Ordinance 2009-31 ORDINANCE NO. 2009-31
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE
NO. 2001-48 OF THE CITY OF WYLIE, TEXAS, BY
AMENDING ARTICLE 6 TO CREATE SECTION 6.4 SOUTH
BALLARD OVERLAY DISTRICT (SBO); AMEND ARTICLE
5 USE REGULATIONS AND TO AMEND THE OFFICIAL
ZONING MAP AS IT RELATES TO DISTRICT
BOUNDARIES; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, 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;
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has
investigated and determined that it would be advantageous and beneficial to the citizens of the City
of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2001-48, Article 6, and Article 5,
creating Section 6.4 South Ballard Overlay District and the Official Zoning Map as it relates to
district boundaries.
NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incorporated. 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, said property
being described in Exhibit "A" (Figure 6-6 South Ballard Overlay Boundaries) attached hereto and
made a part hereof for all purposes.
SECTION 2: Amendment to ZoninS Ordinance No. 2001-48 The City of Wylie's
Comprehensive Zoning Ordinance No. 2001-48 Article 6 and Article 5 are hereby amended as
shown in Exhibit "B" Section 6.4 South Ballard Overlay District (SBO) and Exhibit "C" Section
5.1 Land Use Charts attached hereto and made a part hereof for all purposes.
SECTION 3: Savin$s/Repealing Clause: Wylie's Comprehensive Zoning Ordinance No.
2001-48, as amended, shall remain in full force and effect, save and except as amended by this or
any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby
Ordinance No. 2009-31
Amending Zoning Article 6
South Ballard Overlay
repealed, but such repeal shall not abate any pending prosecution for violation of the repealed
ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall
remain in full force and effect.
SECTION 4: SeverabiGtv: Should any section, subsection, sentence, clause or phrase of
this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is
expressly provided that any and all remaining portions of this Ordinance shall remain in full force
and effect. Wylie hereby declares that it would have passed this Ordinance, and each section,
subsection, clause or phrase thereof irrespective of the fact that any one or more sections,
subsections, sentences, clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Penaltv Provision: Any person, firm, corporation or entity violating this
Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a
sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 6: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
13`" day of October, 2009.
Eric Hogue, Mayor
ATTEST: OF
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Carole Ehrlic City Secretary
Date of ublication in The W lie News —•October 2
Ordinance No. 2009-31
Amending Zoning Article 6
South Ballard Overlay
EXHIBIT "A"
FIGURE 6-6 SBO BOUNDARIES
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c,,, Zoning Ordinance
Section 6.4 SOUTH BALLARD OVERLAY DISTRICT (SBO)
A. Purpose
South Ballard has been identified by the City as a valuable area worthy of rejuvenation as a Mixed Use
district. This section provides minimum development and design standards that will create a unique
pedestrian friendly atmosphere for the citizens of Wylie that expands upon and is compatible with the
architectural character of the Downtown Historic District.
B. Plan Review
1. The requirements and guidelines that follow are minimum standards for development within the SBO.
New development or major renovations will require the submittal of a Site Plan that will be evaluated
by City Staff and the Planning and Zoning Commission to determine merit and applicability of the
proposed development within the overall vision of the SBO. An appeal to the Council of the
Commission's decision may be made if filed by the applicant in writing with the Planning Department
not more than seven (7) days after the date of the action taken by the Commission.
2. For any site or design standard not expressly detailed below, Articles 2, 3, and 4 of this Ordinance
shall apply.
C. District Boundaries
1. The SBO is generally bounded by SH78 on r
the north, Stone Road on the south, the rear
property line or the alley (where applicable) 3 �'"`i •as���..
of those parcels facing Ballard, and the a 9
western lots facing 1 S` Street bordered by SH r
78 and Butler Street. These boundaries are w 3
shown on the map in Figure 6-6 for
informational purposes.
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2. The precise boundaries of the South Ballard
Overlay District shall be shown on the i 'i
official zoning map of the City of Wylie. The �i Q
boundaries of the SBO may be amended
from time to time based on a request from n m g�,
area property owners, a request of the staff,
the Commission, or at the pleasure of the a p i �i
Council. In considering a request for a
change in district boundaries, the Council
shall require: �"•y y
a. Any additions to the district shall be �...A
contiguous to the existing boundaries of
the district;
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b. Any reductions in the district shall be
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located on the edge of the district such F;gure 6-6 SBO Boundaries
that a hole is not left inside the district;
and
Page 1 �TICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
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Zoning Ordinance
c. If requested by a property owner, a petition shall be presented showmg owners of more than 50
percent of the land within the district, excluding streets, and owners of more than 50 percent of the
building sites in the district are in support of the requested change in boundaries.
D. Permitted Uses: See Use Chart in Article 5, Section 5.1.
L Mixed Uses
Residential and Nonresidential uses may be located within the same structure in order to promote a
balanced and sustainable mixed-use environment within the South Ballard Overlay District.
2. Single Family Uses
Detached Single Family dwelling units are prohibited.
3. Multi-Family Uses
Multi-Family uses shall adhere to the following minimum square footage regulations per unit based on
occupancy: 1 Bedroom 800 s.f.; 2 Bedroom 1,000 s.f.; 3 Bedroom 1,200 s.f.
E. Development and Design Standards: Following are the yard, lot and space requirements for each
component within the South Ballard Overlay District, including density, height, lot and unit size.
1. Design Standards- Street and Sidewalk Standards
The purpose of the Street and Sidewalk Standards is to provide for street treatments, pedestrian
sidewalk and crosswalk standards, to provide public access to open space, and to provide
enhancements along pathways. Desired Street and Sidewalk requirements are achieved by projects in
accordance with the following criteria:
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ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS page 2
1�
C, Zoning Ordinance
a. Pedestrian Sidewalk and Crosswalk Standards
i. All Developments shall provide a 10 foot minimum concrete public walkway. Large canopy
shade trees shall be provided at 50 ft o.c. and must be placed a minimum of two feet off the
back of curb. The walkway may be located partially within the property and partly within the
street right-of-way parkway, if applicable. If the building set back is 15 ft from the street, a
Sft landscape buffer shall be provided between the farade of the building and the public
walkway. The landscape buffer shall contain native drought resistant grasses and shrubs.
Minimum size for shade trees shall be 3 inches in caliper and 14 to 16 feet in height at time
of planting. Trees shall match, in species, those of existing development.
ii. Decorative paving, consisting of stamped, decorative concrete or pavers, shall be provided to I
cover a minimum of 25% of the total surface area of the walkway and at all crosswalk entries
of corner lots.
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b. Lighting and Furnishings Along Sidewalks
(1) Benches with backs which meet the city's standard park bench, at a minimum spacing of
one bench per 250 feet are encouraged.
(2) Provide waste receptacles every 250 ft, common throughout.
(3) Provide lighting on trees within public walkway. Lighting shall consist of up-lights and
placed in a way to minimize fixture placement visibility.
c. Mail Boxes
Mail boxes, as provided for a multi tenant building shall be of a Cluster Mailbox Unit (CBU) box
style. The CBU shall be located at the lot line, or as required by the United States Post Office, and
include one slot for every commercial space and one slot for every residential unit. Multiple
CBU's may be used on larger lots as necessary. Mailboxes for single users shall incorporate
architectural features that are compatible with the main structure.
Page 3 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
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C�n oF 11���r Zoning Ordinance
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Figure 6 Cluster Mailbox Units
2. Site Design Standards. The purpose of the Site Design Standards is to provide for building and
parking placement, landscape requirements, access drives and the location of service and loading
areas. Desired Site Design requirements are achieved by projects in accordance with the following
criteria:
a. Building Placement
(1) Buildings shall be placed with their entrance and/or main facade oriented to the street at the
property line or five feet from the property line.
(2) Buildings shall be placed with the rear of the building at least 15 feet from the property
line.
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ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS page 4
1�V
Zoning Ordinance
b. Parking
(1) Within the SBO the first 1,000 square feet of space for each individual use shall be exempt
from providing any required parking. Additionally, a minimum of 50% of all required
parking, in accordance with Article 5 Use Charts of this Ordinance, shall be located on site
as required by specified use. All on site parking shall be placed a minimum of lOft behind
the front farade of the building with a landscape buffer provided. Not more than 140' of
contiguous frontage of parking shall be visible from a street. On site parking shall also
provide spaces for bicycles at a rate of one for every full 25 spaces of required parking.
(2) Alternative materials, such as pavestones, grasspavers, or asphalt can be used for
driveways and parking spaces, subject to approval of the City Engineer.
c. Location of Service Areas and Loading
(1) Service areas and loading areas shall be located in the parking area nearest the rear of the
building.
(2) Service areas shall have a screening wall with gates which prevent visibility from a public
street and use a material, style and colorization that matches the main structure.
d. Landscaping: Desired Landscaping Design requirements are achieved by projects in accordance
with the following criteria:
(1) At least ten percent of the site shall be landscaped and contain an automated subsurface
irrigation system.
(2) Landscaping is required in the front yard and completely along the front property line.
(3) Landscaping is not required in side yards in which a pathway is provided for the purpose of
pedestrian access to the rear areas of the site.
(4) The landscape area shall include shrubs and at least one flowering tree for every 50 linear
feet of planting area in the rear of the building of commercial and mixed-use lots. Trees
may be planted in groves or bands as long as the required number of trees are provided.
Page 5 �TICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
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C�rn of tt� Zoning Ordinance
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ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS page 6
Zoning Ordinance
3. Architectural Standards. In order to provide far a variation in building architecture, new
developments should be designed to reflect the Victarian Architectural Period. The Victorian style is
most recognized as a combination of past architectural types.
a. Architectural Style
(1) Identifying features of the Victorian Era include but are not limited to:
Steeply pitched roaf of irregular shape, usually with dominant front facing
gables
i� Textured shingles to avoid smooth-walled appearance
Partial or full width asymmetrical porch, usually one story high and extended
along one or both side walls
Asymmetrical fagade
i� Variations in facades, building height and rooflines.
(2) Design characteristics should be rich in detail, ornate and designed to achieve a picturesque
effect with dormers, arches and vertical and/or horizontal emphasis with contrasting colors
and textures.
b. Exterior Building Materials
(1) All units shall have a minimum of seventy-five (75) percent of the exterior facade
composed of brick, stone laid masonry units, stone, cast stone, masonry stucco, decorative
concrete, stucco, or masonry fiber cement products. Glazing shall not exceed 40 percent of
the front elevation of the residential component of a mixed-use structure. Wood and vinyl
siding materials shall not be used for primary exterior walls.
(2) EIFS Requirements
i. EIFS systems must include a drainage arrangement to help keep moisture from being
trapped behind the covering.
ii. EIFS only from manufacturers who have a current code evaluation report. (The
evaluation report is evidence that the EIFS manufacturer has met certain
requirements and has fully tested and evaluated its products.)
iii. EIFS only from manufacturers who are members of EIMA. EIMA manufacturer
members are required to adhere to minimum industry and ASTM performance
standards as well as maintain code compliance reports in the areas in which they do
business.
iv. Installation of EIFS only by contractors who are trained and listed by the EIFS
manufacturer.
v. Submittal of EIFS installation cards are required to confirm installation of the EIFS
and sealants in compliance with the EIFS manufacturer's requirements.
Page 7 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
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CiTtt�E��1��f ZoningOrdinance
c. Roofs and Roofing Roofing Materials
(1) All Commercial structures with a pitch greater than 2:12 shall have roofing materials of
architectural grade dimension asphalt shingles, concrete or clay roofing tiles, standing
seam metal roofing, or slate roofing shingles.
(2) All Residential structures shall ha�e architectural-grade overlap shingles, tile or standing
seam metal. Wood shingles are not permitted. Plumbing vents, attic vents, and other
rooftop accessories are to be painted to match the roof shingle color.
d. Repetition of Unit Design Elevations
In order to promote architectural variation a variety of elevations shall be used on all buildings
within the South Ballard Overlay District including the placement of the primary entrances,
parches, number and placement of windows, and other major architectural features. The fa�ade of
each building must contain different building materials, color, or elevation at a minimum of every
50 feet of frontage. In addition, the same material pattern, color, or elevation may not be repeated
within 3 facades on the same side of the street or directly on the opposite side of the street.
Appeals Regarding Material
The Building Official may grant exceptions to the above minimum standards for new construction when
other materials are required to enhance the architecture of the structure. However, if the Planning Director
determines a product does not demonstrate the desired architectural qualities or if the Building Official
determines that a product does not demonstrate the same durability as masonry, the applicant may appeal
that decision to The Zoning Board of Adjustments or the Construction Board, respectively.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS page 8
t�
C', rti �,k �t', Zoning Ordinance
e. Building Bulk and Articulation
(1) Single Family attached, Mixed-Use, and Commercial
i. In order to avoid large blank facades, variations in the facades facing a public street
shall be provided in both the vertical and horizontal dimensions. Therefore, corner
lots must provide the following on all sides adjacent to a street. Buildings may
incorporate decks, upper level setbacks, trellis, dormers and gable roof forms to
achieve articulation.
ii. Entrances to buildings shall be emphasized through providing projections, recessed
areas, canopies, projections in height, or other architectural elements.
iii. Ground floor facades facing a public street shall have display windows, entry areas,
awnings, or other such features along at least 40 percent of their horizontal length.
iv. Cornice at top of facade;
v. Display windows with transom windows above and lower window panels below.
vi. Pilasters that divide the facade vertically and separate the display windows units into
discrete visual elements.
vii. Second floor windows, recessed with multiple lights, lintels, and sills or doors
providing access to a second storey balcony.
viii. Buildings on corners which create a diagonal corner cut with the entrance on the
corner.
ix. Pediments added to the top of the fa�ade.
x. Decorative architectural detailing on or around the cornice, fascia, pilasters, or
around windows.
xi. Use of natural wooden look doors with glass windows.
xii. Projecting canopies and or awnings placed over the ground floor windows and doors.
(2) In all cases all commercial or mixed-use buildings along Ballard Avenue shall have a I
minimum height of thirty feet (30) feet, measured from finish grade to the highest point of
the cornice or to the roof.
Page 9 ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
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C'irt oF 1 ��E Zoning Ordinance
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ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS page 10
Crr� oE ur: Zoning Ordinance
f. Conservation/Sustainability
Each building must comply with the Energy component of the Building Code. However, all
buildings are encouraged to meet the United States Green Building Council (USBGC) standards for
Leadership in Energy and Environmental Design (LEED) certification.
g. Garages (if provided)
Garages shall not be located on or noticeable from the primary street. The primary street would be
the addressed street front. When a three car garage is constructed on a lot in a 2& 1 configuration,
the single car door may face the street. Each garage shall be a minimum of 300 square feet. If
detached, the garage shall be constructed of materials to match the main structure.
h. Address Numbers
All buildings shall have a lighted stone or metal plaque with address beside the main entry of the
dwelling unit. Each fa�ade shall have a unique address with suite numbers applying to individual
units within the building.
i. Outdoor Lighting
All buildings shall have an illuminated standard porch light at the front and rear entry and the front
fa�ade, side and/or rear activity area shall be illuminated by down-light or up-light wired to the
interior.
j. Fencing (If Provided)
(1) Rear yard fences shall be permitted to a height of 8 feet maYimum and constructed of wood
with metal posts and rails to the inside.
(2) Pressure treated wood is prohibited.
(3) Front yard fences shall be permitted to a height of 3 feet maximum with 50 percent
transparency constructed of wrought iron or a 3' high m�imum rock wall or other natural
building material, or masonry columns with wrought iron connectors.
F. Additional Provisions:
l. Refer to Section 6.3.E.6 of this Ordinance for Sign Regulations.
2. Refer to additional requirements in Article 7, General Development Regulations.
3. Refer to Article 9, Nonconforming Uses and Structures for additional requirements related to uses and
structures existing prior to the adoption of this ordinance.
Page 11 �TICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
EXHIBIT "C"
USE REGULATIONS
SECTION 5.1 LAND USE CHARTS
Buildings, structures and land shall be used only in accordance with the uses permitted in the following
Land Use Tables, subject to all other applicable requirements of this ordinance.
FIGLIRE 5-1 INTERPRETATION OF LAND USE CHARTS
S bol Meanin
"P" The use is permitted as a principal use in that zoning district by
right. Additional requirements for this use may be required and are
listed in Section 5.2 Listed Uses, Additional Provisions.
"P*" The use is permitted, however special provisions are required
when located in this district. These provisions are listed in Section
5.2 Listed Uses, Additional Provisions.
"S" The use is permitted in that zoning district only after first
obtaining a Special Use Permit (SUP) as set forth in 5.4 Special
Use Permits.
"T" The use is permitted in that zoning district only after first
obtaining a Temporary Use Permit (TUP) as set forth in Section
5.5 Temporary Uses.
A blank square means that the use is not allowed in that zoning
district as a rinci al use.
Page 1
FIGLJRE 5-2 DISTRICT ABBREVIATIONS
ABBREVIATED ZO1vING DISTRICT NAME
DESIGNATION
Low-Densi Residential Districts
AG/30 A icultural District
SF-lA/30 Sin le Famil 1 Acre
Medium Densi Residential Districts
SF-20/26 Sin le Famil 20 District
SF-10/24 Sin le Famil 10 District
Hi h-Densi Residential Districts
TH Townhouse District
MF Multifamil District
MH Manufactured Home District
Commercial Districts
NS Nei hborhood Services District
CR Communi Retail District
CC Corridor Commercial District
BG Business Government District
Industrial District
LI Li ht Industrial District
HI Hea Industrial District
S ecial Pur ose and Overla Districts
PD Planned Develo ment District
FP Flood lain District
DTH Downtown Historic District
SBO South Ballard Overla District
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�I�e �farmergUille �imeg D�urphy Monitor The Princeton Herald The Sachse News THE WYLIE NEWS
?...g..� 2
STATE OF TEXAS j
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie Orninance No. 2009-31, 2009-32, 2009-33
was published in said newspaper on the following dates, to-wit:
October 21, 2009
�G'
J Chad Engbrock, Publisher
Subscribed and sworn before me on this, the �`�day of G`��?'�'--�� 2009
to certify which witness my hand and seal of office.
�..,,,._....�,.,��,_..�,,..�...�;,._..,n...,..�„�
Notary Public in and for
��p The State of Texas
My commission expires .:3 I��' I_3
RECEivF�
NO V 0 5 2009
�INAN��
Murphy/Sachse/Wylie Office 110 N. Ballard P.O. Box 369 Wylie, TX -444� fax 972-442-4318
Farmersville/Princeton Office 101 3. Main P.O. Box 512 Famiersville, 7'X 75442 972-784-6397 fax 972-782-7023
C)ctober 2 t—' 2, 2009 3C
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