Ordinance 2013-40ORDINANCE NO. 2013-40
1
WHEREAS, the Planning and Zoning Commission and the governing body of the City
of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the
amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally and to owners of the affected property, the governing body of the
City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be
amended; and
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") has
investigated and determined that Ordinance No. 2007 -35 should be repealed in its entirety
(Zoning Case No. 2013 -06) as set forth herein; and
WHEREAS, a request was made by Development Solutions BZ, LLC ( "Owner "), and
Ridinger Associates, Inc.. ("Applicant') to rezone the following Property (hereinafter defined)
containing 4.86± acres of land situated in the Lake Trails of Bozman Farm Addition, Lot 1 and
Lot 2 of Block E, currently zoned Planned Development Neighborhood Services District
(PD2007- 35 -NS), and being more particularly described in Exhibit "A ", attached hereto and
incorporated herein for all purposes; and
WHEREAS, the City Council has investigated and determined that the facts contained in
the request are true and correct; and
Ordinance No. 2013 -40 - Amending Comprehensive Zoning Ordinance - Repealing Ordinance No. 2007 -35
4.86± Acres - Lot 1 And Lot 2 Of Block E - Lake Trails of Bozman Farm Addition PAGE 1 OF 3
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE,
AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON
THE HEREINAFTER DESCRIBE PROPERTY, ZONING CASE NUMBER
2013 -06; REPEALING ORDINANCE NO. 2007 -35- NEIGHBORHOOD
SERVICES (PD -NS), CONTAINING 4.86± ACRES OF LAND SITUATED
IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS AT THE
NORTHEAST CORNER OF COLLINS BOULEVARD AND FM 544, AND
BEING 1151 AND 1155 COLLINS BOULEVARD, AND ALSO BEING
DESCRIBED AS LOT 1 AND LOT 2 OF BLOCK E IN THE LAKE
TRAILS OF BOZMAN FARM ADDITION AS RECORDED AS
DOCUMENT #2004 - 0041078 IN THE PLAT RECORDS OF COLLIN
COUNTY, TEXAS AND PLACING THE SAME IN THE ZONING
CLASSIFICATION OF PLANNED DEVELOPMENT SINGLE FAMILY
DETACHED DISTRICT (PD2013- 40 -SF) TO ACCOMMODATE THE
CONTINUATION OF SINGLE FAMILY RESIDENTIAL SUBDIVISION
(PD 2002 -52); PROVIDING FOR REPEALING, SAVINGS AND
SEVERABILITY CLAUSES; PROVIDING FOR A PENALTY FOR THE
VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE
DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
1
WHEREAS, the Planning and Zoning Commission and the governing body of the City
of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the
amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally and to owners of the affected property, the governing body of the
City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be
amended; and
WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") has
investigated and determined that Ordinance No. 2007 -35 should be repealed in its entirety
(Zoning Case No. 2013 -06) as set forth herein; and
WHEREAS, a request was made by Development Solutions BZ, LLC ( "Owner "), and
Ridinger Associates, Inc.. ("Applicant') to rezone the following Property (hereinafter defined)
containing 4.86± acres of land situated in the Lake Trails of Bozman Farm Addition, Lot 1 and
Lot 2 of Block E, currently zoned Planned Development Neighborhood Services District
(PD2007- 35 -NS), and being more particularly described in Exhibit "A ", attached hereto and
incorporated herein for all purposes; and
WHEREAS, the City Council has investigated and determined that the facts contained in
the request are true and correct; and
Ordinance No. 2013 -40 - Amending Comprehensive Zoning Ordinance - Repealing Ordinance No. 2007 -35
4.86± Acres - Lot 1 And Lot 2 Of Block E - Lake Trails of Bozman Farm Addition PAGE 1 OF 3
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION l: 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 of Planned Development Single
Family (PD2013- XX -SF), said property being described in Exhibit "A" (Legal Description),
Exhibit "B" (PD Conditions), and Exhibit "C" (Development Plan /Model Exhibit Phase 1 ), and
Exhibit "D" (Development Plan /Model Exhibit Phase 2) attached hereto and made a part hereof
for all purposes.
SECTION 2: That all ordinances of the City in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3: That the above described property shall be used only in the manner and for
the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended
herein by the granting of this zoning classification.
SECTION 4. Any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful
act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance,
as the same now exists or is hereafter amended.
SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than the
part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 6: This ordinance shall be in full force and effect from and after its adoption
by the City Council and publication of its caption as the law and the City Charter provide in such
cases.
SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this
Ordinance, shall not be construed as abandoning any action now pending under or by virtue of
such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or
provisions of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 22nd day of October, 2013.
ERIC HOGUE, Nhay6i
Ordinance No. 2013 -40 - Amending Comprehensive Zoning Ordinance - Repealing Ordinance No. 2007 -35
4.86± Acres - Lot 1 And Lot 2 Of Block E - Lake Trails of Bozman Farm Addition PAGE 2 OF 3
1
1
1
ATTESTED TO AND
CORRECTLY RECORDED BY:
C role Ehrlich, ` ity Secretary
OF yl
\rl] II OF TE%t
DATES) OF PUBLICATION: /� �.� in the
Ordinance No. 2013 -40 - Amending Comprehensive Zoning Ordinance - Repealing Ordinance No. 2007 -35
4.86± Acres - Lot 1 And Lot 2 Of Block E - Lake Trails of Bozman Farm Addition PAGE 3 OF 3
Exhibit "A"
Legal Description
Zoning Case # .1011-66
BEING situated in the City of Wylie, Collin County, Texas at the northeast corner of Collins
Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described
as Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition as recorded as
Document #20040041078 in the Plat Records of Collin County, Texas.
1
Bozman Farms Model Center Zoning Page 1 of 6
Revised 7/30/2013
Exhibit "B"
Conditions of the Planned Development District
Zoning Case # 0013'0&
The following conditions shall apply to said property included in the Legal Description in Exhibit
"A" of this zoning ordinance. Lot 1 and Lot 2 of Block E comprise a total of 2.03 acres of land
within the Lake Trails of Bozman Farm Addition as recorded as Document #2004 - 0041078 in
the Plat Records of Collin County, Texas.
Planned Development Requirements:
I. Statement of Purpose: The purpose of this Planned Development District is to develop
single - family residential lots matching the sizes and types of lots in the Bozman Farms
development. This development shall serve as the model lots for the Bozman Farms
development; therefore, these homes and the development around them will need to
closely match what is built throughout the development and what is available to home
buyers. Once the model lots are no longer needed, this development will be converted
from model homes to residential homes and sold individually to home buyers.
II. Statement of Affect: This Planned Development shall not affect any regulation found in
the Zoning Ordinance as adopted and amended, except as specifically provided herein;
III. General Regulations: All regulations providing for a Residential District as set forth in
Article 3 of the Zoning Ordinance are included as reference and shall apply, except as
otherwise specified under the Specific Regulations within this document. The conditions
contained within this document and the conditions of the Zoning Ordinance shall
constitute all the zoning requirements applicable to this Planned Development.
IV. Development Plan: Development shall be in conformance with the Development Plan
attached to this Exhibit; however, in the event of conflict between the Development Plan
and the written conditions of this ordinance, the written conditions shall apply. The
Development Plan shall serve as a Preliminary Plat for this development. All lots are
currently laid out for both Phase I and Phase I l development.
V. Development Phasing: This development shall be developed in Two (2) Phases. The
improvements made in each phase are listed below.
A. Phase I: Initially, Lots 1 and 2 of Block E will be subdivided as shown on the
attached Development Plans. Homes will be constructed and shall serve as
model homes for the Bozman Farms development. This location does not
prohibit additional model homes from being constructed within the development
as needed. A parking lot will be constructed on the east end of the residential
lots to access the model homes. No parking will be allowed along Collins
Boulevard and will be enforced by street signs.
B. Phase II: When the model homes are no longer needed by the homebuilders,
the model homes will be converted to residential homes and sold. Driveways to
each home will be constructed. The concrete parking lot will be removed, and a
one way concrete slip road will be constructed along Collins Boulevard to access
the residential lots as shown on the Phase II Development Plan. No parking will
be allowed along Collins Boulevard and will be enforced by street signs.
Bozman Farms Model Center Zoning Page 2 of 6
Revised 7/30/2013
VI. Specific Regulations:
A. Residential Regulations
Density: The maximum number of single family residential dwelling units
permitted within this Planned Development shall not exceed four (4) units.
The remainder area shall include three (3) lots owned by the
Homeowner's Association of Bozman Farms.
2. Residential Lot Mix: A maximum of 25% of the single family residential
lots will be greater than 7,500 square feet but less than 8,500 square feet
in size. All other lots will be greater than 8,500 square feet. Lot
categories shall be consistent with the zoning of the Bozman Farms
development (PD #2002 -52).
3. Average Lot Area: The average residential lot size shall not be less than
9,500 square feet.
4. All houses shall be front entry. Driveway construction may be deferred to
Phase II of the development.
5. No double front or comer lots shall be included in this development.
6. Lot Area: the minimum permitted lot areas are:
a. Lot Type "A" -- 8,500 square feet
b. Lot Type "B" — 7,500 square feet
7. Lot Width: The minimum permitted lot widths are:
a. Lot Type "A" — 70 feet
b. Lot Type "B" — 65 feet
B. Lot Depth: The minimum permitted lot depth for all lots is 120 feet.
9. Minimum Dwelling Unit Square Footage: The minimum permitted
dwelling unit square footage is 1,700 square feet.
10. Main Structure Front Yard: Due to the location of existing trees, the front
yard setbacks may vary. The minimum front yard setback shall be 20
feet.
11. Main Structure Side Yard: The minimum permitted side yards are:
a. Lot Type "X'— 7.0 feet
b. Lot Type "B" — 6.5 feet
12. Main Structure Rear Yard: The minimum permitted rear yard for all lots is
20 feet.
Bozman Farms Model Center Zoning Page 3 of 6
Revised 7/30/2013
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 5 feet for all lot types.
16. 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.
17. Accessory Structures Building Area: The maximum cumulative building
size for accessory structures on any lot shall not exceed 15% of the lot
area or 600 square feet maximum.
18. Main Structures Height: The maximum building height of any residential
main structure shall not exceed 36 feet on all lot types.
19. Accessory Structures Height: The maximum building height of any
accessory structure shall not exceed the maximum height of the
residential main structure.
B. Residential Architectural Regulations
1. The following architectural regulations shall match the regulations of the
Bozman Farms development established within the Planned
Development Ordinance 2002 -52 since this area is to be used for model
residential units for the Bozman Farms Development.
2. Exterior material fagade material: All single family residential units shall
have a minimum of 75% of the exterior fagade on all sides as brick or
stone laid masonry units. Cementitious siding can be used on 25% of the
exterior fagade. These percentages exclude windows, doors and other
openings, and glazing shall not exceed 35% of the front elevation of the
residence. Dormers or other elements supported by the roof structure are
not required to be masonry. This standard does apply to coordinated
block elevations, which are intended to convey a historic style or °village"
character (e.g., Traditional Neighborhood Design).
3. All units within this development shall have different floor plans and
elevations.
4. Residential front entry cover: As a minimum, the front entry of any single
family residential unit, which is the entry facing the street on which the
unit is located, shall have a covered front porch with a minimum area of
forty (40) square feet and a minimum depth of four (4) feet.
Bozman Farms Model Center Zoning Page 4 of 6
Revised 7130/2013
5. Roof: All single family residential units within the Planned Development
shall have a minimum roof pitch of 6:12 with asphalt shingles. All painted
plumbing vents, attic vents and other roof top accessories shall match the
roof shingle color. No wood shingles are permitted.
6. Garages: A two -car garage shall be required for all single family
residential units. Attached or detached garages shall be allowed to face
the street with no offset from the front fagade of the house required for the
garage on houses of 2,000 square feet or greater. This provision applies
to 100% of the Type "A" lots.
C. Single Family Desirable Features: This development is for the construction of
model lots for the Bozman Farms development and should be considered a part
of Bozman Farms when addressing City requirements such as Desirable
Features. Below is a listing of requirements that will be met either within the
model lot phase or the Bozman Farms development as a whole.
Land Design Requirements
a. Single - loaded street along open space: This development fronts
an extra -wide median and the entry open space area of Bozman
Farms.
b. Increased buffer width with no residential lots backing or siding on
the thoroughfare: The landscape buffer along FM 544 has been
increased and will be enhanced for the entry into the
development. A Landscape Plan will be required to be submitted
to the City for approval prior to construction. No houses will back
to FM 544.
c. Provide benches at nodes when adjacent to open space: As a
part of the overall Bozman Farms development, benches will be
placed when adjacent to open space.
2. Street and Sidewalk Requirements
a. Curvilinear Streets: Lots are constructed on a curved portion of
Collins Boulevard. The slip road constructed in Phase II will also
be on the curve.
b. Water feature at entry: As a part of the overall Bozman Farms
development, the water feature is a part of the development and
adjacent to the model lots.
c. Signage at Entry: The Bozman Farms development includes
signage at the entry. No additional signage will be provided with
this phase of development.
d. No streets or crosswalks shall be a part of this development.
Bozman Farms Model Center Zoning Page 5 of 6
Revised 7/30/2013
1
e. All sidewalks parallel to Collins Boulevard shall be five (5) feet in
width. The sidewalk shall tie into the existing sidewalk at North
Collins Circle.
f. Sidewalk Lighting: All street and/or sidewalk lighting within this
development will match the pattern and style of the Bozman
Farms development.
g. No alleys are provided in this development.
3. Architectural Requirements
a. All architectural elements of this development shall match those of
the Bozman Farms development since this area shall serve as the
model homes for Bozman Farms.
D. HOA Lot Regulations
All lots not designated as residential lots shall be the responsibility of the
Homeowner's Association (HOA).
2. The HOA lot at the northeast comer of Collins Boulevard and FM 544
shall be landscaped and maintained by the HOA. Landscape and
Irrigation Plans for this area shall be submitted to the City for approval
prior to installation of landscaping.
3. HOA lots east of the residential lots shall be landscaped with Common
Bermuda grass and any existing trees and maintained by the HOA.
These lots are used to convey drainage from the Bozman Farms
development.
4. At the conclusion of Phase 1, the parking lot shall be removed. This area
shall be graded to provide positive drainage, and vegetation shall be
established.
Bozman Farms Model Center Zoning Page 6 of 6
Revised 71302013
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STATE OF TEXAS
COUNTY OF COLLIN
7G,/c S, h,r Xew� - THE WYLIE NEWS
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
Ordinance 2013 -40
was published in said newspaper on the following dates, to -wit:
October 30, 2013
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the _day of &t 52013
to certify which witness my hand and seal of office.
Sonia A. Duggan
Commission Expires
OF 09-02-2016
6060) -
Notary Publi d for
The State of Texas !j
My commission expires `h
11urh1 .5 h I r (sfl ire 1 N. l;aII I • P U R ',G') • %V II,-. I X 7�u91' • 972 44" ii i W2_ -t:; i R
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LD
4C October 30-31,2013
ORDINANCE NQ.
2613 - '
AN ORDINANCE
OF THE CITY OF
WYLIE, TEXAS,
AMENDING THE
COMPREHENSIVE
ZONING . ORDI-
NANCE OF TI#E
CITY OF WYLIE,
AS HERETOFORE
AMENDED, SO AS
TO CHANGE,THE
ZONING ON THE
HEREINAFTER, DE-
SCRIBE PROPER-
TY, ZONING CASE
NUMBER 2013 -06
REPEALING OR-
DINANCE NO
2007-35-NEIGHBOR-
HOOD SERVICES
(PD -NS), CONTAIN-
ING 4.86:: ACRES
OF LAND SITUr
ATED IN THE CITY
OF WYLIE, COLLIN
COUNTY, TEXAS AT
THE NORTHEAST
CORNER OF COL -
LINS BOULEVARD
AND FM 544, AND
BEING 1151 . AND
1155 COLLINS BOU-
LEVARD, AND ALSO
BEING DESCRIBED
AS LOT 1 AND LOT
2 OF BLOCK E IN
THE LAKE TRAILS
OF BOZMAN FARM
ADDITION AS RE-
CORDED AS DOC-
UMENT #2004-
0041078 IN THE
PLAT RECORDS OF
COLLIN COUNTY,
TEXAS AND PLAC-
ING THE SAME IN
THE ZONING CLAS-
SIFICATION OF
PLANNED DEVEL-
OPMENT SINGLE
FAMILY DETACHED
DISTRICT (PD2013-
40-SF) TO ACCOM-
MODATE THE
CONTINUATION
OF SINGLE. FAM-
ILY RESIDENTIAL
6UHDiVISIQN .. ,
ING F( * REAL-
ING,, SAVINGS AND .
tE' ER SI .ITy
CLAUSES; PROVID-
ING FORA PENAL-
TY FOR THE VIO-
LATION OF THIS
ORDINANCE; PRO -
VIDING FOR AN EF-
FECTIVE DATE OF
THIS ORDINANCE;
AND PROVIDING
FOR THE PUBLICA-
F N ,Of TO, PAP-
N HEREOF.
2,4 -8� -334