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04-08-1997 (City Council) Agenda Packet AGENDA WYLIE CITY COUNCIL Wylie Municipal Complex April 8, 1997 7:00 p.m. CALL TO ORDER INVOCATION - Rev. David Eden PLEDGE OF ALLEGIANCE PROCLAMATIONS Designating April 21, 1997 as"Grand Opening Day for the Renovated Rita &Truett Smith Library Designating the Third Week in April as "National Library Week" Designating April 6-12, 1997 as "Boys and Girls Club Week" CONSENT AGENDA 1. Consider Approval of Minutes for March 25, 1997 2. Consider Amending Section 18-1 of the Wylie Code of Ordinances to Reflect Correct and Enforceable Definitions of"At Large", "Livestock", "Owner", "Public Nuisance" and "Wild Animal" ACTION ITEM 3. Discuss and Consider Approval of a Preliminary Plat submitted by Goff Homes for a 73 Acre, 65 Lot Residential Development Designated as Stoneridge Farms, Located at the Junction of Stone Road and FM 544 South of Quail Hollow Subdivision 4. Hold Public Hearing and Consider an Ordinance Establishing Multi-Family Residential District Regulations; Replacing Current Multi-Family Residential District Regulations (Section 14, Wylie Zoning Ordinance); Stating the Purpose and Providing Standards for Development STAFF REPORTS CITIZEN PARTICIPATION EXECUTIVE SESSION 5. Hold Executive Session Under Sections 551.071 Consultation with Attorney; 551.072 Deliberations about Real Property; and 551.075 Conference With Employees To Receive Information and Question Employees Regarding Pending Litigation, City of Parker v. City of Wylie, Cause No. 219.458.96, District Court of Collin County, Texas 219 Judicial District 6. Hold Executive Session Under Section 551.071 Consultation with Attorney on a matter in which the duty of the attorney of the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with the Texas Public Information Act- Disannexation - Easterling Tract RECONVENE INTO OPEN MEETING 7. Take Any Necessary Action as a Result of the Executive Session ADJOURNMENT Posted on this the 4th day of April, 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 CITY SECRETARY'S OFFICE AT 442-8100 OR TDD 442-8170 WYLIE CITY COUNCIL rt-?11'1 CONSENT AGENDA ITEM NO 1 April 8, 1997 Consider Approval of the Minutes for March 25, 1997. Consent Agenda Item No 1 Page 1 Minutes of the Wylie City Council March 25, 1997 CALL TO ORDER Mayor Jim Swartz called the Special Called City Council Meeting to order, March 25, 1997 at 7:00 p.m. with the following Councilmembers present: Wanda Sparks, Cleo Adams, Joel Scott, Reta Allen, John Mondy and J. C. Worley. Staff members present were: Mike Collins, City Manager, Mindy Manson, Assistant to the City Manager, Susan Shuler, City Secretary, Mike Phillips, Director of Community Development, Brady Snellgrove, Finance Director, Bill Nelson, Parks and Recreation Superintendent and Kelley Shaw, City Planner. CONSENT AGENDA 1) Consider Approval of Minutes for March 11, 1997 2) Consider Approval of Work Order No. WYL-19 Authorizing the Hogan Corporation to Proceed with the Paving and Drainage Improvements Along Kreymer Lane 3) Consider Approval of Work Order No. WYL-20 Authorizing the Hogan Corporation to Proceed with the Paving and Drainage Improvements Along Cottonbelt Avenue 4) Consider Approval of Work Order No. WYL-21 Authorizing the Hogan Corporation to Proceed with the Paving and Drainage Improvements Along Alley Between Briarwood and Dogwood Streets and Alley Between Dogwood Street and Woodhollow Lane 5) Consider Approval of an Ordinance Adopting a New Code of Ordinances for the City of Wylie Published by Municipal Code Corporation ORDINANCE NO. 97-5 ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF WYLIE, TEXAS; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE. Minutes of the Wylie City Council, March 25 1997, Page 1 6) Consider Approval of an Ordinance Declaring the Unopposed Candidates for the May 3, 1997 Municipal Election as Elected to Office and Canceling the May 3, 1997 Municipal Election ORDINANCE NO.97-6 CANCELING THE ELECTION SCHEDULED TO BE HELD MAY 3, 1997,FOR THE PURPOSE OF ELECTING THREE (3) MEMBERS,(PLACE NOS. 1, 3 AND 5),TO THE CITY COUNCIL;DECLARING EACH UNOPPOSED CANDIDATE ELECTED TO OFFICE; ORDERING THE POSTING OF THIS ORDINANCE AT CITY HALL AND AT THE POLLING PLACES ON ELECTION DAY; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE Mondy asked that Item 2 be pulled from the Consent Agenda. Adams made the motion to approve the Consent Agenda Items 1,3,4,5,and 6 and Scott seconded the motion. The motion was voted on and approved unanimously. ACTION ITEMS Approval of Work Order No. WYL-19 Authorizing the Hogan Corporation to Proceed with the Paving and Drainage Improvements Along Kreymer Lane Mondy asked if the $35,750 for the engineering costs, advertizing and general review of construction would also cover any design costs for the Wylie Ranch East Estates drainage and paving costs. Collins stated the purpose of the Work Order would allow for the engineering design work to be completed in order to issue as alternate bids to the Kreymer Lane Bond Program. Collins stated this would allow the engineering design to be completed on the drainage and sewer projects on Donna and Callie and when the contractors let their bids this area could also be included. He said this would also include Donna