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HomeMy WebLinkAbout2206 09-25-2018 ORDINANCE NO. 2206 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 4.056 ACRES ON MIDWAY SQUARE ADDITION, PHASE THREE, BLOCK D, LOT 1, 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 September 4, 2018, in conjunction with Zoning Case No. 18-01-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 September 25, 2018, 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: SECTION 1. The official zoning district map of the City of Euless, Texas, being a part of Chapter 84 of the Code of Ordinances, is amended so that the zoning district classification of a 4.056 acre tract on Midway Square Addition Phase Three, Block D, Lot 1 described on the attached Exhibit A is changed from Single Family Detached Dwelling District (R-1) to Planned Development (PD) being further described on Exhibits B-1 and B-2 (Development Plan and Architectural Examples). 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 for R-1 residential development and other applicable provisions 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 — 5,145 square feet (Lot 5). Average 5,602 square feet. 2) Minimum lot width — 33' feet 3) All lots to have full sprinkler and full sod. 4) Private alley and guest parking shall be maintained by a Home Owner's Association. 5) Sidewalks will be provided to current City of Euless standards of 5' feet in width. 6) A 42" inch tall, decorative wrought iron style fence with decorative entry gates shall be installed along the front property lines of the development along Midway Drive. 7) Minimum single-family home size—2,400 square feet. Average 2,605 square feet. 8) Front Yard Setback — 25' foot minimum at residence. Encroachments of up to 5' feet may include the following: a) Stoops b) Chimneys c) Awning d) Porches e) Canopies f) Planters g) Bay Windows 9) Side Yard Setback — 3' feet on one side, 6' feet on the other. A 9' "Exclusive Use Access Easement" shall be created by plat along the 3' side setback of each lot. 10)Rear Yard Setback— 15' foot minimum. Garage doors shall be setback by 22' feet. 11)Minimum 90% masonry material coverage on all facades. Cementitious fiberboard shall be considered a masonry product for this development only in association with traditional architectural styles such as Texana, Craftsman, Cottage, or Farmhouse styles. The builder will provide during installation an approved third party inspection verifying the installation is code approved and to the manufacturer's specifications". 12)Architectural Features shall include: a) Soldier coursing of brick where architecturally appropriate. b) Fenestration shall have a clear lintel and base. c) 8' foot tall entrance door of appropriate style with the home's architecture, with wide casing and crown at head which closes to the frieze board above. d) Windows vertically proportioned and appropriate for the style of architecture with true divided lite or simulated divided lite mullions in lieu of snap ins. e) Roof pitch cornice returns are very low and covered with metal or shingles. f) Shutters are properly sized for each window opening and appear mounted with proper hardware and holdbacks. Hinges are not required. g) Porch height, cornice details, column style size and spacing are appropriate. h) Railing and balusters on the porches are scaled with the height of the porch. i) Simple and scalable roof forms. Multiple gabling is not required and discouraged. j) Main gable rake details are well proportioned and a crown or bed mold is used in lieu of a 1X2 drip edge. k) Attic/gable vents shall be property scaled. 1) All facades visible from any street or public area shall have a defined base and cap. Conveyed by clearly defining the main floor level of the house. m) Downspouts shall be located on the side or rear elevations of the buildings. n) If shutters are to be used, then architecturally proportional shutters are to be used. Shutters should appear to be able to fully close over adjacent windows. Ordinance No. 2206, Page 2 of 7 13)Wax myrtles, or a similar vegetation with like characteristics approved by the City Manager or designee, shall be planted 8' on center within a 15' strip located on the west side of the new subdivision, beginning at the front building line of the new subdivision and extending north a distance of one hundred twenty (120') feet. 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. 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. Ordinance No. 2206, Page 3 of 7 PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on September 25, 2018 by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Linda actin, Mayor ATTEST: z f-'a Ai Sutter, TIRMC, City Secretary APPROVED AS TO FORM: Wayne Olson, City Attorney Ordinance No. 2206, Page 4 of 7 Exhibit A Legal Description Being a 176,698 square foot (4.056 acre) tract of land in the S. Huitt & A. Bradford Survey, Abstract No. 705 & 152, City of Euless, Tarrant County, Texas and being all of Lot 1, Block D, Midway Square Estates Addition Phase Three, An Addition to the City of Euless, recorded in Volume 388-139, Page 45, Plat Records, Tarrant County, Texas, same being all of that certain tract of land described in deed to Bran-Dan partnership LLC, recorded in Instrument No. D205106044, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a capped iron rod found at the intersection of the north line of Midway Drive (80' ROW) and the west line of Fuller-Wiser Road (80' ROW), same being the southeast corner of Lot 1, Block D, Midway Square Estates Ph. Three, an addition to the City of Euless, recorded in Cabinet Vol. 388-139, Page 45, Plat Records, Tarrant County, Texas; THENCE S 89021'34" W, along said north line of Midway Drive, for a distance of 18.44 feet to a capped iron rod with blue plastic cap stamped, "KCI 10194365" set for a corner at the beginning of a curve to the left, having a radius of 1616.92 feet and a chord which bears S 83°55'17" W for 306.22 feet; THENCE southwesterly, along said curve to the left and said northerly line, through a central angle of 10°52'02", for an arc distance of 306.68 feet to a '/2" capped iron rod with blue cap stamped "KCI 10194365" set for a corner along south line of Midway Square Addition; THENCE S 78°29'31" W, for a distance of 129.18 feet to a '/2" iron rod found for corner at the south east corner of Arbor Glen Addition recorded in volume 388-209, page 77 P.R.T.C.T. THENCE N 00030'29" W, for a distance of 424.24 feet to a '/z" capped iron rod with blue plastic cap stamped, "KCI 10194365" set for corner at the South west corner of Lot 2R, Block D recorded in document number D217094985; THENCE N 58049'05" E, for a distance of 196.39 feet to a '/2" capped iron rod with blue plastic cap stamped, "KCI 10194365" set for corner in the South line of said Lot 2R, Block D,- THENCE ;THENCE S 85°58'41" E, for a distance of 254.83 feet to a '/2" iron rod found for the South East corner of said Lot 2R, Block D; same being in the aforementioned West line of Fuller-Wiser Road; THENCE S 00030'29" E, along said West line, for a distance of 362.28 feet to the POINT OF BEGINNING, containing 176,698 sq. ft. (4.056 acres) of land, more or less. Ordinance No. 2206, Page 5 of 7 C4 ? o / U / (D IZ cr) �Ri " � o o � / 1 o ---- - BOUNDARY DESCRIPTION: / U +' BEING a 176,698 square foot (4.056 acre) tract of land in the S. Hu& A. Bradford vSurvey, Abstract No. 705 & 152, City of Euless, Tarrant County, Texas, and being all of Q O Lot 1, Block D, Midway Square Estates Addition, an Addition to the City of Euless, recorded in Volume 388 -139, Page 45, Plat Records, Tarrant County, Tex as, same a> O being all of that certain tract of land described in deed to BrcOan partnership LLC, Q recorded in Instrument No. D205106044, Deed Records, Tarrant County, Texas, and cry CIO being more particularly described as follows: BEGINNING at a capped iron rod fund at the intersection of the north line of Midway Drive (80'R.O.W.) and the west line of Fuller -Wiser Road (80'R.O.W.), some being the U southeast corner of Lot 1, Block D, Midway Square Estates Ph. three, an addition to the O City of Euless, recorded in Cab inet Vol. 388-139, Page 45, Plat Records, Tarrant N — County, Texas; C=) CD U THENCE S 8921'34" W, along said north line of Midway Drive, for a distance of 18.44 U . feet to a capped iron rod with blue plastic cap stamped, "KCI 10194365" set for a corner O at the beginning of a curve to the left, having a radius of 1616.92 feet and a chord which C/-) at bears S 8355'17" W, for 306.22 feet; Lj City of Euless C/) THENCE southwesterly, along said curve to the left and said northerly line, through a O central angle of 1052'02", for an arc distance of 306.68 feet to a 1/2" capped iron rod cry with blue cap stamped, "KCI 10194365" set for a corner along south line of Midway CD-,) Square Addition; THENCE S 7829'31" W, for a distance of 129.18 feet to a 1/2" iron rod found for corner at the south east corner of Arbor Ihn Addition recorded in volume 388 -209, page 77 O P. R. T. C. T. -4--, THENCE N 0030'29" W, for a distance of 424.24 feet to a 1/2" capped iron rod with (D Q) CD--) blue plastic cap stamped, "KCI 10194365" set for corner at the South west corner of Lot _ 2R, Block D recorded in document number D217094985; - ' THENCE N 5849'05" E, for a distance of 196.39 feet to a 1/2" capped irQD-red• with blue � plastic cap stamped, "KCI 10194365" set for corner in the Sou 4m-e--fr�gtid Lot 2R, �- Block D; 1Q' utility Ease U Vol. 388-2p9' P9' 76 ca-) C CD O i� U � O O �D rn a, CD-,) U O Cn C) = cn � Q CL) a, Cn U W cf� a� N z o w � n o � I Io D d7 w 0� 0 � U Q s Esmt Utility ACC S to ilding Line 25 gu & LondSCope Esmt. M°Int. 8_2p9, Pg• 76 Vol. 38 t ��' Utility E0Se�1en76 Vol. 38S � P- `P2 w :j c y w N 85d49'05" E 02 4' IRON SCREENING FENCE DETAIL SCALE 1/4"=1'-0" Drainage Easement Vol. 388-139, pg. 45 Existing sanitary sew LOT B, B 87,557 SQFT (.' No Trees located in this area J � I � J - —----rr-------------- — S 89d31—� I „� T RI CCK A----\ -� 15 SANITARY SEWER EASEMENT (BY THIS PLAT J M Im J I� I(O m 1 1 I 4' I ON SCREEN FEN (REF. DETAIL 02) Flood Zone AE \D=10d52'02" PROPOSED 5' sw R=1616.9 2' �d55"11"" W LC=306.22' MIDWAY ROAD (80' R.O.W.) Ot ARCHITECTURAL SITE P SCALE 1"=30 - 0" 0 20 40 100 GRAPHIC SCALE 'x70' VISIBILITY TRIA TRIANGLE% 89d21'34" W 18.44' 9t; )11 G ! 1) SITE DATA TABLE Drawn By: Jason R. Rose SUMMARIES Prepation Date: PROPOSED USE PD (SFR) April 1, 2018 MAXIMUM UNIT COUNT 13 UNITS Revisions: COMMON AREA LOT A 16,314 SF (0.374 ACRES; April 29, 2018 COMMON AREA LOT B 87,557 SF (2.010 ACRES) Mav 4, 2018 TOTAL SITE 1176 698 SQFT 14.056 ACRES Mav 18, 2018 , MINIMUM LOT SIZE 5,145 SQFT -LOT 5 AVERAGE LOT SIZE 5,602 SQFT MINIMUM LOT DEPTH 155.21' -LOT 5 MINIMUM LOT WIDTH 33.16' SFR LAND 72,825 SF 1.672 ACRES PROPOSED DENSITY 3.21 Units/Acre MIN UNIT SIZE 2,400 AC SQFT MASONRY PERCENTAGE 90% (R- 1)* MIN. ROOF PITCH 8:12 # OF BEDROOMS 3 BR STD/4 BR OPTION GROSS BUILDING AREA 1,994 SFx14=29,910 SF TOTAL IMPERVIOUS AREA XXX SQFT TOTAL OPEN SPACE XXX SQFT MAX. LOT COVERAGE 39% (LOT 3-6) MIN FRONT SETBACK 25' (R- 1) PORCH ENCROACHMENT 5' (BY THIS PD) MIN REAR SETBACK 22' MIN SIDE SETBACK 3' (3'+6') MAX BLDG. HEIGHT 35' (2015 IRC) PARKING PER UNIT 2 GARAGE/2 DRIVEWAY OFFSREET DRIVEWAY .79 GUEST PER UNIT *CEMENTITIOUS FIBERBOARD SHALL BE AN ALLOWABL_= MASONRY MATERIAL PER PD ORDINANCE. GENERAL NOTES 1. THIS PROPERTY IS LOCATED WITHIN AIRCRAFT NOISE ZONE B. ALL NOISE SENSITIVE USES WILL BE CONSTRUCTED TO ACHIEVE A 25 DECIBEL REDUCTION FROM OUTSIDE TO INSIDE. 2. REQUIRED LANDSCAPING WILL BE INSTALLED AT THE TIME OF CONSTRUCTION OF THE DWELLING UNITS. (mBer owner o- 'I Bear cn Villas sCeJarnrtkha, n Isnaill Cente 9 •� Crossi g '�� airlae o. g"a z yW, �lulesshcrs of M i lui't flub Ana"mems j ]I re Plaza AP IM -16 —sn I "aeon, Etc Branch P # I 7—Fuller i' ae1-ad Gft I `\\\ i, t II II m a� � t IN 4 � _._. Eklid'alil ~EMid-+ai Dr flidw "1 'r ^F C stmd iia M Y mn.n All linens en y t Glal al L, its vol♦age Bi.ildarslt ti r Bear Geek try Le Dour g a EMI (C+a ' OlUnte�Js ofAmnnta— g FTr One Is Fir anelr, p VICINITY MAP OWNER: Bran -Dan -Partnership 1901 Foxborough Trail, Flower Mound, TX 75028 (214) 454-7895 T., (972) 534-1850 F. jason@jrosearchitect.com APPLICANT/PREPARER: J Rose Architect 2120 Cosmos Way, Argyle, TX 76226 (214) 454-7895 T., (972) 534-1850 F. Jason©jrosearchitect.com NZ) col 0 6 Notes: J ^A 5-18 -18 91e V' V SHEET AO 18 -01 -PD a r.� 6 x "w i Ia, Ordinance No. 2206, Page 7 of 7 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1 808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 600565 0003874719 CITY OF EULESS ORDINANCE NO.2206 AN $54.68 1 69.00 Li Attention: Lindsay Wells THE STATE OF TEXAS CITY OF EULESS County of Tarrant 201 N ECTOR DR EULESS, TX 760393543 Before me, a Notary Public in and for said County and State,this day -------------- personally appeared CITY OF EULESS ORDINANCE NO. 2206 CITY OF EULESS LOPEZ, Bid and Legal Coordinator ,ram ORDINANCE NO.2206 for the Star-Tele published b AN ORDINANCE AMENDING 9 p y CHAPTER 84 OF THE CODE OF AN ORDINANCE AMENDING the Star-Telegram, Inc. at Fort Worth, ORDINANCES,THE UNIFIED DE- CHAPTER 84 OF THE CODE OF VELOPMENT CODEOF THE ORDINANCES,THE UNIFIED DE- in Tarrant County,Texas; and who, CITY OF EULESS, TEXAS; VELOPMENT CODE OF THE AMENDING THE CITY OF EU- CITY OF EULESS, TEXAS; after being duly sworn, did depose LESSZONING DISTRICT