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HomeMy WebLinkAbout2106 05-10-2016ORDINANCE NO. 2106 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 9.2562 ACRE TRACT WITHIN THE B.F. CROWLEY SURVEY ABSTRACT NO. 320, FROM SINGLE FAMILY DETACHED DWELLING DISTRICT (R-1) TO PLANNED DEVELOPMENT DISTRICT (PD); ADOPTING SPECIFIC 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 April 5, 2016, in conjunction with Zoning Case No. 15 -10 -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 May 10, 2016, 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 9.2562 acre tract within the B.F. Crowley Survey, Abstract No. 320 as described on the attached Exhibit "A-1" and "A-2", is changed from Single Family Detached Dwelling District (R-1) to into Planned Development (PD) being further described on Exhibits "13-1" (Single Family Residential Design Standards & Elements). SECTION 2. DEVELOPMENT STANDARDS It is hereby declared that the following development standards shall be applicable to the Planned Development zoning district. All other development standards to residential development within the City of Euless Unified Development Code (Chapter 84 City of Euless Code of Ordinances) are applicable to this Planned Development with the exception of the following: 1. Minimum lot size — 6000 square feet. Average 7,935 square feet. 2. Maximum lot coverage shall be 60 percent. 3. Minimum lot width — 54' 4. No alleys shall be required. 5. All lots to have full sprinkler and full sod. 6. Sidewalks will be provided to current City of Euless standards of 5' in width. 7. Minimum single family home size — 2,000 square feet. Average 2,300 square feet. 8. Front Yard Setback — 15' minimum at residence. 20' at garage. 9. Side Yard Setback — 7.0' minimum, 15' Adjacent to a side street. 10. Rear Yard Setback — 15' minimum. 11. Minimum 90% masonry material coverage on all facades. Cementitious siding product may be located at second floor areas framed over roof at first floor. 12. Rear elevations of second story homes of lots that abut adjacent subdivisions shall limit windows to translucent and not transparent glass. 13. Minimum Roof Pitch: 8:12, except porches. — Minimum 3:12 at shed roofs, dormers, awnings, and at second floor windows only. 14. Masonry subdivision walls will be installed along the Ash Lane frontage of the subdivision. 15.A masonry screening wall is identified to be located along a portion of the west side of Benjamin Road and the south side of Block A, Lot 1. The Developer pledges their cooperation with the City of Euless to modify the location of the masonry screening wall and agrees to allow the City of Euless to construct a drive approach off of Benjamin Road. The City Council authorizes the City Manager to modify the location of the masonry screening wall to accommodate future capital improvements related to Fire Station Number One. 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. SECTION 4. 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 5. Ordinance No. 2106, Page 2 of 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 6. 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 7. 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 May 10, 2016 by a vote of 6 ayes, 1 nays, and 0 abstentions. APPROVED: i111. ,. IWE _ -WoMMILYMCMI. ATTEST: Kim utter, TRMC, City Secretary Ordinance No. 2106, Page 3 of 7 APPROVED AS TO FORM: Wayne Olson, City Attorney Exhibit A-1 Legal Description BEING a 9.2562 acre tract or parcel of land situated in the B.F. CROWLEY SURVEY, Abstract No. 320, City of Euless, Tarrant County, Texas, and being a part of that certain tract of land described in deed to Hurst -Euless -Bedford Independent School District Board of Trustees recorded in Volume 4919, Page 53, Deed Records, Tarrant County, Texas (D.R.T.C.T.), and being