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Ordinance 2002-52 ORDINANCE NO. 2002-52 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 PROPERTY, ZONING CASE NUMBER 2002-19 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 Zorung 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 ofPD, Planned Development District Classification, said property being described in Exhibit "A" and "B" and "C" attached hereto and made a part hereoffor 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 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 \()\t\ day of Jlo.J'o~ 2002. ATTEST: ~~ Barbara Salinas, City Secretary f , \:\ Exhibit "A" Legal Description ZC #2002-19 BEING a 475.80 acre tract ofland situated in Collin County, Texas and being a part of the J.G. Jouett Survey, Abstract No. 475, the Allen Atterberry Survey, Abstract No. 23 and the Aaron West Survey, Abstract No. 979 and being part of those certain tracts of land conveyed to Joanne Vanderweele, Successor Independent Administratrix, as described in Executor's Deed as recorded in Collin County Clerk's File Number 95-0005773 and being part of those certain tracts ofland described in deed to George S. Richards as recorded in Volume 775, Page 55, Deed Records, Collin County, Texas and being all ofa called 1.00 acre tract ofland described in deed to F.D. Feagin et ux, of record in Volume 914, Page 697, said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in deed to Jimmie Jane Feagin of record in Volume 775, Page 58, said Deed Records, and being a part ofa called 2.10 acre tract described in deed to F.D. Feagin et ux, recorded in Volume 757, Page 824, said Deed Records and being all of that certain tract of land described in deed to Edwina Collins Cook as recorded in Collin County Clerk's File No. 93-0039237, and being all that certain tract ofland described in Quitclaim Deed to Silas M. Hart and Charlene H. Hart, a called 69.25 acre tract of land as recorded in Collin County Clerk's File No. 96-0091287 and being all of that certain 5.791 acre tract ofland described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-0039230, said 475.80 tract being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the centerline intersection of Beaver Creek Road and Fox Hollow, said rod being an angle point in the West line of BE A VER CREEK ESTATES, SECTION ONE, an addition to Collin County, Texas; THENCE, North 86024'36" West, with the centerline of said Beaver Creek Road, a distance of937.39 feet to a 1/2 inch iron rod set for corner; THENCE, North 89014'31" West, a distance of 991.62 feet to a 1/2 inch iron rod set for corner in the City of Dallas take line (Lake Ray Hubbard), from which a City of Dallas concrete monument bears South 18018'59" West, a distance of21.54 feet; THENCE, along said take line the following calls: North 18006'55" East, a distance of271.42 feet to a 1/2 inch iron rod set for corner; North 43015'40" West, a distance of377.24 feet to a 1/2 inch iron rod set for corner; South 63002'34" West, a distance of399.88 feet to a City of Dallas concrete monument found for corner; South 43054'58" East, a distance of281.99 feet to a City of Dallas concrete monument found for corner; South 21032'32" West, a distance of 152.62 feet to a 1/2 inch iron rod set for corner in the centerline of said Beaver Creek Road; THENCE, North 80052'29" West, a distance of36.36 feet to a point in said road; THENCE, North 51028'20" West, a distance of 576.35 feet to a 1/2 inch iron rod set at the centerline intersection of said Beaver Creek and Troy Road; THENCE, North 01041 '22" East, a distance of 159.27 feet to a point in Troy Road; THENCE, North 01009'54" West, a distance of 171.46 feet to a point in Troy Road; THENCE, North 06015' 10" West, a distance of71.55 feet to a 1/2 inch iron rod set for corner in Troy Road and West line of aforesaid J.G. Jouett Survey, said rod being the Northeast corner of J.D. Shelby Survey, Abstract No. 819 and the Southeast corner of aforesaid Aaron West Survey; THENCE, North 89007'04" West, with the common line of said J.D. Shelby Survey and said Aaron West Survey, a distance of 1048.38 feet to a 5/8 inch iron rod found for corner, said rod being the Southeast corner of a tract ofland as described in Deed to Billy Ray Burdine, recorded in Volume 825, Page 240, Deed Records, Collin County, Texas; THENCE, North 00023' 11" East, a distance of 546.44 feet to a 1/2 inch iron rod found for corner, said rod being the Southeast corner of a tract ofland as described in deed to Jack M. Hankey, recorded in Volume 3394, Page 60, said Deed Records; THENCE, North 00022'53" West, a distance of693.82 feet to an old barbed wire fence corner post for corner, being the northeast corner of a tract ofland described in deed to Jack M. Hankey as recorded in Volume 3394, Page 60 of the Deed Records of Collin County, Texas; THENCE, North 88035'09" West, along the north line of said Hankey tract, a distance of 1578.94 feet to a 1/2 inch iron rod ~et for corner, being the northwest corner of a tract ofland described in deed to Julie Littlejohn as recorded in