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Ordinance 2002-39 ORDINANCE NO~ -3:3 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERlY, ZONING CASE NUMBER 2002-11 TO PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FORAN 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 ofWylie, to give the hereinafter descnoed property a new zoning classification ofPD, Planned Development District Classification, said property being descnoed in Exhibit "~B and C" attached hereto and made a part hereoffor all purposes. SECTION 2. .' That all ordinances of the City in conflict with die provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 descn'bed 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 penahy provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. 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 ahering any penahy 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. DULyltfSED Texas, this day of APPROVED by the City Council of the City of Wylie, 2002. ATTEST: Barbara By John Exhibit "A" Legal Description BIRMINGHAM FARM PHASE 13 ZC #2002-11 BEING a 94.121 acre tract ofland situated in the D.W. William~ Survey, Abstract No. 1021, the Mercer Phelan Survey, Abstact No. 695, City of Wylie , Collin County, Texas, and being a portion ofa tract of land, descn'bed in deed to Birmingham Land Ltd., recorded in County Clerk's File No. 98-007022, Deed Records, Collin County, Texas, said 94.121 acre tract being more particularly descn'bed by metes and bounds as follows: BEGINNING at point in the south line of Birmingham Farms, Phase 3A recorded in Cabinet N, Page 907 of the Plat Records of Collin County, Texas, said point being North 88 degrees 23 minutes 13 seconds from the southeast comer of said Birmingham Farms, Phase 3A; THENCE, over and across said Birmingham Land Ltd. tract the following courses and distances: South 28 degrees 25 minutes 42 seconds West, a distance of80.34 feet to a point for comer; South 39 degrees 42 minutes 54 seconds West, a distance of 128.97 feet to a point for comer; South 28 degrees 33 minutes 31 seconds West, a distance of768.41 feet to a point for comer; South 37 degrees 00 minutes 41 seconds West, a distance of529.19 feet to a point for comer; South 40 degrees 52 minutes 03 seconds West, a distance of725.32 feet to a point for comer; North 68 degrees 56 minutes 59 seconds West, a distance of152.51 feet to a point for comer; South 70 degrees 36 minutes 50 seconds West, a distance of264.05 feet to a point for comer; South 86 degrees 34 minutes 58 seconds West, a distance of70.13 feet to a point for comer in the west line of said Birmingham Land Ltd. tract; THENCE, along the west line of said Birmingham L4I\d Ltd. tract the following courses and distances: North 00 degrees 47 minutes 08 seconds East, a distance of72.88 feet to a point for comer; North 89 degrees 08 minutes 35 seconds West, a distance of811.33 feet to a point for comer; North 00 degrees 53 minutes 56 seconds East, with said west line, a distance of 1797. 10 feet to a point for comer; THENCE, over and across aforesaid Birmingham Land Ltd. tract the following courses and distances: South 89 degrees 06 minutes 44 seconds East, a distance of615.00 feet to a point for comer; North 00 degrees 53 minutes 56 seconds East, a distance of 160.60 feet to a point for comer; South 89 degrees 06 minutes 04 seconds East, a distance of 130.95 feet to a point for comer; Along a curve to the left having a radius Of50.00', a deha angle of 94039'02", a long chord that bears north 19 degrees 59 minutes 44 seconds east, a distance of 73.52', an arc distance of 82.60', to a point for comer; North 00 degrees 53 minutes 56 seconds East, a distance of 159.95 feet to a point for comer; North 89 degrees 06 minutes 42 seconds West, a distance of20.00 feet to a point for comer; North 00 degrees 53 minutes 56 seconds East, a distance of 435.54 feet to a point for comer in the south line ofa tract of land descn'bed as Tract 1 in a deed to Wylie IS.D. recorded in Clerk's File 98-0033778 of the Deed Records of Collin County, Texas; THENCE, along the south line of said Wylie I. S.D. tract and the south line of said Birmingham Farms, Phase 3~ the following courses and distances: Along a curve to the right having a radius Of 1084.00', a delta angle of 37012'05", a long chord that bears South 57 degrees 00 minutes 40 seconds East, a distance of 696.23', an arc distance of708.79', to a point for comer; Along a curve to the left having a radius Of 1200.00', a deha angle of 5006'28", a long chord that bears South 63 degrees 19 minutes 59 seconds East, , a distance of 1016.33', an arc distance of 1049.45', to a point for comer; South 88 degrees 23 minutes 13 seconds East, a distance of269.65 feet to the Point of Beginning, containing 94.121 acres ofland, more or less. .' .' Exhibit "B" Development Conditions Birmingham Farms Phase 13 Zoning Case No. 2002-11 General Conditions: 1. The Planned Development District shall not affect any regulations found within the Zoning Ordinance of the City of Wylie as enacted February 27, 2002, except as specifically provided herein. 2. All regulations of the Single Family-l0/19 District as set forth in the Zoning Ordinance and all other provisions of the Code of Ordinances are included herein by reference and shall apply, except as specifically provided herein. a. In addition to the permitted uses allowed within the SF-I0/19 zone district as shown in Figure 5-3 of the Zoning Ordinance, "Day Care Facility" shall be considered a permitted use. Special Conditions: 1. Streets and Alleys. a. All residential streets within the Planned Development District shall have 31 feet of concrete pavement (measured from back of curb to back of curb) within a minimum of 50 feet of dedicated right-of-way. b. No alleys shall be required within this Planned Development District. 2. Area Regulations. a. All residential dwelling units within this District shall exceed 1,800 square feet in floor area. A minimum of85% of the dwelling units must exceed 1,900 square feet in floor area. b. The minimum side yard requirement may be reduced to 5 feet on one side of a lot to accommodate an outside swing garage design. 3. Design Standards. The Suburban Residential Requirements (Figure 3-14 of the Zoning Ordinance shall be modified and/or fulfilled as iOllows: Land Design Requirements. [70 bonus points earned] a. PatJ?ways and Easements in Public Open Space. i. In the open space adjacent to Phase 13, an 8 foot trail shall be provided within a 20 foot public access easement. (10 points) b. Perimeter Walkway and Landscape Buffer. i. A 20 foot landscape buffer shall be provided adjacent to Park Boulevard. (10 points) ii. A 4 foot meandering concrete sidewalk shall be constructed adjacent to or within this landscape buffer. ro____....:___._ n..1..~_ "'-_ C'____ i A 50 foot public access easement with an 8 foot trail shall be provided so that no more than 10 residential lots are between open space connections to the open space. (1 0 points) ii A residential street shall be placed adjacent to a portion of the open space to provide pedestrian connection. (25 points) d. Lighting and Furnishings along Public Pathways. i Lighting and furnishings meeting the base standards of the City of Wylie zoning ordinance shall be provided. e. Pedestrian Linkages to the Village Center. i No residence within this District shall be located more than 3,000 feet from a Village Center. (15 points) Street and Sidewalk Requirements. [65 bonus points earned] f Curvilinear Streets. i. Streets shall meet the city's street requirements. g. Entry Features and Medians. i. 100 feet of entry width shall be provided from Park Boulevard to the first public street intersection. 11. Landscaped medians at the entry shall be provided. (15 points) h. Signage at Entries. i. Signs at the entry may be incorporated into entry wall or monument sign. i Sidewalk Locations. i. Sidewalks shall be provided on both sides of all residential streets. ii. Sidewalks shall provide continuous pedestrian pathways. J. Sidewalk Width. i 5 foot wide concrete sidewalks shall be provided. (10 points) k. Sidewalk Lighting. i. Decorative street lighting shall b~ provided along residential streets, providing lighting on both sidewalks and streets, at a maximum spacing of200 feet apart on each side of the street. 11. Pedestrian only walkways shall be lighted only with low height lighting standards and fixtures. m. All electric service shall be under ground. IV. Placement of directional and street name signage shall be provided on decorative lighting poles. (10 points) 1 Perimeter Screening. i. At the rear of residential lots adjacent to Park Boulevard a 6 foot decorative or solid masonry or concrete wall shan be provided. m Pedestrian Crosswalks. i Pedestrian crosswalks shall be striped. n. Sidewalk Material. L Speciahy paving, such as decorative concrete pavers, brick, stone, or patterned concrete shall be provided within the Planned Development District to designate connections to the trail system within public open space and in crosswalks at each entry to the development. (10 points) o. Street Trees. L Coordinated planting of front yard trees shall be provided throughout the development to form a formal row of trees along the street, using trees of the same species, minimum 3 inch caliper at time of planting, evenly spaced along both sides of the street at a maximum spacing of30 feet on center. (20 points) Architectural Requirements. [55 bonus points earned] p. Exterior Fa~ade Material. i Exterior finish materials for residential dwellings shall be 100% masonry (brick, stone, stucco, or Hardi-Plank) with a minimum exterior finish of75% brick or stone. ii. Vinyl shall not be used on the exterior fa~ade of a single-family residential dwelling unit, excluding windows, doors and other fenestration. q. Chimneys. i Metal chimney flues for fireplace chimneys are to be within a chimney enclosure. ii. The chimney enclosure may be Hardi-Plank or similar cementitious material. r. Roof Pitch. i. All single-family residential units shall have a minimum roof pitch of6:12. s. Roof Materials. L All single-family residential units shan have architectural grade asphah shingles, concrete or clay roofing tiles, standing seam metal roofing, or slate roofing shingles. ( 5 points) , ~ t. Plan and Elevation Variation. L A minimum of 4 platted residential lots must be skipped on the same side of the street before rebuilding the same single-family residential floor plan, except that the same floor plan may be used within 2 lots if the street elevation design is changed. ii A minimum of 4 platted residential lots must be skipped on the opposite side of the street before rebuilding the same single-family residential floor plan, except that the same floor plan may be used within 2 lots if the street elevation design is changed. (10 points) u. Porches. 1. The front entry of any single-family residence, which in the entry facing the street on which the residence is located, shan have a covered front porch of a minimum of20 SQuare feet floor area. v. Mailboxes. L A paired all-brick mailbox shall be installed on the common lot line of the paired addresses. n. A common design theme shall be used throughout the development (5 points) w. Address Plate. 1. A cast stone or similar type address plate with minimum 3 inch numerals or letters and on contrasting color shall be instaned on the front of each single-family residence. (5 points) x. Garage Doors. i Garage doors shall be located with side entry and outside swing driveways so they are not visJ.ole on the primary street elevation. (20 points) y. Fencing. i All side yard or front yard fencing on any lot shall have a height between 4 feet and 6 feet and shall consist of metal, wrought iron or wood. ii Wood fencing used on the perimeter of any yard shan be a minimum of 6 feet in height, stained a uniform color throughout each platted subdivision and shall contain steel support posts spaced 8 feet on center. If the wood fencing is visible from any street, the steel support posts shall be placed on the inside of the fence, facing away from the street. (10 points) 4. Park Dedication and Impact Fees. a. City of Wylie park fees shall be waived for development within this Planned Development District, so long as the owner and/or developer uses comparable funds to provide park improvements within or adjacent to this Planned Development District, Phase 4A, Phase 4B or Phase 14 of Birmingham Farms. b. No roadway impact, assessment or pro rata fees shall ever be assessed, levied or collected on development within this Planned Development District. 5. Infrastructure Improvements. a. Perimeter Infrastrncture ImprovemeQts Not Required. Except as specifically descnoed herein, no street, water, sanitary sewer or storm sewer infrastructure shall be required to be constructed within Country Club Road and Park Boulevard on the perimeter of this Planned Development District. The developer will construct a 12-inch water line in the Country Club right of way along the frontage of the subdivision and the developer will con,struct storm sewer as required to develop the subdivision. However it is anticipated that the storm sewer will be to the East to the conservation lake. In addition there exist water and sewer lines in the Park Road Right of Way. The developer will construct the storm sewer lines in the Park Road right of way, when the phase 6 retail tract develops. Right-of-Way for the south half of the Park Boulevard descn'bed above shall be dedicated by separate instrument at no cost to the City of Wylie. b. Park Boulevard Bridge Improvements. The City of Wylie shall secure and dedicate the right-of-way for the bridge from the Wylie Independent School District for the portion of the bridge that lies within the school property. Prior to the issuance of the first certificate owner of the property shall be required to construct a bridge for Park Boulevard that meets the following criteria: 1. The bridge shall be of sufficient length such that there will not be an increase in the fully urbanized floodplain elevation by more than 0.10 feet either upstream or downstream of the proposed bridge. The bridge is anticipated to be approximately 320 feet in length. ii. The bridge width shall be approximately 45 feet, sufficient to carry three lanes of traffic and one four foot wide sidewalk for pedestrian traffic. iii. The bridge shall be designed in accordance with Texas Department of Transportation and the City of Wylie standards. c. Other Bridge Right-oj-Way. Right-of-Way for the south half of the Park Boulevard bridge descnoed above shall be dedicated by separate instrument at no cost to the City of Wylie. The developer and/or owner of this Planned Development District shall not be required to make any additional bridge improvement except those specifically descn'bed herein. 