more particularly described as follows: BEGINNING at an aluminum monument found at the southwest corner of Block 1 of WOODLANDS ADDITION, an Addition to the City of Euless, according to the plat thereof recorded in Volume 388-149, Page, 93, Deed Records, Tarrant County, Texas, said point being in the North line of East Ash Lane, a 60 -foot public right of way, and being at the northeast corner of the right of way easement agreement to the City of Euless recorded in Volume 6544, Page 789, Deed Records, Tarrant County, Texas; THENCE South 89 degrees 50 minutes 26 seconds West, along the north line of said Ash Lane, a distance of 515.55 feet to an aluminum monument found at the southeast corner of the tract of land described in deed to the City of Euless recorded in Instrument Number D215121344, Official Public Records, Tarrant County, Texas; THENCE North 01 degrees 29 minutes 36 seconds West, along the east line of said City of Euless tract, a distance of 167.29 feet to an aluminum monument found at the northeast corner of said City of Euless tract; THENCE South 89 degrees 50 minutes 26 seconds West, along the north line of said City of Euless tract, a distance of 140.00 feet to a 5/8" iron rod with yellow cap stamped "JDJR" set at the northwest corner of said City of Euless tract, said point being at the easterly southeast corner of EDINBOROUGH ADDITION, an Addition to the City of Euless, according to the plat thereof recorded in Cabinet A, Slide 8106, Plat Records, Tarrant County, Texas; THENCE North 01 degrees 29 minutes 36 seconds West, along the east line of said EDINBOROUGH ADDITION, a distance of 472.12 feet to a 1/2" iron rod found at the northeast corner of said EDINBOROUGH ADDITION and being in the southerly line of WOODLANDS III ADDITION, an Addition to the City of Euless according to the plat thereof recorded i Volume 388-174, Page 74, Deed Records, Tarrant County, Texas; THENCE North 01 degrees 29 minutes 36 seconds West, along the southerly line of said WOODLANDS III ADDITION, a distance of 6.49 feet to an aluminum monument found at the northwest corner of said Hurst -Euless -Bedford Independent School District tract; THENCE North 89 degrees 23 minutes 24 seconds East, along said WOODLANDS III ADDITION and along the north line of said Hurst -Euless -Bedford Independent School District tract, a distance of 660.42 feet to a "PK" nail found at the southeast corner of Ordinance No. 2106, Page 4 of 7 said WOODLANDS III ADDITION, said point being the northeast corner of said Hurst - Euless -Bedford Independent School District tract, and being in the west line of said WOODLANDS ADDITION; THENCE South 01 degrees 03 minutes 22 seconds East, along the West line of said WOODLANDS ADDITION, a distance of 651.00 feet to the Point of Beginning, and containing 9.2562 Acres (403,198.24 square feet) of land more or less. Ordinance No. 2106, Page 5 of 7 Exhibit A-2 cc T r Mir t m grow 01 wym AD JMA kk Cr !e ,I, z BALEY WAY titqyi2l 'm W IT t� �'r I ifill Hit I i k 6. fto 4 W Ordinance No. 2106, Page 6 of 7 Exhibit B-1 1. Architectural grade asphalt shingles. 2. Wood and with Iron option, 8' front doors. 3. Brick and Stone - brick and/or stone elevations for all plans. Each floor plan design, with minimum of 4 plans, will have 3 different front elevation designs: Elevation type "A" - brick, Elevation type "B" - brick and stone, Elevation "C" - brick and more stone than Elevation B. 4. 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. Second floor areas framed over roof at first floor will be permitted. 5. Porches - all plans will have a minimum square footage of 30 square feet. Front porches may encroach the front building line by the maximum of five (5). A rear porch will be optional. 6. Ornamental coach lights on all front elevations. 