes of
measuring the height. Masonry columns shall be allowed but not required along the
fenceline.
19. Off-street parking shall be provided at a minimum ratio of one (1.0) parking spaces per
dwelling unit. Fractions of parking spaces shall be rounded up to the next whole number.
20. Parking requirements may be satisfied by a combination of surface parking, garage
parking or surface parking covered by a carport.
Ordinance No. 2070, Page 17 of 20
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