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HomeMy WebLinkAboutORD 74-68NO €� ORDINANCE NO. 7 4' 6(J ENTITLED AN ORDINANCE PROVIDING FOR THE AMEND- MENT OF THE CODE OF ORDINANCES BY ADDING THERETO A NEW SECTION 42-20.4 PROVIDING FOR A SPECIFIC USE ZONE PERMIT FOR CLUSTER HOUSING DEVELOPMENTS; PROVIDING A PURPOSE; PROVIDING DEFINITIONS; PRO- VIDING FOR USE REGULATIONS; PROVIDING FOR MINIMUM REQUIREMENTS; PROVIDING FOR THE AMENDMENT OF THE CODE OF ORDINANCES BY ADDING THERETO A NEW SECTION 42-20.5 PROVIDING FOR TWO -UNIT ATTACHED SINGLE FAMILY HOUSING DEVELOPMENTS; PROVIDING A PURPOSE; PROVIDING FOR USE REGULATIONS; PROVIDING FOR MINI- MUM REQUIREMENTS; PROVIDING FOR A GENERAL POLICY; PROVIDING A PENALTY; PROVIDING FOR SUIT TO ENJOIN; PROVIDING FOR SEVERABILITY; AND REPEALING ALL ORDINANCES IN CONFLICT HEREWITH. BE IT ORDAINED BY THE CITY OF BEAUMONT: Section 1. Chapter 42 of the Code of Ordinances of the City of Beaumont is hereby amended by adding thereto Section 42-20.4, to read as follows : Section 42-20.4. Cluster Housing Developments (a) Same - Purpose. The purpose of this Section is to allow, as an alternative to the conventional single-family resi- dential subdivision, the development of cluster housing in R-lA (single family residential) and R-1 (Single Family Dwelling) zoning districts, thereby encouraging the concentration of resi- dential units on a limited portion of land area within a develop- ment, together with the consolidation of remaining land areas into permanent common green space of increased effect. (b) Same - Definitions. As used in this Section the following terms shall have these meanings ascribed to them: (1) Cluster Housing. The concentration of attached or detached residential units on a limited portion of land area within a development, enabling the consolidation of the remaining land area into common greens and squares. (2) Net Area. -(also 11net land area"). The total area of building sites, private yards, permanent open area, and common recreational areas, but'not including publicly dedicated or pri- vate streets and alleys. (3) Common Green. That open space developed as common recreational area and designated for both the active and passive use and enjoyment of all the occupants of the development. Com- mon green may include both paved and unpaved recreational areas. Streets, alleys, driveways, parking areas, private yards and patios of the individual building sites, or other areas primarily designed to serve private uses or functions other than recreation, are not to be considered as a portion of the common green. (4) Building Coverage. The actual ground area covered by the foundations of all permanent buildings in the development. (c) Same - Use Regulation. The City Council may, in accor- dance with the procedure specified in Section 42-20.1 of this Code of Ordinance, issue a specific use permit for a cluster housing development in either an R -IA or an R-1 zone, provided the Council finds that the application meets the following minimum requirements. (1) The proposed development shall be consistent with the comprehensive plan of the City and shall neither result in over intensive use of land and public facilities nor create undue traf- fic congestion. (2) The proposed development shall be compatible with the character of the surrounding neighborhood and with existing or proposed adjacent development. (3) No building or premises shall be used and no building shall be erected or structurally altered which is arranged or de- signed for other than a .use permitted within the zoning district . -2- in which the development is to be located or which does not comply' with the dimensional standards of that district except private clubs limited to development residents and their guests. Such private clubs shall not be allowed to conduct, as a principle function, a service customarily carried on as a business. (4) Plan of Development.. A proposed plan of development indicating an orderly arrangement of buildings, facilities, and open space throughout the area under consideration shall be pre- sented and made a part of the ap,proval'of a specific use permit. (5) Area. The proposed6.development plan shall contain not less than five acres in area. Extensions of the original development from a common boundary may be considered in increments of two acres minimum, provided all other requirements are observed. (6) Density. Within an R -1A district, there shall be a net land area of not less than five thousand (5000) square feet for each dwelling unit. Within an R-1 district, there shall be a land area of not less than four thousand (4000) square feet for each dwelling unit. (7) There shall be not more than eight (8) attached dwelling units. The preceding sentence shall not be construed to 'limit the total number of detached units within a plan of develop- ment. Two or more dwelling units shall be "attached", as'that word is used herein, if there is less than fifteen feet (15°) of open space between said dwelling units,.even though there is no wall or other structure physically joining the dwelling units. (8) No dwelling unit or units shall be more than two (2) stories in height, excluding an attic. An attic may be finished. An attic is the area between the top floor and the roof of�any structure. -3- (9) Common Green. There shall be common green provided in the amount of 1250 square feet per anit in an R-lA zone and 1000 square feet per unit in an R-1 zone. Common Green shall be assembled in contiguous areas of not less than 15,000 square feet. Up to but not more than 25% of the common green may consist of open space having principally visual utility, as long as that space having principally visual utility is contiguous to a minimum of 11,250 square feet of common green having general physical utility. By the phrase "open space having principally visual utility" is meant areas such as those embraced within a drainage easement, as opposed to "open space having general physical utility", which phrase shall mean an area having a topography which could be used for picnic areas, athletic activity areas, etc. The applicant shall also submit a scheme, subject to the approval of the City Council, for assuring continued retention and perpetual maintenance of common green areas for as long a time as the development exists. The approved documents embodying restrictive covenants, deed re- strictions, or other methods of giving such assurance shall be filed for record in the County Clerk's office at such times as the Council directs. (10) Building Coverage. Buildings shall not occupy more than 50% of the net area of the development. (11) Utilities Easements. All general utilities ease- ments shall be a minimum of 16 feet in width. No building permits shall be issued within the development until the arrangements and design of easements has been approved by all affected public agencies and franchised utility companies. (12) Building Setbacks. -4- (a) Front:. There shall be a minimum setback of 20 feet between the front of any structure and any peripheral development boundary, dedicated street right-of-way, or the curb line of any private.street. (b) Rear: There.sh.all be a minimum setback of 20 feet between the rear of any structure and any peripheral development boundary, dedicated street right-of-way, or the curb line of any.private'street... (c) Side: There -sha.11 ,be a minimum setback of 15 feet between the side of anyr'structure and any peripheral development boundary, dedicated'..street right-of-way, or the curb line of any private street. There shall also be a minimum dis- tance of 15 feet between the sides"of building. (d) General: With'the exception'of the stated allowable minimum distance of 15 feet between the sides of buildings, there shall in all cases .be a minimum distance.of 40 feet between all principle structures within the development. (13) -Fences. No fence or masonry yard wall shall be erected in the required front, side—or rear yard of a site occur pied by a dwelling or series of dwellings except as follows: (a) A fence or masonry yard wall up to 3' in height with posts not exceeding 4' in height, may be erected in the re= quired front yard of a dwelling site but.must be a minimum dis- tance of 10 feet from the curb.line of any private street or from the right-of-way line of any,publicly dedicated street. (b) A fence or masonry yard wall up to 7' in height with posts not exceeding 8' in height, may be erected in the re- quired side or rear -yard of a dwelling site but must be a minimum -5- distance of 10 feet from the curb line of any private street or from the right-of-way line of any publicly dedicated street. (14) Parking. A minimum of two off-street parking spaces shall be provided for each dwelling unit. (15) Private Streets. All private streets shall be constructed in accordance with the Official Street Construction Standards of the City of Beaumont and with the Official Street Construction Specifications of the City of Beaumont. Street names shall be approved by the Planning Division. Street signs shall be placed at all intersections and shall conform to adopted City Standards. (16) Pedestrian Walkways. Pedestrian walkways shall be required and shall be a minimum of four feet in width, designed and placed so as to provide to all residents safe, efficient pedestrian circulation within the development and to critical points on the periphery. (17) Development Phases. A description of planned development phases shall be presented and made a part of the approval of a development permit. Each scheduled phase of de- velopment must include a reasonable proportion of required common green area. (d) Same - Building Permits. No building permit shall be issued within a cluster,housing development which would violate the use regulations specified in (c), (1) through (17) hereinabove. . Po f- 1 nn i Chapter 42 of the Code of Ordinances of the City of Beaumont is hereby amended by adding thereto Section 42-20.5 to read as follows: I Me Section 42-20.5. Two -Unit Attached Single Family Housing Development (a) Same - Purpose. The purpose'of this Section is to allow under controlled conditions the development of two unit attached single family housing in an R-1 (single family dwelling) zoning district. (b) Same Use Regulation. The City Council may, in accor- dance with the procedures specified in Section 42-20.1 in this Code of Ordinance, issue a specific use zone permit for a two unit attached single family housing development in an R-1 zone, provided the Council finds that the following named requirements are met: (1) The proposed development shall be consistent with the comprehensive plan of the City and shall neither result in over intensive use of land and public facilities nor create undue traffic congestion. (2) The proposed development shall be compatible with the character of the surrounding neighborhood and with existing or proposed adjacent development. (3) No building or premises shall.be used and no building shall be erected or structurally altered which is arranged or de- signed for other than a use permitted within the zoning district in which the development is to be located or which does not comply with the dimensional standards of that district. (4) Subdivision Plat.. A subdivision plat of the area embraced within the application for a special use permit hereunder and finally approved in accordance with Chapter 42,,Article 3 of the Code of Ordinances shall be a condition precedant to the issu- ance of a special use permit;.under:.Section 42.20.5 hereof. A Ira revision of the subdivision plat after,issuance by the City Council of the permit shall render such permit null and void ab initia. The permit may again be issued in accordance with the procedures and requirements of this section upon final approval of the re- vised subdivision plat. (5) Area. The proposed development plan shall contain not less than 5 acres in area. Extensions of the original de- velopment from a common boundary may be considered in increments of 2 acres minimum, provided all other requirements are observed. (6) Density. Each principle structure shall occupy no fewer than two subdivided lots, each lot meeting or exceeding the minimum standards established by the Zoning Ordinance for the zoning district in which -the development is to be located. (7) Building Setbacks, (a) Front and Rear: Building setbacks and rear yard requirements shall meet the minimum standards established by the zoning district in which the development is to be located. (b) Side Yard: Side yards shall have a minimum width of 10 feet. (c) Same - Building Permits. No building permit shall be issued within a two unit attached single family housing development which would violate the use regulations specified in (b), (1) through (7) hereinabove. Section 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 4. That any person, firm or corporation violating any provision -8- of this ordinance shall, upon conviction, be punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont, Texas. CZ Suit by the City to enjoin the violation of 'any provision of this ordinance may be filed in -.any. -court of competent juris- diction. Section 6. That if any section, subsection, sentence, clause or phrase of this ordinance or the application of same.to a particular person, group of persons, firm, associations or corporation, or to a par- ticular set of circumstances should for any reason be held to be invalid, such invalidity shall in no wise affect the remaining portions of this ordinance, and to such end the various portions and provisions of this ordinance are declared to be severable. PASSED.BY THE CITY COUNCIL this the day of 1974. -9-