and Callie. He said what this is not doing is committing the City to the cost of the drainage and sewer improvements to the Donna and Callie Lane but allowing for the study on these streets. Mondy made the motion to approve the Work Order No. WYL-19 authorizing the Hogan Corporation to proceed with the Paving and Drainage Improvements along Kreymer Lane. Allen seconded the motion. The motion was voted on and passed unanimously. Acceptance of the Comprehensive Annual Financial Report for Fiscal Year 1995- 1996 Dale Snider with Pattillo, Brown and Hill gave an overview of the Audit Report. He stated that the audit was made for the purpose of forming an opinion on the general purpose financial statements taken as a whole and that the audit was conducted in accordance with generally accepted auditing standards. He also stated that there were no instances where the City did not comply. Snider also stated that on pages 24 and 25 was the report on the Wylie Economic Development Corporation. Mondy had several questions about the CAFR on pages 12, 26, 28, 29, 43, 47, 64, Minutes of the Wylie City Council, March 25 1997, Page 2 65, 137 and 156 and Snellgrove answered the questions to Mr. Mondy's satisfaction. Scott made the motion to accept the Comprehensive Annual Financial Report for Fiscal Year 1995-1996. Allen seconded the motion. The motion was voted on and approved unanimously. Approval of a Resolution the Week of April 5 through April 13, 1997 as Clean Up Green Up Week and Declare April 5 as Clean Up Green Up Day Nelson gave an overview of the Clean Up Green Up Week. He stated that the dumpsters will be set up at Community Park from Saturday, April 5 to Sunday, April 13, 1997 for citizens to bring, free of charge, their trash and tire recyclables. He also stated that a free pick up service would be provided for Senior Citizens and Physically Challenged Citizens. Nelson said that on Saturday, April 5 volunteers will gather to pick up trash on area streets and highways. He said that food, music and prizes will be available for the volunteers. He said the Keep Wylie Beautiful Board will place lottery scratch off tickets in plastic bags and place in them in the clean up areas. Scott made the motion to approve a resolution designating the week of April 5, 1997 as Clean Up and Green Up Week. RESOLUTION NO.97-5 DESIGNATING THE WEEK OF APRIL 5, 1997 AS CLEAN UP GREEN UP WEEK Approval of a Resolution for the Participation in a Coalition of Cities for a Cable Rate Study and Authorize the City Manager to Enter into an Agreement with the Coalition Manson gave an overview of the Coalition and the reasons behind forming the Coalition. She stated that several cities in the metroplex have come together to form a coalition in order to hire C2 Consulting Services to evaluate the rate structure of TCI Cablevision. She said those cities in the coalition include: Bedford, Cedar Hill, Colleyville, DeSoto and Flower Mound. Manson stated that the scope of services by the consultant include: an assessment of the completeness of the filings submitted to the member cities; an assessment of the operator's determination of costs; an assessment of the operator's application of the various FCC instructions, tables and formula; an assessment of the operator's compliance with various FCC rulings related to the provision of basic service and installation and equipment related activities; and an assessment of the reasonableness of any estimation or allocation methodologies employed by TCI to determine the costs to be recovered within each of the Cities' franchise areas. Swartz asked if the consultant will check the rate per our dollar for the stations that are received? Manson stated that a list of channels are provided and they will do a comparison. Adams asked when the TCI contract expires? Manson stated there was about 17 years left on the contract. Scott made the motion to approve a resolution fo the participation in a Coalition of Minutes of the Wylie City Council, March 25 1997, Page 3 Cities for a Cable Rate Study and authorize the City Manager to enter into an agreement with the coalition not to exceed $1,000. Worley seconded the motion. The motion was voted on and was approved unanimously. RESOLUTION NO. 97-4 AUTHORIZING THE PARTICIPATION OF THE CITY OF WYLIE IN A COALITION WITH OTHER SERVICE AREA CITIES OF TCI CABLE FOR THE PURPOSE OF RATE REGULATION AND OTHER SERVICE MATTERS CONCERNING TCI CABLE TELEVISION; AUTHORIZING THE EXECUTION OF THE COALITION PARTICIPATION AGREEMENT; AUTHORIZING THE COALITION'S SERVICE AREA CITIES TO RETAIN A CONSULTANT TO INITIATE A RATE REVIEW OF TCI CABLE. Public Hearing and Consider an Ordinance Approving the Zone Change Request from Jan Morgan for Approval of a Zone Change from "MF" Multi-Family to "2-F" Residential District located at 102 S. Fourth Street, Lot 1, Block 22 of the Railroad Addition Shaw stated that David and Jan Morgan were requesting that the property's zoning classification be changed from "MF" Multi-Family to "2F" Two Family Residential District. He stated that the property had been condemned and the previous structure was demolished. He said the Morgan's had recently purchased the property. Shaw said that the proper notification had been sent to property owners within 200 feet of the property. He said four favorable responses had been received. He also stated that the Morgan's had received a variance from the Zoning Board of Adjustments due to the lot size requirement being 80' and this lot size was 60'. Mayor Swartz opened the public hearing to those in favor of the zone change request. David Morgan, 306 Dogwood Ct. - He stated they were requesting the zone change for a duplex. He said that one unit would be about 1100 square fee and the other unit would be about 1200 square feet. With no other comment, Mayor Swartz closed the public hearing to those in favor of the zone change request. Mayor Swartz opened the public hearing to those opposed to the zone change request. With no opposition, the public hearing was closed. Allen made the motion to approval an ordinance approving the zone change request from Jan Morgan for approval of the zone change from "MF" to "2F" located at 102 S. Fourth Street. Adams seconded the motion. The motion was voted on and approved unanimously. ORDINANCE NO.97-7 AMENDING THE ZONING CLASSIFICATION OF LOT 1, BLOCK 22 IN THE RAILROAD ADDITION, IN THE CITY OF WYLIE, COLLIN COUNTY,TEXAS, GENERALLY LOCATED AT 102 S. FOURTH STREET, FROM "MF" MULTI-FAMILY DISTRICT TO "2F" TWO FAMILY RESIDENTIAL DISTRICT; AMENDING THE COMPREHENSIVE ZONING ORDINANCE (ORDINANCE NO. 85-23A); AMENDING THE ZONING DISTRICT MAP(ORDINANCE 91-12,ORDINANCE 91-13); AND REPEALING ALL Minutes of the Wylie City Council,March 25 1997, Page 4 CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE E DATE Public Hearing and Consider an Ordinance Approving the Zone Change Request from Richard Parker for Approval of a Zone Change from "A" Agriculture to "MF" Multi Family 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 Shaw gave an overview of the zone change request made by Richard Parker to zone the property from agriculture to multi-family. He stated that the Comprehensive Plan is designed to provide direction in regards to this type of major development issue. He also said that the Comprehensive Plan's purpose is to provide a general blueprint for future growth and development of Wylie. He also stated that there was a bare boned traffic study done on the area. Shaw said that the Planning and Zoning Commission met on February 17, 1997 the Planning and Zoning Commission met to consider this item and the vote was a tie. The Planning and Zoning tabled the item until March 3, 1997. He said the Planning and Zoning Commission then met again on March 3, 1997 to reconsider the issue, again with the vote ending in a tie. He said Mr. Parker stated that he would prefer to get the matter before Council and to remedy the split vote, he requested they deny the request. Shaw said the new vote was taken a the request was denied by a unanimous vote of 6-0. He also explained that due to the denial by P&Z, a three-fourths majority vote by the City Council shall be required for approval. Mayor Swartz opened the public hearing to those in favor of the zone change. Richard Parker - He gave an overview of the project that he has planned. He is proposing to build about 160 units on 12 acres of property. He plans to build 40 units at a time until the 160 units are built out. He said the property is buffered by a 250' strip owned by Texas Utilities. He said his property is not adjacent to any city property and the buffer zone would be for the residential section to the South. Parker stated that the new standards for the multi family will be very strict and that these apartments will be built to those standards. He stated that he had prepared a financial statement for the City to indicate what the property will be worth with the apartments on the property. He stated that this area would be a gated community. He also stated that the apartments would rent for about $700 for a two bedroom. Rita Smith, 401 N. Ballard - She is in favor of this zone change. She also stated that she would like to one day have a nice place to live without the upkeep. She said that the traffic is a fact of life. Smith said to stop this project would stifle the growth. Mayor closed the public hearing for those in favor and opened the public hearing for those opposed. Mary Shaddux, 109 Fairmount - She is opposed to this development. She said the traffic study was done in February and that the lake traffic was not taken in to consideration. She also stated that the schools are overcrowded. She said crime will Minutes of the Wylie City Council, March 25 1997, Page 5 come to even a gated community. Lynn Tuggle, 103 Fairmount - She is concerned about the traffic and the impact of the road. She said she does not want to see apartments in her neighborhood. Glen Townsend, 403 N. Winding Oaks - Opposes the change because it would cause Akin Elementary to be over crowded. She stated that the Code Enforcement Officer if the apartments fall below code they will issue a ticket to comply and to tie this up in court would take about one year. He said Akin Elementary is at 83% capacity and he is concerned that Parker Road will be overcrowded. David Shaddux, 109 Fairmount - He stated that traffic is a problem and that the lake traffic was not taken into consideration during the traffic study. Tim Bagley, 430 Kamber Lane - He opposes the zone change. He said the property backs up to the back of his property. He stated that