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HomeMy WebLinkAbout2151 04-25-2017 ORDINANCE NO. 2151 AN ORDINANCE AMENDING CHAPTER 84, "UNIFIED DEVELOPMENT CODE," OF THE CITY OF EULESS, TEXAS BY AMENDING ARTICLE IV, "ZONING DISTRICT REGULATIONS," DIVISION 3, "EXCEPTIONS TO DISTRICT SITE DEVELOPMENT STANDARDS," SECTION 84-130, "EXCEPTIONS TO DISTRICT SITE DEVELOPMENT STANDARDS," BY ADDING SUBSECTION (14) "ROOF PITCH EXCEPTIONS," PROVIDING FOR THE EXCEPTION OF A MINIMUM ROOF PITCH IN CERTAIN CIRCUMSTANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas, is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the Planning and Zoning Commission conducted a public hearing on April 4, 2017, in conjunction with the Unified Development Code amendment case No. 17-01-UDC, and has rendered a recommendation to the City Council with respect to this case; and WHEREAS, the City of Euless currently has regulations in place governing the minimum roof pitch for single family detached dwellings; and WHEREAS, the City Council finds that the City's regulations governing roof pitch limit architectural innovation and variety within certain lots; and WHEREAS, the City Council has conducted a public hearing on April 25, 2017, 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. Chapter 84 "Unified Development Code" Article IV, "Zoning District Regulations," Division 3, "Exceptions to District Site Development Standards," Section 84-130, "Exceptions to District Site Development Standards," of the Code of Ordinances of the City of Euless, Texas is hereby amended by the addition of subsection (14) "Roof Pitch Exceptions": (14) Roof Pitch Exceptions. No minimum roof pitch regulation shall be required for a single family detached dwelling constructed on a parcel one (1) acre in size or greater, provided that all other district site development standards are in compliance." SECTION 2. CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of the Code of Ordinances, City of Euless, Texas and other ordinances of the City of Euless, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. 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. PUBLICATION CLAUSE. 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. Further, this ordinance may be published in pamphlet form and shall be admissible in such form in any court, as provided by law. SECTION 6. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication, as provided by the Euless City Charter and the laws of the State of Texas. Ordinance No. 2151, Page 2 of 3 PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on April 25, 2017, by a vote of ayes, 0 nays, and abstentions. APPROVED: APPROVED AS TO FORM: ,,,,5;72 • vy Linda Martin,'Mayor ,_, Wayne Olson, City Attorney ATTEST: i/i titi.jetiff-L) Kim u er, IRMC, City Secretary Ordinance No. 2151, Page 3 of 3 INVOICE Star-Telegram Customer ID: CIT09 808 Tbrockmorton St. Invoice Number: 339550231 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 4/29/2017 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2017 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 33955023 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS O Attn:Attn:ACCOUNTS .PAYABLE Publication Dates: 4/28/2017'4/29/2017 CITY OF EULESS ORDINANCE NO.2 13580 1 90 90 LINE $1.02 $183.60 Sales Discount ($118.80) Misc Fee $5.00 RECEIVED MAY 12 2017 Net Amount: $69.80 CITY OF EULESS FINANCE_ DEFT. County of Tarrant Before me,a V tart'Pubfik in and for said county and State, this day personally appeared Letitia ATngga,Bids&Lega(Coor�linator for the Star-Telegram,published by the Star-Te(egmom, Inc.at fort'WorhF in Tarrant County,Teas:and who after being duly sworiy du(depose andsay&at the attaoW cCpping of advertisement was pubris&d in the above named paper on the fisted dates.- BIDS&LEGA45 DEPT.Star-Telegram.(t SUBSC9,IBED AND SWoRNTo BEFORE�f 2J[IS DAYOF Mayl 2017 s� Q� CH y L-Ab MID �IDTE/f20�4TEW / N023LR 'PUBLIC Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT09 P.O. BOX 901051 Customer Name: CITY OF EULESS ACCOUN FORT WORTH, TX 76101-2051 Invoice Number: 339550231 Invoice Amount: $69.80 PO Number: Amount Enclosed: $ CITY•OF EULESS` ORDINANCE NO. 2151 AN ORDINANCE AMENDING CHAP- TER 84, "UNIFIED DEVELOPMENT CODE," OF THE CITY OF EULESS, TEXAS BY AMENDING ARTICLE IV, "ZONING DISTRICT REGULA- TIONS,"DIVISION 3,"EXCEPTIONS TO DISTRICT SITE DEVELOPMENT STANDARDS," SECTION 84-130, "EXCEPTIONS TO DISTRICT SITE DEVELOPMENT STANDARDS," BY ADDING SUBSECTION (14) "ROOF PITCH EXCEPTIONS," PROVIDING FOR THE EXCEPTION OF A MINI- MUM ROOF PITCH IN CERTAIN CIRCUMSTANCES; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDI- NANCES; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PRO- VIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. SECTION 4. PENALTY CLAUSE.Any person,firm or corporation violating any of the terms and provisions of this ordi- nance rdrnance shall be deemed guilty of a misdemeanor and, upon conviction thereof,shall be fined in accordance with Chapter 1,Section 1-12,Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 5. PUBLICATION.The City Secretary of the City of Euless is hereby directed to publish the caption, penalty clause and effective date of this ordinance in the official newspaper I of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on April 25, 2017, by a vote of 7 ayes, 0 nays and 0 abstentions. ORDINANCE NO. 2152 AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIFIC USE PERMIT ON KITTY HOUSE ADDI- TION BLOCK 2, LOT 3, 1108 WESTPARK WAY FOR SPECIFIC SERVICE AUTOMOTIVE REPAIR; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATION; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER;AND PROVIDING AN EFFECTIVE DATE. SECTION 3. PENALTY CLAUSE.Any person,firm or corporation violating any of the terms and provisions of this ordi- nance rdrnance shall be deemed guilty of a misdemeanor and, upon conviction thereof,shall be fined in accordance with Chapter 1,Section 1-12,Euless Code of Ordinances. Each such violation shall be deemed a separate offense and shall be punishable as such hereunder. SECTION 4. PUBLICATION.The City Secretary of the City of Euless is hereby directed topublish the caption, penalty clause and effective date of this ordinance in the official newspaper of the City of Euless, as required by Section 12 of Article II of the Charter of the City of Euless. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on April 25, 2017, by a vote of 7 ayes, 0 nays and 0 abstentions.