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HomeMy WebLinkAbout2073 06-23-2015 ORDINANCE NO. 2073 AN ORDINANCE AMENDING CHAPTER 84 OF THE CODE OF ORDINANCES, IDENTIFIED AS THE UNIFIED DEVELOPMENT CODE OF THE CITY OF EULESS, TEXAS; AMENDING THE CITY OF EULESS ZONING DISTRICT MAP ON 12.457 ACRES WITHIN THE J. HAVENS SURVEY, ABSTRACT NO. 685 FROM PLANNED DEVELOPMENT (PD) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT; PROVIDING 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, Ordinance No. 1944, an ordinance of the City of Euless, Texas established a planned development zoning district in the City of Euless entitled Glade Parks and was approved by the City Council of the City of Euless on February 14, 2012; and, WHEREAS, the Planning and Zoning Commission has conducted a public hearing on June 2, 2015, in conjunction with Zoning Case No. 15-07-PD, and has rendered a recommendation to the City Council with respect to the 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 12.457 acres out of the J. Havens Survey, Abstract No. 685 from Planned Development (PD) to Planned Development (PD) zoning district 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. 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 3. 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 4. 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 5. 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 6. 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 APPROVED 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 o abstentions. Ordinance No. 2073, Page 2 of 13 APPROVED: Lin Martin, Mayor ATTEST: ee7,42 Kim utter, T MC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2073, Page 3 of 13 Exhibit A GLADE PARKS LIFESTYLE CENTER A Planned Development District in the CITY OF EULESS, TEXAS GLADE_PARKS CITY OF EULESS . TEXAS A MIXED USE DEVELOPMENT Ordinance No. 2073, Page 4 of 13 TABLE OF CONTENTS SECTION "1" — LEGAL DESCRIPTION SECTION "2" — APPLICABILITY AND PREVIOUS ORDINANCES SECTION "3" — DEVELOPMENT STANDARDS 1. Glade Parks Development Plan Exhibit A —Glade Parks Lifestyle Area Plan Exhibit B — Roundabout Center Design Exhibit C — Lifestyle Area Elevation Examples Exhibit D — Materials 3. Procedure Ordinance No. 2073, Page 5 of 13 SECTION 1 Legal Description BEING a tract of land situated in the J. Havens Survey, Abstract No. 685, City of Euless, Tarrant County, Texas, the subject tract being all of a tract conveyed to Glade Lifestyle, LLC, according to the deed recorded in Document No. D214230415 of the Official Public Records, Tarrant County, Texas (OPRTCT), and being part of a tract conveyed to Glade Inline I, LLC, according to the deed recorded in Document No. D214143036 OPRTCT, the subject tract being more particularly described as follows: BEGINNING at an "X" set in concrete on the west line of Rio Grande Boulevard, an 85 foot public right-of-way recorded in Document No. D211113566 OPRTCT, for the northeast corner of a tract conveyed to National Retail Properties, LP, recorded in Document No. D214189646 OPRTCT; THENCE S 89°23'41" W, 786.33 feet along the common line thereof to an "X" set in concrete on the east line of Brazos Boulevard, a 60 foot public right-of-way recorded in Document No. D213242835 OPRTCT; THENCE N 00°36'19" W, 669.00 feet along the east line thereof to an "X" set in concrete; THENCE departing the common line thereof, the following: N 89°23'41" E, 130.14 feet; N 00°36'19" W, 25.41 feet N 89°23'41" E, 144.95 feet S 00°36'19" E, 9.00 feet; N 89°23'41" E, 55.31 feet; N 00°36'19" W, 9.00 feet; N 89°23'41" E, 158.29 feet; S 00°36'19" E, 13.37 feet; N 89°23'41" E, 248.50 feet S 00°36'19" E, 11.62 feet; And N 89°23'41" E, 57.01 feet to the west line of Rio Grande Boulevard; THENCE along the common line thereof, the following: S 00°36'19" E, 546.90 feet; And around a tangent curve to the left having a central angle of 07°21'04", a radius of 957.50 feet a chord of S 03°04'13" W - 122.77 feet an arc length of 122.85 feet to the POINT OF BEGINNING with the subject tract containing 542,629 square feet or 12.457 Ordinance No. 2073, Page 6 of 13 acres of land. THIS LEGAL DESCRIPTION IS INTENDED FOR ZONING PURPOSES ONLY. Ordinance No. 2073, Page 7 of 13 SECTION 2 Applicability and Previous Ordinances Ordinance No. 1944 of the City of Euless established the design standards under which the Glade Parks Planned Development District operates and is developed. The intent of this ordinance is to supplement the previous Planned Development district through the modification of conceptual design graphics specific to the "Lifestyle Center" area of Glade Parks. All sections of Ordinance No. 1944 and the Exhibit "A" as attached are applicable to the above described property with any modifications to the ordinance text as indicated below. SECTION 3 Design Standards 1 Glade Parks Lifestyle Area Development Plan 1.1 General. The Glade Parks Lifestyle Area Development Plan, attached to these PD Standards as Exhibit "A" and incorporated herein, delineates the boundaries of the planned development district. The Glade Parks Lifestyle Area Development Plan includes the following elements: 1.1.1 Boundary Map; and 1.1.2 Development plan for the Glade Parks Lifestyle Area, 1.2 Conformance with Glade Parks Lifestyle Area Development Plan. Development of a subdistrict or tract within the Property must generally comply with the Glade Parks Lifestyle Area Development Plan attached hereto. The plan and subsequent exhibits are included in this ordinance as examples of the final development arrangement and design. They are not to be considered as final design which will be approved through the site plan process. Ordinance No. 2073, Page 8 of 13 Exhibit A -Glade Parks Lifestyle Area Plan ! If I .4,1 lipv --- **----1 44 1 1 . ' OF i • 48 - . ' . ..eitt VW IP di t iit ! • I . . tio t ;_ I:_1 ti'-.:. 1 ,„ i . , .7.11. /Mao . i ' ' •.i 1 lit 44! . , Ii Ii i ii 110- i ' 111 0 I % , oir.mout num. cow I, j ,!) CHISMOLJA TRAIL 0 r am lift An 0 /sr ANAIIIII00000# AR ..bi Lc , A ilEit_ 0 • I . . I Di. 1 0 trel a wfi . avakak is mai- , - . 41L 8. . p 0 $ 1 2:k. 1 all V s :1 L t;-11 ff il . . it IP I I 0 . *to 'los‘1:4,110 i Ordinance No. 2073, Page 9 of 13 Exhibit B Roundabout Center Design i " ! • . : voits If t. illitil< t 11".Pr -0 F' r -- _ s y i i' 4 44.,:„,..,:i„ is ,- < ; , ,r _ _ . . iNdllilli411 .7,,f ' ..... 1 hilir"P "4111:—.1. it,,1 jgsgppAIIIIIIIIIIIIIIIL Exhibit C Lifestyle Area Elevation Examples Ordinance No. 2073, Page 10 of 13 Y t c�,�� n+ iter r t . acorn a ,,,,,, a ., , omit S fit• RT LZ7 m t lamm E lila:ii ifs, solo se ' IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIM I a , I. _ 1 . .._I L._ .. .... nam a UTAK 1 RETAIL 2 — E 3 ARR€TAIL6 RETAIL ■ w- i ■ a=+a .. ii...i. ...a'- .ara1EAiaa.is.asas ` saarar Ordinance No. 2073, Page 11 of 13 Exhibit D Materials 9 :1 him damn_ i I 2 s • _ III 11 4- i4 + i . to_ It 1 • .. s.:••..-.i':,' t 4# kWu ...- .'k:i I 0%i ,* .02,''.7.t" :-.. ^ ,„ K. 4 -• ) : r ,„,,t ' it ! c , , , ..,,_ :Illi t„ } i.,. r . # r I Ordinance No. 2073, Page 12 of 13 2. Procedure 2.1 Site Plan. Prior to the city's issuance of construction and/or building permits, a site plan must be approved by the City's Planning and Zoning Commission and the City Council in accordance with the City's Unified Development Code. 2.2 Amendment of Site Plan. At any time following the approval of a site plan and before the lapse of such approval, the property owner(s) may request an amendment. Amendments shall be classified as major and minor. Minor amendments shall include corrections of distances and dimensions, adjustments of building configuration and placement, realignment of drives and aisles, layout of parking, adjustments to open space, landscaping, and screening, changes to utilities and service locations, and other development aspects which do not substantially change the original plan. Any increase of building height or proximity to an adjacent (offsite) single-family detached residential use shall not be considered a minor amendment. If the original site plan was approved administratively or the amendment constitutes a minor amendment, the Director of Planning may approve or disapprove the minor amendment. Disapproval may be appealed to the Planning & Zoning Commission and the City Council. All other amendments shall be referred to the Planning & Zoning Commission and City Council. 2.3 Amendment of this Planned Development District. Amendment of any portion of this Planned Development District shall require only the petition of the owner of the portion of the Property subject to the respective amendment to the Planning and Zoning Commission and City Council and shall not require the consent of any other property owner within the Property. For purposes of satisfying the notice requirements under State law and the City of Euless Unified Development Code, notice need only be sent to the owners of property within 200 feet of the portion of the Property subject to a change. Ordinance No. 2073, Page 13 of 13