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Ordinance 1997-08 ORDINANCE NO. � / �" � AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTABLISHING MULTI- FAMILY RESIDENTIAL DISTRICT DEVELOPMENT STANDARDS; STATING A PURPOSE; PROVIDING DEVELOPMENT STANDARDS; PROVIDING A PENALTY CLAUSE; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A); REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, there currently exists Multi-Family Residential District Regulations, Section 14 of the Wylie Zoning Ordinance adopted May 5, 1985 (Ordinance 85-23A); and WHEREAS, there currently exists Multi-Family Development Standards contained within Article XIII, Section 22-479 of the Wylie Code of Ordinances; and WHEREAS, the Planning and Zoning Commission and the City Council has deemed necessary and appropriate to direct City Staff to review and amend said Multi-Family Residential District Regulations and said Multi-Family Development Standards; and WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the proposed Multi-Family Residential District Regulations be adopted; and WHEREAS, the City Council has heretofore conducted a public hearing on the proposed Multi-Family Residential District Regulations and determined that the Regulations should be adopted; WHEREAS, the City Council has determined, in its legislative capacity, that the proposed changes are appropriate and in the best interest of the orderly development of the City in that it is based on recognition of changed or changing conditions or circumstances in the locality and/or recognizes changes in technology, the style of living, or manner of doing business, as required by Section 35.1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any of the purposes therein expressed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the Comprehensive Zoning Ordinance contained within the Wylie Code of Ordinances be, and hereby is, amended so as to replace Section 14, Wylie Zoning Ordinance, Multi-Family Residential District Regulations. SECTION II ° That Article XIII, Section 22-479 of the City of Wylie Code of Ordinances, as described in Ordinance 87-3 be, and hereby is, amended to delete the word Multi-Family from Section 5(Standards for Development) of said Ordinance 87-3. SECTION III This Ordinance shall be known as the Multi-Family Residential District Regulations, Section 14 of the Wylie Zoning Ordinance and is applicable to all Multi-Family Dwellings as defined by said Zoning Ordinance. SECTION IV Purpose - The MF, Multiple Family Dwelling District is established to provide adequate space and site diversification for multiple-family apartment, nursing and convalescent homes, boarding or rooming houses and garden apartment developments where the maximum density does not exceed fifteen dwelling units per gross acre. The MF District should be characterized by landscaping and open space and shall be convenient to major thoroughfares and arterial streets. Such districts should have adequate water, sewer and drainage facilities. SECTION V Standards for development - All Multi-Family structures constructed after the effective date of this Ordinances shall meet the following development standards: (A.) Use Regulations: A building or premise in the MF District shall be used only for the following purposes: 1. Multi-Family Dwelling (apartment building) 2. Nursing and convalescent homes 3. Accessory buildings and uses, customarily incidental to the above uses and located on the same lot therewith, not involving the conduct of a retail business. The following specific uses when granted in accordance with Section 22: 1. Batching plant (temporary, during development) 2. Cemetery or mausoleum 3. Charitable organization 4. University, college or parochial school and related facilities (public or private) 5. Country Club or golf course and related uses such as driving ranges but not including similar forms of commercial amusement such as miniature golf. 6. Day nursery, day camp or child care center 7. Electric substation 8. Museum, library or art gallery 9. Post office 10. Radio, television or microwave tower 11. Golf Course, public 12. Private club (B.) Height Regulations: No building shall exceed 3 stories, 40 feet maximum. When buildings exceed one story in height, an automatic sprinkler system shall be installed in accordance with existing fire codes and each unit shall have two points of entry or exit (as approved by the Fire Chief) each providing separate access to a place of safety during an emergency or fire. (C.) Area Regulations: 1. Size of Yards: a. Depth of front yard - 30 feet minimum b. Depth of side yard - 20 feet minimum c. Depth of rear yard - 25 feet minimum d. Buffer Area: Whenever a MF District is located adjacent to an existing or zoned residential district or lower density development, without any division such as a dedicated public street, park or permanent open space, all structures shall be set back a minimum of 60 feet from the adjoining property line. The setback area shall contain appropriate landscape improvements, fencing beams or trees to adequately buffer adjoining uses as approved by the Director. 2. Size of Lot: a. Lot Area: Lots for any permitted use shall have a minimum area of one acre (43, 560 sq. ft. ) b. Width of lot - 100 feet minimum c. Depth of lot - 120 feet minimum 3. Minimum Dwelling Size: a. Efficiency unit - 600 sq.ft. b. One bedroom unit - 750 sq.ft. c. Two bedroom unit - 900 sq. ft. d. Three bedroom unit - 1,000 sq.ft. e. Units containing a minimum of 600 sq.ft. to 750 sq.ft.. shall not exceed fifteen (15) percent of the total number of units in the development. 4. Lot Coverage: The combined area occupied by all main and accessory buildings and structures shall not exceed forty-five (45) percent of the total lot area. 5. Building Separation: The minimum distance between any two unattached buildings shall be 20 feet or the height of the building, whichever is greater. Whenever two principal structures are arranged face to face or back to back, the minimum distance shall be 50 feet. The point of ineasurement shall be the exterior walls of the buildings and does not include balconies, railings or other architectural features. (D.) Minimum Open Space: Not less than twenty-five (25) percent of the gross site area shall be devoted to open space, including required yards and buffer areas. Open space shall not include areas covered by structures, parking areas, driveways and internal streets. A portion of the minimum open space equivalent to two hundred fifty (250) square feet per dwelling unit shall be devoted to planned and permanent usable recreation areas. The amount, location and type of usable recreation space shall be shown on the site plan. (E.) Parking Regulations: Two and one-half (2.5) spaces for each dwelling unit. Required parking may not occur within the front yard. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in Section 24 of the Wylie Zoning Ordinance. (F.) Refuse Facilities: Every dwelling unit shall be located within 250 feet of a refuse facility, measured along the designed pedestrian and vehicular travel way. There shall be available at all times at least six cubic yards of refuse container per thirty multi- family dwelling units. For complexes with less than thirty units, no less than four cubic yards shall be provided. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property by an opaque fence or wall of wood or masonry not less than six feet, no more than eight feet in height or by an enclosure within a building. Refuse containers shall be provided and maintained in a manner to satisfy local public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection agencies. (G.) Border Fencing: Perimeter fencing of wood or masonry construction, not less than six feet high, shall be installed, along the property line on any perimeter not abutting a public street or right-of-way at the time of construction by the builder and maintained throughout the existence of the multi-family unit by the owner/operator of the multi- family unit. (H.) Landscape Requirements: No application for a building permit for construction of a principal building shall be approved without the submittal and approval of a landscape plan. 1. Landscape plan shall include but may not be limited to the following: a. Scale of 1 inch = 50 feet b. Plant location c. Plants preserved d. Species e. Size f. Spacing g. Layout and description of irrigation h. Maintenance provision i. Persons responsible for landscape plan preparation 2. Landscaping requirements include the following: a. 15% of open space, 50% of which must be located in front b. Planting requirements: The following plants shall be required within the landscape areas at the ratios indicated. 1. 1 large tree per 600 sq.ft. 2. 1 small tree per 300 sq.ft. 3. 1 shrub per 60 sq.ft. 4. Ground cover - 10% of required area SECTION VI Any person violating the provisions of this ordinance, or any part hereof, commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION VII Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part or parts as declared to be invalid, illegal, or unconstitutional. SECTION VIII This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION IX That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION X The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this �_ day of , 1997. � By ! ... James D. Swartz, Mayor ATT�ST'� ��� " � � usan Shuler, C y Secretary Date Published in the Wylie News: ���� ��� THE WYLIE NEWS P.O. Box 369 Wylte, Texas 75098 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appea�ed Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn deposed and says that the forgoing attached CITy U� UIyL1� - OR�INANC� N� 97-8 , 1997 and ,1997. Ch d Engbrock � Subscribed and sworn to before me this the /� day of Q , 1997 to certify which witness my hand and seal of office. �.-+,..�_.�..;..-�-� , ;v p_. ^ , ; �.�.P MARGARET CQOK ��" ' ,�'� ,.�;.......,�� � �`� Notary Public Q` �,. , ��y� Stale of Texas � q,,m�� t �,+ r l �AyGomm. Exp. 09-24-97 //L ,,.,....,.' �t,� ( ����' Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since 1947 Page lU - Sactfon A- T7-� WYLIE NEWS - Wednesday,' April 16, 199'7 URDINANCE A10. 97-8 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ESTAB- LISHING MULTI-FAMILY RESI- DENTIAL DISTRICT DEVELOP- MEN'f STANDARDS; STATING A PURPOSE; PROVIDING DEVELOPMENTSTANDARDS; PROVIDING A PENALTY CLAUS�; AMENDING THE COMPREHENSIVE ZqNING ORDINANCE (ORDINANCE NO. 85-23A); REPEAI..ING ALL. CON- FLICfING ORDINANCES; GON- TAINING A SEVERABILITY CLAUSE; AND �tOVII?ING FOR AN EFFECTIVE DATE. CITY OF WYLIE Susan Shuler City Secretary 46-1t-339