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Ordinance 1978-01 ORDINANCE # 78-1 AN ORDINANCE AMENDING ORDINANCE #62-5 SECTION 2,3, AND 5 AND INSERTING SECTIONS 11.1, REGULATIONS FOR ONE-FAMILY ATTACHED DWELLING DISTRICT; SECTION 11.2, RE- GULATIONS FOR SINGLE FAMILY DETACHED CLUSTER DISTRICT; SECTION 11.3 GARDEN APART- t1ENTS - RESERVED; SECTION 11.4 RESERVED; SECTION 11.5 PLANNED UNIT DEVELOPMENT; ADMINISTRATION AND ENFORCEMENT; VIOLATIONS AND PENALITIES; BOARD OF ADJUSTMENT; INTERPRETATION OF ORDINANCE; ADMENDMENT AND CHANGES; VALIDITY CLAUSE; EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. After the necessary notices have been given in the manner and for the length of time required by law and after a public hearing on the matter, and for the purpose of promoting the public health, safety, morals and general welfare of the community, the City Council of the City of Wylie hereby authorizes the following amend- ments to Ordinance #62-5: Amend - Section 2. Establishment of Districts 6. One Family Attached Dwelling District 7. Single Family Detached Cluster District 8. Garden Apartment District 9. Planned Unit Development District Amend - Section 3. Zoning Map Addition of following symbols PUDO One Family Attached Dwelling District PUDS Single Family Detached Cluster District PUDG Garden Apartment District PUD Planned Unit Development Amend - Section 5. Newly Annexed Territory All territory except Planned Unit Development hereafter annexed --------------------------- Insert - Section 11.1 Regulations for One Family Attached Dwelling District The following regulations shall apply in the One-Family Attached Dwelling Dis- trict which shall be allowed only in PUD'S. A. Uses Permitted 1. One-Family Attached Dwelling 2.- 9. Same as Section 7.A. 2.- 9. B. The following building regulations for One-Family Attached Dwelling 1. Minimum requirement same as for R-llOO-M Section 7 BIll Subparts a.,b., & c. 2. One-family attached dwellings need not provide a side yard except that a minimum required side yard adjacent to a side street of ten (10) feet shall be provided. A minimum re- quired side yard of five (5) feet shall be provided at the end of each one-family attached dwelling complex so that the ends of any two adjacent buildings complexes shall be at least ten (10) feet apart. 3. The required side yards for complexes of one-family attached dwel- lings may be designated upon a plat approved by the City Plan Com- mission. A Complex of attached one-family dwellings shall not ex- ceed maximum of six (6) units in length or width of a cluster module. 4. A single-family attached dwelling shall be located on a platted lot with a minimum width of twenty-five (25) feet, a minimum depth of seventy-five (75) feet and contain a minimum area of three thousand (3,000) square feet. Two (2) off-street parking spaces and a two (2) car garage or carport shall be provided for each living unit. A front setback of twenty (20) feet shall be provided on the side of the structure facing the street, drive or common open area. 5. In Townhouse or residential attached developments, density require- ment shall be limited to a maximum of seven (7) units per acre for projects, with a minimum living area of fifteen hundred (1,500) square feet for dwelling unit. Insert - Section 11.2 Regulations for Single Family Detached Cluster District. The following regulations shall apply in the Single-Family Detached Cluster District which shall be allowed only in PUD's. A. Uses Permitted 1. Single-Family Detached Cluster 2.- 9. Same as Section 7.A 2.-9. B. The following building regulations for Single-Family Detached Cluster Dwell i ngs. 1. Minimum requirement same as for R-llOO-M Section 7 BIll Subparts a., b., & c. 2. Single family Detached Cluster Dwellings need not provide a side yard except that a minimum required yard shall be provided at the sides and end of one-family detached dwelling so that any two (2) adjacent build- ings shall be at least ten (10) feet apart. Additional required side yards for complexes of one-family dwellings may be designated upon a plat approved by th~ planning and zoning commission. 3. A single-family detached dwelling shall be located on a platted lot with a minimum width of twenty five (25) feet and a minimum depth of seventy-five (75) feet and contain a minimum area of three thousand (3,000) square feet. Two (2) off-street parking spaces and a two-car garage or carport shall be provided for each living unit. A front setback of twenty (20) feet shall be provided on the side of the struc- ture facing the street, drive or common open area. 4. Density requirements for single-family detached clusters shall be limited to a maximum of seven (7) units per acre for projects, with a minimum living area of fifteen hundred (1,500) square feet per dwell ing unit. Insert - Section 11.3 Garden Apartment District - Reserved Insert - Section 11.4 - Reserved Insert - Section 11.5 General Regulations for Planned Unit Development Districts A. The Purpose of this district is to accommodate planned associations of uses developed as integral land use units such as industrial parks or indus- trial districts, offices, commercial or service centers, shopping centers, residential developments of multiple or mixed housing including attached single- family dwellings or any appropriate combination of uses which may be planned, developed or operated as integral land use units either by a single owner or a combination of owners. B. The City Council of the City of Wylie, after public hearing and proper notice to all affected property owners and after recommendation of the City Plan Commission, may authorize the creation of a Planned Unit Development on sites of five (5) acres or more to accommodate various types of develop- ments and conditions of development for any use or combination of uses per- mitted within the City of Wylie by this ordinance. The uses to be permitted in any specific Planned Unit Development shall be enumerated in the ordinance establishing such district and shown on the approved plan for development which become part of said ordinance. C. In approving the development plan and the ordinance establishing the Planned Unit Development, the City Council shall, after recommendation by the City Plan Commission, specify such maximum height, floor-area ratio, density and minimum off-street parking and loading standards within the limits of those specified in the districts listed for the specific uses in- volved as is appropriate for the development. The City Council, shall after receiving the recommendation of the City Plan Commission, establish the stan- dards for yards, signs, building spacing, site coverage, access, screening or landscaping, building area, open space, pedestrian-ways, public or private streets and alleys to be observed in a Planned Unit Development and such stan- dards shall be specified in the ordinance establishing the district. D. An application for a Planned Unit Development shall, if the applicants desire or the City Plan Commission or City Council requires, be accompanied by a development schedule indicating the appropriate date on which construction is expected to begin and the rate of anticipated development to completion. The development schedule, if adopted and approved by the City Council shall become part of the development plan and shall be abhered to by the owner(s) or developer(s) and their successors in interest. E. Annually, where a development schedule has been required, the Bu~ld~ng In- spector shall report to the City Plan Commission the actual development accomplished in the various Planned Unit Development as compared with the Development Schedule. F. The City Plan Commission may, if in its opinion the owner(s) or developer(s) of property are failing or have failed to meet the approved schedule, initiate proceedings to amend the Zoning District Map or the Planned Unit Development by removing all or part of the Planned Unit Development from the Zoning District Map and placing the area involved in another appropriate zoning district. Upon the recommendation of the City Plan Commission and for good cause shown by the owner(s) and developer(s) the City Council may also extend the development sche- dule or adopt such new development as may be indicated by the facts and conditions of the case. G. Every Planned Unit Development approved under the provlslons of this ordinance shall be considered as an amendment to the Zoning Ordinance as applicable to the property involved. In carrying out the development of a Planned Unit Development, the development conditions and the development schedule, if required, shall be complied with and such conditions as are specified for the development of a Planned Unit Development shall not be construed as conditions precedent to the approval of the zoning amendment, but shall be construed as conditons precident to the granting of a certificate of occupancy and compliance as required in the ordinance. The first Planned Unit Development District created shall be shown on the Zoning Map as PUD-l, and each subsequent Planned Development District cre- ated shall be given the next numerical number. The Planning and Zoning Department shall maintain a register and a file of all PUD Districts cre- ated which shall contain the site plan, .a copy of the Ordinance creating the district, and all other information concerning the Planned Unit Development District. H. An application for a Planned Unit Development shall include and be ac- companied by the development plan which shall become a part of the amending ordinance and shall be referenced on the Zoning District Map. Changes in the development plan shall be considered the same as changes in the Zoning Dis- trict Map and shall be processed as required, except that changes of detail which do not alter the basic relationship of the proposed development to ad- jacent property and which do not alter the uses permitted or increase the den- sity, floor-area ratio, height or coverage of the site, or which do not decrease the off-street parking ratio, or reduce the yards provided at the boundary of the site as indicated on the approved development plan may be authorized by the C~ty Manager. Any applicant may appeal the decision of the City Manager to the Clty Plan Commission for review and decision as to whether an amendment to the Planned Unit Development ordinance shall be required. I. The Development Plan shall include: 1. A scale drawing showing any proposed public or private streets and alleys; building sites or building lots; any areas proposed for dedication or re- served as parks, parkways, playgrounds, utility and garbage easements, schools sites, street widening, street changes, the points of ingress and egress from existing public streets on an accurate survey of the boun- dary of tract and topography with contour interval of not less than five (5) feet, or spot grades where the relief is limited. 2. Where multiple types of land use are proposed, a land use plan deline- ating the specific areas to be devoted to various uses shall be required. 3. Where building complexes are proposed, a site plan showing the location of each building and the minimum distance between buildings, and between buildings and the property line, street line one (1) story in height, except single family and two-family residences, elevations and/or per- spective drawings may be required in order that the relationship of the buildings to adjacent property, open spaces and to other features of the development plan may be determined. Such drawings need only indicate the height, number of floors and exposures for access, light and air. 4. A Plan indicating the arrangement and provision of off-street parking and off-street loading where required. Such a plan may be presented as a ratio of off-street parking and off-street loading area to building area when accompanied by a typical example indicating the feasibility of the arrangement proposed and when the areas where the example would be applied are dimensioned on the drawing of the entire site. Any special traffic regulation facilities proposed or required to assure the safe function of the circulation plan shall also be shown. 5. A designation of the maximum building coverage of the site shall be indicated upon the site plan. 6. Screening or landscaping plan shall be required where such treatment is essential to the proper arrangement of the development in relation to adjacent property. Such plan shall, when required, include screening walls, ornament planting, playgrounds, wooded areas to be retained, lawns and gardens if such are determined to be necessary by the City Council. 7. Any or all of the required features may be incorporated on a single drawing if such drawing is clear and capable of evaluation by the City Manager and interpretation of the Building Inspector. J. In Planned Unit Development, with residential uses, one-family attached dwelling defined as a dwelling unit on a separately platted lot which is joined to another dwelling unit on one or more sides by a party wall or abutting separate wall, served by separate wall, served by separate utilities and not occupied by more than one family shall be permitted. The requirements prescribed in the community development may be adopted to residential develop- ments planned as Planned Units with variable housing wherein the types of dwelling structure may vary from those permitted in the district in which the development is proposed, as attached single-family or apartments in a single- family area. In Planned Unit Development with residential uses may also be approved for special apartment designs such as fourplex, a structure. with four (4) living units, or a sixplex, a structure with six (6) living units, all of which must comply with the minimum requirements of the MF, Multiple-Family District. K. In planned unit development, single-family detached dwellings which meet the minimum requirments of the R-900, R-llOO, R-1300 single-family dwelling districts and community unit development will be permitted when they are shown on the approved land use development plan described in Section H of the zoning ordinance. It is the intention to provide for new design in single-family detached housing developments, when such development meets the development needs of the city. Such developments shall be known as "single-family detached clusters". To ade- quately determine and establish the character of the development, the city may require special designs, plot plans, site plans, screening and other information and physical improvements. Single-family detached clusters shall be located only in a planned unit development and shall meet the standards set out in Section 11.2. L. In the event that the Developers and/or owners fail to comply with the plan and/or schedule approved by the City Council and are found in violation of any part of the ordinance establishing their specific Planned Unit Development then the penalties as prescribed in Section 19 of the Zoning Ordinance shall be imposed. M. Developers/or owners of property not located within the Corporate limits of the City of Wylie must petition for annexation in whole or part if the City Coun- cil adopts a Planned Unit Development Ordinance by request of the developers/or owners before the development is started. SECTION 2. Administration and Enforcement Same as Ord. #62-5 Section 18 SECTION 3. Violation and Penalties Same as Ord. #62-5 Section 19 SECTION 4. Board of Adjustment Same as Ord. #62-5 Section 20 SECTION 5. Interpretation of Ordinance Same as Ord. #62-5 Section 21 SECTION 6. Amendments & Changes Same as Ord. #62-5 Section 22, Parts A & B Part C. Schedule of Fees - Each and every petition as provided shall be filed with the City Manager or his appointed Representative prior to being presented to the Planning & Zoning Commission, and the same shall be accompanied by a filing fee: 1. Less than 1 ac. $ 50.00 2. 1 ac. to 5 ac. $100.00 3. 5 ac. to 25 ac. $150.00 4. Over 25 ac. $300.00 which sum shall be paid to the City at the time the application is filed. SECTION 7. Validity Clause Same as Ord. #62-5 Section 23 SECTION 8. The effective date of this amendment to Ordinance #62-5 shall take effect on the 11th. day of October 1977. PASSED AND APPROVED THIS THE 11th. DAY OF October 1977 . l/~J('fl;;C.1~:' :;- Jna~-h~,\ Mayor ATT~ 71/ ,4~~ClL-~ City Secretary Approved as to Form: City Attorney