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Ordinance 2014-03ORDINANCE NO. 2014-03 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 2001 -48, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY (ZONING CASE NO. 2013-08), CONTAINING 28f ACRES OF LAND SITUATED IN THE HENRY L. DOUGLASS SURVEY, ABSTRACT NO. 292 AND THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 860, COLLIN COUNTY, TEXAS, FROM AGRICULTURAL (A/30) TO PLANNED DEVELOPMENT SINGLE FAMILY DETACHED DISTRICT (PD2014- 03 -SF) TO ACCOMMODATE A SINGLE FAMILY RESIDENTIAL SUBDIVISION; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development Single - Family (PD2014- 03 -SF), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (PD Conditions), Exhibit "C" (Concept Plan), and Exhibit "D" (Tree Preservation Plan) attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No. 2014 -03 - Amending Comprehensive Zoning Ordinance No. 2001 -48 28Acres - Henry L. Douglass Survey & William Sutton Survey - from (A /30) to (PD2014- 03 -SF) Page 1 of 2 SECTION 5: Should any paragraph, sentence, subdivision, 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 so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: 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 7: 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 28th day of January, 2014. ,— -e A - Eric Hogue, Mayo ATTEST: OF Vr it Carole Ehrli , City Secretary DATE OF PUBLICATION: February 5, 2014 in The Wylie N V`f, COLORAOQ ±pNtA E RAfLIvAY 0188?® e Pgrt of TE i Ordinance No. 2014 -03 - Amending Comprehensive Zoning Ordinance No. 2001 -48 28Acres - Henry L. Douglass Survey & William Sutton Survey - from (A /30) to (PD2014- 03 -SF) Page 2 of 2 EXHIBIT "A" COVINGTON ESTATES FIELD NOTES BEING a 28.235 acre tract of land situated in the Henry L. Douglass Survey, Abstract 292 and the William Sutton Survey, Abstract 860, Collin County, Texas, and being all of that certain called 28.333 acre tract of land described in deed to Collins Family Partnership, as recorded in Volume 4160, Page 1176, Deed Records, Collin County, Texas, said 28.235 acre tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 -inch iron rod found for the northwest corner of said 28.333 acre tract and the southwest corner of a 3.5900 acre tract of land described in deed to Peter L. Nicklas and Sue Anne Nicklas, as recorded in Volume 1996, Page 215 of said Deed Records, said corner being in the east boundary line of a 199.3963 acre tract of land described in deed to Woodbridge Properties, LLC, as recorded in Volume 3898, Page 665 of said Deed Records; THENCE South 89 degrees 23 minutes 15 seconds East, with the common boundary line of said 3.5900 acre tract and said 28.333 acre tract, a distance of 733.41 feet to a 1/2 -inch iron rod found for the southeast corner of said 3.5900 acre tract and the southwest corner of a 7.32 acre tract of land described in deed to Bennie Blakey and James Blakey, as recorded in County Clerk Document 94- 0024429 of said Deed Records; THENCE South 89 degrees 15 minutes 56 seconds East, with the common boundary lines of said 7.32 acre tract, said 28.333 acre tract and a 1.16 acre tract of land described in deed to Jeffrey S. Dutschke, as recorded in Volume 4577, Page 3271 of said Deed Records, a distance of 1027.23 feet to a 5/8 -inch iron rod with yellow cap stamped "RPLS 3963" set for the southeast corner of said 1.16 acre tract and the northeast corner of said 28.333 acre tract, said corner being in the west right -of -way line of South Ballard Avenue, a variable width right -of -way; THENCE South 00 degrees 33 minutes 46 seconds West, with the common boundary lines of said South Ballard Avenue and said 28.333 acre tract, a distance of 725.20 feet to a 5/8 -inch iron rod with yellow cap stamped "RPLS 3963" set for the southeast corner of said 28.333 acre tract; THENCE North 87 degrees 27 minutes 51 seconds West, passing a 3/8 -inch iron rod found for the northeast corner of Lot 9, Block A, Colonial Acres Estates, an addition to the City of Wylie, as recorded in Volume 6, Page 39, Plat Records, Collin County, Texas, at a distance of 5.30 feet and continuing with the common boundary line of said 28.333 and said Colonial Acres Estates, a total distance of 1769.00 feet to a 5/8 -inch iron rod with yellow cap stamped "RPLS 3963" set for the southwest corner of said 28.333 acre tract; THENCE North 01 degrees 11 minutes 27 seconds East, along the west line of said 28.333 acre tract, passing a 5/8 -inch iron rod with cap stamped "PBS &J" found for an angle point of said 199.3963 acre tract at a distance of 32.28 feet and continuing with the common boundary line of said 28.333 and said 199.3963 acre tract, a total distance of 668.04 feet to the POINT OF BEGINNING AND CONTAINING 1,229,923 square feet or 28.235 acres of land. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No.2013 -08 I. GENERAL CONDITIONS: This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10 District (SF- 10/24) set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 3 -4 - Single Family 10 District SF -10/24 Lot Size Minimum Lot Area (s q. ft.) 10,000 Lot Width (feet) 75 Lot width of corner Lots (feet) 90 Lot Depth (feet) 100 Lot Depth of Double Front Lots (feet) 120 Dwelling Regulations (Minimum Square Footage) 10% of the lots 20% of the lots 70% of the lots 1,800 or greater 2,000 or greater 2,400 or greater Design Standards Level of Achievement See Section III Design Conditions Yard Requirements — Main Structures Front Yard (feet) 25 Side Yard (feet) 7 Side Yard of Corner Lots (feet) Side Yard of Corner Lot w/ same side facing garage (feet) 20 25 Side Yard of Corner Lots (feet) on key lots 25 Rear Yard (feet) 25 Rear Yard Double Front Lots (feet) 30 Lot Coverage 45% Height of Structures Main Structure (feet 40 Accessory Structure (feet) 14 II. SPECIAL CONDITIONS: 1. Maximum number of residential lots not to exceed 87 lots. 2. Key lots are defined as a corner lot which is backing up to an abutting side yard. 3. Three -tab roofing shall not be permitted. 4. No alleys shall be required within the property. 5. The Development Plan attached as Exhibit "C" shall serve as the Preliminary Plat. 6. Existing trees greater than 6 inch caliper shall be protected in accordance with City's Tree Preservation Plan. 7. H.O.A. shall be established to maintain wall and other community features. 8. Parkland fees shall be paid by developer in accordance with City Ordinance(s). 9. T.A.E. shall be removed with the extension of Cambria Dr. to connect to Future Thoroughfare to the west; area to then be converted into a residential lot. IILDESIGN STANDARDS: A. Land Design Standards —New Residential Requirements Desired Land Design requirements are achieved by projects in accordance with Exhibit "C" and the following criteria: 1. Provision of Public Pathway — Perimeter Walkways and Landscape (a) Per Exhibit "C" and coordinate improvements of S. Ballard Avenue Road with the City of Wylie. (b) Landscaping and Tree Preservation shall be in accordance with Exhibit "C" The following trees and shrubs are recommended for landscaping and screening purposes: Large Trees: Pecan Red Oak Burr Oak Water Oak Southern Magnolias Live Oak Bald Cypress Bradford Pear 2. Small Trees: Yaupon Hollies Crape Myrtle Wax Myrtle Cherry Laurel Red Bud Japanese Black Pine Cedar Elm 3. Evergreen Shrubs: Red Tip Photinia Burford Holly Nellie R. Stevens Chinese Holly Yaupon Holly Clearra Nandinnia Dwarf Crape Myrtle Japanese Ligustrum Waxleaf Ligustrum Abelia Junipers Barberry Asian Jasmine Honeysuckle English Ivy Boston Ivy Liriope Monkey Grass Virginia Creeper Vinca Mondon Grass Ophia Pogon Elaeagnus Purple Sage Pistachio The following trees are discouraged for landscaping and screening purposes: Silver Maple Hackberry Green Ash Arizona Ash Mulberry Cottonwood Mimosa Syberian Elm American Elm Willow Sycamore 2. Lighting and Furnishings a) Provide decorative paving and cross -walks at street connectors. b) 8' wide decorative paving crossing at main entry and; 7 ft wide at interior street connectors per Exhibit "C" B. Street and Sidewalk Standards — New Residential Requirements Desired street and sidewalk requirements are achieved in accordance with the following criteria: 1. Street Treatments — Entry Features and Signage at Entries a. Architectural features on stone monument (10% brick maximum) with 2 or more different type /color of stone (can be synthetic or cultured) with wrought iron accent panels and landscaping and illuminated by means other than street lights. 1 1 1 L 2. Street Treatments — Street Name Signs Block numbers shall be incorporated with street lighting that is coordinated throughout the subdivision. 3. Street Treatments — Pedestrian Crosswalks All crosswalks within a Residential development are to be 7 feet wide at street connections and must connect to a pedestrian sidewalk system of decorative pavers with pedestrian ramps complying with the American with Disabilities Act, to provide a clear, continuous pedestrian and circulation system throughout a subdivision. Provide 8 ft. wide, connected system of decorative pavers at Main Entry. 4. Pedestrian Sidewalks - Sidewalk Locations 4 feet wide concrete pedestrian sidewalks shall be located on both sides of the street, in the right -of -way of every internal street. 5. Mail Boxes Mail boxes shall be paired at the lot line where applicable and shall provide number plaque and brick or stone to match the resident. 6. Pedestrian Sidewalks - Sidewalk Lighting Decorative street lighting shall be provided along residential streets throughout all Residential Developments, providing low illumination with solar controls on decorative poles with spacing ranging from 250 feet to 350 feet between lights placed on alternating sides of the street. A Street Lighting Plan must be submitted to the City Engineer for approval. The City Engineer is authorized to alter the distance requirement if needed in an effort to achieve the best lighting arrangement possible. 7. Perimeter Alleys No Alleyways are required for the subdivision. C. Architectural Standards —New Residential Requirements 1. Building Bulk and Articulation In order to avoid large blank facades, variations in the elevation of residential facades facing a public street shall be provided in both the vertical and horizontal dimensions. At least 25 percent of the facade shall be offset a minimum of 2 feet either protruding from or recessed back from the remainder of the facade. A minimum of 60 percent of the total area shall be on the I st floor of all 2 story dwellings. 2. House Numbers All single family residential units shall have front stone wall plaque with resident address beside the main entry of the dwelling unit. 3. Exterior Fagade Material All single family residential units shall have a minimum of eighty (80) percent of the exterior facade composed of kiln -fired clay brick or masonry stucco, with 20 percent stone or decorative brick accent, excluding windows, doors and other openings. Glazing shall not exceed twenty -five (25) percent of the front elevation of the residence. Dormers, second story walls or other elements supported by the roof structure may be composite masonry materials if approved by the Building Official as having the same durability as masonry or stone and when offset at least six (6) inches from the first floor exterior wall. Wood, vinyl siding and EIFS materials shall not be used for exterior walls. D 1 4. Exterior Facades — Porch Each single family residential unit shall have a combined total covered front, side or rear entry of a minimum of 140 total square feet of floor area. To enhance livable outdoor space front porches shall be a minimum of 50 s.f. with railings, columns or other architectural features for all dwellings. 5. Exterior Facades - Chimneys Chimney flues for fireplace chimneys are to be within a chimney enclosed with masonry matching exterior walls of the residential unit and capped. Dwellings with more than 20 percent stone on the front fagade, shall have fireplace chimneys with at least 40 percent stone matching the stone accent exterior of the house. 6. Roofs and Roofing - Roof Pitch All single family residential units shall have a minimum roof pitch of 8:12, with articulation, dormers or a combination of hip and gable roofing. 7. Roofs and Roofing - Roofing Materials i Roof )wed 8:12 All single family residential units shall have architectural -grade overlap shingles, tile or standing seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other rooftop accessories are to be painted to match the roof shingle color. 8. Roofs and Roofing - Roof Eaves No wood fascia or soffits are permitted. 9. Repetition of Residential Unit Designs — Repetition of Floor Plan and r.. Elevation A minimum of five (5) platted residential lots must be skipped on the same side and three (3) lots must be skipped on the opposite side of a street before rebuilding the same single family residential unit with an identical (or nearly identical) street elevation design. The same floor plan shall not be repeated on neighboring, side by side lots or directly across the street. 1 Identical or nearly identical floor plan means that the layout, size and function of the rooms are essentially the same. Identical or nearly identical street elevation design means little or no variation in the articulation of the facade, height or width of facade, placement of the primary entrances, porches, number and placement of windows, and other major architectural feature. It does not mean similar colors, materials, or small details. 10. Garage Entry Garage doors can be located on the primary street elevation of a single family residential unit with an upgraded Cedar door. The primary street would be the addressed street front. Garages may face the street on a corner lot side yard. Each two car garage shall be a minimum of 400 square feet. 11. Dwelling Size The minimum square feet of floor space shall be (10 %) of the houses 1,800 s.f. , (20 %) of the houses 2,000 s.f. , (70 %) of the houses 2,400 s.f. or greater, measured within the outside dimensions of a residential dwelling unit including each floor level, but excluding carports, garages, and breezeways. 12. Fencing (1) Front yard fences (if provided) shall be permitted to a height of 4 feet maximum with 50 percent transparency constructed of wood or wrought iron. (2) Side and rear yard fences (if provided) shall be permitted to a height of 6 feet maximum and constructed of wood with metal posts and rails to the inside. (3) Pressure treated wood is prohibited. 13. Landscaping (1) Each residential dwelling shall have sodded front, side, and rear yard with a minimum of 3 trees and 8 shrubs in front yard. (2) All landscaped areas must be kept in a healthy and growing condition. Any plant materials that die during a time of year where it is not feasible to replant shall be replaced as soon as possible. (3) If an automated, subsurface irrigation system is installed, rain sensors are required to be installed and operational to reduce water use. 14. Outdoor Lighting All residential dwelling units shall have an illuminated standard porch light at the front entry and drive /garage. 15. Conservation /Sustainability Each residential dwelling unit must comply with the Energy component of the Building Code. Each residential dwelling unit shall be equipped with Energy Star appliances. i 4 Do lg- Es HIE Ha,-.;l; -0-MU12 x - S .6 t f 8 2 Iz onkp 6 SU n-Ii iR Ij Vg !? N M3 z < zA !21 uw, 4 < u -j z P5 m S. 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Muria% Monitor The Princeton Herald Me S acla,xt..L`ews TIM WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority,on this day personally appeared Chad Engbrock, publisher 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 foregoing attached: City of Wylie Ordinance No. 2014-03' was published in said newspaper on the following dates, to-wit: February 5,2014 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of , 2014 to certify which witness my hand and seal of office. of ® *Notary MPublic in or The State of Texas My commission expires FEB caa° �fi �iv'sc �a Iic:Office- HO O eN,E3 dl and-RO,Rox 69 m WvIie_TX 7508-9'2442-55 19-#`m 972-442-1319 cr a�e 4tr$ :'i'rince m Officx. 101 Sliaaaaa-I,() H4 ox'a3 2.Fa3ram'svdIlc� 1'X 7" 2-'972-784-(p_',(.)7$fax 972 782-7021 VTOZ'9-S