Ordinance 1986-17
ORD I NANCE NO. __f.i._-:L~_._----
BEING AN AMENDMENT TO ORDINANCE #85-89
SEVERANCE CL.AUSE, PROVIDING A PENALTY CLAUSE,
PUBLICATION AND PROVIDING AN EFFECTIVE DATE.
PROV I DING r:)
PI~OVIDING FOR
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
COLLIN COUNTY, TEXAS:
That Ordinance #85-89 is hereby amended
act i oris;
by the following
1. In Sectior, 9.0 pet~rllitted uses, item E,
the addition of the words, in model homes,
entire sentences reads as follows:
is amer,ded by
so that the
,....t,? Real Estate sales offices, ir, model homes, dut~ing
"~ .~evelopme'tttof" t"esiderltial ~:;ubdivisor,s, but riot to exceed
~wo yeat~s.'....
, ....""',~-
Ir, Section 9.0, d~'t19.J;e ft~clm specific uses by pet~mit, use #1
bat ch pI ar,t, t empot~at::-~.... d Ut~ i ng corlst t~uct ion ar,d i rl Sect i orl
':3.0 pet"witted u~.>es erltet':>'a.s item 18 batch plarlt, tempot~at~y,
d Ut~ i rig corlst t'uct i or, wheY'1 P~l'~l i t t ed by Code Erlfot'cemer,t arid
I imited to the subdivisc.rl fot' ~Ch they at'e pet'mitted.
"
In Section 10.1 delete specific use #1 batch plant,
t empot'at'y, d ut~i rrg , cortSt t'I.lct,i or,.
11"1
t e'tn-pot'a ry,
Sect ion 11. 1 de let e sp62ci f i c use ~:j: 1 bat ch pI arlt,
dur ng construction.
In Section 12.1 delete from specific uses by permit,
use #1 batch plant, tempot'at'y,dul~'i'Y'tfl" cc.r,stt'uctiorl arid irl
Sectior, L:::.l pet"mitted uses erltet~ as 1 't'Einl 2 batch plant,
teill~t'at~y, dut'iy',g corlstt'uctior, wiler, pet'mitted by Code
Enfot'c'e!ofllent arid I inlt ed to the subd i vi s i or, fot' wh i ch they at'e
pet'mi tted.
I r, Sect i 01", 13. 1 de I et €9 fl:ll"1'tl,~peC if i c uses by pet'm it,
use #1 batch plarl-t-.., tempc.t'at\y, dut'irig cor,stt'uction arid irl
Sect~ 1 .. p~t'mitte(j"-....~s ~.ntel" as it 2 batch plar,t,
t~mpot'at,y,~1g cor,stt.:j~j,!:;m whey', pet'mi d by Code
Enforcement and limited to the subdivision for ich they
at'e pet'm i t t ed.
In Section 14.1 delete from specific uses by permit,
use #1 batch plant, temporary, during construction and in
Section 14.1 permitted uses enter as item 5 batch plant,
temporary, during construction when permitted by Code
Enforcement and limited to the subdivision for which they
e:H'e pet'm i t t ed.
Section 14
PUt"pose arid
is het'eby amerlde
Description reads
pat'agt'aph II Ger,et'a I
The MF, Multiple F mily Dwellirlg Distt~'i.ct i.s a Residerltial
Attached District ntended to provide for the highest
t'esider,tial derlsity lot to exceed fifteerl (15) units pet'
acre on a single st~ry or twenty (20) units per acre for
multiple story configu'ation. If the multi-story density of
twenty (20) units per acre is selected by the
bui lder/developet' he s\1all be t'equit'ed tCI corlf'ot'm to the
add it ona I-.J i t'e pt'ot ect 'l orl t~eq u i t'ement s spec if i ed\ il"l Sect i or,
14. 7. The"~irlcipal use of lar,d iI", this distt~'~ct is fot'
multiple-famil~..~.}l'lgs,gat'der, apat'tmerlt, ar,d b.~t'dirlg Ot~
t'oomirlg houses. The distl"ict is usually locdted~d.,acel",t'tcl
a majc.t' stt'eet arid set'ves as a buffet' ot' tt'ar,sitiorl b'E.-r-{:;'weer,
retail/commercial development or heavy automobile traffic
and medium or low density residential development.
Section 14.1 is amended by the additon of the following:
(3) Boarding or Rooming Houses
(4) Garden Apartments
And permitted use #3 is renumbered #5
Sect i 01'"1 20
Sect i OYI c~o
follows:
is hereby repealed in its entirety and a new
is hereby established which shall read as
SECTION 20
"PO" PLANNED DEVELOPMENT DISTRICT PREFIX
~~n~~~l_eY~QQ~~__~n~_Q~~~~iQiiQnA The Planned Development
D i st t~ i ct "PD" pt~ef i xis i Ylt eYlded t 0 pt~OV i de fot~ comb i Yl i Ylg
and mixing of uses allowed in various districts with
appropriate regulations, and to permit growth flexability in
the use and design of land and buildings in situations where
modification of specific provisions of this ordinance is not
contrary to its intent and purpose or significantly
inconsistent with the planning on which it is based and will
not be hat~mful to the 1'"leighbot~hood. A "PD" Distt~ict may be
used to permit new and innovative concepts in land
ut i 1 izat iOYI.
While great flexability is given to provide special
restrictions which will allow development not otherwise
permitted, procedures are established herein to insure
againist misuse of the increased flexability.
20. 1 e~~miii~~__U~~~A Any uses shall be permitted if
such use is specified in the ordinance granting a Planned
Development District. The size, location, appearance and
method of operation may be specified to the extent necessary
to insure compliance with the purpose of this ordinance.
Q~Y~lQQm~ni_B~gYi~~m~ni~A
1. Development requirements for each separate PD
District shall be set forth in the ordinance granting the PD
District and may include, but not to be limited to; uses,
density, lot area, lot width, lot depth, yard depths and
widths, buildiYlg height, buildil"lg elevations, covet~age,
floot., c.'H~ea t~atio, pat~kiYlg, access, sct~eeYJiYlg, laYldscap:iYlg,
accessory buildings, signs, lighting, management
associations, and other requirements as the City Council and
Planning and Zoning Commission may deem appropriate.
2. In the PD District, if uses conform to the
standards and regulations of the Zoning District to which it
is most similar, the particular district must be stated in
the granting ordinance. All applications to the City shall
list all requested variances from the standard requirements
set forth throughout this ordinance (applications without
this list will be considered incomplete).
3. The ordinance granting a PD District shall include
a statement as to the purpose and intent of the PD granted
therein. A specific list is required of variances in each
district or districts and a general statement for citing the
reason for the PD request.
L
t.
The Planned Development District shall conform to
sections of the ordinance unless specifically
in the granting ordinance.
all othet~
€~xc I uded
5. The minimum acreage for a Planned Development
request shall be five (5) acres.
20.2 In establishing a Planned Developement District in
accordance with this section, the City Council shall approve
and file as part of the amending ordinance appropriate plans
and standards for each Planned Development District. During
the reveiw and public hearing process, the Planning and
Zoning Commission and City Council shall require a
Conceptual Plan and/or a Development Plan.
1. ~Qns~QiY~l_el~n~ This plan shall be submitted by
the applicant. The plan shall show the applicant's intent
for the use of the land within the proposed Planned
Development District in a graphic manner and, as may be
required, supported by written documentation of proposals
and standards for development.
(a.) A Conceptual Plan for residential land use shall
show general use, thoroughfares and preliminary lotting
arangements. For residential development which does not
propose platted lots, the Conceptual Plan shall set forth
the size, type and location for buildings and building
sites, <~~ccess, deY"lsity, buildiY"lg hE?ight, fit'e laY"les,
SCt'e€~Y"1 i Y"lg, pat'k i ng at"'eas, 12\ndscaped at'eas and ot her-'
pertinent development data.
(b.) A Conceptual Plan for uses other than residential
uses shall set forth the land use proposals in a manner to
adequately illustrate the type and nature of the proposed
development. Data which may be submitted by the applicant,
or required by the Planning and Zoning Commisssion or CIty
Council, may include but is not limited to the types of
use(s), topography and boundary of PD area, physical
fE?atut'es of the f::;ite, existiY"lg stt'eets, alleys and
easements, location fo futut'e public facilities, buildiY"lg
height and location, parking ratios and other information to
adequately describe the proposed development and to provide
data for approval which is to be used in drafting the final
development plan.
(c.) Changes of detail which do not alter the basic
relationship of the proposed development to adjacent
property and which do not alter the uses permitted or
increase the density, building 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 or
does not significantly alter the landscape plans as
indicated on the approved Conceptual Plan may be authorized
by the City Manager or his designated representive.
2. Q~Y~lQQm~ni_el~n_Qr_Q~i~il_~ii~_el~n~ This plan
shall set forth the final plans for development of the
Planned Development District and shall conform to the data
presented and approved on the Conceptual Plan. Approval of
the Development Plan shall be the basis for issuance of a
building permit. The Development Plan may be submitted for
the total area of the PD or for any section or part as
approved on the Conceptual Plan. If the initial
presentation lS a Conceptual Plan the Development Plan must
be approved by the Planning and Zoning Commission and City
Council, but a public hearing is not required.
The Development Plan shall include, but not be limited to:
(a. ) A site inventory analysis including a scale
drawing showing existing vegetation, natural water courses,
creeks or bodies of water and an analysis of planned changes
in such natural features as a result of the development.
This shall include a delineation of any flood prone areas.
(b.) A scale drawing showing any proposed public or
private streets and alleys; building sites or lots; and
i:\t~eas t~eset~ved as pat~ks, pat~kwi~Ys, playgt~oun(h;, ut i.l ity
easements, school changes; the points of ingress and egress
from existing streets; general location and description of
existing and proposed utility services, including size of
water and sewer mains; the location and width for all curb
cuts and the land area of all abutting sites and the zoning
classification thereof on an accurate survey of the tract
with a topographical contour interval of not more than five
(~)) feet.
(c. A site plan for proposed building complexes
showing the location of separate buildings, and between
buildings and property lines, street lines and alley lines.
Also to be included on the site plan is a plan showing the
arrangement and provision of off-street parking.
(d. ) A 1'::\'I'"ldscape
ornamental planting, wooded
plan showing screening walls,
areas and trees to be planted.
(e.) An architectural plan showing elevations and
signage style to be used throughout the development may be
required by the Planning and Zoning Commission or City
Council if deemed appropriate.
Any or all of the required
on a single drawing if one
evaluated by the City
representatives.
i nfot~mat i 0'1'"1
(h~awing 1S
Ma'l'"lage\"~ Ot~
may be incorporated
clear and can be
his designated
~. All Development Plans may have supplemental data
describing standards, schedules or other data pertinent to
the development of the Planned Development District which is
to be included in the text of the amending ordinance.
Proceedures for establishing a Planned Development District
shall follow the procedure for zoning amendements as set
forth in Section 34. This procedure is further expanded as
follows for approval of Conceptual and Development Plans.
(a.) Separate public hearings shall be held by the
Planning and Zoning Commission and City Council for the
approval of the Conceptual Plan.
(b.) The developer may choose to submit a Development
Plan in lieu of a Conceptual Plan. In that case public
hearings before the Planning and Zoning Commission and the
City Council will be required as if it were a Conceptual
PlaY"l.
(c.) The ordinance established the Planned Development
District shall not be approved until the Development Plan is
..,.".....",,--. a~121'~oved.
--"" ---~,.,'
1. The Development Plan may be approved in sections. When
the plan is approved in sections, then separate approvals by
the Planning and Zoning Commisssion and City Council for the
initial and subsequent sections will be required.
c. An initial Development Plan shall be submitted for
approval within six (6) months from the approval of the
Conceptual Plan or for some portion of the concept plan. If
the Development Plan is not submitted within six (6) months,
the concept plan is subject to reapproval by the Planning
and Zoning Commission and City Council. If the entire
project is not completed within two (2) years, the Planning
and Zoning Commission and City Council may review the
original concept plan to ensure its continued validity.
".?
......
The Dev€.? I o pmt;?1"1 t
Zoning commission
Plan shall be approved
and City Council.
by the PlanY"lin~~
and
20.3 When a PD is being considered, a written report may be
requested of the City Manager discussing utilities,
electric, sanitation, building inspection, tax, police, fire
and traffic and written comments from the applicable public
school district, and from private utilities may be submitted
to the Planning Commission prior to the Commission making
any recommendations to the Council.
20.4 All Planned Development Districts approved In
accordance with the provisions of this ordinance in its
original form, or by subsequent amendments thereto, shall be
referenced on the Zoning District map, and a list of such
Planned Development Districts, together with the category of
uses permitted therein, shall be maintained in the appendix
of this ordinance.
20.5 e!~nn@~_Q@~@!QQm@nt__Q~~in~nS@~_~QntinY@~~ Prior to
adoption of this ordinance, the City Council had established
various Planned Development Districts, some of which are to
be continued in full force and effect. The ordinances or
parts of ordinances approved prior to this ordinance shall
be carried forth in full force and effect and are the
conditions, restrictions, regulations and requirements which
apply to the respective Planned Development Districts shown
on the Zoning map at the date of adoption of this ordinance.
20.6 (PENALTY) Any person, firm, corporation, or other
entity who is found guilty of violating the terms of this
ordinance shall be deemed guilty of a misdemeanor and upon
conviction of any such violation, shall be subject to a fine
not to exceed the amount permitted by state L.aw.
20.7 (SEVERABILITY) It is hereby declared to be the
intenetion of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this
ordinance are severable and if any phrase, clause, sentence
or section of this ordinance shall be declared
unconstitutional or unvalid by any judgement or be declared
or decree of a court of competent jursidiction, such
unconstitutionality or invalidity shall not affect any other
remaining phrase, clause, sentence, paragraph or section of
this ordinance; and the City Council hereby declares it
would have passed the remaining portions even though it had
known the affected parts would be held unconstitutional.
20.8 (PUBLICATION)
published one time in
the City of Wylie.
The caption
a newspapel'-'
of
of
this ordinance shall
general distribution
be
J.n
20.9 (EFFECTIVE DATE) This
effective upon its publication in
cil"culat iOY'I.
ol.'d i naY'lce ~:;hi::'\ II
c\ newspapel" of
becom€~
genel'-'a 1
WYLIE, TEXAS THIS
~ //~\J
_....._------,.-~._----------
~~ki Y'I, Mayor'
(iTTEST: