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Ordinance 1987-03 OHD I NANCE NO. __"..8.:""~"_3 AN OHDINANCE ESTABLISHING DEVELOPMENT PERFORMANCE STANDARDS FOR MULTI-STORY MULTI-UNIT STRUCTURES; PROVIDING DEFINITIONS; STATING THE PURPOSE; PROVIDING STANDARDS FOR DEVELOPMENT; PROVIDING AN PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THr:.iT: $~GIIQN_!~ This ordinance shall be known as the M~!ii= $iQr~_MY!ii=Unii_P~~~!QQm~ni_P~rfQrm~n~~_$i~n~~r~~ of the City of Wylie, Texas. $~GI!QN_g~ This ordinance shall apply to all multi-story multi-unit structures constructed after the effective date of this ordinance. $~GI!QN_~~ DEFINITIONS: The following words and phrases when used in this ordinance shall have the meanings respectively ascribed to them in this section: (a) Condominium Project-Condominium Project means a real estate condomimium project; a plan or project whereby four (4) or more apartments, rooms in existing or proposed buildings or structures are offered or proposed to be offered for sale. (b) Dwelling Unit-Shall be construed to mean one (1) room, or rooms within the same structure connected together, COl'"lst it ut i l'"11] a s~:?pal"'at e, independent housE?keep i l'"19 establishment including kitchen facilities for owner occupant or rental, or lease on a daily, weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure. (c) Density-The quanity or number or units per ground al"'E?a. (d) Bedroom Unit-Any room in a dwelling unit in which fixtures or furnishings are provided for sleeping. This shall not be interpreted to include a room in which furniture such as fold-down beds or convertible couches is provided on a permanent basis for regular accommodation or residents, temporary or otherwise. This shall include single rental rooms in a motel or hotel. (e) Multi-Story-A structure three (3) or more stories 1l'"1 h€':!ight. (f) Planned Unit Development-A development that complys with all provisions of the planned unit development section of the Comprehensive Zoning Ordinance of the City of Wyl ie. (g) Fire Protection-Residential t1re protection as described in National Fire Protection Association Publication 13-D. (h) Motel-Hotel-Any establishment whose primary function is to provide a bedroom unit for patrons on a t empot'at'y basi s. (i) Open-Space-Open land area reserved in perpetuity and maintained in accordance with City Ordinances. The term "DpE'!n SpacE~" a~:" 1."1~5ec:l in thi!::; ot'c:Iinanc€-? dOF~s l'"IOt irlcludE? vehicular parking areas or adjacent roadways. Swimming Pools, tennis courts and other areas designed and designated f:Ur-' pf.?c:le~::::t: t' i al'"l act i v i t Y can bE~ cons; i c1€-?t"'ed 1/ Op€-?"i'"1 !;.:;pace 1/. $~GIIQN_~~ PURPOSE-The construction of multi-story, multi- unit structures for full time or temporary living accommoclations can result in increased density, greater ti"'affic volume, 10~::;~5 of: opE:~"n space and ~5evet'ely tax public services provided by the city. Guiding c:Ievelopment to abide by public standarc:ls established by the City of Wylie ensures the protection of the general public health, welfare, and safety and encourages the orderly c:Ievelopment of the City as a whole. $~GI!QN_~~ STANDARDS FOR DEVELOPMENT-All multi-story, multi-family, motel-hotel structures constructed after the effective c:Iate of this ordinance shall meet the following performance stanc:lards: (a) Provide parking spaces, a minimum of nine (9) fef.?t t-Jide by E'i!]htE?en (18) ff?et lonq, in pt'OPOt't ion to the number of bedroom units contained in the total development, i:\S follows: (i) A minimum of 1.5 spaces for the first bedroom unit contained in each dwelling unit, and !:;pace unit, fot" alrld the (ii) A mimirnurfl ()f one (1) additil'"lal second bec:lroom unit contained in each dwelling (iii) A minimum of one half (.5) adc:litional space for each bedroom in dwelling unit that contains three (3) or more bedroom units with a maximum of three (3) parking spaces required for any dwelling unit. (b) Provide a maximum of 28 c1welling units or 70 bedroom units per acre on the property of the proposed d ~'?VE~ 1 0 pnH:"?lrlt . (c) The minimum dwelling unit shall be 900 square "f e~"':!t . (c:I) All construction of multi-story multi-family condominiums shall be in an area zoned planned unit d ev€~ 1 0 pment . (e) Protective covenants shall be filed with the request for planned unit c:Ievelopment zoning. (f) Set Back Requirements-Any structure up to and incluc:ling four (4) stories in height must provide a minimum total side yard of forty feet (40'). Minimum required side yard on one sicle of the structure is twenty feet (20'). Any structure above four (4) stories up to and including 8 stories in height must provicle a minimum total side yard of eighty feet (80'). Minimum required side yard on one side of the structure is forty feet (40'). Any stucture beyond 8 stories in height shall provide an additional 5 feet of side yard for each 2 stories in excess of a !;:;toy""i€-?s.. (g) Open-Space-Provide and maintain in accordance with city ordinances specifiecl herin minimum of forty percent (40%) of the property in the development as reservecl OP€-?l'"1 Spc\CE? (h) An mul1t-story multi-unit structure shall be fire protected as per National Fire Protection Association Publication 13-D. $~GI!QN_~~ 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 Law. $~GI!QN_Z~ SEVERABILITY-It is hereby declared to be the intention of the City Council that the sect10ns, 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 invalicl by any judgement or decree of a court of competent .juriscliction, 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. $~GI!QN_~~ PUBLICATION-The caption of this ordinance shall be published one time in a newspaper of general distribution in the City of Wylie. $~GI!QN_~~ EFFECTIVE DATE-This ordinance shall become effective upon its publication in a newspaper of general ci'r'culat ion. PASSLE A~m (-)PPF~DVFD BY THE CITY CDUNCIL O~~""_~YLIE, TFX~=1S THIF:l T"HC 12 I-.h Dr:.Vt' OF__",:-fl /1 n /> /J / /r:TB7 : - .v_ ..u..... V .\6JZ~~ ~ ~:~-~_..__.._---_._.__.. CFi"uck 'fj-" i mb I e, Mdyot., n' r T E t:; T : ~\\\\\\\\"\IF\II"""'""," ~ () ~~ 0 W~~ ...--. .~a:z.r'---'-" _V/m~._____.._...-f~ ('<\ .aroly~ ones ~T~ecretary i ; . = I , ; "i S ~ ~ ~ r_ ~ ~ J.t; ~J ~ , YL IE \~i- ~~~ '11111"ltll/lllil\ll\\\\\\\\\~ THE WYLIE NEWS P. O. BOX "8 WYLIE, TUAI 7"* STATE OF TEXAS J.. COUNTY OF COLLIN Q b~rore me, the undersigned authority, on this day personally appeared Scott Dorsey, of the Wylie News, a newspaper j't'gul::ir'ly published in Collin County, Texas and having general circulat.ion 1n Collin County, Texas who being by me duly sworn deposed and says t~at the forgoing attached Ordinance No. 87 - 3 was published in said newspaper on the following dates to wit: .T81'l1l8Y'Y 21 , 1987 and , '1987 . Subscribed and sworn to before me this the day of j.-dr )tJ'-fJ~ ,3d , 1987 to certify which witness my hand and seal of office. M~~~ (J~ Notary Public in and for the State of Texas My Commission expires 9-12-89 Bertling Wideawale Wylie Since 1941 ()HDINANCE ,,~(). ~I-:; ^ "~ () It }) J N :\ N (' E F S T,i\ B LIS II I i'~ Ii I)EVEI,()!)!\lENT I)EHH)H- M .\ N C F S T ,\ ~ I ) ;\ H I l S F()H \lIJLTI-STOHY \1Iil:I"I-1T~j!T STHlj('- T1JHLS: PH()VII)!,\(; J lEFI~" IT\< lNS: :--;'\',\'1'1 :\(; T 11 I,: P 1 i J{ P (I SF: 1 J I{ () V I j) I (~ ( ; S '1'\ "'J I> .\ H j) S F ( ) H D E V J-' L ( ) I' \1 E '\.~ T : PIH)VIUIN('; ,\N jlE~\L- TY C 1.\ lJ Sf-:; P I{O VI!) I \i (; A S EVE IL\ BIl.l T Y f ... 'I ... 1 T , , t., Tn" I" .- " ... , ,. ,.- '" 1" '"' . ~ . FOIL PUBLf(';\TION !\ND PHOV I D J 1\J(; ;\ T\ I'~ FFEe TIVE 1).\'1'1< B E IT ( ) H I ).\ I >-: F D IS Y T I j 1< CITY (,()U\~CJL OF '1'111< CITY (IF \\-Y LI F. TFX :\:--;, 'I'll \'1' P.\SSI~~I) \\U .\PPI{()\'j':I) H Y T] IF: (" I T Y C () \ >; elL UF \\' Y 1.11<. TI< X,\S '1'11 I S ITrH 1>.\Y OF .Ji\f'dij\HY. 1 ~)81 ('huck 'I'rirnhll'. '\1;1\ or ATTEST: Carolyn .lolH's. Ci ty Secrdary