HomeMy WebLinkAbout1353 03-09-1999�,,DI N N0) , 13
AN ORDINANCE AMENDING CHAPTER 84 OF THE CODE OF ORDINANCES,
IDENTIFIED AS THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
EULESS, TEXAS; e"!.NIE NDING THE CITY OF EULESS ZONING DISTRICT
MAP ON THE BRYANT HARRINGTON SURVEY, ABSTRACT 8 08, TRACTS 2,
213, 2C, 313 AND A PORTION OF TRACT 3, AND LE\Tl( FRANKLIN SURVEY,
ABSTRACT 513, PORTIONS OF TRACTS 4D, 4F, AND 171, FROM THE
CURRENT ZONING CLASSIFICATIONS OF CUD 7394 QCOIO/ MUNI T Y UNIT
DEVELOPMENT NO. 739), CUD 768 (COMMUNITY UNIT DEVELOPMENT NO.
768) AND C -2 (COMMUNITY BUSINESS DISTRICT) TO PD 1353 (PLANNED
DEVELOPMENT DISTRICT NO. 1353) FOR MULTI- FAMILY RESIDENTIAL
DWELLINGS WITH DENSITY OF 17.9 UNITS PER ACRE (NO MORE THAN
365 UNITS), 169 UNITS OF INDEPENDENT OR ASSISTED LIVING, AND A
PUBLIC PARKS PROVIDING FOR A SEVER`"BI LI Tif CLAUSE, PENALTY FOR
VIOLATION AND AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission has conducted a public hearing on
January 19, 1999, in conjunction with Zoning Case No. #98 -03 -PD, and has rendered a
recommendation to the City Council with respect to this case;
W11HEREAS, the City Council has conducted a public hearing on March 9, 1999,
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;
[MOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF TIME CITY OF
EULESS, TEXAS:
SEC I H i
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
classifications of the property specifically described in "Exhibit A" (attached hereto and
made a part hereof), be changed from the current zoning classifications to PD 1353
(Planned Development District No. 1353) For Multi - Family Residential Dwellings With A
Density Of 17.9 Units Per Acre (no more than 365 units), 169 units of Independent or
Assisted Living, and a Public Park in accordance with the Development Plan labeled as
"Exhibit B" (attached hereto and made a part hereof). The Multi - Family portion of the
Planned Development District shall conform to R -5 (Multi - Family High Density Dwelling
District) uses and development standards as they currently exist except as shown on
Exhibit B or stipulated herein. The Independent or Assisted Living portion of the
Planned Development District shall conform to TX -121 (the 121 Gateway District)
development standards as they currently exist or are stipulated herein. Said property
described above shall be subject to all the safeguards and conditions set forth on said
Development Plan or stipulated herein. Said Development Plan shall be applicable
only to the property described herein.
Ordinance No. 1353 Page 1 of 9
Said amendment to the official zoning district map of the City of Euless, Texas, shall be
in effect only after a restrictive covenant is filed with Tarrant County that meets the
following criteria. The restrictive covenant shall be acceptable to Mr. Art Anderson or
other attorney for the applicant, and to the Euless City Attorney. It shall state that
private funding will be provided for the construction of the proposed north /south
boulevard (proposed to be called Gateway Boulevard) at the time that any one -third of
the property to the west of the proposed park is developed; that property to the west
being Tracts 4 and 4B and portions of Tracts 3 and 3B, Bryant Harrington Survey,
Abstract No. 808, being bounded on the north by the northern line of Tracts 4B and 3B
(Bryant Harrington Survey, Abstract No. 808), on the east by the western right -of -way
line of the proposed Gateway Boulevard, on the south by the centerline of the
proposed east/west boulevard (proposed to be called Centurion Boulevard), and on the
west by the eastern right -of -way line of S. H. 121.
