03-03-1997 (Planning & Zoning) Agenda Packet AGENDA
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
March 3, 1997
6:30 pm
CALL TO ORDER
ACTION ITEM
1 . Discuss and Consider approval of the Minutes from the February 17, 1997
Regular Business Meeting.
2. Discuss and Consider recommendation to the City council a request from
Richard Parker for approval of a zone change from "A", Agriculture to "MF",
Multi-Family Residential District for a 16.356 acre tract of land located at the
southwest corner of Parker Road and Ballard Avenue and further described as
the W.D. Penny Survey, Abstract No. 696, Tracts 33 and 33-9.
CITIZEN PARTICIPATION
ADJOURNMENT
Posted Friday February 28, 1997 at 5:00 p.m.
THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE
REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CRY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170.
Planning & Zoning Commission
#1 Action Item
Re: Approval of the Minutes from the February 17, 1997 Regular Business
Meeting
March 3, 1997
Consider approval of the Minutes from the February 17, 1997 Regular Business Meeting.
Note any changes or additions which need to be made.
MINUTES
The Planning and Zoning Commission met in a Regular Business Meeting on February 17, 1997,
at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78
North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and
manner required by law.
COMMISSION MEMBERS PRESENT: Chairman Bart Peddicord, Rich Eckman, Cecilia
Wood, Jim Smith, Stuart Allison and Tim Owen.
ABSENT: Steve Ahrens - excused
STAFF MEMBERS PRESENT: Director of Community Development-Mike Phillips, Planner -
Kelley Shaw and Secretary- Rebecca Rogers.
ACTION ITEMS
ITEM NO. 1: Consider approval of the Minutes from the February 3, 1997 Regular Business
Meeting. A motion was made by Rich Eckman, seconded by Jim Smith to accept the minutes as
presented. Motion carried, all in favor (6).
ITEM NO. 2: Consider a recommendation to the City Council a request from Roy Neely for
approval of a zone change from "A" Agriculture to "B-2" Business District for property located
on the south side of State Highway 78 North, east of Kreymer Lane and more particularly
described as Lots 6, 7 and 8 of Wylie Ranch East Commercial Park. A motion was made by Jim
Smith, seconded by Rich Eckman, to remove this consideration from the table. Motion carried,
all in favor(6). Staff(Mr. Phillips) commented that the required Public Hearing for this request
was held on February 3, 1997. The Comprehensive Plan shows a commercial/retail/business use
in this area and Staff recommends approval but asked that the Commission keep in mind that
there are several uses in B-2 zoning that may not be desirable in this location due to its proximity
to single family zoning. A motion was made by Stuart Allison, seconded by Jim Smith, to
recommend denial of the zone change to City Council. Motion denied, 2 in favor (Stuart Allison,
Jim Smith), 4 opposed (Cecilia Wood, Bart Peddicord, Rich Eckman, Tim Owen). Another
motion was made by Rich Eckman, seconded by Cecilia Wood to recommend approval of the
zone change to City Council. Motion carried, 4 in favor (Cecilia Wood, Bart Peddicord, Rich
Eckman, Tim Owen), 2 opposed (Jim Smith, Stuart Allison).
PUBLIC HEARING
ITEM NO. 1: Hold a Public Hearing and consider a recommendation to the City Council a
request from David and Jan Morgan for approval of a zone change from "MF" Multi-Family
Residential to "2F" Two Family Residential District for property located at 102 S. Fourth Street
and more particularly described as Lot 1,Block 22 of the Railroad Addition, City of Wylie, Texas,
recorded in Vol. 77, page 494,Deed Records, Collin County,Texas. Chairman Peddicord opened
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the Public Hearing. Jan Morgan,306 Dogwood Court,Wylie,Texas, was present to speak on the
behalf of the zone change request. Would like to build a nice duplex, the area is currently zoned
"MF" and the "2F" would be less intensive. The originally was a condemned house on the
property that has been demolished. There is a need for more property like this in Wylie. Chairman
Peddicord asked for Staff recommendation. Kelley Shaw, Planner stated that Ms. Morgan does
have another duplex in the area and it is a nice looking building conforming to the requirements.
The property is zoned Multi-Family and there is no other Multi-Family in the area. There are
several duplexes in the area. It has met all the criteria and guidelines for a zone change.
However, it does not meet the minimum square foot requirement, the dimensions are 125'x 68'
and the minimum lot width is 80'. Staff recommends approval with the condition that a variance
from the Zoning Board of Adjustments is granted for the lot width in order to be able to develop
on the lot. Other than the lot width requirement, Ms. Morgan's proposed building meets all the
requirements. Mr. Shaw recommends that the variance request go before the Zoning Board of
Adjustments before going to City Council due to the fact that if the variance is not granted there
will not be a need for the zone change to be approved. A motion was made by Tim Owen,
seconded by Stuart Allison, to recommend approval of the zone change to City Council subject
to a variance being granted by the Zoning Board of Adjustments for the lot width. Motion carried,
all in favor(6).
ITEM NO. 2: Hold a Public Hearing and consider a recommendation to the City Council a
request from Richard Parker for approval of a zone change from "A" Agriculture to "MF" Multi-
Family Residential District for a 16.356 acre tract of land located at the southwest corner of
Parker Road and Ballard Avenue and further described as the W.D. Penny Survey, Abstract No.
696,Tracts 33 and 33-9. Chairman Peddicord asked for Staff comment. Kelley Shaw, Planner,
stated that Staff recommends approval. The zoning of Multi-Family follows the guidelines of the
Comprehensive Plan (arterial, major roads, parks, green belts, open space, etc.). The
Comprehensive Plan does not specifically show Multi-Family for that particular piece of property.
If something meets the guidelines of the Comprehensive Plan, then it could possibly be there.
A bare bones traffic impact study was conducted by Stanton Foerster, Traffic Engineer
Consultant, on 2/14/97. The development, as proposed, would add 1,200 trips per day to the
existing traffic and there are currently 5,000 trips per day. The level of service is currently a level
"D"which is acceptable capacity and the additional trips would make it a level "D/E" (A-F rating
with"F" being failure of transportation service)which would make it close to maximum capacity.
It was questioned whether the same type of study was done on Highway 78 and FM 544. No
study had been done on those two roads. Chairman Peddicord opened the Public Hearing.
Richard Parker, 1255 FM 544, Wylie, Texas, had requested this zoning change previously and
was denied. Due to the need for apartments which was voiced to him by residents of Wylie and
business people. These will be newer apartments and meet much higher development standards
than the apartments of old. The apartments will be in a park like setting with play areas for the
children. Small density,nice aesthetics and well maintained with professional maintenance. "A
park with a few apartments scattered in it." The development of the apartment complex will also
allow him to develop his additional 22 acres into 84 single family dwellings. The additional
single family dwellings and apartments will increase the City's tax base. Some property had been
annexed in that area and then was de-annexed due to lack of city services, and it was questioned
whether city services could be provided. Mr. Parker feels that city services can be offered after
2
minimal discussion with the City's consulting engineers, but that it wold be very expensive. Mr.
Parker feels that he can defray some of the cost of the utilities and will allow him to develop the
single family residences, no engineering report has been done at this time. Mr. Parker feels that
Wylie needs more quality rental housing, it will be aesthetically pleasing and add to the quality
of life, great location (buffered by vacant land), near major thoroughfare and City will receive
financial rewards.
Daryl Morgeson, 122 Windsor Drive, Wylie, Texas; Rae Cox for Joe Cox, 125 Windsor Drive,
Wylie, Texas; Sean McGinnis, 409 N. Winding Oaks Drive, Wylie, Texas; John Knight, 101
Windsor Drive, Wylie, Texas; Williams Downs, 601 Parker Road, Wylie, Texas; Laurie Strait,
104 Windsor Drive, Wylie, Texas; Ronda Berryhill, 634 N. Ballard Avenue, Wylie, Texas; and
Brian Hutchinson, 118 Windsor Drive, Wylie, Texas were present to speak against the proposed
zone change. The following points were brought up: increased crime rate and traffic (road is
falling apart now, can't handle increase),will lower the value of existing single family dwellings,
inappropriateness of area-zoned (comprehensive plan shows single family), homeowners did
homework prior to purchase and had no idea apartments could be allowed, there is no park at this
time, develop all into single family dwellings - not just part of it, high turnover of apartment
dwellers and to build apartments where it is currently zoned for it. Chairman Peddicord closed
the Public Hearing. A commission member commented that when population increases, so does
crime. A motion was made by Stuart Allison, seconded by Tim Owen, to recommend denial to
City Council of the request zone change. Motion denied, 3 in favor (Stuart Allison, Tim Owen,
Jim Smith), 3 opposed (Cecilia Wood, Bart Peddicord, Rich Eckman). A motion was made by
Rich Eckman, seconded by Cecilia Wood, to table this request until the March 3, 1997 Planning
& Zoning meeting. Motion carried, all in favor (6).
CITIZEN PARTICIPATION
None
ADJOURNMENT
A motion was made to adjourn by Tim Owen, seconded by Stuart Allison. Motion carried, all in
favor(6). Chairman Peddicord adjourned the meeting.
Respectfully submitted,
Bart Peddicord, Chairman Rebecca Rogers, Secretary
3
Planning & Zoning Commission
#2 Action Item
Re: Recommendation for Approval of Zone Change
March 3, 1997
Issue
Consider for recommendation to the City Council a request from Richard Parker for approval
of a zone change from "A", Agriculture to "MF", Multi Family Residential District for a 16.356
acre tract of land located at the southwest corner of Parker Road and Ballard Avenue and
further described as the W.D. Penny Survey, Abstract No. 696, Tracts 33 and 33-9.
Background
Mr. Richard Parker owns a 16.356 acre tract located on the southwest side of where Ballard
Avenue turns into Parker Road. Mr. Parker is requesting to rezone the property from
Agriculture to Multi-Family.
Wylie's Comprehensive Plan is designed to provide direction in regards to this type of major
development issue. The Comprehensive Plan's purpose is to provide a general blueprint
for future growth and development of Wylie. As such, it has general goals that are
reflections of the community's values and desires and are intended to improve Wylie's
quality of life.
Housing goals are summarized as follows:
• Encourage development of a variety of housing types in Wylie, with emphasis on low
density single family homes.
• Increase the number and quality of Multi-Family developments.
• Improve and/or maintain the quality of existing neighborhoods in Wylie.
The Comprehensive Plan also contains more specific Multi-Family development guidelines.
These guidelines help in establishing criteria to be used in determining the feasibility and
location of Multi-family developments. The development guidelines stated in the Land Use
Plan (section 7.5.1) are to be used in conjunction with other elements of the Comprehensive
Plan such as the Thoroughfare Plan.
Multi-Family Development Standards are listed as follows:
1. Locate Multi-Family residential areas along arterial or major collectors, near
neighborhood commercial services, and convenient to activity centers;
2. Where possible, Multi-Family housing residential should be adjacent to major
parks, greenbelts, and private open space and recreation areas;
3. Multi-Family housing should be dispersed so that no more than 200 units are
located in any one area, with a minimum 1,000 foot separation between
developments;
4. Multi-Family housing should be dispersed within two or more contiguous
neighborhoods so that no more than 400 units are clustered together.
Although Multi-Family is considered a residential land use, the City of Wylie's
Comprehensive Land Use Plan lists Residential and Multi-Family as separate land use
designations. According to the Land Use Plan Map, the area for which Mr. Parker is
requesting the zone change is designated as Low Density Residential.
The Land Use Plan Map provides visual examples of possible Multi-Family locations
meeting the criteria stated within the Comprehensive Plan. However, what is important to
remember is the Land Use Map does not show all possible locations of Multi-Family
development. It is only a visual representation of the goals and objectives of the
Comprehensive Plan. When a development proposal or related zone change request is in
conformance with the goals and objectives of the Comprehensive Plan but in conflict with
the Land Use Map, the proposal still may be valid as the map is nothing more than a graphic
representation of the Comprehensive Plan's policies.
Community Development Department staff has estimated that there currently exists
approximately 305 acres that are zoned for multi-family development. Of this 305 acres, it
is estimated that there are 15-20 acres currently developed as multi-family residences.
Wylie's current total number of Multi-Family units is estimated to be 377. Of the units
existing in Wylie, all complexes report to be at or near 100% occupied with waiting lists.
Zoning that currently exists in the area (see attached zoning map) consists of Single Family
Residential to the southwest (developed), Agriculture to the south (undeveloped) and east
of the location is an Industrial zoned lot (developed) and Single Family Residential property
(developed).
On February 17, 1997, the Planning and Zoning Commission met to consider this item. The
Public Hearing was opened and comments were received from citizens attending the
Hearing. The Hearing was closed and deliberation began on the item. A motion was made
to deny the Zone Change and was seconded. A vote was taken with three votes in favor
of denying the request and three votes against denying the request. A motion was then
made to table the item until the next scheduled meeting (3-3-97) where the absent member
could be present to cast a deciding vote.
Public Hearing Notifications were sent to all property owners within 200' of this site and
within the City Limits. To date, one in opposition has been returned.
Financial Considerations
N/A
Legal Considerations
Article 9, Section 2 (B2) of the Wylie Home Rule Charter, states that the Planning and
Zoning Commission will recommend to Council proposed ordinances and amendments
regarding planning and zoning changes.
Staff Recommendation
Staff recommends approval of the zone change request. This request conforms to Multi-
Family development guidelines as stated by the Comprehensive Plan. It also conforms to
other general guidelines for multi-family development such as needing to be located on the
perimeter of residential neighborhoods with access to primary arterials so that traffic is
diverted from going through neighborhoods. It will provide a buffer area to the
neighborhood from major thoroughfare traffic and noise on FM 2514 (which is scheduled to
be a 4 lane divided road per the Thoroughfare Plan). The location is also convenient to
schools, activity centers and retail services.
Staff is currently in the process of updating the Multi-Family Development Standards
contained within the Zoning Ordinance. These modifications will help ensure the quality of
this type of development. This process should be completed by the end of March. The
applicant is full aware of the changes being proposed in these new regulations.
Upon further interpretation of the proposed Multi-Family regulations, the square footage
available for multi-family development at this particular location allows for a maximum of
240 units. However, the Comprehensive Plan states that no more than 200 units can be
located in one area.
Multi-Family development is a valued part of a community's housing stock. While many
types of households may elect to live in apartments, multi-family housing is especially
important in meeting the housing needs of small and mobile households. As long as the
adopted guidelines and development standards are adhered to, multi-family can be a
positive attribute of Wylie's quality of life and attractiveness.
Attachments
Zone Change Application, Public Hearing Notice, Property Owners List and Responses,
Location Map, Area Zoning Map, Proposed Multi-Family Development Standards.
Page 1 of 2 (5/93)
CITY OF WYLIE
P.O. BOX 428
WYLIE, TEXAS 75098
APPLICATION FOR ZONING CHANGE
Case No. Filing Fee Date /v— /t-9.'
Applicant i ,y 2% _/� Phone No. 9�2. -
Mailing • • es Work No.
.ii
LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is
needed for description, the description may be put on a separate sheet and attached hereto).1
,f%T,14C2:'
I her9py request that the above described property be changed from its present zoning which
is s District Classification to /W District Classification
for the following reasons:
(attach separate sheet if necessary)
There (are) are not deed restrictions pertaining to the intended use of the property.
2
Status of Applicant Owner V Tenant _,
Prospective Purchaser
I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this
requested zoning change and have read the following concerning the importance of my submitting
to the City a sufficient legal description.
Signed
Page 2 of 2
Note:
1
The legal description is used to publish notice of the required hearing and in the preparation of
the final ordinance granting the zoning change. The description must be sufficient so as to allow
a qualified surveyor to take the description and locate and mark off the tract on the ground. Each
applicant should protect himself by having a surveyor or his attorney approve his legal
description. Failure to do so by the applicant may result in delay in passage of the final ordinance
or the ordinance being declared invalid at some later date because of an insufficient legal
description.
2
If the applicant is someone other than the owner, written acknowledgement by the owner.of the
zoning request must also be submitted.
•
•
•
•
PROPERTY DESCRIPTION
TRACT I
Being a tract of land .situated in the II .D. Penny Survey. Abstract \o. 696. ('ity of II rlie, Collin
County. Texas. and being a portion of that certain tract of land conveyed to Jack Parr by deed
recorded in Volume 358. Page 285. Deed Records. Collin County. Texas and being more
particularly described as follows:
Ile,t,,innin,,' at a l 2 inch iron rod set in the south right-of-was line of Parker Road (E.:11. 2514)
for the northeast corner of a 1.87 acre tract of land conveyed to I! illiant Downs by deed recorded
in I 'plume 1820, Page 776, Deed Records. Collin County. Texas:
Thence. 88°44'48"' E, along said south right-of-way line. a distance of 568.69 feet to a 112 inch
iron rod set for the beginning of a curve to the right having a radius of 768.51 feet:
Thence, along said curve to the right, through a central turtle of 76°25'38" an arc length of
1025.12 feet to a 112 inch iron rod set in the north line of a -1."3 acre tract of land conveyed to
Texas Power and Light by deed recorded in Volume 573, Page :1 2. Deed Records, Collin County.
Texas:
Thence, S 87°30'45" IV. along the north line of said Texas Power and Light Tract, a distance of
1.303.27 feet to a 112 inch iron rod set for the northwest corner o/ said Texas Power and Light
Tract and the southeast corner of aforementioned Downs "Tart:
Thence, N 00°02'38" IV, along the east line of said Downs Tract. a distance of 673.36 feet to the
Point of Beginning and containing 712,475 square feet or 1(.356 acres of land.