this would change the value of this property. Emily Segars, 103 Fairmount - She said she was 15 years old and she is concerned about the traffic and does not want her friends to get hit. She also heard a convenience store would be nearby and crime would happen. She is a concerned about the school crowding. She is also concerned about the entrances to Wylie and wants the corridor to be pretty. Mary Townsend Scheinoist, 560 Parker - She said the road is dangerous and is afraid kids will ride bicycles around the traffic. She would like to have figured what taxes for single family would bring to the City. Mark Miller, 602 Graham Ct. - He said that he is concerned about the sewer drainage problems and wants to know what apartments would do to add to the problems. He said he has been asking for Jack Jones to look at this drainage problem for about one year. William Downs, 601 Parker - He stated that the traffic engineer had never been at the location. He said he talked with the traffic engineer. He also stated that Parker Road is 24' and the standard street is 50'. He said the traffic study was not worth the paper it was written on. Mr. Downs stated that the Comprehensive Development Plan was a thoughtful well thought plan and that the plan was for single family. He said multi-family should be located along collector streets. He said that this zone change is contrary to the Comprehensive Plan. Donna Ellenburg - Mayor read her statement. She is concerned about her son being in a portable building and wants to know what the are going to do if they add more children in the area. Minutes of the Wylie City Council, March 25 1997, Page 6 Pat Meeks, 118 Fairmount - She does not want any more traffic. She was first in her subdivision. She thinks apartments would be okay the first five years but after that time it would become a problem. She also stated that the more people you put into a space, the more chances for crime. With no other opposition, the public hearing was closed. Mayor Swartz asked Mr. Parker how many houses he has built in that area? Mr. Parker replied that he built quite a few. Mondy made the motion to deny the zone change request. Adams seconded the motion. The vote was taken and recorded as follows: Adams - yes Worley - no Sparks - yes Mondy - yes Allen - no Scott - no Swartz - no Mondy wanted it pointed out that even though the motion to deny was not carried, a vote of 6-1 was required to approve the zone change request. Approval of Work Order No. WYL-19 Authorizing the Hogan Corporation to Proceed with the Paving and Drainage Improvements Along Kreymer Lane Mondy asked if the $35,750 for the engineering costs, advertizing and general review of construction would also cover any design costs for the Wylie Ranch East Estates drainage and paving costs. Collins stated Mondy made the motion to approve the Work Order No. WYL-19 authorizing the Hogan Corporation to proceed with the Paving and Drainage Improvements along Kreymer Lane. Allen seconded the motion. The motion was voted on and passed unanimously. STAFF REPORTS Collins stated that the City will hold an Informative Meeting the third Thursday of each month to inform the Citizens of Wylie on updates on the progress of the Kansas City Minutes of the Wylie City Council, March 25 1997, Page 7 Southern Railroad. Collins praised Snellgrove and his staff on the Comprehensive Annual Financial Report. CITIZEN PARTICIPATION There was no citizen participation. ADJOURNMENT As there was no further business to come before Council for consideration, the meeting was adjourned. Jim Swartz, Mayor Susan Shuler, City Secretary Minutes of the Wylie City Council, March 25 1997, Page 8 WYLIE CITY COUNCIL CONSENT AGENDA COMMUNICATION ITEM NO 2 April 8, 1997 Issue Consider Amending Section 18-1 of the City of Wylie Code of Ordinances to reflect correct and enforceable definitions of "Atlarge", "Livestock", "Owner", "Psiblic__luisance", and "Wild Animal". Background In the review of the Animal Control section of the Code of Ordinances, several definitions were found to be lacking in their scope, the ability to enforce them fully, and their defend ability. These definitions were researched and minor corrections were made to them so that they more fully covered the areas involved. Below are listed the existing definitions and the proposed new definitions: New: At Large - not under the control of the owner or another person authorized by the owner to care for the animal by leash, cord, chain, rope or secure fence. Old: At_1arge - Off the premises of the owner and not under the control of the owner or another person authorized by the owner to care for the animal by leash, cord, chain or rope. New: Livestock -All domesticated animals including, but not limited to cattle, equine, fowl, goats, sheep and swine. Old: Livestock - means a horse, stallion, mare, gelding, filly, colt, mule, jenny, jack, jennet, hog, sheep, goat or a head of any species of cattle. New: Owner -any person, partnership, corporation or business entity owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more. Old: Owner - means any person, partnership or corporation owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more. Consent Agenda Item No 2 Page 1 Background -continued New: Public Nuisance - any animal which annoys or disturbs