Volume 3794, Page 267 of the Deed Records of Collin County, Texas; THENCE, South 02052123" West, along the west lines of said Littlejohn and Hankey tracts, passing a 1/2 inch iron rod set at 180.18 feet for the most southerly southeast comer of said Cook tract and continuing in all a total distance of 313 .37 feet to a 60- D nail set in a gravel road; THENCE, North 89002'27" West, along the centerline of said gravel road, a distance of347.09 feet to a 60-D nail found for corner; THENCE, North 01039'30" East, passing a 1/2 inch iron rod set at 127.26 feet for the most southerly southwest corner of said Cook tract and continuing in all a total distance of 655.44 feet to an iron fence post for corner, being the northeast corner of a tract of land described in deed to Clyde Parker as recorded in Collin County Clerk's File No. 2000-0037949; THENCE, North 86045'13" West, along the north line of said Parker tract, a distance of 190.31 feet to an iron fence post for corner; THENCE, North 01047'34" East, along the east line ofa called 3.99 acre tract ofland conveyed to John Rice Housewright, et ai, a distance of 122.06 feet to an iron fence post for corner; THENCE, North 89026118" West, along the north line of said Housewright tract, a distance of 464.39 feet to a 1/2 iron rod set for corner on the east right-of-way line of said F.M. 544; THENCE, North 02012'16" West, along the east right-of-way line of said F.M. 544, a distance of338.03 feet to a 1/2 inch rod set on the east right-of-way line ofF.M. 544, being the most westerly northwest corner of said Cook tract and the southwest comer of a called 4.86 acre tract ofland described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-0039229; THENCE, South 89013'54" East, along the south line of said 4.86 acre tract, a distance of 484.40 feet to a 3/8 inch iron rod found for comer, being the southeast comer of said 4.86 acre tract; THENCE, North 00059121" East, a distance of 169.93 feet to a 1/2 inch iron rod set for corner on the east line of said 4.86 tract and the south line of a said 5.791 acre tract of land described in deed to Charlane Collins Dew as recorded in Collin County Clerk's File No. 93-0039230; THENCE, with the east line of said 4.86 acre tract North 04029102" West, a distance of258.81 feet to the northeast corner of said 4.86 acre tract, being common with the northwest corner of said 5.791 acre tract; THENCE, North 89010'37" West, a distance of 196.62 feet to a 1/2" iron rod found for corner; THENCE, North 02012'16" West, a distance of405.16 feet to a 1/2" iron rod found for corner; THENCE, South 87047'44" West, a distance of286.58 feet to a 1/2" iron rod found for corner; THENCE, North 02012'16" West, a distance of457.87 feet to a 3/8" iron rod found on the east right-of- way line ofF.M. 5~4, being the northwest corner ofa called 1.00 acre tract described in deed to F.D. Feagin, as recorded in Volume 914, Page 697, said Deed Records; THENCE, North 87049'07" East, along the north line of said 1.00 acre tract, a distance of 185.30 feet to a 3/8" iron rod found for the northeast comer thereof; THENCE, South 02010'53" East, along the east line of said 1.00 acre tract, a distance of 4.05 feet to a 1/2" iron rod found for corner, being the northwest comer of said Feagin Tract No.1; THENCE, North 87049'07" East, along the north line of said Tract No.1, a distance of 627.25 feet to a fence post for corner, being at an angle point in the west line of said Richards tract; THENCE, North 01006'35" East, along the east line of said Richards tract, a distance of297.26 feet to a 1/2" iron rod found for corner, being the southwest corner ofa called 1.00 acre tract described in deed to David L. Tyler and wife, Esther M. Tyler as recorded in Collin County Clerks File No. 95-0082463; THENCE, South 88037'42" East, along the south line of said Tyler tract, a distance of 149.61 feet to a 1/2" iron rod found for comer; THENCE, North 01002'04" East, along the east line of said Tyler tract, a distance of290.67 feet to a point in the centerline of Stone Road, from which a 1/2" iron rod found for reference bears South 01002'04" West, 32.15 feet; THENCE, South 88059'21" East, along the centerline of Stone Road, same being the north line of said West Survey, a distance of651.48 feet to a point for corner; THENCE, along centerline of a creek the following: South 16027'39" East, a distance of 57.46 feet to a point for corner; South 47011' 43" East, a distance of 65.63 feet to a point for corner; South 43036' 17" East, a distance of 124.60 feet to a point for corner; South 29018'38" East, a distance of68.15 feet to a point for corner; THENCE, South 88054'01" East, leaving said creek, a distance of99.06 feet to a point for corner in another branch of creek; THENCE, along centerline of said branch, the following: South 58034'23" East, a distance of 104.07 feet to a point for corner; South 08000'39" East, a distance of 161.84 feet to a point for corner; South 43044'54" East, a distance of53.83 feet to a point for corner; South 19034'30" East, a distance of31.24 feet to a point for corner; South 