6. Other Provisions. a. The approved ''Development Plan", adopted as part of this Planned Development District, shall serve as an approved "Preliminary Plat" for Birmingham Farms - Phase 13. b. Development signs, as defined in the City of Wylie Sign Regulations, shall be permitted to be placed on any property owned by Birmingham Land, LTD. to promote subdivisions within this PD. For residential subdivisions, a sign may remain in place until the related subdivision has received building permits for 100 percent of the lots. All other Development Sign regulations shall apply. , .' Exhibit "C" ~, ~ss~s.t~ r- ----=:r71.-= ii~":l~!a z 1; · ~i~I~Sl~~ wz(/) _ ... WI" "" .c ~<(~ OIl ..~~~: 0..-1a: 0 ~I~ ~k i\j .. iSS:5! 00..<( ~ .... ttil t -1 L1-M ~ :1 w-1 ~ ~ 1: \l,lu l! ><(~w .... ~ fidt i ~ w::><((/) ~ i !. I 0 i Ob:::r:<( .... l! ~.a .; i ow<.?:r: ~ =i5il~~:: wuzo- .. ;l fi ..."'O~ 00- j': l~~~~ zz~ 0 !: ~~...~-~~ zOa: u a <(u- i -1 CD ~ 0- a .~ ~-.rv-- ~ . .--........ . . . . ., .. . " , . ,- ==- -- .-::;:: .=nJ .. , 1: . ! I I ..,u'M'4;. tl'-U tt",")QJ ---- ;~ ..:....:=:-.==--=== -=.::.... .--::-- --~.__. __ .::.:a:~=E:== ..- .- -- -- - r -oJ ~ C"-.I E=J ~ c:::::l c.c [~ ~ ~ :::> -< @ ~ ~ THE WYLIE NEWS Covering Wylic, Sachse, Murphy and the surrounding arca 110 N. Ballard St. P.O. Box 369 Wylie, Texas 75098 972.442.5515 Fax 972.442.4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn deposed and says that the foregoing attached On.R . /')1..A.') _ 02 Q O"l - :; 'I was published in said newspaper on the following dates, to-wit: W, ~?. , 2002, and , 2002. (If!d · Subscribed and sworn to before me this the ~ to certify which witness my hand and seal of office. day of t\ \O.v v .(ll}~ , 2002, /~'V'VVYU1./'t , I'i"t' otary Public in and for he State of Texas / My Commission Expires I~ - 3o-OS Wednesday, October 2, 2002 - THE WYLIE NEWS - Section B - Page 11 Public Notices BONDS, SERIES 2002"; SPECIFYING THE TERMS AND FEATURES OF SAID BONDS; LEVYING A CONTINU- ING DIRECT ANNUAL AD VALOREM TAX FOR THE PAYMENT OF SAID BONDS; AND RESOLV- ING OTHER MATTERS INCIDENT AND RELAT- ED TO THE ISSUANCE, SALE, PAYMENT AND DELIVERY OF SAID BONDS, INCLUDING THE APPROVAL AND EXECUTION OF A PAY- ING AGENT/REGIS- TRAR AG REEMENT AND THE APPROVAL AND DISTRIBUTION OF AN OFFICIAL STATE- MENT; AND PROVID- ING AN EFFECTIVE DATE. PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of September 2002. JOHN MONDY, MAYOR ATTEST: BARBARA SALINAS CITY SECRETARY 19-It-339 ORDINANCE NO. 2002-37 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 87-57, SECTION 2 (DEFINI- TIONS), SECTION 14(d) (IMPOUNDMENT OF ANIMALS RUNNING AT LARGE), AND SECTION 13(c) (BITES BY ANI- MALS); PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABlLITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDI- NANCE; AND PROVID- ING FOR THE PUBLI- CATION OF THE CAP- TION THEREOF. Public Notices CLAUS~; AND PROVID- BARBARA SALINAS ING FOR AN EFFEC- CITY SECRETARY TIVE DATE. " 19-It-339 " / / / 1 '\ \. ORDINANCE NO. 2002-40 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE , "; ZONING ON THE HERE- .. INAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2002-12 TO PLANNED DEVEL- OPMENT (PD) DIS- TRICT CLASSIFICA- TION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVID- ING FOR AN EFFEC- TIVE DATE. PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of September 2002, JOHN MONDY, MAYOR ATTEST: BARBARA SALINAS CITY SECRETARY /~ 19-1t-3l9 PASSED AND /' APPROVED by the Citf I'lPRDINANCE NO. Council of the City of {O\ 2002-39 Wylie, Texas, this 24th day \ AN ORDINANCE OF of September 2002. JOHN MONDY, MAYOR ATTEST: BARBARA SALINAS CITY SECRETARY 19-It-339 ORDINANCE NO. 2002-38 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HERE- INAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2002-10 TO PLANNED DEVEL- OPMENT (PD) DIS- TRICT CLASSIFICA- TION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT; PROVIDING A SEVERABILITY THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HERE- INAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2002-11 TO PLANNED DEVEL- OPMENT (PD) DIS- TRICT CLASSIFICA- TION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT; PROVIDING A JOHN MONDY, MAYOR S EVE R A B I LIT Y ATTEST: CLAUSE; AND PROVID- BARBARA SALINAS ING FOR AN EFFEC- CITY SECRETARY TIVE DATE. 19-1t-339 PASSED AND Call 972-442-5515 to APPROVED by the City advertise in our Business Council of the City of & Professional Dir. (See Wylie, Texas, this 24th day Page 6B & 7B). Only of September 2002. $25/weekfor 13 week com- mitment. PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 24th day of September 2002. JOHN MONDY, MAYOR ATTEST: Grand jury .