10-16-2001 (Planning & Zoning) Agenda Packet Planning Zoning
Commission
•
Cr 01 Wyllie
October 16 2001
Regular Business Meeting
AGENDA
PLANNING AND ZONING COMMISSION
CITY COUNCIL CHAMBERS WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North Wylie, Texas 75098
Tuesday, October 16, 2001
7:00 p.m.
A Pre-Meeting Session will begin at 6:15 p.m. in the City Manager's Conference Room for
staff/Commission review of Agenda items.
CALL TO ORDER
INVOCATION & PLEDGE OF ALLEGIANCE
CITIZEN PARTICIPATION
CONSENT AGENDA
1. Consider and act upon approval of the Minutes from the October 2, 2001 Regular Meeting.
PUBLIC HEARING AGENDA
1. Hold a public hearing to receive public input and consider a recommendation to the City
Council regarding certain proposed revisions to the Comprehensive Zoning Ordinance and
Official Zoning Map of the City of Wylie, Texas, in compliance with Section 211.006 of the
Texas Local Government Code.
2. Hold a public hearing and consider a recommendation to the City Council regarding a change
in zoning from Agriculture (A) to Planned Development (PD) for Single-Family Residential
and Village Center Mixed Uses, for a 470.00 acre tract of land, being part of those certain
tracts conveyed to Joanne Venderweele, Successor Independent Administratrix, as described
in Executor's Deed as recorded in the Collin County Clerk's File No. 95-0005773 and being
part of those certain tracts described in the deed to George S. Richards as recorded in Volume
775, Page 55, of the Deed Records of Collin County, Texas, and being all of a called 1.00
acre tract described in the deed to F.D. Feagin et ux„ of record in Volume 914, Page 697, of
said Deed Records, and also being all of Tract 2 and part of Tracts 1 and 4 described in the
deed to Jimmie Jane Feagin recorded in Volume 775, Page 58, of said Deed Records, and
being part of a called 2.10 acre tract described in the deed to F.D. Feagin et ux recorded in
Volume 757, Paage 824 of said Deed Records, and being all of that certain tract described in
the deed to Edwin Collins Cook as recorded in the Collin County Clerk's File No. 93-
0039237, and being all of that called 69.25 acre tract described in the Quickclaim Deed to
Silas M. Hart and Charlene H. Hart described in the Collin County Clerk's File No. 96-
0091287, and being situated in the J.G. Jouett Survey, Abstract No. 475, the Allen Atterberry
Survey, Abstract No. 23, and the Aaron West Survey, Abstract No. 979, City of Wylie, Collin
County, Texas. (Zoning Case No. 01-13)
MINUTES
PLANNING AND ZONING COMMISSION
WYLIE MUNICIPAL COMPLEX
2000 Highway 78 North, Wylie, Texas 75098
Regular Business Meeting
October 2, 2001
7:00 pm
Notice was posted in the time and manner required by law and quorum was present.
Commission Members Present: Staff Members Present:
Steve Ahrens Claude Thompson, Planner
Michael George Mary V. Bradley, Secretary
Mike Phillips
Carter Porter
Tony Snider
Gary Wiseman
Commission Members Absent:
William Chapman
CALL TO ORDER
Chairman George called the Regular Meeting to order at 7:00 p.m.
PLEDGE AND INVOCATION
Commissioner Snider offered the Invocation and Commissioner Wisemann led the
Pledge of Allegiance.
CITIZEN PARTICIPATION
No one appeared to speak.
CONSENT AGENDA ITEM
1. Consider and act upon approval of the Minutes from the September 18, 2001
Regular Meeting.
Motion was made by Commissioner Carter, seconded by Commissioner Phillips to
approve the minutes as submitted. Motion passed 6—0.
P &Z Commission
October 2, 2001
Page 2 of 3
ACTION AGENDA
1. Consider a recommendation to the City Council regarding a Final Plat for the
Cimarron Estates Phase II Addition, being all of a certain 58.8922 acre tract of
land, being part of a tract conveyed to Wylie Highway 78 South Joint Venture
according to a deed recorded in Volume 2869, Page 628 of the Deed Records of
Collin County, Texas, being situated in the Francisco De La Pina Survey,
Abstract No. 688, City of Wylie, Collin County, Texas.
Thompson stated that the Final Plat is a 59-acre piece of property, currently zoned Single
Family 8.5/17. The Plat dedicates additional right-of-way widening of Brown and for the
completion of relocation of old Highway 78 as the Anson Parkway through the middle of
the property. Thompson noted that the approved Preliminary Plat provide that since
alleys be waived and requires developer-installed fencing along Brown and brick
columns with wrought iron fencing at the cul-de-sac's along Anson. The Preliminary
Plat Phase I was approved by the City Council on May 1, 2001. Commissioner George
asked if there were changes from the Preliminary Plat to the Final Plat. Thompson stated
that there were no changes; the Final Plat is the same as the Preliminary Plat.
Commissioner Carter requested clarification of the location of the site. Thompson stated
that the Location Map on the Final Plat is incorrect, and the property is located to the
east/right of the shaded area. Commissioner George asked if Staff was satisfied with the
waiver of alleys. Thompson stated that the Plat conforms with the approved Preliminary
Plat which specifies that the alleys shall be provided except for those lots on the south
which back on to Brown Street, those on the north which back on to the business-zoned
properties fronting new State Highway 78, and those on the east which back on to the
adjoining undeveloped property which is within unincorporated Collin County and not
subject to City of Wylie.
Commissioner Ahrens made the motion, seconded by Commissioner Porter, to
recommend approval on the Final Plat with stipulation of the waiver of alleys, the
provision by the developer of a wood screen fence along Brown and masonry columns
and wrought iron fencing at the cul-de-sacs abutting Anson Parkway. Motion passed 6 —
0.
2. Consider a recommendation to the City Council regarding a Final Plat for the
Wylie United Methodist Church Addition, being all of a certain 15.00 acre tract
described in a deed to the Wylie United Methodist Church recorded in Volume
7386, Page 2560 of the Real Property Records of Collin County, Texas, being
situated in the William Patterson Survey, Abstract No. 716, City of Wylie, Collin
County, Texas.