7. Windows - Vinyl divided light windows (Prairie Style) standard on all front elevations. 8. Concealed HVAC units, trash storage and utility meters (as appropriate). 9. Brick shall course exactly to the top and bottom of all walls. 10. Plan Repetition - will build each elevation no more than 5 times in the neighborhood. 11. Windows will be single or double hung with sliders on the sides as necessary in bedrooms. 12. Windows are to be placed on each wall elevation with a proper wall to window ratio. 13. If shutters are used, shutters shall be the same height as the associated opening and proportional in scale to the windows and elevation. 14. Gutters shall be aluminum or painted if necessary. 15. If a porch is used, the porch column base shall not protrude beyond the foundation. 16. Eaves and Soffits - consist of cementitious products. 17. 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. 18. Ornamental address blocks placed on each house on the front fagade. 19. The Homeowner's Association Covenants, Conditions, and Restrictions shall contain a statement that windows installed with translucent glass shall only be replaced with translucent glass. 20. Balconies - no second story balconies shall be constructed on any houses located along the perimeter of the subdivision, which includes Block A, Lots 1 - 25. 21. Fencing - an 8' wood fence shall be constructed along the rear property line of Block A, Lots 16 - 25. Optional Features - Variations per plan and customer selections 22. Dormer windows & Arched windows. 23. Second story front/rear porches per plan. 24. Stone facades options with additional stone details. 25. Decorative cedar accents per elevation. 26. Decorative porch rails and columns per plan selected. 27. Cedar garage doors with steel support option available 28. Aggregate finished concrete driveways and lead walks - optional 29. Front up lighting options available Ordinance No. 2106, Page 7 of 7 INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 337786001 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 5/13/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 5/31/2016 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 33778600 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn:Attn: ACCOUNTS . PAYABLE Publication Date: 5/13/2016 Description Location Col Depth Linage MU Rate Amount CITY OF EULESS ORDINANCE NO. 2 13580 1 289 289 LINE $0.34 $98.26 Misc Fee • $5.00 REQUISITION fIFcEIvED1 Net Amount: $103.26 11.1AY 20 2016 P.W X02016 LEQUESTED OF E ottR�•"•;%s DEBORAH JEAN BAYLOR ` t� ULESS :tel_ , _ Notary Public,State of Texas Ns4NCE DEPT. iN My Commission Expires ••7'€ 4s' October 29, 2019 County of Tarrant "' Before me,a Notary Public in and for said County and State, this day personalty appeared Christy Holland,Bids&'Legal.Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas:and who after being duty sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the listed dates: BIDS d'LEGALS DEPT.Star-Telegram.(1 SUBSCRIBED AND SWORNTO BEFORE ME, THIS DAyo r May lo`11.2016 �I sclicep Signed JIM* NOTARY PUBLIC ' � Q ON.' Thank You For Your Payment Remit To: Star-Telegram Customer ID: CITO9 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 337786001 Invoice Amount: $103.26 PO Number: Amount Enclosed: $ I MOW ' -o CSD -. ORDINANCE NO. 2107 I SECTION 3. CITY OF EULESS AN ORDINANCE AMENDING THE I PENALTY FOR VIOLATION. Any ORDINANCE NO. 2105 CODE OF ORDINANCES OF THE person, firm, or corporation vio- AN ORDINANCE AMENDING CHAP- CITY OF EULESS, CHAPTER 84, lating any of the terms and TER 84 OF THE CODE OF ORDI- UNIFIED DEVELOPMENT CODE, provisions of this ordinance shall NANCES, THE UNIFIED DEVELOP- AMENDING THE CITY OF EULESS be deemed guilty of a misdemeanor, MENT CODE OF THE CITY OF ZONING DISTRICT MAP ON 16.162 and upon conviction thereof shall EULESS, TEXAS; AMENDING THE ACRES IN THE ADAM BRADFORD be fined in accordance with Chapter CITY OF EULESS ZONING DISTRICT SURVEY ABSTRACT NO. 152, 1,"General Provisions,"Section 1- MAP ON PROPERTY RECORDED AS MIDWAY SQUARE ADDITION, 12,"General Penalty,"Euless Code OAK CREST ESTATES BLOCK 1, BLOCK B, PART OF LOT 2 BY of Ordinances. Each such violation LOTS 1R AND 2R1 AND BLOCK 2, CHANGING THE ZONING FROM shall be deemed a separate offense LOTS 1R, 2RA2 AND 2RA1, AP- COMMUNITY BUSINESS DISTRICT and shall be punishable as such PROXIMATLEY 1.087 ACRES OF (C-2) ZONING INTO PLANNED hereunder. LAND, FROM SINGLE FAMILY DEVELOPMENT (PD) ZONING AS SECTION 4. DETACHED DWELLING DISTRICT DESCRIBED HEREIN AND ON THE PUBLICATION. The caption, penalty (R-1)TO PLANNED DEVELOPMENT ATTACHED "EXHIBIT A"; PRO- clause, and effective date clause DISTRICT (PD); ADOPTING SPE- VIDING FOR A SEVERABILITY of this ordinance shall be published CIFIC DEVELOPMENT STAN- CLAUSE, PENALTY FOR VIOLA- in a newspaper of general circula- DARDS; PROVIDING FOR A SEV- TION; PROVIDING A SAVINGS tion in the City of Euless, in ERABILITY CLAUSE;PROVIDING A CLAUSE; PROVIDING FOR PUBLI- compliance with the provisions of PENALTY FOR VIOLATIONS; CATION IN THE OFFICIAL NEWS- Article II,Section 12,of the Euless PROVIDING A SAVINGS CLAUSE; PAPER;AND AN EFFECTIVE DATE. City Charter.Further,this ordinance EPROVIDING FOR PUBLICATIAID SECPENALTY FOR TION 3.VIOLATION. Any and shall bebe lished in admissible inhlet form suchform THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. person, firm, or corporation vio- in any court, as provided by law. SECTION 4. lating any of the terms and PRESENTED AND PASSED ON FIRST PENALTY FOR VIOLATION. Any provisions of this ordinance shall AND FINAL READING at a regular person, firm, or corporation vio- be deemed guilty of a misdemeanor, meeting of the Euless City Council lating any of the terms and and upon conviction thereof shall on May 10, 2016, by a vote of 7 provisions of this ordinance shall be fined in accordance with Chi,tr- ayes, 0 nays, and 0 abstentions. be deemed guilty of a misdemeanor, 1,"General Provisions,"Section l- and upon conviction thereof shall 12,"General Penalty,"Euless Code ORDINANCE NO. 2110 be fined in accordance with Chapter of Ordinances. Each such violation AN ORDINANCE AUTHORIZING THE 1,"General Provisions,"Section 1- shall be deemed a separate offense ISSUANCE OF A SPECIFIC USE 12,"General Penalty,"Euless Code and shall be punishable as such PERMIT AT 1105 PAMELA DRIVE of Ordinances. Each such violation hereunder. FOR ONLINE AUTO SALES; PRO- shall be deemed a separate offense SECTION 5. VIDING FOR A SEVERABILITY and shall be punishable as such PUBLICATION. The caption, penalty CLAUSE; PROVIDING A PENALTY hereunder. clause, and effective date clause FOR VIOLATION; PROVIDING FOR SECTION 6. of this ordinance shall be published PUBLICATION IN THE OFFICIAL PUBLICATION.The City Secretary of in a newspaper of general circula- NEWSPAPER;AND PROVIDING AN the City of Euless is hereby directed tion in the City of Euless, in EFFECTIVE DATE. to publish the caption, penalty compliance with the provisions of SECTION 3. clause and effective date of this Article II,Section 12 of the Euless PENALTY FOR VIOLATION. Any ordinance in the official newspaper City Charter. person, firm, or corporation of the City of Euless, as required PRESENTED AND PASSED ON FIRST vio-lating any of the terms and by Section 12 of Article II of the AND FINAL READING at a regular provisions of this ordinance shall Charter of the City of Euless. meeting of the Euless City Council be deemed guilty of a misdemeanor, PRESENTED AND PASSED ON FIRST on May 10, 2016, by a vote of 7 and upon conviction thereof shall AND FINAL READING at a regular ayes, 0 nays and 0 abstentions. be fined in accordance