passersby or passing vehicles, attacks other animals, trespasses on school grounds, defecates/urinates on public or private property, roams at large, damages public or private property, barks, whines, meows or howls in an excessive, continuous or untimely fashion. Old: Public Nuisance - means any animal which molests passersby or passing vehicles, attacks other animals, trespasses on school grounds, roams at large, damages public or private property, barks, whines, meows or howls in an excessive, continuous or untimely fashion. New: Wild Animal - any animal which can be found in the wild state, including, but not limited to, bears, ferrets, foxes, leopards, lions, lynxes, monkeys (nonhuman primate), panthers, raccoons, reptiles, skunks, snakes, (poisonous and non- poisonous), tigers, and wolves or wolf-crosses. Old: Wild Animal - means any live monkey (nonhuman primate), raccoon, skunk, ferret, fox, wolf, bear, leopard, panther, tiger, lion, lynx, or any other animal which can be normally found in the wild state, including poisonous snakes, boa constrictors, alligators, crocodiles, and other reptiles. Board Recommendations N/A Financial Considerations N/A Legal Considerations City Attorney has reviewed the definitions and found them to be proper and acceptable. State Law allows for Home Rule Jurisdictions to adopt ordinances to protect the citizens and serve the public good. Consent Agenda Item No 2 Page 2 Staff Recommendations Staff recommends adopting this Ordinance to improve the ability of the Animal Control Department to enforce the existing Ordinances. Attachments Ordinance. Prepared by Revi d by Financ City Ma ger Approval Consent Agenda Item No 2 Page 3 ORDINANCE NO. 97- AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING SECTION 18.1 OF CHAPTER 18 OF THE WYLIE CITY CODE BY CHANGING THE DEFINITIONS OF "AT LARGE", "LIVESTOCK", "OWNER", "PUBLIC NUISANCE"AND"WILD ANIMALS" AS THEREIN DEFINED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A PENALTY CLAUSE; CONTAINING A SEVERABILITY CLAUSE;PROVIDING FOR THE PUBLICATION OF CAPTION HEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie finds that Section 18.1- Definitions, Chapter 18, of the Wylie Code of Ordinances, does not sufficiently define"at large", "livestock", "owner", "public nuisance"and"wild animals"; and WHEREAS, the City Council finds that amendments to these provision are needed to ensure the safety and welfare of the citizens of Wylie. NOW, THEREFORE, BE IT ORDAINED by the City Council of Wylie, Texas, that: SECTION I Section 18.1, Chapter 18, be amended to change the following definitions: At Large - not under the control of the owner or another person authorized by the owner to care for the animal by leash, cord, chain, rope or secure fence. Livestock - All domesticated animals including, but not limited to, cattle, equine, fowl, goats, sheep and swine. Owner-any person, partnership, corporation or business entity owning, keeping or harboring one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three(3) consecutive days or more. Public Nuisance -any animal which annoys or disturbs passersby or passing vehicles, attacks other animals, trespasses on school grounds, defecates/urinates on public or private property, roams at large, damages public or private property, barks, whines, meows or howls in an excessive, continuous or untimely fashion. Wild Animal - any animal which can be found in the wild state, including, but not limited to,bears,ferrets,foxes, leopards, lions, lynxes, monkeys (nonhuman primate), panthers, raccoons,reptiles, skunks, snakes, (poisonous and non-poisonous), tigers, and wolves or wolf-crosses. SECTION II 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 the Wylie City Code as set forth in Section 18.1 thereof, as the same now exists or is hereafter amended. SECTION III 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 IV 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 V 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 VI 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 Jim Swartz, Mayor ATTEST: Susan Shuler, City Secretary Date Newspaper Notified: WYLIE CITY COUNCIL ACTION AGENDA COMMUNICATION ITEM NO 3 April 8, 1997 lss-ue Discuss and Consider approval of a Preliminary Plat submitted by Goff Homes for a 73 acre, 65 lot residential development designated as Stoneridge Farms located at the junction of Stone Road and FM 544 just south of Quail Hollow subdivision. Background Per the City of Wylie's Subdivision Regulations, an owner or developer must follow certain procedures when subdividing for development of any lot, tract or parcel of land within the Wylie City Limits (or within its jurisdiction). These procedures involve the approval by the Planning and Zoning Commission (P&Z) and City Council of a Land Study, Preliminary Plat and Final Plat respectively. Goff Homes has submitted and received approval of the Land Study. They are now submitting for approval the Stoneridge Farms Preliminary Plat. The purpose of the Preliminary Plat is to provide sufficient information to allow the City staff to review a general plan for the development of a property and make recommendations. The Preliminary Plat is a general plan which shows the location of the proposed development, arrangement of streets, alleys and lots, existing municipal facilities (water, sewer) and other important features. The Preliminary Plat must conform to the Comprehensive Land Use Plan and development ordinances of the City. The Community Development Department must determine that all necessary information has been submitted and recommend approval before the Preliminary Plat is considered for approval by the P&Z Commission. After P&Z approval it will then go before the City Council for their approval. Approval of the Preliminary Plat by the P&Z and City Council constitutes authorization by the City for the developer to submit application for approval of a Final Plat subject to compliance with any conditions attached to the approval of the Preliminary Plat. This property is located at the junction of Stone Road and FM 544 just south of Quail Hollow subdivision and is zoned SF-1. The subdivision will be an estate type development with large lots. Action Agenda Item No 3 Page 1 Board_Recommendations Staff will inform Council of P&Z action before consideration of this item. Financial Considerations All Preliminary Plats are subject to Preliminary Plat filing fees. This fee is $125.00 plus $2.00 per lot or $5.00 per acre in the subdivision (whichever is greater). Once approved, the platting procedure allows for the Final Plat to be subject to Final Plat filing fees, Impact Fees, Developmental Inspection Fees, Perimeter Street Fees, Park Land Dedication Fees, and miscellaneous related fees pertaining to that subdivision. All of these fees must be paid prior to filing the Plat with the County. Legal Considerations Per the adopted Wylie Subdivision Regulations, the Planning and Zoning Commission of the City of Wylie is vested with the authority to review, approve, conditionally approve and disapprove applications for the platting or subdivision of land, including land studies, conveyance plats, preliminary plats, final plats, amended plats, replats and vacation of plats. The P&Z may grant variances from these regulations. All major subdivisions shall be subject to final approval by the City Council. Staff Recommendation Staff recommends approval of the Stoneridge Farms Preliminary Plat as submitted by Goff Homes. This proposed development meets the criteria set forth by the Comprehensive Land Use Plan in regards to the location and type of residential development. The general layout (streets, lots and utilities) meets development standards as set forth by applicable ordinances. Staff has had numerous discussions with Goff Homes representatives and is satisfied that all preliminary plat requirements have been met. Staff recommends approval of the Stoneridge Farms Preliminary Plat submitted by Goff Homes so that Goff Homes may proceed with Final Plat application procedures. Goff Homes has submitted for P&Z approval a variance request relieving them from the requirement of constructing sidewalks on both sides of the streets within the development. Per Section 5.05 of the Wylie Subdivision Regulations, sidewalks are required for all lots adjoining dedicated streets and are required on both sides of said streets. Goff Homes is requesting a variance from this requirement citing that with the nature of the large lot development, sidewalks would be detrimental to the overall nature and the "country" feel of this large lot development. Action Agenda Item No 3 Page 2 StaffRecommenndation -continued Staff recommends denial of the requested variance. The location of this development so close to school and park property will inevitably create pedestrian traffic. Staff recommends that sidewalks be constructed so as to give pedestrian traffic a place to walk other than the street. Attachments Preliminary Plat Application Location Map Area Zoning Map Preliminary Plat Prepared y Rev. ed by Finan e City M ager Approval Action Agenda Item No 3 Page 3 • Page g of 3 City of Wylie (1/95) APPLICATION AND PRELIMINARY PLAT CHECKLIST Date Or Name of Proposed Development (54,ie w;a/ c Name of Property Owner/Developer 5-4 e r�� r r4,, s C .!', Address P°. GX S10 GB / Z4//us 's33-¢- Phone 972- 626-o24/ Owner of Record c.,� f,-d e /I' e Address )/1/�/.e 7X Phone Name of Land Planner Do v� Ap•a,le c' / so c ,'Q�es Surveyor/Engineer d Address 2 /.33 2;‘,./7e %Ile zoa At // Phone ? 7e - 77/- 9bo5- Total Acreage 73 /me.1 Current Zoning Number of Lots/Units �S Signed • G� The Preliminary Plat shall be drawn legibly in ink ona Mylar sheet not exceeding 24"x 36", showing all data on a scale not to exceed 1"= 100'with a graphic scale provided. Three sets of blueline prints shall be submitted along with a copy of the boundary traverse calculations of the subdivision. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Preliminary Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Provided or Not Shown on Plat Applicable 1. The boundary line (accurate in scale and orientation) of the tract to be subdivided. • Page 2 of 3 2. The location, widths and names of all existing or platted streets or other public ways within and adjacent to the tract, existing permanent buildings, railroads, rights-of-way and other important features, such as abstract lines, political subdivision or corporation lines and school district boundaries. 3. Existing sewer mains, water mains, drainage culverts or other underground structures and utilities within the tract and immediately adjacent thereto with pipe sizes, grades and locations indicated. 