49037'59" East, a distance of27.57 feet to a point for corner; South 01009' 12" West, a distance of22.25 feet to a point for corner; South 22001 '47" East, a distance of 48.57 feet to a point for corner; South 23000' II" East, a distance of95.60 feet to a point for corner; South 17020'52" East, a distance of60.80 feet to a point for corner; South 14046'36" East, a distance of63.07 feet to a point for corner; South 27012'28" East, a distance of 50.89 feet to a point for corner, said point being the Northwest corner of called 106.92 acre tract as described as "IV" in aforesaid Executor's Deed; THENCE, South 88042'41" East, along the North line of said called 106.92 acre tract and generally along a meandering barbed wire fence line, a distance of2649.46 feet to a 1/2 inch iron rod set for comer, from which an old barbed wire fence corner post bears, North 00043'01" West, a distance of 4.8 feet; THENCE, North 00038'39" East, a distance of877.52 feet to a 1/2 inch iron rod set, being the south line of Stone Road, and the northeast comer of a tract ofland described in deed to Raymond T. Baez as recorded in Volume 1024, Page 675, said Deed Records; THENCE, South 88039'20" East, 1663.07 feet with south line of said Stone Road to a 1/2 inch iron rod set, being the northwest comer of a tract ofland described in deed to David and Linda Jones as recorded in County Clerk File No. 91-0069924, said Deed Records; THENCE, South 00012'04" West, 1825.54 feet to a 1/2 inch iron rod set, being the easterly northeast comer of a tract ofland described in deed to Birmingham Memorial Land, Trust as recorded in County Clerk File No. 97-0032430, said Deed Records; THENCE, South 00023' 14" West, generally along a meandering barbed wire fence line in heavy brush, a distance of2515.82 feet; THENCE, South 00015'12" West, a distance of 404.43 feet to the POINT OF BEGINNING, containing 475.80 acres of land, more or less. Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Bozeman Farms Estates Zoning Case # 2002-19 Planned Development Requirements: I. Statement of Purpose: The purpose of this Planned Development District is to permit the development of BOZEMAN FARMS ESTATES. II. Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance as adopted and amended, except as specifically provided herein; m. General Regulations: All regulations providing for a Village Center District as set forth in Section 3.3 Village Residential Districts and Section 4.1 Village Center Non-Residential Districts of the currently pending Comprehensive Zoning Ordinance are included by reference and shall apply, except as otherwise specified under the special provisions hereunder. The conditions contained herein and the conditions of the currently pending Comprehensive Zoning Ordinance, which are not amended by this Planned Development, shall constitute all the zoning requirements applicable to this Planned Development. IV. Development Plan: Development shall be in conformance with the Development Plan attached herewith; however, in the event of conflict between the Development Plan and the written conditions of this ordinance, the written conditions shall apply. The Development Plan shall serve as a Preliminary Plat for each phase of future development. Site plans shall be submitted for review by the Planning and zoning Commission with the submission of final plats for all future multi-family residential and nonresidential development. v. Specific Regulations: 1. General Residential Regulations 1. Density: The maximum number of Single Family Dwelling units permitted in this Planned Development shall not exceed 1,350 S.F. Units. The gross area density of the Multi-family Dwelling Units shall not exceed 250 M.F. Units. The Planned Development shall not exceed an average gross density of 4.0 dula. If the multi- family site is developed as single family then the gross area density of single-family units may be increased to 1,395 units. 2. Lot Mix: A maximum of25% of the Single Family lots will not be less than 6,000 sf; a maximum of35% of the Single Family lots will not be less than 7,500 sf; a minimum of 40% of the Single Family lots will be not less than 8,500 sf For the purposes of determining these percentages, all calculations shall be on a cumulative basis. 3. Minimum Average Lot Area: The minimum average lot area shall not less than an average of 7,630 sf 4. Alleys shall not be required as part of this Planned Development. 5. Distribution of the Single Family Dwelling Unit types (as specified in the following text; Type A, Type B, and Type C) shall be distributed within the development as shown on the Final Plat submitted with each phase. n. Single Family 1. Lot Area: The minimum permitted lot areas are: a. Lot Type "A": 8,500 s.f b. Lot Type "B": 7,500 s.f c. Lot Type "C": 6,000 s.f 2. Lot Width: The minimum permitted lot widths are: a. Lot Type "A": 70 feet b. Lot Type "B": 65 feet c. Lot Type "C": 50 feet 3. Lot Width of Comer Lots: a. Lot Type" A": b. Lot Type "B": c. Lot Type "C": The minimum lot widths of comer lots are: 75 feet 70 feet 5 5 feet 4. Lot Depth: The minimum permitted lot depths are: a. Lot Type "A": 100 feet b. Lot Type "B": 100 feet c. Lot Type "C": 100 feet 5. Lot Depth in Double Front Lots: The minimum permitted lot depths on double front lots are: a. Lot Type" A": b. Lot Type "B": c. Lot Type "C": 120 feet 120 feet 120 feet 6. Minimum Dwelling Unit Square Frontage: The minimum permitted dwelling unit square footages are: a. Lot Type "A": b. Lot Type "B": c. Lot Type "C": 1,700 s.f 1,700 s.f 1,700 s.f 7. Main Structure Front Yard: Front Yard Setbacks within each of the Lot Type Zones may be varied between 15 feet and 35 feet with the following percent of 15 foot setbacks being permitted within any single block: a. Lot Type "A": 50% (15 foot min.) b. Lot Type "B": c. Lot Type "C": 45% (15 foot min.) 3 5% (15 foot min.) 8. Main Structure Side Yard: The minimum permitted side yards are: a. Lot Type "A": 10% lot width (7.0 foot min.) b. Lot Type "B": 10% lot width (6.5 foot min.) c. Lot Type "C": 10% lot width (5.0 foot min.) 9. Main Structure Side yard on Comer Lot: The minimum permitted side yard setbacks adjacent to a street are: a. Lot Type "A": b. Lot Type "B": c. Lot Type "C": 10% lot width (11.25 ft. min.) 10% lot width (10.5 ft. min.) 10% lot width (8.25 ft. min.) 10. Side Yard of Allowable Non-Residential Use: a. Lot Type "A": b. Lot Type "B": c. Lot Type "C": 30 feet 30 feet 3 0 feet 11. Main Structure Rear Yard: The minimum permitted rear yards shall be the lesser of: a. Lot Type "A": 10% lot depth or 20 ft. b. Lot Type "B": 1 0% lot depth or 20 ft. c. Lot Type "C": 10% lot depth or 20 ft. This minimum rear yard is increased to 18 feet where applicable when a garage and drive face the rear yard, serviced by an alley (when alleys are provided). 12. Main Structure Rear Yard on Double Front Lots: The minimum permitted rear yards on double front lots are: a. Lot Type "A": b. Lot Type "B": c. Lot Type "C": 30 feet 30 feet 3 0 feet 13. Accessory Structure Front Yard: Accessory structures shall be located behind the building line of the main structure for all lot types. 14. Accessory Structure Side Yard: The minimum permitted side yard for accessory structures shall be 5 feet for all lot types. 15. Accessory Structure Rear Yard: The minimum permitted rear yard for accessory structures shall be 1 0% of the lot depth for all lot types. 16. Accessory Structure Rear Yard on Double Front Lots: The minimum permitted rear yard for accessory structures on double front lots shall be 25 feet for all lot types. 17. Accessory Structure Side Yard on Comer Lots: The minimum accessory structure side yards on comer lots are: a. Lot Type" J.:': b. Lot Type "B": c. Lot Type "C": 10% lot width (7.5 ft. min.) 1 0% lot width (7.0 ft. min.) 10% lot width (5.5 ft. min.) 18. Accessory Structure Minimum Distance from Main Building: The minimum separation between the main building and an accessory building shall be 5 feet for all lot types. 19. Accessory Structures Building Area: The maximum cumulative building size for accessory structures on any lot shall not exceed 15% of the lot area or 600 s.f maximum. This does not limit amenity centers that are part of a single-family development. 20. Main Structure Height: The maximum building height of any residential main structure shall not exceed 36 feet on all lot types. 21. Accessory Structure Height: The maximum building height of any accessory structure shall not exceed a maximum height of 36 feet or 2 stories on all lot types. n1. MF (Multi-Family District) 1. Lot Area: The minimum permitted lot area for multi-family development is 43,560 gross s.f 2. Lot Width: The minimum permitted lot width for multi-family development is 100 feet (at property line). 3. Lot Width Comer Lots: N/ A 4. Lot Depth: The minimum permitted lot depth for multi-family development is 150 feet. 5. Lot Depth of Double Front Lots: N/A 6. Minimum Dwelling Unit Square Footage: The minimum permitted dwelling unit square footage is: a. Efficiency b. 1 Bedroom c. 2 Bedroom d. 3 Bedroom 600 s.f 750 s.f 900 s.f 1,000 s.f 7. Maximum Density: The Maximum permitted density for multi-family is 15 units per gross acre of multi-family site area. 8. Main Structure Front Yard: The minimum permitted front yard for multi-family development is 30 feet from any property line. 9. Main Structure Side Yard: The minimum permitted side yard for multi-family development is 20 feet from any interior lot line. 10. Main Structure Side yard on Comer Lots: N/A 11. Side Yard of Allowable Non-Residential Use: N/A 12. Main Structure Rear Yard: N/A 13. Main Structure Rear Yard of Double Front Lots: N/A 14. Accessory Structure Front Yard: N/A 15. Accessory Structure Side Yard: N/A 16. Accessory Structure Rear Yard: N/A 17. Accessory Structure Rear Yard on Double Front Lots: N/ A 18. Accessory Structure Side Yard on Comer Lots: N/A 19. Accessory Structure Minimum Distance From Main Building: The minimum permitted separation between the main structure and any accessory structure in a multi-family area is 5 feet. 20. Accessory Structure Building Area: The maximum permitted building area of accessory structures (excluding amenity centers and recreation buildings) is: a. Lots 2 acres or less 10% of lot area or 2500 sf maximum (whichever is less) b. Lots 2 acres or more 5% oflot area or 2500 sfmaximum (whichever is less) 21. Main Structure Building Area: The maximum permitted building area for main structure is as approved on the final development plan. 22. Main Structure Height: The maximum permitted building height for multi-family structures shall not exceed 45 feet or 2 stories. 23. Accessory Building Height: The maximum permitted building height for accessory structures in a multi-family area shall not exceed 40 feet. 24. A building permit for construction of multi-family residential units shall not be issued until 50% of the single-family residential lots are developed. IV. The Village Center non-residential core of the Planned Development shall conform to CR (Community Retail) standards and permitted uses, except as amended below: 1. Height of Main Structure: The maximum permitted height of structures shall not exceed 45 feet. 2. Number of Stories: The maximum permitted number of stories shall not exceed 2 stories. 3. Residential Proximity: Building height in areas of residential proximity shall be limited by a 3: 1 height to setback slope extending from the residential lot line. 4. Front Yard Setback: the minimum permitted front yard setback for non- residential structures is 25 feet. 5. Side Yard Setback: The minimum permitted side yard setback for non-residential structures is 10 feet. 6. Rear Yard Setback: The minimum permitted rear yard for non-residential structures is 10 feet. 7. Lot Coverage: The maximum permitted lot coverage for non-residential development is 50% of gross area. 8. Non-residential Use Adjacent to Single Family: Where non-residential uses are adjacent to a single family lot line with no intervening flood plain, common area, gas easement, power line easement, or open space; the side and rear yards shall be doubled. With landscape screening this setback can be reduced to 10 feet. 9. Non-residential Use Adjacent to Multi-family: Where non-residential uses are adjacent to a multi-family lot line with no intervening flood plain, common area, or open space; the side and rear yards shall be a minimum of 20 feet. With landscape screening this setback can be reduced to 5 feet from the landscape screen line. 10. Service and Loading Areas: Service and loading areas within a non-residential area shall not be visible from the public street or adjacent residential uses. Landscape screening, which provides a contiguous evergreen leaf mass or solid screen walls, can be used to meet this requirement. 11. Permitted uses: Permitted uses in the Village Center of the Planned Development include the uses specified in an NS (Neighborhood Service) District, except as amended in the following: a. General Merchandise or Food Store greater than 5,000 s.f b. Motor vehicle fueling station c. Theater d. Accessory outside sales e. Recreational/Entertainment VI. Single Family and Multi-Family Basic Requirements of the Village Residential District (basic requirements of the Village Residential District are the only basic requirements that apply to the single family and multi-family portions of this Planned Development except as amended below, which replace certain of the Basic Requirement Standards). 1. Village Land Design Requirements: 1. Connection of Open Space to Residential Development: 4-foot walkway along neighborhood streets to single loaded streets paralleling community open spaces and flood plains. 2. Lighting and furnishing along open space and trails: Pole mounted lighting or landscape tree down lighting shall be provided at destinations, activities, and nodal points. Provide total number of benches (with backs) equal to one bench every ~ mile of trail 6 foot wide or wider. Benches can be grouped but the space between benches ( or groupings) shall not exceed % mile. n. Street and Sidewalk Requirements: 1. Sidewalk locations: Both sides of double loaded streets, one side of single loaded streets, continuous at grade pathway. 2. Sidewalk Lighting: Sidewalks paralleling streets shall be illuminated with ambient street lighting. Pedestrian only sidewalks (sidewalks not paralleling streets) shall have pole-mounted lighting or landscape down lighting at destinations and activity centers. 3. Location of required alleys: Alleys shall not be required as part of this Planned Development. However, where alleys are determined necessary by the developer and such alleyways are provided adjacent to major thoroughfares, they shall be screened so as not to be viewed from the public street by either of the following: a. 6 foot masonry wall (including masonry thin wall) b. Landscape buffer (provided in addition to any required rights-of- way). The landscape buffer shall be a minimum of 10 feet wide and planted with evergreen shrubs (3 to 5 foot centers) and trees (equaling one tree per 50 feet of street frontage and planted in naturalized groups or rows 20 to 30 foot centers). Plans for such proposed landscape screens in any phase shall be submitted for review and approval at the time of Preliminary Plat for each phase. 