MAP AMENDING THE CITY OF EU- ON 4.056 ACRES ON MIDWAY LESS ZONING DISTRICT MAP and say that the attached clipping of SQUARE ADDITION, PHASE ON 4.056 ACRES ON MIDWAY THREE, BLOCK D, LOT 1, FROM SQUARE ADDITION, PHASE an advertisement was published in SINGLE FAMILY DETACHED THREE,BLOCK D,LOT 1,FROM the above named paper on the listed DWELLING DISTRICT (R-1) TO SINGLE FAMILY DETACHED p p PLANNED DEVELOPMENT DIS- DWELLING DISTRICT (R-1) TO dates: IC ADOPTING SPECIE- PLANNED DEVELOPMENT DIS- ARDS; PROVIDING FOR A K DEVELOPMENT OPMENT STAND- TRICT(PD);ADOPTING SPECIF- IC DEVELOPMENT STAND- SEVERABILITY CLAUSE; PRO- ARDS; PROVIDING FOR A TIDING A PENALTY FOR VIOLA- SEVERABILITY CLAUSE; PRO- TIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUB- VIDING A PENALTY FOR VIOLA- 2 Insertion(s) LICATION IN THE OFFICIAL TIONS; PROVIDING A SAVINGS NEWSPAPER; AND PROVIDING CLAUSE; PROVIDING FOR PUB- AN EFFECTIVE DATE. LICATION IN THE OFFICIAL Published On. NEWSPAPER; AND PROVIDING SECTION 4. AN EFFECTIVE DATE. September 28,2018,September PENALTY FOR VIOLATION.Any SECTION 4. �9 2018 person, firm, or corporation vio- lating any of the terms and pro- PENALTY FOR VIOLATION.Any visions of this ordinance shall person,firm or corporation vio be deemed guilty of a misde- lating any of the terms and pro- - meanor, and upon conviction visions of this ordinance shall DEBORAH JEAN BAYLOR thereof shall be fined in accord- ���`tiaY F`��i be deemed guilty of a misde �P,.•�ao Prov with Chapter 1, "General Provisions," Section 1-12, "Gen- meanor, and upon conviction '2 SNotary Public, State of Texas thereof shall be fined in accord- -�• , eral Penalty," Euless Code of ante with Chapter 1, "General �vj•....•°}P� Comm. Expires 10-29-2019 Ordinances. Each such violation Gen- shall be deemed a separate of- Provisions,"Section 1-12,"Gen- ''�;°i;�.�` Notary ID 13042344-2 fense and shall be punishable as eral Penalty," Euless Code of such hereunder. Ordinances. Each such violation shall be deemed a separate of- SECTION 6. fense and shall be punishable as such hereunder. PUBLICATION CLAUSE.The City Secretary of the City of Euless SECTION 6. `► is hereby directed to publish in the official newspaper of the PUBLICATION CLAUSE.The City Princi al Clerk City of Euless, as required by Secretary of the City of Euless p Section 12 of Article 11 of the is hereby directed to publish in Charter of the City of Euless. the official newspaper of the City of Euless, as required by SUBSCRIBED AND SWORN TO SECTION 7. Section 12 of Article II of the BEFORE ME,THIS 2nd da of EFFECTIVE DATE. This ordi- Charter of the City of Euless. Y nance shall be in full force and SECTION 7. October In the year Of 2018 effect from and after its pas- sage, as provided by the Euless EFFECTIVE DATE. This ordi- City Charter and the laws of the nance shall be in full force and State of Texas. effect from and after its pas- PRESENTED AND PASSED ON sage,as provided by the Euless �_ _` �1t�t�_ p FIRST AND FINAL READING at City Charter and the laws of the �: s�c> �!/�* .�� a regular meeting of the Euless State of Texas. City Council a September 25, PRESENTED AND PASSED ON Nota Public-Deborah Ba or and 0 by a vote of 7ayes,0 nays, FIRST AND FINAL READING at Notary y and 0 abstentions. a regular meeting of the Euless City Council on September 25, 2018,by a vote of 7ayes,0 nays, and 0 abstentions.