with Chapter meeting of the Euless City Council 1,"General Provisions,"Section 1 on May 10, 2016, by a vote of 7 ORDINANCE NO. 2108 12,"General Penalty,"Euless Code ayes, 0 nays and 0 abstentions. AN ORDINANCE AUTHORIZING THE of Ordinances. Each such violation ISSUANCE OF A SPECIFIC USE 'shall be deemed a separate offense ORDINANCE NO. 2106 PERMIT ON LOT AlAl, BLOCK 16, and shall be punishable as such AN ORDINANCE AMENDING CHAP- OAKWOOD TERRACE ADDITION, hereunder. TER 84 OF THE CODE OF ORDI- 820 WILSHIRE DRIVE,SUITE B FOR SECTION 4. NANCES, THE UNIFIED DFVF1 no_ PLACE OF WORSHIP; PROVIDING PUBLICATION. The caption, penalty -MENT CODE OF THE CITY OF FOR A SEVERABILITY CLAUSE; clause, and effective date clause EULESS, TEXAS; AMENDING THE PROVIDING A PENALTY FOR VI- of this ordinance shall be published CITY OF EULESS ZONING DISTRICT OLATION; PROVIDING FOR PUB- in a newspaper of general circula- MAP ON 9.2562 ACRE TRACT LICATION IN THE OFFICIAL tion in the City of Euless, in WITHIN THE B.F. CROWLEY NEWSPAPER;AND PROVIDING AN compliance with the provisions of SURVEY ABSTRACT NO. 320, EFFECTIVE DATE. Article II,Section 12,of the Euless FROM SINGLE FAMILY DETACHED SECTION 3. City Charter.Further,this ordinance DWELLING DISTRICT (R-1) TOPENALTY FOR VIOLATION. Any may be published in pamphlet form ! PLANNED DEVELOPMENT DIS- l person, firm, or corporation vio- and shall be admissible in such form TRICT (PD); ADOPTING SPECIFIC lating any of the terms and in s DEVELOPMENT STANDARDS; provisions of this ordinance shall SE TED AND provided by lay. R P PROVIDING FOR A SEVERABILITY be deemed guilty of a misdemeanor, ENEPASSED ON FIRST AND FINAL READING at a regular and upon conviction thereof shall CLAUSE; PROVIDING A PENALTY meeting of the Euless City Council FOR VIOLATIONS; PROVIDING A be fined in accordance with Chapter on May 10, 2016, by a vote of 7 SAVINGS CLAUSE; PROVIDING 1,"General Provisions,"Section 1- ayes, 0 nays, and 0 abstentions. I-OR PUBLICATION IN THE OFFI- 12,"General Penalty,"Euless Code CIAL NEWSPAPER; AND PROVID- of Ordinances. Each such violation ING AN EFFECTIVE DATE. shall be deemed a separate offense SECTION 4, and shall be punishable as such PENALTY FOR VIOLATION. Any hereunder. person, firm, or corporation vio- SECTION 4. lating any of the terms and PUBLICATION. The caption, penalty provisions of this ordinance shall clause, and effective date clause be deemed guilty of a misdemeanor, of this ordinance shall be published and upon conviction thereof shall in a newspaper of general circula- be fined in accordance with Chapter tion in the City of Euless, in 1,"General Provisions,"Section 1- compliance with the provisions of 12,"General Penalty,"Euless Code Article II,Section 12,of the Euless of Ordinances. Each such violation City Charter.Further,this ordinance shall be deemed a separate offense may be published in pamphlet form and shall be punishable as such and shall be admissible in such form hereunder. in any court, as provided by law. SECTION 6. PRESENTED AND PASSED ON FIRST PUBLICATION. The caption, penalty AND FINAL READING at a regular clause, and effective date clause meeting of the Euless City Council of this ordinance shall be published on May 10, 2016, by a vote of 7 in a newspaper of general circula- ayes, 0 nays, and 0 abstentions. tion in the City of Euless, in compliance with the provisions of ORDINANCE NO. 2109 Article II,Section 12 of the Euless AN ORDINANCE AUTHORIZING THE City Charter. ISSUANCE OF A SPECIFIC USE PRESENTED AND PASSED ON FIRST PERMIT ON ANDREW HUITT AND FINAL READING at a regular SURVEY ABSTRACT 684, TRACT meeting of the Euless City Council 1102B, 414 WEST EULESS BOU- on May 10, 2016, by a vote of 6 LEVARD FOR PLACE OF WORSHIP; ayes, 1 nays and 0 abstentions. PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE.