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hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall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"
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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