4. Screening of residential units backing onto major thoroughfares: Residential units that back onto a major thoroughfare, shall be screened so as not to be viewed from the public street by either of the following: a. 6 foot masonry wall (including masonry thin wall) b. Landscape buffer (provided in addition to any required rights-of- way). The landscape buffer shall be a minimum of 10 feet wide and planted with evergreen shrubs (3 to 5 foot centers) and trees (equaling one tree per 50 feet of street frontage and planted in naturalized groups or rows with 20 to 30 foot spacing). Plans for such proposed landscape screens in any phase shall be submitted for review and approval at the time of Preliminary Plat for each phase. 5. Village Residential Pedestrian Crosswalks: Crosswalks shall be provided at trail and sidewalk intersections with major thoroughfares and all intersections within the retail area and shall be designated with one of the following (this does not preclude painted crosswalks as required by the City of Wylie): a. Decorative concrete paver b. Brick or stone paving c. Concrete saw cutting and staining 6. Village sidewalk material: Sidewalks in residential areas shall be continuous in color, texture, and scoring pattern. Sidewalks shall be made of broom finish concrete with accent paving only permitted at crosswalks, handicap ramps, activity centers, bridges, rest areas and within the retail area. lll. Architectural Requirements: 1. Exterior material fa~ade material: All single family residential units shall have a minimum of75% of the exterior fa~ade on all sides as brick or stone laid masonry units. Cementitious siding can be used on 25% of the exterior fa~ade. These percentages exclude windows, doors and other openings, and glazing shall not exceed 35% of the front elevation of the residence. Dormers or other elements supported by the roof structure are not required to be masonry. This standard does apply to coordinated block elevations, which are intended to convey an historic style or "village" character (e.g. Traditional Neighborhood Design). 2. Units with same floor plan, same street elevation and varying street elevation: Units with the same floor plan may be repeated provided that the elevations for those floor plans are visibly different. "Visibly different" can be accomplished with differing materials or architectural details. However the same elevation shall not be repeated over block spacing greater than 7 lots skipped both sides of the street. 3. Village residential front entry cover: The developer shall encourage builders to design single-family residential units with usable porches. As a minimum, the front entry of any single-family residential unit, which is the entry facing the street on which the unit is located, shall have a covered front porch with a minimum area of 40 sf and a minimum depth of 4 feet. 4. Roof pitch and materials for all single family units within the Planned Development: All single family residential units shall have a minimum roof pitch of 6: 12, asphalt shingles, and painted plumbing vents, attic vents, and other roof top accessories to match the roof shingle color. No wood shingles are permitted. 5. Garages: A two-car garage shall be required for all Single Family Residences. Attached or detached garages shall be allowed to face the street with no offset from the front facade of the house required for the garage on houses of 2,000 square feet or greater. This provision applies to 100% of the Type "A" lots. VII. Single Family and Multi-Family Desirable Features for Meeting Point Requirements of the Village Residential District (point requirements of the Village Residential District are the only point requirements that apply to single family and multi-family portions of this Planned Development except as amended below which replace certain of the Desirable Feature Standards). i. Pedestrian Linkage to the Village Center: 100% of the units not further than 2,000 feet from a linear park that leads to the Village Center ... ... .., ... .,. ... ... ... ... .. . ... . ., ... ... ... ... ... ... ... ... .. .10 points. ii. Village residential street treatment: Providing specialty accent paving at crosswalks, handicap ramps, activity centers, bridges, and rest areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 points. n1. Units with same floor plan, same street elevation and varying street elevation: Units with the same floor plan and same elevation separated by 9 intervening lots (skipped both sides of the street) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 points. IV. Ifitem "iii" is separated by 1200 feet................... ..20 points. v. Units with same floor plan and different elevation separated by 9 lots skipped same side of the street, 7 lots opposite side.. . . . . . . . . . . .10 points. VI. Ifitem "v" is separated by 1200 feet.................... .20 points. VIII. Non-residential Basic Requirements of the Village Residential District (basic requirements that apply to the non-residential portions of the Village Residential District are the only basic requirements that apply to the non-residential portions of this Planned Development except as amended below which replace certain of the Basic Requirement Standards). i. Site Design Requirement 1. Access Drives: Access drives shall be located at least 150 feet from an intersection except when the site is too small to meet this requirement and alternate means of ingress/egress are approved with the detailed development plan. Access drives shall be part of a village circulation system that ties the commercial area together in a circulation path. There are no other requirements for medians or treatment of access drives. 2. Location of service and loading areas: Service areas and loading areas shall be screened so that they are not visible from a public street or adjacent residential lots. Landscape providing a continuous evergreen leaf mass or solid screen walls can be used to meet this requirement including a masonry screen wall. Landscape screens shall be planted with evergreen trees and shrubs that provide sufficient leaf-mass to accomplish an effective screen. n. Landscape Requirements 1. Landscaping of parking lots: All site plans with required parking in excess of 12 spaces are required to provide a minimum of 24 sf of landscape area for each parking space. Required landscape shall be grouped or arranged so that no parking space is more than 60 feet horizontally/vertically or 85 diagonally from the landscape area. 2. Landscaping of street frontages: In an effort to create a "Village Center Streetscape" that brings the people spaces and retail uses into closer contact with the street, landscape buffers at the street shall be limited when the retail use is setback no greater than 25 feet from the street. This maximum setback shall be extended 20 ft. if the developer provides head-in parking from the street. In these cases, front yard landscaping shall be limited to trees in tree grates, streetscape planters, or small pockets oflandscaping which do not create a visual separation between the street space and the retail space. Tree planting on uniform centers with trees located in tree grates shall be provided and arranged so that they work with the modulation of parking spaces at the street. Tree planting shall not be less than one tree for every 40 feet of property frontage at the street right-of-way. When the retail use is separated from the street by parking (other than street head- in parking), a 10-foot landscape buffer shall be provided. In order to achieve an "urban" space, trees are not required in the landscape buffer due to their conflict with the architecture close to the street and retail signage. In order to achieve an "urban" space walkways shall have a geometry that parallels the street front without the use of picturesque alignment. lll. Architectural Requirements 1. Architectural compatibility: Buildings in the Village Center shall be designed to maintain architectural compatibility with residential architectural of the surrounding areas. Architectural compatibility may be achieved through the use of similar materials and responsive forms (including roof form). IX. Non-residential Desirable Features for Meeting Point Requirements of the Village Residential District (point requirements of the Village Residential District are the only point requirements that apply to the non-residential areas of this Planned Development except as amended below which replace certain of the Desirable Feature Standards). 1. Site Design: 1. Building placement: Individual buildings with footprints no greater 15,000 s.f shall earn................................ ...5 points than 2. Access drives: Any development not able to locate access a minimum of 100 feet from an intersection shall earn an additional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...10 points 3. Location of service and loading areas: Service and loading areas which are not visible from a public street or adjacent residential lot but which provide screening through the use of enhanced landscape (flowering trees and shrubs) or an enhanced masonry wall shall earn an additional . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...10 points n. Landscape: 1. Landscaping of parking lots: Parking lots which exceed 24 sq. ft. of required per space landscape area shall earn... ....5 points for each additional increase in landscape area equal to 1 % of the parking area up to a maximum of 25 points. x. Natural area Desirable Features for meeting point requirements of the Village Residential District (point requirements listed below may be applied to the point requirements of the residential and/or non-residential areas but any point credit must be allocated to only one area requirement). i. Enhanced Wetland Preservation: Preservation and restoration and restoration of wetland areas............................................... .10 points per 4 acres ii. Hardwood forest preservation: Preservation of native forest areas and forest (of trees with an 8 in. or greater