CHANGE OF
PUBLIC HEARING NOTICE
It was advertised in the Wylie News on January 15, 1997 that the Planning and Zoning Commission
of the City of Wylie,Texas would hold a Public Hearing on Monday, February 3, 1997 at 6:30 p.m.
in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North
to consider the following:
Approval of a Zone Change from "A" Agriculture to "MT"Multi-Family Residential District for
Richard Parker and his property located at the junction ofBallard (FM 2514) and Parker Road and
more particularly described as 16.356 acres being situated in the W.D. Penny Survey, Abstract No.
696, recorded in Vol. 358, page 285,Deed Records, Collin County, Texas.
This Hearing has been rescheduled for February 17, 1997 at 6:30 p.m. in the same location referenced
above. If action is taken,the City Council will hold a Public Hearing on Tuesday,March 11, 1997
at 7:00 p.m. in the Wylie City Council Chambers for action on the matter referenced above.
RE: PZ/CC
Return this form to: Kelley Shaw, Planner
City of Wyie
2000 N. Highway 78
Wylie, TX 75098
El I am in favor of the request for the reasons listed below.
I am opposed to the request for the reasons listed below.
1.
2.
3.
Signature
Printed Name
Address
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NOTIFICATION REPORT M
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ATTORNEY, AGENT:
Name &Address
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CHANGE OF
PUBLIC HEARTh G NOTICE
It was advertised in the Wylie News on January 15, 1997 that the Planning and Zoning Commission
of the City of Wylie,Texas would hold a Public Hearing on Monday,February 3, 1997 at 6:30 p.m.
in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North
to consider the folloving:
Approval of a Zone Change from "A" Agriculture to "MF" Multi-Family Residential District for
Richard Parker and his property located at the junction of Ballard (FM 2514) and Parker Road and
more particularly described as 16.356 acres being situated in the W.D. Penny Survey,Abstract No.
696, recorded in Vol. 358, page 285,Deed Records, Collin County, Texas.
This Hearing has been rescheduled for February 17, 1997 at 6:30 p.m. in the same location referenced
above. If action is taken, the City Council will hold a Public Hearing on Tuesday,March 11, 1997
at 7:00 p.m. in the Wylie City Council Chambers for action on the matter referenced above.
RE: PZ/CC
Return this form to: Kelley Shaw, Planner
City of Wyie
2000 N. Highway 78
Wylie, TX 75098
El I am in favor of the request for the reasons listed below.
FP(I am opposed to the request for the reasons listed below.
1. �,e,r1E
2. 724�'�.cr
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City of Wylie
Proposed Multi-Family Regulations
Regulations and Requirements
Plan Requirements: Plat and Site Plan as already exists but also a
Landscape Plan
Density: 15 DUA
Lot Size: 43,560 sq.ft.
Lot Coverage: 45% maximum
Lot Width: 100 ft.
Lot Depth: 120 ft.
Front Yard Depth: 30 ft. (SF-60 ft.)
Rear Yard Depth: 25 ft. (SF-60 ft.)
Side Yard Width: 20 ft. (SF-60 ft.)
Height: 3 stories, 40 ft. maximum
DU Floor Area: efficiency- 600 sq.ft. min
one bedroom- 750 sq.ft. min
two bedroom- 900 sq.ft. min
three bedroom- 1,000 sq.ft. min
(efficiency/ one bedroom not to exceed 15% of total DU)
Building Separation:20 ft. separation
50 ft. if back to back or face to face
Parking: 2.5 per unit (none in front)
Open Space: 25% of lot (250 sq.ft. per DU as usable recreational
space)
Buffer Area: When MF is located adjacent to SF or lower density
developed area, without any division such as a dedicated public street, park
or permanent open space, all structures shall be set back a min. of 60 ft.
from adjoining property line. The setback area shall contain appropriate
landscape improvements, fencing berms or trees to adequately buffer
adjoining uses as approved by Director.
Landscape Requirements:
Landscape Plan: scale of 1 inch= 50 feet
plant location
plants preserved
species
size
spacing
layout and description of irrigation
maintenance provision
persons responsible for landscape plan preparation
Landscape: 15% of open space, 50% must be in front
planting requirements:
The following plants shall be required within the
landscape areas at the ratios indicated.
1 large tree/600 sq.ft.
1 small tree/ 300 sq.ft.
1 shrub/ 60 sq.ft.
Ground cover- 10% of required area