, EC I®N 2
DEVELOPP,ffiNT STANDARDS
DeveBoppv o- ni P, an BI®ck D, Lot I e Park
This parcel shall be conveyed to the City of Euless, Texas, for public park purposes
before the issuance of a Building Permit for Development Plan Block D, Lot 2.
Conveyed land will include a minimum eight foot wide strip of land between
Development Plan Block D, Lot 2 (independent or assisted living facility parcel) and the
existing drainage channel for access to the park as reflected on the Development Plan.
Pedestrian access shall be made available into the park area through the existing
Carlisle Pines Addition and Woodbury Forest Addition either by a jogging trail to the
park or through a portion of the park itself. In addition, the park shall be made usable
for the residents of the independent or assisted living center. Five parking spaces shall
be placed on the east side of the adjacent proposed north /south boulevard (proposed
to be called Gateway Boulevard), approximately 150 feet from the northern property
line of the independent/assisted living parcel.
The park shall be designed and maintained ,per Crime Prevention Through
Environmental Design (CPTED) criteria. The developer shall pay for drainage
improvements, relocation of the existing channel, and park improvements.
velopli dent PDain �Cqk D% Lot 2 m Mdependent or Assisted
L6a uA acil ty
Timing
Park improvements including but not limited to the following shall be commenced on
Development Plan Block D, Lot 1, at the same time as or prior to commencement of
any construction on Development Plan Block D, Lot 2:
Ordinance No. 1353 Page 2 of 9
Improvements shown on the Development Plan
Drainage design and improvements as required by the Unified Development
Code, except that the creation of a natural channel and finger lakes is the
specific intent of this Planned Development
Installation of concrete stub outs to the bridges for the purpose of pedestrian
access
Allowed Use
The allowed use for the parcel designated as Block D, Lot 2, on the Development Plan
shall be an independent or assisted living facility. This facility shall be licensed by the
Texas Department of Human Services. Residents shall be at least 55 years of age or
older, or shall be disabled.
General Definition
Independent or Assisted Living Facilities are generally defined as being those facilities
which require no full time nurse or registered medical technician, but which offer
medication reminders or administration, as well as occasional assistance with bathing
or dressing to adults who are over 55 years of age or are disabled.
Density
The dwelling unit count shall not exceed 169 units of independent or assisted living.
Building Setbacks
Three story buildings or portions of buildings shall be a minimum of 150 feet from the
rear wall of any existing residential dwelling unit, Two story buildings or portions of
buildings shall be a minimum of 100 feet from the rear wall of any existing residential
dwelling unit. Two or three story buildings or portions of buildings shall have minimum
30 foot front, side, and rear yards.
Height
The facility shall be a maximum of 36 feet in height and shall have no more than three
stories.
Fagade Materials
The facility fagade shall be 90% masonry as defined by the Chapter 84 of the City of
Euless Code of Ordinances.
Parking
Maximum off street parking shall be .75 spaces per unit.
Landscaping and Screening
Developer of Development Plan Block D, Lot 2 will offer to the seven single family
properties (being Woodbury Forest Addition, Block A, Lots 27, 28, 29, 30, 31, 32, 33),
which have rear yards adjacent to the independent or assisted living facility parcel
either: (a) landscaping assistance by providing 5 gallon "Photinia Fraseri" shrubs or
similar type and height plants in sufficient quantity to be placed along the rear of the
lots every four feet on center or (b) a ten foot tall wood stockade type fence (which may
include lattice treatment in the flop 2 feet) along the rear property line of the lots.
Ordinance No. 1353 Page 3 of 9
Developer of Development Plan Block D, Lot 2 shall install a six foot wrought iron fence
along the eastern boundary of the lot, with landscaping on the west side of the fence.
Within 150 feet of the rear wall of any existing residential dwelling unit, transparent
windows shall not be permitted without installation of a fence or landscaping to block
the view, if they would provide a direct view into the rear window of an existing single
family dwelling unit. Installation of fences and landscaping to block direct views is
encouraged. Translucent glazing and translucent glass blocks are allowed below six
feet, irrespective of their placement or distance from the homes.
Devev ®rent Ran BDock & L of I - MulfiAFamfly
Density
Density shall not exceed 17.9 units per acre. The dwelling unit count shall not exceed
365 units. Units per structure shall not exceed twenty units.
Building Setbacks
A one story building or one story portions of a building shall have minimum 20 foot side
yards. Front, side, and rear yards of two or three story buildings shall be a minimum of
30 feet.
Height
Peak of roof ridge line shall not exceed 47 feet in height. Chimneys may extend beyond
this maximum building height no more than 4 feet.
Parking
All first and second floor units shall have attached garages. Third floor units shall not
be required to have attached garages. 60% of the units shall have a direct access
garage. All remaining units shall be assigned a minimum of one covered parking space
(enclosed garage or carport). Tandem spaces are allowed and will count as required
parking.
Minimum Parking Provided shall be:
One Bedroom Unit 1.75 parking spaces
Two Bedroom Unit 2 parking spaces
Three Bedroom Unit 2.5 parking spaces
Roadways
Priest Road will not be extended west within the scope of this Planned Development.
Centurion Drive shall be curvilinear in design beginning from the SH 121 service road
and ending at its intersection with Gateway Boulevard. A roadway section to the
centerline of this entire length shall be constructed prior to the issuance of a certificate
of occupancy for each of the properties abutting Centurion Drive.
Ordinance No. 1353 Page 4 of 9
SECTION' 3
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.
SECT H 4
PENALTY FOR VIOLATION. Any person, firm, or corporation violating the terms and
provisions of this ordinance, or the amendments to the comprehensive zoning
ordinance of the City of Euless hereby made, shall be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be liable to a fine in an amount not to exceed Two -
Thousand Dollars ($2,000) and each day such violation shall continue or be permitted
to exist shall constitute a separate offense. Any amendment to the general penalty
provision found in the comprehensive zoning ordinance of the City of Euless, as
amended, shall be deemed to automatically amend this penalty provision in conformity
therewith.
SECTION 5
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 the ninth day of March, 1999, by a vote of 5 ayes, 1 nay,
and no abstentions.
APPROVED:
�J c
Maury J L-iib SA IT, Mayor a-AA2�Y-LL
ATTEST-
_ T
rim, CM !AAE, City Secretary
A IR O' D A
Bob McFarland, City Attorney
Ordinance No. 1353 Page 5 of 9
o_u A, ORDNANCE NO. 1353
The zoning district classification of the following parcels of land is changed by
Ordinance No. 1353 to PD 1353 (Planned Development District No. 1353) ONLY FOR
THE PORTIONS INCLUDED IN THE METES AND BOUNDS DESCRIPTION BELOW.
The metes and bounds description below includes all of the following tracts:
Bryant Harrington Survey, Abstract 808
Tract 2
Bryant Harrington Survey, Abstract 808
Tract 213
Bryant Harrington Survey, Abstract 808
Tract 2C
The metes and bounds description below includes portions of the following tracts:
Bryant Harrington Survey, Abstract 808
Tract 3
Bryant Harrington Survey, Abstract 808
Tract 3B
Levy Franklin Survey, Abstract 513
Tract 4D
Levy Franklin Survey, Abstract 513
Tract 4F
Levy Franklin Survey, Abstract 513
Tract 4F1
Metes and Bounds Description:
BEING a tract of land situated in the Levi Franklin Survey, Abstract No. 513 and the
Bryant Harrington Survey, Abstract No. 808 in the City of Euless, Tarrant County,
Texas and being part of those tracts of land described in deeds to Univest Corporation,
recorded in Volume 5319, Page 779, Volume 5319, Page 788 and Volume 5840, Page
702 of the Deed Records of Tarrant County, Texas, to Peter Shaddock, Trustee,
recorded in Volume 9304, Page 1447 of the said deed records and also that tract of
land as described on the survey by David C. Moak, shown as exhibit "C" to the
boundary line agreement between Peter Shaddock, Trustee and Roland Maddox,
Trustee, recorded in Volume 8055, Page 1421 of the said deed records and being
more particularly described as follows:
BEGINNING at a point on the east line of State Highway No. 121 (a variable
width right -of -way) said point being the southwest corner of the above said Univest tract
and being the northwest corner of the Mansions by the Vineyard Addition, an addition
to the City of Euless as recorded in Plat Cabinet "A ", Slides 4026 and 4027 of the Map
Records of Tarrant County, Texas, said point also being in a non - tangent curve to the
left running in a northerly direction and having a central angle of 05 °47'10" a radius of
11689.16 feet and a chord bearing of N. 09 °12'19 "E.;
THENCE along said curve, and along the said east line of State Highway No.
121, 306.71 feet to the end of said curve, a point for corner;
THENCE N. 89 1121'00 "E., 234.41 feet leaving the said east line of State
Highway No. 121, to a point for corner, said point being in a non - tangent curve to the
left running in a northerly direction and having a central angle of 05 °07'07" a radius of
11919.16 feet and a chord bearing of S. 07 °48'58 "E.;
THENCE along said curve 1064.82 feet to the end of said curve, a point for
corner, said point being in a non - tangent curve to the right running in an easterly
direction and having a central angle of 20 1157'07" a radius of 703.60 feet and a chord
bearing of N.62 °17'49" E.;
Ordinance No. 1353 Page 6 of 9
THENCE along said curve 257.29 feet to the end of said curve, a point for
corner;
THENCE S. 51 049'16" E., 87.63 feet to a point for corner, said point being the
beginning of a curve to the left having a central angle of 30 058'46" a radius of 496.40
feet and a chord bearing of S. 67 118'39" E.;
THENCE along said curve 268.40 feet to the end of said curve, a point for
corner;
THENCE S. 82 °48'02" E., 102.77 feet to a point for corner;
THENCE N. 08 051'13" E., 884.15 feet to a point for corner;
THENCE N. 00 009'07" W., 66.47 feet to a point for comer being on the north
line of the said Univest tract, said point also being on the south line of a tract of land as
conveyed to Zolon A. Wilkins and wife, Edna Wilkins by deed recorded in Volume
6145, Page 597 of the said Deed Records-,
THENCE N. 89 °50'53" E., 302.37 feet along the said common property line
between the Univest tract and the Wilkins tract to a point for corner;
THENCE S. 00 1136'08" E., 416.93 feet leaving the said common property line
between the Univest tract and the Wilkins tract to a point for corner;
THENCE S. 00 1109'38" W., 406.44 feet to a point for corner;
THENCE N. 88 030'17" E., 8.41 feet to a point for corner;
THENCE S. 01 °07'46" E., 137.89 feet to a point for corner;
THENCE S. 28 043'47" E., 48.64 feet to a point for corner, said point being the
beginning of a curve to the right having a central angle of 12 029'16" a radius of 293.85
feet and a chord bearing of S. 22 029'09" E.;
THENCE along said curve 64.05 feet to the end of said curve, a point for
corner;
THENCE S. 16 °14'31" E., 137.68 feet to a point for comer;
THENCE S. 00 017'47" E., 30.00 feet to a point for corner, said point being on
the north line of a tract of land as conveyed to Priest Baze by deed recorded in Volume
2374, Page 296 of the said Deed Records;
THENCE S. 88 1106'56" W., 577.00 feet along the said north line of the Baze
tract to a point for corner;
THENCE S. 00 015'51" E., 754.83 feet along the west line of the said Baze tract
to a point for corner, said point being the northeast corner of the above said Mansions
by the Vineyard Addition;
THENCE S. 89 1121'00" W., 1047.48 feet along the north line of the said
Mansions by the Vineyard Addition to the Point of Beginning and containing 32.528
acres of land.
Ordinance No. 1353 Page 7 of 9
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