caliper. . . . . . . . . . . . .10 points per 10 acres habitats iii. Preservation of historical and archeological sites... ... ....... .10 points per site iv. Provision of improved open space......................... .10 points for every 5% of the total site area over 15% v. Trail linkages to destinations outside the development... ... ... .,. ... .20 points vi. Provision of interpretative and educational trails... ... ... .. . ... ....... .10 points vii. Provision of open spaces that implement portions of the comprehensive park plan.................................................. .10 points master The developer shall provide an overall Trail Concept Plan (for all trails within the boundaries of this Planned Development) for all phases with submittal ofa final plat for phase one. The trail Master Plan shall indicate phases of trail development and identify funding sources that may be acquired to implement the plan. XI. Common Area Platting: All non-dedicated/HOA maintained green belts and common areas shall be clearly delineated as such and the acreage shown for each common area on the final subdivision plat. XII. Tree Preservation: Toward the goal of preserving as many existing trees (8 in. caliper or larger) possible, a tree management plan provided by the owner as preserves at least 25% of the riparian tree cover shall be approved by the director of planning prior to commencement of an grading or infrastructure or improvements within the area of this Planned Development. Xli. Landscape Zone: In an effort to preserve the agricultural heritage of the Bozeman Farm, as indicated by the existing fence line trees, the developer shall preserve all hardwood trees with a caliper of8 inches or greater located within an edge zone that extends 3 feet from perimeter property line. XIV. Screening and Landscape: The screening and landscape strip shall be provided along FM 544. A conceptual landscape plan to be provided with the Preliminary Plat. xv. Transition Zone: In an effort to make a land use transition from the existing homes fronting Collin County Road 732, the developer shall establish an edge, one lot deep, oflots along the eastern property line of this development that have a minimum lot size of8,500 square foot and a minimum house size of 2,000 sf XVI. Homeowners Association: Prior to the issuance of a certificate of occupancy for any dwelling unit, a set of bylaws and/or other restrictive and appropriate covenants and/or homeowner's agreement as approved by the City Attorney and duly recorded in the Deed Records of Collin County, to establish and maintain a Homeowner's Association for the ownership and maintenance of all non-dedicated common areas and improvements within the Planned Development District, shall be filed with the Building Inspections Department. XVII. Upon the request of the Wylie Independent School District, the Developer of the Bozeman Farm Estates will meet with the Wylie Independent School Board and propose the following terms for an elementary school site in Bozeman Farm Estates: I. A mutually agreeable site within Bozeman Farm Estates. n. A price for purchase of the property by the district that equals the developer's basis. lll. An area ofland that is not less than six (6) acres or more than twelve (12) acres. IV. A right to exercise an option to purchase the site that remains effective for three years from closing of the property by the developer. The school district will have the right to extend the option period for two (2) years by sending notice to the Developer sixty (60) days prior to its expiration date. Exhibit "C" ~~l. '. . . \S 'l..~ - . . . I i 1'_ ...j' " ~. l' - .~.: =--:.~ '="~ ~ :-'s:~~~.\,~:.:'.~ -.- '-0-'~'::;:;::-: - - ~~~ ~- --7 - - --- --7---- ~ / '7; '\ ~\ - ...... <'1 "" \ ~" - - .. ~ ", · I t - . . 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""., 0':1 ~ H~ ",11 E i: :d ~ i ': ! ~ i~, lit " 1 ~ ~..... !'... 'i~""1 ... i!; f .11 - ,.' " a;..~; .... ... . :~; if: . s; . . II THE WYLIE NEWS tovermg Wylie, Saehse, Murphy and the surrounding area 110 N. Ballard 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_____~t~_~~~~~~_~_~___________________________________________ was published in said newspaper on the following date(s), to-wit: --_____~~~--C------------,2003, and __________________________________. 2003. ---- ------------------------------ Chad Engbrock, owner and publisher Subscribed and sworn to before me this the .~/f. witness my hand and seal of office. day of ~ ,2003 to certify which ADA L. MOONEY Notary Public State ofTexas My Comm. Exp. OHl2-(l7 t#~ (~~ Notary The Public State in and for Texas of My Commission expires tfJ 1- 0,.:2 - 0 7 ORDINANCE 2002-52 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHAl'\TGE THE ZOl'<lNG ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUM- BER 2002-19 TG PLANNED DEVELOP- MENT (PD) DISTRICT CLASSIFICATION; PRO- VIDING FOR THE REPEAL OF ALL ORDI- NANCES IN CONFLICT; PROVIDING A SEVER- AB IUT PKUV llJ1N0 t'UK EFFECTIVE DATE. AND APPROVED THE 10TH DAY OF DECEMBER, 2002. MAYOR. JOHN MONDY ATTEST: BARBARA A. SALINAS 32-1t-339