Thompson stated the Final Plat would create a single 15.00-acre lot for church related
uses. The applicant plans to develop a multi-building complex, constructed in several
phases. The Final Plat also dedicates additional right-of-way for the future widening of
P &Z Commission
October 2, 2001
Page 3 of 3
McMillen and Country Club Roads. Thompson reported that the Final Plat conforms
with the approved Preliminary Plat. Commissioner Phillips requested that the name of
the William Patterson survey be spelled correctly.
Commissioner Ahrens made the motion, seconded by Commissioner Snyder to
recommend approval on the Final Plat as submitted. Motion passed 6—0.
Commission was adjourned at 7:20 p.m. to reconvene for a work session.
WORK SESSION
1. Discuss article "Neighborhood Character and Rezoning" and appropriate
philosophy for rezoning decisions.
Thompson reviewed the article pointing out the importance of having a current
Comprehensive Plan especially designed for current and future regulation of land uses
and specific reasons provided for Commissioners' decisions. He recommended
Commissioners review the article for support for their review of requested rezoning.
ADJOURNMENT
Motion was made by Commissioner Porter, seconded by Commissioner Ahrens, to
adjourn. Motion passed 6-0, and the meeting was adjourned at 7:38 p.m.
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Michael George, Chairman M. V. ;radley, Secret
titt tif Wylie
Public Hearing Item No. 1
Proposed Revision of the
Zoning Ordinance and Zoning Map
Planning and Zoning Commission Public Hearing: October 16, 2001
Applicant: City of Wylie
Issue: Receive public comment and consider a recommendation to
the City Council regarding adoption of certain proposed
revisions to the Comprehensive Zoning Ordinance and
Official Zoning Map for the City of Wylie
Background:
Zoning is one of several legal land use control tools available to municipalities for the purpose of
promoting the public health, safety, morals and general welfare, and is primarily intended to
achieve the City's long-range development goals, to provide adequate infrastructure and services
and to guard against nuisances and damages caused by incompatible land uses. Municipalities in
Texas are given the authority to adopt and administer local zoning by Title 7, Subsection A,
Section 211 of the Texas Local Government Code.
The City of Wylie first adopted zoning regulations in 1962, and significantly revised these in 1974
and 1985. The 1985 version of the text is currently in use, although with several minor revisions
throughout the intervening years. The last major revision to Wylie's Zoning Ordinance occurred
in June of 2000, when new designations and requirements for residential districts were adopted.
The current zoning map was adopted in 1991 and has been revised regularly in response to
considered requests of individual property owners.
Revision of the Zoning Ordinance and Map
The State enabling legislation requires that zoning regulations must be adopted in accordance with
a comprehensive plan. Wylie adopted a revised Comprehensive Master Plan in July of 1999,
which recommended certain changes in the pattern and character of local development. These
changes in the Plan guided the 2000 revision of the residential regulations of the Zoning
Ordinance and support the currently proposed revision of nonresidential regulations.
Public notification of these proposed revisions to the Zoning ordinance has been made in the time
and manner required by State law. Notice of the public hearing was published in The Wylie News
and mailed to all property owners with the City of Wylie. No Public Comment Forms have been
returned at the time of this posting.
Financial and Other Considerations:
NA
Staff Recommendation:
Recommend that the City Council adopt the revisions to the Zoning Ordinance and Map as
proposed.
The Department's of Planning, Development Services, Public Works, and Fire concur with this
recommendation.
Attachments:
Revised Text and Map have been distributed earlier.
A PRIMER ON ZONING IN WYLIE
By Claude Thompson
A. HISTORY AND AUTHORITY FOR ZONING
Zoning is only one of several legal administrative tools available to local governments to
control the use of private land in order to achieve long range public planning goals.
Although zoning is probably the most visible of these tools, it is also yet possibly the
least understood and, therefore, often the most controversial.
The power of municipalities to zone private property to restrict certain uses and require
certain standards of development is derived from the general"police power"; that
inherent right of a government to restrict an individual's conduct in order to protect the
health, safety and welfare of the community at large. The right of governments to zone is
well established in American law, as are the appropriate procedures required to assure
protection of private rights and"due process" of law. Unlike older, incident-specific
nuisance-correction law, zoning makes it possible to anticipate potentially obnoxious
private land use activities in advance of their effects on other properties and to control
these negative impacts over large areas of the community simultaneously. Unlike
eminent domain, individual private landowners need not be financially compensated for
limitations imposed by zoning to achieve the collective public good.
Zoning is uniquely an American process, first used in the early 1900's in New York City
to restrict commercial establishments along Fifth Avenue from expanding into adjoining
residential areas. During the Hoover administration, the U.S. Department of Commerce
widely distributed the"Standard State Zoning Enabling Act", and this model legislation
has at some time been adopted by every one of the fifty states, including Texas. This has
helped not only to provide support for the general concept of zoning, but also to
standardize a common philosophy and procedures from state to state.
The basic legal test of zoning was established in the case of the City of Euclid, Ohio vs.
Amber Realty in 1927, in which the U.S. Supreme Court first upheld the constitutionality
of zoning. This case restricted a site-specific industrial use (a brick factory located at its
clay extraction quarry) from operating adjacent to residences—which had been developed
after the factory. Since Euclid, numerous variations and methods of the basic zoning
concept have been tested in local, state and federal courts and in the vast majority of
cases the legalities of zoning have been clearly established.
Municipalities in Texas are given the authority to practice zoning by Title 7, Subsection
A, Sections 211.001 through 211.015 of the Texas Local Government Code. This
legislation closely follows the old Standard Enabling Act. Interestingly, in Texas, the
basic right of localities to enact and administer zoning has never been specifically tested
in court, although case law is well established for numerous specific practices of it.
The Texas enabling legislation is permissive; that is, it does not require municipalities to
adopt and administer zoning but rather gives each individual locality the authority to
decide whether or not to do so. Many smaller communities have not as yet adopted
zoning, and Houston has historically elected not to use zoning, in favor of other types of
development controls, and is the largest municipality in the Nation that does not have
zoning. The stated general purpose of the zoning enabling legislation is "to prevent the
overcrowding of land"and other related problems by the restriction of various
"compatible" uses to those locations or "districts" which reflect a"peculiar suitability"to
support such uses. Besides the geographic distribution of uses, zoning also regulates the
size and height of buildings and the percent of land which may be occupied by the use,
thereby controlling the density or intensity of use. Legally, the division of these various
uses "shall be made in accordance with a comprehensive plan", and regulations "shall be
uniform for each class or kind of building throughout each district, but regulations in one
district may differ from those in other districts". Therefore, a local zoning ordinance
must consist of both a map showing the extent of the districts wherein the various uses
are allowed and of a text explaining the development standards required in each of these
districts. The courts have ruled that zoning must be both geographically and functionally
comprehensive; that is, it must cover the entire jurisdiction of the municipality and it
must make some accommodation for all types of uses and development.
In its function of guiding development toward the preferred future envisioned by the
adopted comprehensive plan, zoning is generally used in cooperation with other public
regulatory devices. The legal authority for the subdivision of land is older and, unlike
zoning, is mandatory, but it is the zoning district requirements which establish the
standards for minimum lot and building sizes for the platting of land under subdivision
regulations. Building codes govern the design, construction and maintenance or
structures, detailing the general design and construction requirements established by
zoning. Zoning regulations also help to protect lands needed for parks and open space,
and limit development within hazardous areas such as floodplains. The local
thoroughfare plan, community facilities plan and capitol improvements program help to
guide the location and sizing of public developments and services (streets, water and
sewer, power, schools and public safety) required to support the intensity of uses
envisioned by the comprehensive plan,just as zoning guides the private development
aspects of that plan.
B. HOW ZONING IS ACCOMPLISHED
Texas zoning enabling legislation not only authorizes the use of zoning, but also dictates
the procedure communities must follow should they elect to adopt and administer zoning.
The City of Wylie adopted its first zoning ordinance in 1962, and significantly revised
these zoning regulations and administrative procedure in 1974 and 1985. The 1985
version is currently in use, although it has had minor revisions in 1987, 1989 and 1991.
The last major revision to Wylie's Zoning Ordinance occurred in June of 2000, when
new requirements for residential districts were adopted.
Although the local governing body(i.e.; Wylie's City Council) maintains the final
authority and responsibility for zoning matters, Texas law also requires that they appoint
a citizen zoning commission to provide the necessary preliminary planning, to
recommend the appropriate locational patterns and development standards of zoning
regulations, and to manage the implementation of the adopted zoning ordinance. The
Wylie Planning and Zoning Commission serves all of these functions, and it is common
for planning and zoning functions to be placed within such a single body. Wylie's
Planning and Zoning Commission is composed of sever members; one member appointed
by each Council member. It is duty of this Commission to interpret specific development
requests against the requirements of the zoning ordinance, as well as to recommend
amendments to the ordinance in response to changing conditions, technologies and
policies over time. Although the Planning and Zoning Commission advises the Council
on these matters, the final decision of the appropriateness of all zoning rests by law with
the Council. Wylie's Planning and Zoning Commission meets on the first and third
Tuesdays of each month, in meetings advertised and open to the public.
At the discretion of the local Council, Texas law permits the establishment of a second
group known as the Zoning Board of Adjustment. The Board of Adjustment is a judicial
body, and appeal of its decisions are to the District Court. It is the duty of this Board to
hear and decide special exceptions and variances from the strict terms of the Zoning
Ordinance, where its literal enforcement will result in some unnecessary hardship and
where the decision is not contrary to the spirit of the ordinance or to the local public
interest. The Board of Adjustment also hears and decides any appeals by parties felt
grieved by other actions of the Planning and Zoning Commission. Wylie's Board of
Adjustment has five members and two alternates, and meets when variances are
requested on the last Monday of each month.
As stated above, the local zoning process first requires the formulation of a
"Comprehensive Plan" or master development plan and policy for the municipality. The
most common form of such plans is the geographic presentation of a future land use map,
but the plan may also be a written statement of the accepted philosophy for local growth.
The Comprehensive Plan for Wylie was adopted in July of 1999, and the Future Land
Use Plan recommended changes in development patterns and requirements which now
dictate revisions to the Zoning Ordinance. The courts have ruled that the community
plans supporting zoning cannot be arbitrary or discriminatory, but must be based upon a
rational investigation of the suitability of the land to support the various uses for which
they are zoned. The Planning and Zoning Commission is responsible for monitoring the
implementation of the Comprehensive Plan as well as recommending its periodic
updating to the City Council. It is likely that Wylie's Plan will be restudied and some
revisions recommended in relation to revision of the Zoning Ordinance.
The entire zoning process must be carried out in a manner that allows the full expression
of the citizens that may be affected by its regulations and interpretive decisions. The
initial adoption of the land use map and development requirements as well as every
individual change in zoning of specific parcels of land requires citizen notification and
review beyond the elected Council and appointed Commission and Board. Texas
enabling legislation specifies certain public hearings prior to the adoption or change of
local zoning ordinances, and notification of these hearings and their purposes must be
published in the designated official local newspaper. A detailed notice must also be sent
by mail to all property owners within 200 feet of the property on which the change in use
is proposed, and within specific time limits of the law. All meetings of the City Council,
Planning and Zoning Commission and Board of Adjustment, wherein such decisions are
made, must be open for public discussion.
C. PROPOSED REVISIONS TO THE WYLIE ZONING ORDINANCE
The Comprehensive Plan adopted in 1999 incorporates different terminology for various
land uses than does the current Zoning Ordinance, and the proposed changes to the
Zoning are intended to correct this discrepancy. However, the proposed changes to the
Zoning Ordinance and Map are designed to transition to the nearest current district and
regulations, resulting as limited change in the allowed uses and development
requirements as possible. For example, the old Single-Family—2 District required a
minimum lot size of 8,500 square feet and this district is now called Single Family—8.5.
The old Office and Retail Districts accommodated convenience goods, and these uses are
now called the Neighborhood Services District. The uses of the old heavier commercial
districts of Business— 1 and Business—2 are separated into either Community Retail
which provides shoppers goods or Corridor Commercial for services which depend more
on access to major thoroughfares. The new Business Center district providing for office-
warehouse and light assembly uses and Industrial district for more traditional heavily
assembly and manufacturing operations replaces the single old Industrial district.
One of the common arguments against zoning as normally practiced by communities is
that its requirements are too rigid can lead to design monotony. The proposed revisions
to the Wylie ordinance, on the other hand, provide a flexible system which provides
much greater choice in achieving desired development goals. Each type of land use has
certain minimal requirement which all applicants must meet, as well as certain additional
characteristics which they may choose to incorporate in order to achieve a given required
number of points.