4. Contours with intervals of two feet (2') or less, referred to mean seal level datum, by actual field survey. 2— 5. The names of adjacent subdivisions and/or the names of record owners of adjoining parcels of unsubdivided land. 6. The proposed name of the subdivision. 7. North arrow, scale, date and approximate acreage of the proposed subdivision. 8. The names, addresses and telephone numbers of the subdivider and of the engineer, surveyor or planner, responsible for preparation of the plat. 9. The tract designation, zoning classification and other description according to the real estate records of the City or proper county authority; also, designation of the proposed uses of land within the subdivision, including the number of lots of each classification. 10. All parcels of land intended to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purpose of conditions or limitation of such reservations. 11. The layout, names and widths of proposed streets, alleys and easements, such as drainage easements, access easements, electrical easements and maintenance easements. 12. Provision for the connection of streets with other streets adjacent to the subdivision and for extension of streets to undeveloped property. Also a Circulation Plan indicating how continuous ingress and egress from existing residences and for City Staff will be maintained. e • Page 3 of 3 13. The proposed base flood floodplain limits and elevations on a one-foot contour interval for all open channels. 14. A plan of the proposed water and sanitary sewer mains and proposed drainage facilities, including drainage areas, location of lines, inlets, culverts, bridges, provisions for discharging onto and crossing adjacent properties and calculated runoff and points of concentration. 15. A location map of the proposed subdivision on a scale of 1" = 1000' showing existing and proposed streets and thoroughfares covering an area at least one mile outside the proposed subdivision. 16. Typical cross-sections of proposed streets showing the width and cross slope of pavement, type of pavement and location, width and cross slope of sidewalks. Title Block shall indicate the date of the current submittal and the revision number. 17. A notice shall be placed on the face of each Preliminary Plat by the subdivider (see wording). 18. An approval block/certificate shall be placed on the face of each Preliminary Plat by the subdivider (see wording). Taken by: �-'' File No.: S - f Date: / �l -2 Fee: 7.3 a o 6-sio Receipt No.: • 6 . . , . • ' '\_1 : i . . . . . 1 i' ! ./11N---'' •i- i ! 1 !! .• ;I •: ,. ., . , . ; I 1 ,. . . .I . 1 \• I , 1 t i -7--; II . '• ! I . " • I I ,/ 1 i i ! :......, . • j 1! 1....i. ,...... 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City Llmita . , • I I -,,A, 1".77..--: 2 .4‘ & fUIT-LlI 84 - 73 , , n , I • }li n 87.- 58 J, I fil iii K 5 I , 5 24 6 3 �1 , ,, •48-7-1, 6 - I -. 1 1 i . r 87-58 I i1 --k.T1lTrl _ f_ -rli f nT � • E; . sr'- P5781 , , . tf) I WYLIE CITY COUNCIL t1/1 ACTION AGENDA COMMUNICATION ITEM NO 4 April 8, 1997 Issue Hold Public Hearing and Consider approval of an Ordinance establishing Multi-Family Residential District Regulations; replacing current Multi-Family Residential District Regulations (Sect. 14, Wylie Zoning Ordinance); stating the purpose and providing standards for development. Background A presentation addressing multi-family development was made during a joint meeting of the Planning and Zoning Commission (P&Z) and City Council in September of 1996. Topics that were discussed included the appropriateness of multi-family development in a community, guidelines for locations of multi-family developments and the quality of development standards applied to their construction. Discussions during the September meeting centered around the issue that communities need to be able to offer residents a variety of housing types and that Wylie's own Comprehensive Plan listed that very goal. The fact that apartment units currently existing in Wylie are virtually 100% occupied with extensive waiting lists was also stated. There was a general agreement between individuals attending the workshop that not only was multi-family development a community obligation, but this specific information indicated that there is an actual market for apartment style residential housing. It was noted that projects in and around the area such as the continuation of Loop 190, the widening of State Highway 78 and FM 544 will only increase the growth of Wylie. This growth can be expected to increase demand for rental property. City Council and P&Z members recognized that the demand for multi-family housing alternatives will create the opportunity for the market to produce multi-family development. Therefore, City Council and P&Z members proposed that a review of the current multi-family development standards was needed. City Council and P&Z members realize that there are quality multi-family developments in other cities. They recommended that a review of their multi-family development standards may help in determining if, and in what manner, Wylie's standards are lacking. The product of this review process would include proposed modifications where appropriate. Action Agenda