Ordinance 2014-40ORDINANCE NO. 2014-40
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE
ZONING ON THE HEREINAFTER DESCRIBED
PROPERTY, ZONING CASE NUMBER 2014 -08, FROM
TOWNHOUSE DISTRICT (TH) TO PLANNED
DEVELOPMENT TOWNHOUSE DISTRICT (PD -TH) TO
ACCOMMODATE A SINGLE FAMILY ATTACHED
RESIDENTIAL SUBDIVISION; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City
of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the
amendment of the Comprehensive 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;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,
be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give
the hereinafter described property a new zoning classification of Planned Development
Townhouse (PD2014- 40 -TH), said property being described in Exhibit "A" (Legal Description),
Exhibit `B" (PD Conditions), and Exhibit "C" (Concept Plan 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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in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.
Ordinance No. 2014 -40
Amending Zoning Ordinance
TH to PD -TH (ZC 2014 -08)
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 11th day of November, 2014.
ATTEST:
C role Ehrlic , City Secretary
DATE OF PUBLICATION: November 19th,
Ordinance No. 2014 -40
Amending Zoning Ordinance
TH to PD -TH (ZC 2014 -08)
G
Eric Hogue, May r
OF �t7�
szA;t of TE�i
Exhibit A
Being a tract of land situated in the E.C. Davidson Survey, Abstract No. 266,
City of Wylie, Collin County, Texas and being part of an 11.3148 acre tract of
land described on Exhibit A as Tract II conveyed to L.M.B. Partnership, Ltd. by
deed recorded in Volume 5159, Page, 3104, and being part of a 0.071 acre tract
of land described on Exhibit A conveyed to L.M.B. Partnership, Ltd. by deed
recorded in Volume 5159, Page 3111, Deed Records, Collin County., Texas and
being more particularly described as follows:
Beginning at a 1/2 inch iron rod found on the north right -of -way line of Dallas
Area Rapid Transit (100 foot R.O.W.) for the southeast corner of said 0.071
acre tract and the southwest corner of Westgate Hollow Addition, an addition to
the City of Wylie, according to the plat thereof recorded in Cabinet 0, Page
333, Map Records, Collin County, Texas;
Thence, South 87 degrees 13 minutes 32 seconds West, along the north
right -of -way line of Dallas Area Rapid Transit (100 foot R.O.W.) , the south
line of said 0.071 acre tract and the south line of said 11.3148 acre tract., a
distance of 587.46 feet to a capped 1/2 inch iron rod found at the intersection
of the north right -of -way line of Dallas Area Rapid Transit (100 foot R.O.W.)
and the east right -of -way line of Westgate Way (65 foot R.O.W.) for the
southwest corner of said 11.3148 acre tract;
Thence, northerly, along the east right -of -way line of Westgate Way (65 feet
R.O.W) and the west lines of said 11.3148 acre tract the following:
North 03 degrees 15 minutes 09 seconds West, a distance of 98.12 feet to a
capped 1/2 inch. iron rod found for the beginning of a curve to the right having
a central angle of 39 degrees 58 minutes 13 seconds, a radius of 517.50 feet
and chord which bears North 16 degrees 43 minutes 58 seconds East, a distance
of 353.74 feet;
Along said curve to the right, an arc distance of 361.01 feet to a capped 1/2
inch iron rod found for the beginning of reverse curve to the left having a
central angle of 26 degrees 05 minutes 04 seconds, a radius of 582.50 feet and
a chord which bears North 23 degrees 40 minutes 32 seconds East, a distance of
262.90 feet;
Along said curve to the left, an arc distance of 265.19 feet to a capped 5/8
inch iron rod found for the beginning of reverse curve to the right. having a
central angle of 21 degrees 20 minutes 08 seconds, a radius of 517.50 feet and
a chord which bears North 21 degrees 18 minutes 04 seconds East, a distance of
191.59 feet;
Along said curve to the right, an arc distance of 192.70 feet to a capped 1/2
inch iron rod found for the end of said curve to the right;
North 31 degrees 58 minutes 08 seconds East, a distance of 147.63 feet to an
"X" set in concrete for the most westerly southwest corner of said Westgate
Hollow Addition;
F
Exhibit A (Continued)
Thence, South 58 degrees 00 minutes 13 seconds East, along the southerly line
of said Westgate Hollow Addition, a distance of 93.99 feet to an "X" found-in
concrete for the beginning of a curve to the left having a central angle of 30
degrees 43 minutes 48 seconds, a radius of 367.50 feet and a chord which bears
South 73 degrees 22 minutes 09 seconds East, a distance of 194.75 feet;
Thence, southeasterly along the southerly line of said Westgate Hollow Addition
and said curve to the left, an arc distance of 197.11 feet to an °X° found in
concrete for corner on the east line of said 0.071 acre tract and a re- entrant
corner of said Westgate Hollow Addition;.
Thence, South 01 degrees 58 minutes 14 seconds West, along the east line of
said L.M.B. Partnership, Ltd. 0.071 acre tract and the west line of said
Westgate Hollow Addition, a distance of 847.77 feet to the Point of Beginning
and containing a gross area of 438,444 square feet or 10.065 acres of land,
less 9,737 square feet of land contained right -of -way easement agreement,
resulting in a net area of 428,707 square feet or 9.842 acres of land.
NOTE: The Company is prohibited from insuring the area or quantity of the
land described herein. Any statement in the above legal description of the
area or quantity of land is not a representation that such area or quantity
is correct, but is made only for informational and /or identification purposes
and does not override Item 2 of Schedule 8 hereof.
EXHIBIT "B"
CONDITIONS FOR PLANNED DEVELOPMENT
ZONING CASE No. 2014 -08
I. GENERAL CONDITIONS:
a. This planned Development shall not affect any regulations within the Code of Ordinances,
except as specifically provided herein.
b. All regulations of the Townhome District (TH) set forth in Article 3, Section 3.3 of the
Comprehensive Zoning Ordinance (adopted as of January 8, 2008) are hereby replaced
with the following:
Figure B.1 - Townhome (TH)
Zoning Ana
is
Zordng Item
Ordinance
Requested
None
of Area(sq.ft.)
3,000
2;300
6
nd Lot (sq.ft.)
3,500
2:600
of Width (ft)
30
23
at building line
nd Lot (ft.)
45
26
at building line
of Depth (ft.)
100
no change
of Depth Double Front (ft.)
120
100
average
ront Yard (ft.)
20
20
front entry lot
"
15
rear entry lot
ide Yard Interior Lots (ft.)
0 int. 5 ext
no change
Maintain 45' sight triangle
ide Yard Corner Lots (ft.)
15
5
ear Yard (ft.)
25
15
front entry lot
" "
20
rear entry lot
ear Yard Double Front (ft)
45
25
ove ra e %
60
67
Tabulations
cres
9.6
n its
10
nits / Acre
10.
ront Entry
6
ear Ent
4
Page 1 of 7
II. SPECIAL CONDITIONS:
1. Maximum number of Townhome residential lots not to exceed 105 lots.
2. No trees on the property are defined as protected within the City's Tree Preservation Plan.
3. H.O.A. shall be established to maintain wall and other community features.
4. Average lot size shall be 2,600 square feet. Of that, 51% shall be 2,300 square feet, 27%
shall 2,600 square feet and 22% shall be between 2,600 and 3,900 square feet.
5. Streets shall be 31 feet wide in accordance with city regulations.
6. Parallel parking spaces shall be provided along the northbound side of the north -south
street and contained outside of the public right -of -way.
7. Alley width shall be 15 feet.
8. Garages will be a mix of 41% rear -entry and 59% front entry as outlined in Exhibit "A ".
9. No Parkland to be dedicated. Fees in lieu of dedication based on current parkland fees as
of August 2014.
Page 2 of 7
III. DESIGN STANDARDS:
1. Architectural Standards:
a. Building Bulk and Articulation
In order to avoid large blank facades, variations in the elevation of residential facades
facing a public street shall be provided in both the vertical and horizontal dimensions.
At least 25 percent of the facade shall be offset a minimum of 1 foot either protruding
from or recessed back from the remainder of the facade.
b. House Numbers
All Townhome residential units shall have a front stone wall plaque with resident
address beside the main entry of the dwelling unit.
c. Exterior FaVade Material
All Townhome residential units shall have a minimum of one - hundred (100) percent of
the exterior facade composed of kiln -fired clay brick, or stone laid masonry units or
masonry stucco, with 20 percent stone or decorative brick accent, excluding windows,
doors and other openings. Glazing shall not exceed twenty -five (25) percent of the
front elevation of the residence. Dormers, second story walls or other elements
supported by the roof structure may be composite masonry materials if approved by
the Building Official as having the same durability as masonry or stone and when
offset at least two (2) feet from the first floor exterior wall. Wood, vinyl siding and
EIFS materials shall not be used for exterior walls.
d. Exterior FaVade — Porches
Each Townhome residential units shall have a combined total covered front or side
entry of a minimum of 50 square feet of floor area.
e. Exterior FaVade — Balconies
To enhance livable outdoor space, balconies shall be added to the exterior on the
second floor of all Townhome residential units that have rear -entry garages.
f. Exterior Structure — Height
Structures shall be a maximum of 40 feet in height to allow for 3 -story floor plans.
2. Repetition of Residential Unit Designs — Front Elevations
Each building within the Planned Development shall contain between two (2) and five (5)
individually platted attached residential units. No building shall contain two identical street
elevation designs within the same building. No two buildings sitting side by side shall be
identical to either neighboring building. Identical or nearly identical street elevation design
means little or no variation in the articulation of the facade. It does not mean similar colors,
materials or small details.
Page 3 of 7
Figure B.2 — Example of Proposed Front Elevation Designs
Figure B.3 — Example of Proposed Front Elevation Designs
3. Garage Entry
Each Townhome residential unit shall have a two car garage and shall be a minimum of
400 square feet.
Front entry lots as noted in Exhibit "A" shall have garage doors located on the primary
street elevation on a Townhome unit with an upgraded cedar door. The primary street
would be the addressed street front. Garages may face the street on a corner side yard.
Page 4 of 7
f
Figure B.4 — Example of Cedar Front Garage Door
Rear entry lots as noted in Exhibit "A" shall have standard garage doors located on the
back of the Townhome unit.
Figure B.5 — Example of Proposed Rear Entry Garage Elevation Designs
4. Dwelling Size
Each Townhome residential unit shall range in square footage from 1,400 to 2,250 square
feet. No more than 20% of the units shall contain less than 1,500 square feet.
Page 5 of 7
EXHIBIT "A"
LEGAL DESCRIPTION
ZONING CASE No. 2014 -08
tieing a tract of land situated in the S.C. Davidson Survey, Abstract No. 266,
City of Wylie, Collin County, Tw as and being part of an 11.3148 acre tract of
I" described on Exhibit A as Tract II conveyed to L.K.B. Partnership, Ltd. by
deed recorded in volume 5159, Page 3104, and being part of a 4.071 acre tract
of laud described on Exhibit A conveyed to L.K.B. Partnership, Ltd. by dead
recorded in Vblume 5159, Fags 3111, Deed Records, Collin County, Texas and
being acre particularly described as follows:
Beginning at a 112 inch iron rod found on the north right -of -way line of Dallas
Area Rapid Transit (100 foot R.e?.W.) for the saatbG&st COMM of Said 0.071
acre tract and the southwest corner of Westgate Ballow Addition, an addition to
the City of Wylie, according to the plat thereat recorded in Cabinet A, Page
333, map Records, Collin County, Texas;
thence, South 87 degrees 13 minutes 32 seconds Mist, along the north
right -of -gray line of Dallas Area Rapid Transit 4100 foot R.Q.W.), the south
Line of said 0.071 acre tract and the south lino of said 11.3148 acre tract, a
distance of 587.46 feet to a capped 1/2 inch iron rod found at the intersection
of the north right -of -way line of Dallas Area Rapid Transit (100 foot R.O.M.)
and the east right -of -way line of Westgate Way (65 foot R.O.M.) for the
southwest corner of said 11.3148 acre tract;
Tbabe, northerly, along the east right-of-way line of taestgate Hay 465 feet
R.O.x) and the newt lines of said 11,3148 acre tract the following,
North 03 degrees 15 siinutes 09 seconds West, a distance of 98.12 feet to a
capped 1/2 inch iron roll found for the beginning of a curve to the right having
a central angle of 39 degrees 58 minutes 13 seconds, a radius of S17.S0 feet
and chard which bears North 16 degrees 43 minutes 58 seconds East, a distance
of 353.74 feet;
along said curve to the right, an arc dintares of 3611.01 feet to a capped 112
inch gran rod found for the beg3an.ing of reverse curve to the left having a
central angle of 26 degrees 05 minutes 04 seconds, a radius of 582.50 feat and
a chord which bears. North 23 dsgraes 40 minutes 32 seconds Bast, a distance of
262.90 feet;
Along said curve to the left, an are distance of 265.19 feet to a capped S/8
inch iron rod found for the beginning of reverse curvy* to the right having a
central angle of 21 degrees 24 minutes 08 seconds, a radius of 537.50 feet and
a chord which bears North 21 degrees 18 minutes 04 seconds least, a distance of
191.59 feet;
Along said curve to the right, an arc distance of 192.70 feet to a capW 1/2
inch iron read found for the end of said curve to cbe right,
North 31 degrees 58 minutes 08 seconds East, a distance of 147.63 feet to an
01" set in concrete: for the most westerly southwest corner of said Westgate
Hollow Addition; i
Page 6 of 7
Thence, South 58 degrees 00 minutes 13 seconds East, along the southerly line
of said Westgate Hollow Addition, a distance of 93.99 feet to an axe found-in
concrete for the beginning of a curve to the left having a central argyle of 30
degrees 43 minutes 49 **=MS. a radius of 367.50 feet and a chard which bears
South 73 degrees 22 minutes 09 seconds East, a distance of 194.75 feet;
Thence, southeasterly along the southerly line of said Westgate Hollow Addition
and said curve to the left, an arc distance of 197.11 feet to an axe found in
concrete for corner on the east line of said 0,071 acre, tract and a re- entrant
corner of said Westgate Hollow Addition;
Thence, South 01 degree 58 fairnutes 14 seconds West, along the east line of
said L.M.B. Partnership, Ltd. 0.071 acre tract and the west line of said
Westgate 14o11ow Addition, a distance of 847,77 feet to the Paint of Beginning
and containing a gross area of 438,444 square feet or 10.065 acres of land,
less 9,737 square feet of land contained right -of -way easement agreement,
resulting in a net area of 438,707 square feet or 9.842 across of 1".
w=.. The Company is prohibited from insuring the area or quantity of the
land described herein. Any statement in the above legal description of the
area or quantity of land is not a representation that such area or quantity
is correct, but is made only for informational and /or identification purposes
and does not override Item 2 of Scthedule B hereof.
Page 7 of 7
-�s
/*
/*
- - - - - - - - - -r
V1e _If aemecs litie'Lruues - Murphv Monitor - The Princeton Herald - 7d Sachsc Ncw- -THE WYLIE NEWS
media
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba 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 No. 2014 -40
was published in said newspaper on the following dates, to -wit:
November 19, 2014
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the _J0day of J1 iV _,2014
to certify which witness my hand and seal of office.
Sonia A. Duggan
OWC . . r
0
09 -02 -2016
�►�
Notary Public in Wor
The State of Texas
My commission expires
Mu�ph� Sach c'Wylic OIficc • 1 10 `v. Ballard - P.O. Box 369 l) he 'fN 75098.972 -41' 515 1 �s 9T_ -a42 1; IS
Farmer,%illc'Pnnceton Of ic.(. - lol S. Main - 1'.C). Roe 512- 1 wmcrs-ille, F X 75442 -972 784 0397 fac 972- 782 -7023
November 1-9-20,2014
ORDNANCE
NO.2014=40
AN ORDINANCE
OF THE CITY OF
LIE, TEXAS,
AMENDING THE
COIVIPRE NSIVE
ZONING ORDI-
NANCE OF THE
CITY OF WYLIE,
AS HERETOFORE
AMENDED, SO
AS TO CHANGE
THE ZONING ON
THE HEREINAF-
TER DESCRIBED
PROPERTY, ZON-
ING CASE NUM-
BER 2014 -08,
FROM TOWN -
HOUSE DISTRICT
(I'H) TO PLANNED
DEVELOPMENT
TOWNHOUSE DIS-
TRICT (PD -TH) TO
ACCOMMODATE
A SINGLE FAM-
ILY ATTACHED
- RESIDEI+NTIAL
S.UBDTV n0N.
PROVIDING FOR
A PENALTY FOR -
THE VIOLATION
OF THIS ORDI-
NANCE; PROVID-
ING FOR THE
REPEAL OF ALL
ORDINANCES IN f"
CONFLICT; PRO-
VIDING A SEVER- _ ..........:...
ABILITY CLAUSE;
AND PROVID-
ING FOR AN EF-
FECTIVE Dom.
29 -1t- 129 -339