D. ARGUMENTS COMMONLY PRESENTED IN FAVOR OF ZONING
• It protects the rights and needs of the total community that cannot be as fully
anticipated by individual development decisions on individual tracts.
• Its regulations provide a common basic standard of performance for all land
developers, eliminating any economic advantage for substandard techniques.
• It provides a tool for the eventual implementation of a comprehensive plan,
helping municipalities grow in an orderly and anticipated pattern that can be
adequately served by public services.
• It controls nuisances through the anticipation and reduction of such impacts as
noise, drainage, fumes, traffic congestion, and other potential conflicts.
• It eliminates conflicts of incompatible land uses through the grouping of
similar uses or those that have similar impacts.
• It protects lands best suited for residential use and controls densities so that
schools, parks, thoroughfares and utilities can be better anticipated and sized.
• It protects lands best suited for commercial and industrial uses, securing the
economic vitality of the community and assuring employment as well as
goods and services for its population.
• It allocates vacant lands to the most appropriate use and greatest need of the
total community in order to control oversupply of various and inefficient and
uneconomical development.
• It provides a reasonable assurance to land owners of the use of adjoining
lands, thereby reducing conflicts and protecting property values.
• It provides for adequate citizen input to assure that municipal development is
compatible with majority community philosophies and interests.
E. ARGUMENTS COMMONLY PRESENTED AGAINST ZONING
• It adds additional government review by staff and non-elected commissions
that are not directly responsive to the electorate, adding costs and requiring
taxes.
• It adds additional costs and time to the private development process.
• It encourages artificial values of land, based on anticipated rather than actual
use and improvements or productivity.
• It is duplication of other public development controls (such as subdivision
platting and building codes), and even of normally acceptable development
practices.
• Its development control objective can be provided through private deed
restrictions.
• It can be too rigid or restrictive and can lead to design monotony.
• It can be dictated by special interest groups to enforce some views and
exclude others.
• It limits individual property owners' inherent rights to use property, as they
consider best.
PUBLIC COMMENT FORM
FOR
PROPOSED CHANGES TO THE ZONING ORDINANCE AND MAP
The Planning and Zoning Commission and City Council of the City of Wylie will hold
the following public hearings to consider proposed revisions to the Comprehensive
Zoning Ordinance and to the Official Zoning Map of the City of Wylie.
Planning & Zoning Commission: Tuesday, October 16, 2001, 7:00 PM
City Council: Tuesday,November 13, 2001, 6:00 PM
in the
Council Chambers of the Municipal Complex
2000 Highway 78 North, Wylie, Texas
Anyone unable to attend the public hearing but wishing to make their opinions a part of
the public record may submit written comments, on this form or other appropriate
stationary, complete with name and address as well as the address or tax identification of
the property owned, to the following address. Telephone comments will not received.
City of Wylie, Planning Department
2000 Highway 78 North Wylie, Texas 75098
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PUBLIC COMMENT FORM
FOR
PROPOSED CHANGES TO THE ZONING ORDINANCE AND MAP
The Planning and Zoning Commission and City Council of the City of Wylie will hold
the following public hearings to consider proposed revisions to the Comprehensive
Zoning Ordinance and to the Official Zoning Map of the City of Wylie.
Planning & Zoning Commission: Tuesday, October 16, 2001, 7:00 PM
City Council: Tuesday, November 13, 2001, 6:00 PM
in the
Council Chambers of the Municipal Complex
2000 Highway 78 North, Wylie, Texas
Anyone unable to attend the public hearing but wishing to make their opinions a part of
the public record may submit written comments, on this form or other appropriate
stationary, complete with name and address as well as the address or tax identification of
the property owned, to the following address. Telephone comments will not received.
City of Wylie, Planning Department
2000 Highway 78 North Wylie, Texas 75098
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PUBLIC COMMENT FORM
FOR
PROPOSED CHANGES TO THE ZONING ORDINANCE AND MAP
The Planning and Zoning Commission and City Council of the City of Wylie will hold
the following public hearings to consider proposed revisions to the Comprehensive
Zoning Ordinance and to the Official Zoning Map of the City of Wylie.
Planning & Zoning Commission: Tuesday, October 16, 2001, 7:00 PM
City Council: Tuesday,November 13, 2001, 6:00 PM
in the
Council Chambers of the Municipal Complex
2000 Highway 78 North, Wylie, Texas
Anyone unable to attend the public hearing but wishing to make their opinions a part of
the public record may submit written comments, on this form or other appropriate
stationary, complete with name and address as well as the address or tax identification of
the property owned, to the following address. Telephone comments will not received.
City of Wylie, Planning Department
2000 Highway 78 North Wylie, Texas 75098
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Public Hearing Item No. 2
Rezoning 01-13
Bozeman Farms Estates
Planning and Zoning Commission Meeting: October 16, 2001
Owner: Birmingham Memorial Land Trust,
Edwina Cook, Jimmie Jane Feagan,
and George Richards
Applicant: Reality Development Trust
Location: South of Stone Road (C.R. 382) and north of Beaver Creek
Road (C.R. 1105), East of W.A. Allen Road (F.M. 544 and
west of Shoreline Drive (C.R. 732)
Existing Zoning: Agriculture (A) District
Requested Zoning: Planned Development (PD) District for Single-Family
Residential for 6,000, 7,500 and 8,500 square foot lots) and
Village Center mixed uses (Multifamily Residential and
Community Retail), as well as common open spaces
Summary:
The applicant is requesting rezoning of the subject 470 acres in order to permit a master planned
multi-use community comprising single-family residential neighborhoods of varied densities,
multifamily residential apartments, retail uses and private open spaces. The proposal is intended
to create a Village Center community as defined by the Comprehensive Plan, and, through such
comprehensive planning and coordinated design, better address several development constraints
of the property.
01-13, Bozeman Farms Estates PD
The subject property was annexed into the City of Wylie as three separate tracts between April
and September of 2001. Except where the subject property adjoins W.A. Allen and Stone Roads,
all of the lands abutting directly on to the subject property on all sides remain within
unincorporated Collin County and are not subject to the development regulations of the City of
Wylie. These adjoining properties are generally sparsely developed in scattered rural acreage
patterns, and are not platted except for the Country Roads Addition in the northwest corner of
Stone and Troy Roads, the Beaver Creek Addition east of Beaver Creek Road and Shoreline
Drive, and the Hillside Bay Mobile Home Park west of Shoreline Drive.
The Concept Plan of the Planned Development District illustrates a centrally-located retail Village
Center, surrounded by residential neighborhoods of varied densities, linked by parkways and open
space corridors. A rural roadway circulation pattern focuses the community inward toward the
Center, with limited points of access/egress to and from exterior regional streets. The subarea
components will be designed and constructed in complementary phases. Of the total 470 acres,
approximately 65% will be developed as single-family residential lots and 30% will remain in
undeveloped open space. The 10 acre Village Center can ultimately accommodate as much as
200,00 square feet of neighborhood service-oriented offices and retail. See the attached
Conceptual Development.
The Development Conditions of the Planned Development District establish a maximum number
of residential dwellings of 1,350 single-family units and 250 multifamily units, or a total of 1,395
units if single-family dwellings are developed in place of the multifamily dwellings. Residential lot
sizes range from 6,000 square feet to 8,500 square feet, allowing 80% to be 7,500 square feet or
smaller. The proposed minimum house size for the 8,500 square feet lots be 1,700 square feet
and 1,500 square feet for on the 7,500 and 6,000 square feet lots. The PD requirements are a
modification of the regulations of the Zoning Ordinance's recently-adopted residential and the
currently proposed nonresidential regulations, with certain other variances. They are designed to
provide an overall unified development pattern while encouraging individuality and choice within
the neighborhoods. See the attached Conditions of the Planned Development District.
Public Comment Forms were mailed to fourteen (14) property owners within 200 feet of this
request. One Comment Form AGAINST the proposal has been returned at the time of posting.
Issues:
1. The stated purpose of a Planned Development District is to provide for the combining and
mixing of uses and regulations allowed in various zoning districts and to permit flexibility and
innovation in the use and design of land and development. The large size and mixed-use
intent of this request, and the several potential constraints to development imposed by the site
itself, support its rezoning by a coordinated PD rather than separate zoning categories.
01-13, Bozeman Farms Estates PD
2. The Village Center concept of the Comprehensive Plan focuses residential uses around a
central commercial/institutional core. Higher-density residences, including smaller-lot single-
family detached or attached dwellings or multi-family dwellings, are to be located nearest to
the nonresidential Village Center to encourage pedestrian access. Lower-density residential
uses are to radiate outward from this central core, decreasing in density as distance from the
Village Center increases. The Comprehensive Plan recommends a Village Center concept for
the eastern half of subject property, with the retail Village Center to be located at the
intersection of Stone Road and Shoreline Drive surrounded by 8,500 square feet single-family
residential lots. The Comprehensive Plan recommends Suburban Residential, with single-
family lots ranging from 8,500 square feet (1/5 acre) to one acre in size for the properties west
of Troy Road. The subject request to relocate the retail center along Troy Road and surround
it with residential neighborhoods generally conforms to the Village Center concept and
recommendations of the Comprehensive Plan.
3. Nearly 30% of the subject property is within the 100-year and therefore is not available for
development. Major gas and electric transmission lines traverse the property, further
constraining development.
4. The applicant is proposing to develop 302.73 acres or 64.6% of the total property as single-
family residential lots. The Planned Development District limits the total number of single-
family lots to 1,350, of which 80% will be smaller than 8,500 square feet. The minimum
average lot size shall be not less than 7,200 square feet. The PD request proposes to apply
the requirements of the SF-8.5 Single-Family District, with the following modifications:
Development Proposed Required Minimums
Condition Requirement for SF-8.5 District
Lot Area Type A: 20%@ 8,500 sq. ft.min. 8,500 sq. ft.
Type B: 45%@ 7,200 sq. ft. min.
Type C: 35%@ 6,000 sq. ft.min.
Lot Width Type A: 70 ft. 70 ft.
Type B: 65 ft.
Type C: 50 ft.
Front Yard Vary between 15 ft. and 35 ft 25 ft.
Type A: 50%may be 15 ft.
Type B: 45%may be 15 ft.
Type C: 35%may be 15 ft..
Rear Yard 10%of lot depth 30 ft.
10 ft.,as min. depth is 100 ft.
Side Yard 10%of lot width 10 ft. current 7 ft. proposed
Same for corner lots 25 ft. for corner lots _
Dwelling Size Type A: 1,700 sq. ft. 1,700 sq. ft.
TypeB&C: 1,500 sq. ft.
Exterior Wall Material 75%brick or stone laid units or 100%, limited to brick or stone
cementacious siding
Accessory Building 36 ft. or 3 600 sq. ft.
01-13, Bozeman Farms Estates PD
5. The applicant proposes the following modifications to the Basic and Desirable Standard point
system of the SF-8.5 District.
Development Proposed PD Requirement of the
Condition Requirement SF-8.5 District
Residential-Open 4 ft. sidewalk along neighborhood 30 ft. to 50 ft with 4 ft.walk every
Space Connection streets 10 lots.
Trail Lighting& Lighting at destinations&activities Lighting every 200 ft. along trail
Furnishing Benches only on trails<6 ft. Benches on all connector walks
Sidewalks Both sides only on double-loaded Both sides of all street
streets
Pedestrian Crosswalks Painted walks allowed Decorative pavers,brick or stone
Sidewalk Materials Broom finish saw-cut concrete,with 20%to 50%special paving
accent only at crosswalks,ramps
and activity centers
Screening of Lots Masonry wall or landscape buffer Masonry wall only or no lots
Backing to Streets backing onto streets
Building Facade 75 brick or stone units or 100%brick or stone
Materials cementacious
Building Entry Covers 30 sq. ft. 40 sq. ft.
Distance from Village 2,000 feet maximum 1,300 feet maximum
Center
Repeat of Floor Plan 7 lots skipped same or other side 7 required both sides
&Elevation or 9 skipped or w/in 1,200 ft.
6. The applicant is proposing 8.45 acres or 1.8% of the total property to be multifamily
residential, with up to as many as 250 dwellings. This represents a gross density of 30
dwelling units per acre. The PD proposes to apply the requirements of the Multifamily
District with the following modifications.
Development Proposed Multifamily District
Condition Requirement Requirement
Density 18 dwelling units per acre 15 units per acre
Interior Side Yard 15 ft. 20 ft.
Height 45 ft. or 2 stories 40 ft.
Screening of Units Masonry wall or landscape buffer Masonry wall only or no lots
Backing to Streets backing onto streets
Façade Materials 75%brick or stone units 100%brick or stone
or cementacious siding
01-13, Bozeman Farms Estates PD
7. The applicant is proposing 10.11 acres of retail uses, or 2.2% of the total property. Allowed
uses are to be as specified within the proposed Neighborhood Service District (which has not
yet been adopted), except that only the following uses will be permitted:
• General Merchandise or Food Store greater than 5,000 sq. ft. (currently requires SUP)
• Motor Vehicle Fueling Station(currently requires SUP)
• Theater
• Accessory Outside Sales
Other specific variances proposed from the Neighborhood Service regulations include the
following:
Development Proposed Neighborhood Service District
Condition Requirement Requirement
Lot Coverage 50%. 45%
Building Height 45 ft. 36 ft.
Side&Rear Yards 10 ft. with landscape screening or Doubled plus landscape screen
Adjacent to Residential doubled width/depth without screen
6. The applicant proposes the following modifications to the Basic and Desirable Standard point
system of the Neighborhood Service and Community Retail Districts.
Development Proposed PD Requirement of the
Condition Requirement NS& CR Districts
Access Drives from 150 ft. or as approved by detail plan 150 ft. or combined/shared access,
Intersection and no separate medians medians required for developments
<30,000 sq. ft.
Screening of Service& Masonry wall, landscape or other Masonry wall with gates only
Loading Areas screening
Parking Landscaping 8%of total area landscaped 50 sq. ft. of landscape/space
Front Landscaping 40%of the required front yard 50%with trees&sidewalk
Sidewalks Parallel to street front Meandering
Building Size Points if not larger than 15,000 sq. 20,000 sq. ft.maximum with points
ft. if+or< 10,000 sq. ft.
14. Alleys shall not be required as part of this Planned Development District. Approval of the
Planned Development District shall include approval of a waiver of alleys for all future
subdivision plats submitted as a part of the PD.
01-13, Bozeman Farms Estates PD
15. The Conditions of the Planned Development District envision the enhancement of several
natural features of the subject property, and this enhancement is intended to provide additional
Desirable points to residential and nonresidential areas as detailed plans are submitted for
consideration. These features include the following:
• Preservation and restoration of wetland areas, at 10 points per acre.
• Preservation of historic and archeological sites, such as the cemetery, homesteads and
Native American sites, at 10 points per site.
• Trail linkages to destinations outside of the development, at 20 points.
• Provision of interpretive and educational elements along the trail system, at 10 points.
16. A Tree Preservation Manage Plan shall be submitted by the applicant and approved by the
Director of Planning prior to any grading or construction of infrastructure improvements
within the Planned Development District. The goal of this Preservation Plan shall be to
preserve at least 25% of the existing riparian tree cover, 8 inches or larger caliper at a height
of 41/2 feet above the ground.
17. Prior to the issuance of a certificate of occupancy for any dwelling unit, a Homeowners
Association. Shall be established, with City-approved bylaws recorded in the Deed Records of
Collin County. This HOA shall be responsible for the ownership and maintenance of all non-
dedicated common areas and open improvements within the Planned Development District.
18. The applicant is aware that, if the Planned Development District is approved, a Detailed Site
Plan must be approval by the Planning and Zoning Commission and the property must be
platted prior to the issuance of any building permits.
Staff Recommendation:
Approval of the requested rezoning. The proposed is consistent with the recommendations of the
Comprehensive Plan, and the Conditions of the Planned Development District will insure the
quality of development comparable to the proposed requirements of the Zoning Ordinance.
The Departments of Development Services, Public Works and Fire concur with this
recommendation.
01-13, Bozeman Farms Estates PD
Attachments:
Location Map
Conditions for the Planned Development District
Conceptual Development Plan
Notification List and Response Forms
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LO ATI • MAP
ZONING CASE #2001 - 13
CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT
Bozeman Farm Estates
South of Stone Road and East of F.M. 544
Zoning Case 2001-13
Planned Development Requirements:
Statement of Purpose: The purpose of this Planned Development District is to
permit the development of BOZEMAN FARM ESTATES.
II. Statement of Effect: This Planned Development shall not effect any regulation
found in the Comprehensive Zoning Ordinance as adopted and amended, excepted as
specifically provided herein;
III. 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 Comprehensive Zoning Ordinance are included by
reference and shall apply, except as otherwise specified under the special provisions
hereunder.
IV. Development Plans: Development shall be in conformance with the concept plan
attached herewith; however in the event of conflict between the detail plan and the
written conditions of this ordinance, the written conditions shall apply.
V. Specific Regulations:
i. General Residential Regulations
1. Density: The maximum number of Single Family Dwelling units
permitted in this Planned Development shall not exceed 1,350
units. The gross area density of the Multi-family Dwelling Units
shall not exceed 250 units. The Planned Development shall not
exceed an average gross density of 4.0 du/a. 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 of 35% of the Single Family lots will not be
less than 6,000 sf; a maximum of 45% of the Single Family lots
will be not less than 7,200 sf.; a maximum of 20% 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 be less than an average of 7,200 sf.
4. Alleys shall not be required as part of this Planed 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 detailed
development plan submitted with each phase.
1
ii. Single Family
1. Lot Area: The minimum permitted lot areas are:
a. Lot Type "A": 8,500 sf.
b. Lot Type `B": 7,500 sf.
c. Lot Type "C": 6,000 s£
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": 50feet
3. Lot Width of Corner Lots: The Minimum lot widths of corner lots
are:
a. Lot Type "A": 75 feet
b. Lot Type `B": 70 feet
c. Lot Type "C": 55 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" 120 feet
b. Lot Type `B": 120 feet
c. Lot Type "C": 120 feet
6. Minimum Dwelling Unit Square Frontage: The minimum
permitted dwelling unit square footages are:
a. Lot Type "A" 1,700 sf.
b. Lot Type "B": 1,500 sf.
c. Lot Type "C": 1,500 s£
7. Main Structure Front Yard: Front Yard Set backs within each of
the Lot Type Zones may be varied between 15 feet and 35 feet
with the following percent of 15 foot set backs being permitted
within any single block:
a. Lot Type "A" 50%
b. Lot Type "B": 45%
c. Lot Type "C": 35%
8. Main Structure Side Yard: The minimum permitted side yards are:
a. Lot Type "A" 10% lot width
b. Lot Type "B": 10% lot width
c. Lot Type "C": 10% lot width
9. Main Structure Side Yard on Corner Lot: The minimum permitted
side yard setbacks adjacent to a street are:
a. Lot Type "A" 10% lot width
b. Lot Type `B": 10% lot width
2
c. Lot Type "C": 10% lot width
10. Side Yard of Allowable Non-Residential Use:
a. Lot Type "A" 15 feet
b. Lot Type `B": 15 feet
c. Lot Type "C": 15 feet
11. Main Structure Rear Yard: The minimum permitted rear yards are:
a. Lot Type "A" 10% lot depth
b. Lot Type `B": 10% lot depth
c. Lot Type "C": 10% lot depth
This minimum rear yard is increased to 18 feet where applicable
when a garage and drive face the rear yard, serviced by an alley.
12. Main Structure Rear Yard on Double Front Lots: The minimum
permitted rear yards on double front lots are:
a. Lot Type"A" 30 feet
b. Lot Type `B": 30 feet
c. Lot Type "C": 30 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 10% 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 15 feet for al lot types.
17. Accessory Structure Side Yard on Corner Lots: The minimum
accessory structure side yards on corner lots are:
a. Lot Type "A" 10% lot width
b. Lot Type "B": 10% lot width
c. Lot Type "C": 10% lot width
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 2,500 sf. maximum. .
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 al lot types.
3
iii. MF (Multi-Family District)
1. Lot Area: The minimum permitted lot area for multi-family
development is 43, 560 gross sf.
2. Lot Width: The minimum permitted lot width for multi-family
development is 100 feet (at property line).
3. Lot Width Corner Lots: N/A
4. Lot Depth: The minimum permitted lot depth for multifamily
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 600 sf.
b. 1 Bedroom 750 sf.
b. 2 Bedroom 900 sf.
c. 3 Bedroom 1,000 sf.
7. Maximum Density: The Maximum permitted density or for
multifamily is 18 units per gross acre of multifamily site area.
8. Main Structure Front Yard: The minimum permitted front yard for
multifamily development is 30 feet from any property line.
9. Main Structure Side Yard: The minimum permitted side yard for
multifamily development is 20 feet from any street and 15 feet
from any interior lot line.
10. Main Structure Side Yard on Corner 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 Corner 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 multifamily area is 5 feet.
20. Accessory Structure Building Area: The maximum permitted
building area of accessory structures (excluding amentity centers
and recreation buildings) is:
a. Lots 2 acres or less 10%of lot area or 2500
sf maximum
b. Lots 2 acres or more 5% of lot area or 2500
sf. maximum.
4
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 multifamily structures shall not exceed 45 feet or 2 stories.
23. Accessory Building Height: The maximum permitted building
height for accessory structures in a multifamily area shall not
exceed 40 feet.
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 or 2 stories.
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 set back
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 reduces 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 or other permitted screening
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:
5
a. General Merchandise or Food Store greater than 5,000 sf.
b. Motor vehicle fueling station
c. Theater
d. Accessory outside sales
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).
i. 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 V2 mile of trail 6
foot wide or wider. Benches can be grouped but the space between
benches (or groupings) shall not exceed 3/4 mile.
ii. 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. Where alleyways provided adjacent to
major thoroughfares shall be screened from view from the public
street with 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).
4. Screening of residential units backing onto major thoroughfares:
Residential units that back shall be screened from view from the
public street with either of the following:
6
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).
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 side walk 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.
iii. Architectural Requirements:
1. Exterior material façade material: All single family residential
units shall have a minimum of 75% of the exterior façade as brick
or stone laid masonry units or cementacious siding used to
articulate an historic style, excluding 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 and
historic style or "village" continuity (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 accomplish with differing materials or
architectural details. However the same elevation shall not be
repeated over a block spacing greater than 7 lots skipped both sides
of the street.
3. Village residential front entry cover: 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 of a
minimum of 30 sf and a minimum depth of 4 feet.
7
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, however, attached or
detached garages shall be allowed to face the street if constructed a
minimum of 5 feet behind the front building setback of the house.
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
iii. 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. If item"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. If item"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 Requirements
1. Access Drives: Access drives shall be located at least 150 feet
from an intersection except when the site is too small to met 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 or other
permitted screening can be used to meet this requirement including
a masonry screen wall. Landscape screens shall be planted with
8
evergreen trees and shrubs that provide sufficient leaf-mass to
accomplish an effective screen.
ii. Landscaping Requirements
1. Landscaping of parking lots: All site plans with required parking
more than 12 spaces are required to provide 8% of the total parking
area in landscape area.
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: At least 40% of the required front
yard excluding any access drive must be developed as a landscape
buffer. The landscape buffer must be at least 10 feet in width.
In order 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.
iii. 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 achieves 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).
i. Site Design:
1. Building placement: Individual buildings with footprints no greater
than 15,000sf. shall earn 5 points
2. Access drives: Any development not able to locate access a
minimum of 150 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
ii. Landscape
1. Landscaping of parking lots: Parking lots which exceed the 8% of
required landscape area shall earn 5 points for each
9
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 ay be applied to then 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 of wetland
areas 10 points per 4 acres
ii. Hardwood forest preservation: Preservation of native forest areas and
forest habitats(of trees with an 8 in. or greater
caliper) .10 points per 10 acres
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 master plan ....10 points
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 any grading or infrastructure or improvements within the area of
this Planned Development.
XIII. 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.
XIV. 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 this Planned Development District, shall be filed with the
Building Inspections Department.
10
P&Z Agenda
October 16, 2001
Page 2
ACTION AGENDA
1. Consider a recommendation to the City Council regarding a Preliminary Plat for the Pheasant
Creek Addition, being all of a certain 89.122 acre tract of land, situated in the N. Atterberry
Survey, Abstract No. 1099 in Collin County, the N. Atterberry Survey, Abstract No. 6 in
Rockwall County, and the L.B. Outlaw Survey, Abstract No. 173 in Rockwall County, Texas,
and being part of a called 117.149 acre tract conveyed to Leo Wiman as recorded in Volume
3166, Page 632 of the Deed Records of Rockwall County, Texas.
ADJOURNMENT
Posted Friday, October 12, 2001, at 5:00 p.m.
\L COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED
'.QUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170.
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TYPEA I56.76 AC 12.90% 18.60. -- �� ;.;,,i, a A i \' \\\
TYPE 101.38 AC 21.60% 33.60% \\ i— I i :06. '-� .^B^72.8 A \•\
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TOTAL AREA- 670 AC. r
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CONCEPTUAL PLANNED DEVELOPMENT PLAN ® MESA
� " a®"""" BOZEMAN FARM ESTATES HI°e>k. _�
'W" WYLIE,TX
NOTIFICATION REPORT
APPLICANT: Realty Development Trust APPLICATION FILE #2001-13
6032 Richwater Dallas,Texas 75252
# BLK/ABST LOT/TRACT TAX I.D. # PROPERTY OWNER NAME ADDRESS
Applicant 6032 Richwater
1 Realty Development Trust Dallas, Texas 75252
Stone Grove Addn 1019 Foxwood Lane
2 B Lot 5 R-2248-00B-0050-1 Peter Zeller Wylie,Texas 75098
Stone Grove Addn 1019 Foxwood Lane
3 B Lot 6 R-2248-00B-0060-1 Peter Zeller Wylie,Texas 75098
Stone Grove Addn 1023 Foxwood Lane
4 B Lot 7 R-2248-00B-0070-1 John Knackstadt Wylie,Texas 75098
Stone Grove Addn 513 S.Foxwood Lane
5 B Lot 8 R-2248-00B-0080-1 Johnny Aldridge Wylie,Texas 75098
P.O.Box 546
6 Abst 475 Tract 13 R-6475-000-0130-1 Birmingham Memorial Trust Wylie,Texas 75098
P.O. Box 546
7 Abst 475 Tract 34 R-6475-000-0340-1 Birmingham Memorial Trust Wylie,Texas 75098
P.O. Box 546
8 Abst 979 Tract 45 R-6979-000-0450-1 Birmingham Memorial Trust Wylie,Texas 75098
2000 Hwy. 78 North
9 Abst 979 Tract 56 R-6979-000-0560-1 City of Wylie Wylie,Texas 75098
1320 E.Stone Road
10 Abst 979 Tract 25-9 R-6979-000-0259-1 George Richards Wylie,Texas 75098
Jimmie Jane Feagan 1095 E.FM 544
11 Abst 979 Tract 24 R-6979-000-0240-1 c/o F.D. Feagin Wylie,Texas 75098
1275 E. FM 544
12 Abst 979 Tract 31 R-6979-000-0310-1 Edwina Cook Wylie,Texas 75098
1275 E.FM 544
13 Abst 979 Tract 21 R-6979-000-0210-1 Edwina Cook Wylie,Texas 75098
13118 Southview Lane
14 Abst 979 Tract 41 R-6979-000-0410-1 Billy Burdine Dallas,Texas 75240
Collin County 210 S.McDonald Street
15 FM 544 Commissioners Court McKinney,Texas 75069
Collin County 210 S. McDonald Street
16 Stone Road Commissioners Court McKinney,Texas 75069
Collin County 210 S.McDonald Street
17 Troy Road Commissioners Court McKinney,Texas 75069
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PUBLIC COMMENT FORM
(Please type or use black ink)
Department of Planning
2000 Highway 78 North
Wylie,Texas 75098
I am FOR the requested zoning as explained on the attached public notice for Zoning Case
#2001-13.
yI am AGAINST the requested zoning as explained on the attached public notice for Zoning
Case#2001-13.
Date,Location&Time of
Planning&Zoning
Commission meeting: Tuesday,October 16, 2001,7:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Date,Location&Time of
City Council meeting: • Tuesday,November 13,2001,6:00 pm
Municipal Complex,2000 Highway 78 North,Wylie,Texas
Name: / c 7--e e P. 2 e-Le.re- .S'N 4
(please print) �4•— 4c o v w r- /V
Address: 1 o $c F'ox ,00 A L A — 1 S^v5).) EN) I i 9 e 141 02—
Signature:
•
Date: 10\ 01 (
COMMENTS:
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City Of Wylie
Action Item No. 1
Preliminary Plat
Pheasant Creek Addition
Planning and Zoning Commission Meeting: October 16, 2001
Owner: B &D Land, L.C.
Surveyor/Engineer: Douphrate & Associates, Inc.
Location: Generally located northeast of County Line Road
(Vinson Road) and west of Troy Road
Existing Zoning: Single-Family Residential- 3 (SF-3)
Summary:
The Preliminary Plat for the Pheasant Creek Addition includes 89.122 acres and will create 292
lots. The property is zoned Single-Family Residential — 3 (SF-3), allowing a minimum lot size
of 7,300 square feet. The Plat dedicates 5.77 acres for public park land and floodway as well as
additional right-of-way for the widening of County Line Road and Troy Road collector streets.
Section 2.9 of the Paving Standards states that "Alleys shall be provided in all residential areas
and shall be paved with concrete. The City Council may waive the residential alley requirement
upon determination by the Council that it is in the best interest of the City." Alleys are provided
throughout the proposed addition, except for those lots on the north which back on to the
floodway. Approval of the Plat as submitted will constitute a waiver of the required alleys at this
location.
Section 5.03 of the Subdivision Regulations states that "Where subdivisions are platted so that
the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide
screening at his sole expense." An easement is provided along County Line Road for this
screening.
Preliminary Plat—Pheasant Creek
Issues:
1. The Preliminary Plat complies with the Subdivision Regulations and all other pertinent code
requirements of the City of Wylie.
2. The waiver of alleys backing on to the floodway is made a condition of approval of the Plat
as submitted.
Financial Considerations:
Plat application fees—Paid
The applicant is aware that a Final Plat must be approved prior to the initiation of infrastructure
construction or issuance of a building permit.
Staff Recommendation:
Approval of the Preliminary Plat as submitted, including as conditions of approval the waiver of
alleys serving Lots 40 through 69 as well as 80 and 81of Block A.
The Departments of Development Services, Public Works and Fire concur with this
recommendation.
Attachments:
Preliminary Plat