Item No 4 Page 1 Background-continued City Council and P&Z members determined that this review would insure the quality of multi- family developments to be constructed. It would also assure the City of Wylie and its residents that higher density type developments would not only provide a needed type of housing alternative, but be a positive attribute of Wylie's quality of life and attractiveness. At this time staff is ready to present for consideration the proposed development standards. Board ecommendations Staff will inform Council of P&Z action before consideration of this item. Financial Considerations There are no financial considerations regarding this item. Legal_Considerations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, it states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendations Staff recommends approval of the proposed Multi-Family Development Standards which will affect the requirements of the following: • Density • Plan submittal • Height restrictions • Lot size • Open space • Lot coverage • Unit floor areas • Building setbacks • Landscaping After many hours of research and discussions with the Planning and Zoning Commission and City Council, staff is ready to present the proposed Multi-Family Development Standards for consideration of approval. These Regulations are designed to be strict but fair in regards to the construction of multi-family developments. Action Agenda Item No 4 Page 2 Staff Recommen ions-continued Staff believes that these standards will provide an effective mechanism to allow multi-family development and assure the Wylie community of a quality development project. Attachments Current Multi-Family Development Standards Proposed Multi-Family Development Standards Reference Material from other cities standards 1 r kw(Prepared by R wed by Fin nce City ager Approval Action Agenda Item No 4 Page 3 City of Wylie Existing Multi-Family Regulations Regulations and Requirements: Density: 15 DUA or 20 DUA for multi-story configuration Height: 35 feet maximum for any building Lot Size: 25,000 sq.ft. and/or 3,000 sq.ft. per DU not to exceed 15/20 DUA • *Open Space: 40% (excluding parking and roadways) Lot Coverage: 45% maximum DU Floor Area: 750 sq.ft. minimum Area Regulations: front yard depth- 25 ft. rear yard depth- 20 ft. (60 ft. from SF) side yard width- 8 ft. between buildings- 10 ft. with out windows 15 ft. with windows lot width- 80 ft. lot depth- 120 ft. Border fencing not less than 6 ft. when adjacent to any property line not abutting a public ROW landscaping Requirements: 5% of lot must be live landscaping 50% of which must be in front one 10 ft. tree or two trees with 2 inch diameter for each 1,000 sq.ft. of area required Off street parking: doesn't need to be addressed (in line with others) 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 MULTI-FAMILY REGULATIONS COMPARISON Wylie Wylie Plano Garland Grapevine Southiake (cXISTINO) (PROPOSED) ' Plan Review PLAT/SITE PLAT/SITE/LANDSCAPE PLAT/SITE/LANDSCAPE PLAT/SITE/LANDSCAPE PLAT/SITE/LANDSCAPE PLAT/SITE/LAN DS CAPE 28(DU/ACRE)OR 15(DU/ACRE) 12/18/21.5 (DU/ACRE) 18(DU/ACRE) 12/20(DU/ACRE) 12(DU/ACRE) Density 70 BEDROOMS/ACRE •25,000SQ.FT.OR 1 ACRE 8,400FT 8,000FT 2 ACRES 1 ACRE Min Lot Area 3,000sQ.Fr./DU Max Lot Coverage •45% 45% 45% 60% 50% 50% Min Lot Width •BOFT 100FT 7OFT 75FT 2OOFT N/A Min Lot Depth •12OFT 120FT 12OFT IOOFT 200FT N/A Setback/Front •25FT(SF-60) 3OFT(SF-60) 25FT(SF-60) 20Fr(SF-50) 3OFr(SF-40) 3OFT(SF-40) Setback/Rear •20Fr(SF-60) 25Fr(SF-60) 1 5FT(SF-60) 2OFT(SF-50) 25FT(SF-40) 2OFT(SF-40) Setback/Side 20rr(SF-60) 2OFr(SF-60) 15FT(SF-60) 2OFT(SF-50) 2OFT(SF-40) 15Fr(SF-40) 35FT/45FT MAX IF 10OFT Max Height 2 STORIES/35FT 3 STORIES/4OFT 3 STORIES/4OFT •3OFT 2 STORIES/35FT FROM SF EFFICIENCY 600SQ.FT EFFICIENCY 600 SQ.FT EFFICIENCY 500 SOFT 1 BED 75050.FT 1 BED 750 SQ.FT EFFICIENCY 500 SO.FT 1 BED 650 SQ.FT 2 BED 900 SQ.FT 1 BED 650 SQ.FT 2 BED 900 SQ.FT 850 SOFT MIN Min Floor Area 900SQ.FT MIN 2 BED 800 SQ.FT 3 BED 1,000 SOFT 15%ACCESSIBLE 3 BED 1,000 SQ.FT 2 BED 800 SQ.FT EACH ADD BED 150 5Q.FT EFFICIENCY& 1 BED 15% EACH ADD BED 200 SQ.FT EFFICIENCY& 1 BED EFFICIENCY 10%MAX 15%MAX MAX 30FT FACE/FACE 20FT SEPARATION 20FT SEPARATION 1 OFT WO/WINDOWS2OFT • Building Separation SOFT BACK/BACK, FACE/ENDFACE, 2OFT SOFT BACK/BACK, N/A ISFT W/WINDOWS FACE/FACE FRONT/FRONT 15FT CORNER/CORNER I . ' ! t 1.5-1 BEDROOM/ 1-EACH 2ND BEDROOM/ 2.5/UNIT(NONE IN FRONT) 2/UNIT 2/UNIT 2.5/UNIT 1/500FT OF DU AREA Parking .5-EACH ADD BEDROOM- • MAX OF 3 25%OF LOT (250 600 SQ.FT/ONE BEDROOM 25%(250 SQ.FT/DU Open Space 4O% SQ.FT/DU USABLE 300 SQ.FT/ADDITIONAL 25%OF SITE USABLE RECREATION 250 SQ.FT/DU (excluding paved,etc.) RECREATION AREA) BEDROOM AREA) 50%TOTAL FLOOR AREA ON ••Landscape/ 15%OF OPEN SPACE 2%OF PARKING AREA 15%OF TOTAL AREA 1ST FLOG R/75%IN FRONT $%OF LOT/50%IN FRONT 50%IN FRONT i OFT IF NEXT TO STREET (AROUND PERIMETER) Buffer Area AND SIDE •CITED FROM MF RECS.IN ZONING ORDINANCE •• LANDSCAPE/BUFFER REGULATIONS ARE VERY COMPLEX AND CAN BE COMPLICATED. EXAMPLES LISTED HERE REPRESENT ONLY THE VERY BASIC INTENT OF EACH CITY'S REGULATIONS. 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 measurement 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 ATTEST Susan Shuler, City Secretary Date Published in the Wylie News: