Ordinance 2019-23ORDINANCE NO. 2019-23
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS, AMENDING ORDINANCE NOS. 2001-
48 AND 2008-27 OF THE CITY OF WYLIE (THE ZONING
ORDINANCE, AS AMENDED), ARTICLES 6, SECTION 6.1,
AND ARTICLE 8, SECTION 8.1; MODIFYING CERTAIN
REGULATIONS RELATING TO THE DEVELOPMENT
REVIEW PROCESS IN THE CITY OF WYLIE TO ADDRESS
CHANGES IMPOSED BY HOUSE BILL 3167; PROVIDING
A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE,
SEVERABILITY CLAUSE AND AN EFFECTIVE DATE;
AND PROVIDING FOR THE PUBLICATION OF THE
CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated
and determined that it would be advantageous and beneficial to the citizens of the City of Wylie,
Texas ("Wylie") to amend Article 6, Section 6.1, and Article 8, Section 8.1, of Ordinance Nos. 2001-
48 and 2008-27, the Zoning Ordinance, as amended, to modify regulations relating to the
development review process; and
WHEREAS, the City Council finds that this Ordinance contains textual amendments to the
Zoning Ordinance that do not change zoning district boundaries, and therefore, written notice to
individual property owners is not legally required; and
WHEREAS, the City Council finds that all legal notices required for amending the Zoning
Ordinance have been given in the manner and form set forth by law, public hearings have been held
on the proposed amendments, and all other requirements of notice have been fulfilled; and
WHEREAS, the City Council finds that it is in the best interests of Wylie and its citizens to
amend the Zoning Ordinance as set forth below, and that such amendments are in furtherance of the
health, safety, morals and general welfare of the Wylie community and the safe, orderly and healthful
development of Wylie.
NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as
if fully set forth herein.
SECTION 2: Article 6, Section 6.1, and Article 8, Section 8.1 of Wylie's Zoning Ordinance,
Ordinance Nos. 2001-48 and 2008-27, are hereby amended as set forth in Exhibits A and B
respectively, attached hereto and incorporated herein by reference for all purposes.
SECTION 3: The Zoning Ordinance, as amended, shall remain in full force and effect, save
and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict
with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for
violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
Ordinance No. 2019-23 Amending Ordinance Nos. 2001-48 and 2008-27 of the City of Wylie (The Zoning Ordinance,
As Amended), Articles 6, Section 6.1, And Article 8, Section 8.1
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said
ordinance shall remain in full force and effect.
SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be
declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that
any and all remaining portions of this. Ordinance shall remain in full force and effect. The City
Council hereby declares that it would have passed this Ordinance, and each section, subsection,
clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 5: Any person, firm, corporation or entity violating this Ordinance or any provision
of Wylie's Zoning Ordinance, Ordinance Nos. 2001-48 and 2008-27, as amended, shall be deemed
guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding Two
Thousand Dollars ($2,000.00). A violation of any provision of this Ordinance shall constitute a
separate violation for each calendar day in which it occurs. The penal provisions imposed under this
Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal
rights and remedies available to it pursuant to local, state and federal law.
SECTION 6: This Ordinance shall become effective from and after its adoption and
publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
10th day of September, 2019.
ATTEST:
kovut
Stephanie Storm, City Secretary
Eric Hogue,
01887° -
DATE OF PUBLICATION: September 18, 019 °in the
•
ylie News
Ordinance No. 2019-23 Amending Ordinance Nos. 2001-48 and 2008-27 of the City of Wylie (The Zoning Ordinance,
As Amended), Articles 6, Section 6.1, And Article 8, Section 8.1
CITY OF WYLIE
ZONING ORDINANCE
1
1
ARTICLE 6 SPECIAL PURPOSE AND OVERLAY DISTRICTS
SECTION 6.1 PLANNED DEVELOPMENT DISTRICT (PD)
A. Purpose
There exists in the City, tracts where the zoning regulations contained in the districts in Article
3 Residential District Standards and Article 4 Nonresidential District Standards may not
provide for the development of innovative projects desired by property owners and envisioned
by the City's Comprehensive Plan. To allow for innovative development projects in a way that
can assist in the implementation of the Comprehensive Plan and other development goals and
objectives, a Planned Development (PD) District is provided as a special district that may be
used -in these instances to provide a general benefit to the City as a whole.
B. General Provisions
1. Separate Ordinance. Each Planned Development District shall be established by a
separate ordinance. An approved zoning exhibit for the entire property shall be part of the
ordinance establishing a PD District. All zoning exhibits and other documents required to
be submitted under this section or submitted in connection with a planned development
application shall in no way vest rights for the property that are outside the regulations of
the Zoning Ordinance and other applicable City ordinances, as they currently exist or may
be amended. No such documents shall be considered "plans" or "plats" as those terms are
defined under Chapter 212 of the Texas Local Government Code, nor shall they be subject
to the regulations set forth therein.
2. Minimum Area Requirement
a. Non-residential Uses. No minimum area required.
b. Residential Uses. Residential PD Districts shall be a minimum of 5 acres. However,
the Commission may waive this minimum area requirement when necessary to promote
innovative development, meet the goals of the Comprehensive Plan, or address parcels
with topographic or other site -related constraints.
3. Site Plan Required. Within established PD Districts, site plans shall be required. Site plans
may be developed for individual properties, tracts, phases, or subareas within the PD
district. In reviewing and approving site plans, the Commission shall use the approved
zoning exhibit, zoning regulations and performance criteria and standards contained in the
PD district ordinance adopted by the Council. No site plan may be approved that is not
consistent with the approved zoning exhibit and PD ordinance for the property.
4. Permitted Uses. A PD District may contain any use or combination of uses listed in Article
5. The uses permitted in a PD shall be listed in the ordinance establishing the district. If a
use is desired that is not currently a listed use in Article 5, a new use may be classified,
within the PD ordinance, by following the procedures in Section 5.6 New and Unlisted
Uses.
5. Development Standards. The zoning exhibit and ordinance establishing a PD shall
specify such regulations as deemed necessary to achieve the goals and objectives of the
PD, including but not limited to regulations governing heights of buildings and structures,
lot size, floor area requirements, density, coverage, and setbacks.
CITY OF WYLIE
ZONING ORDINANCE
6. Standards Not Specified. The remaining regulations in this ordinance control unless they
are expressly altered by the PD ordinance in accordance with this section.
7. Additional Regulations. The PD ordinance may contain any additional regulations,
special exceptions, or procedures considered necessary to achieve the innovative aspects
of the project, or to minimize potential adverse impacts that could result from the creation
of the district.
C. Initiation of a PD
1. A PD district shall be initiated by application of all property owners within the area of
request. The applicant shall comply with the zoning amendment procedures for a change
in zoning district classification, except as expressly amended in this section.
2. A pre -application conference is required prior to the formal submittal of an application for
a PD district. The applicant shall request and attend a pre -application conference with the
City Planner and other appropriate City Officials prior to formal application.
3. At the pre -application conference, the applicant may provide a proposed zoning exhibt that
includes, but is not limited to, the following information: proposed land uses, density,
approximate gross square footage of nonresidential uses, number of dwelling units by type,
access, projected height, topography, significant environmental features, and a statement
of the innovative aspects of the proposed development that requires the creation of the PD
District.
4. Based on the information provided by the applicant, the City Planner shall:
a. Provide initial comments concerning the merits of the proposed development;
b. State what- information shall be provided in the zoning exhibit for a complete review of
the proposed development; and
c. Provide any other information necessary to aid the applicant in the preparation of the
complete PD application.
5. Application for a PD shall be made to the City Planner on a form furnished by the City.
Applications are only accepted on the submittal dates shown on the official submittal
calendar established and maintained by the City Planner and published on the City website.
A complete application shall contain all of the following:
a. The application fee.
b. The name, address, telephone number, and signature of the applicant. If the applicant
is not the owner of the lot, the applicant shall submit a letter from the owner authorizing
the applicant to act on the owner's behalf.
c. The name, address, telephone number of the owner of the property. If there is more
than one owner, the names and addresses of all owners shall be provided.
d. The name, address, telephone number of the land planner or engineer responsible for
the preparation of the zoning exhibit, if any.
e. The street address, if any, and complete legal description of the property.
f. A zoning exhibit including any proposed phasing.
6. The zoning exhibit submitted under this section shall:
a. Be in a format determined by the City Planner, showing sufficient detail, but general
enough to be legible.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ZONING ORDINANCE
b. Have a scale of one inch equals 100 feet or larger (e.g., one inch equals 50 feet, or one
inch equals 40 feet, etc) and be formatted for a size of 24 inches by 36 inches. In the
event a single sheet is not practicable, multiple sheets may be used if, on each sheet:
(1) Match lines are indicated; and
(2) A composite drawing is provided that shows the entire proposed development,
location of the match lines, sheet numbers, and the location of the sheet within
the proposed development by the shading in of the appropriate area on the
composite.
c. Include a location diagram showing the property in relation to surrounding streets.
d. Contain title block and reference information pertaining to the property and plan,
including the name of the project, the names of persons responsible for preparing the
plan, the scale of the plan, both graphic and numeric, and the date of submission with
provisions for dating revisions.
e. Show the dimensions of the property and indicate its area in both square feet and acres.
f. Contain in written and tabulated form, proposed uses within the PD, heights of
buildings and structures, lot size, floor area requirements, density, coverage, and
setbacks. If necessary this information should be broken down for each use proposed
on the site.
g. Show any other proposed changes to development regulations contained in this chapter.
7. , To the extent possible, the zoning exhibit should also:
a. Show or describe the building envelope for each existing and proposed building on the
lot.
b. Show the location and dimensions of all existing streets, alleys, easements for utilities,
streets, and other purposes, floodplains as defined by the Federal Emergency
Management Administration (FEMA), and/or other official drainage information.
c. Show all areas proposed for dedication or reservation.
d. Show setback lines and building lines for each existing and proposed building on the
lot.
e. Show all existing and proposed points of ingress and egress to the property, and for
those tracts adjacent to an arterial thoroughfare, indicate estimated peak hour turning
movements to and from existing and proposed public and private streets and alleys.
f. Show all existing and proposed median cuts and driveway locations within 250 feet of
the property.
g. Show all existing and proposed off-street parking and loading areas, indicating the
general dimensions of parking bays, aisles, and driveways, and the number of cars to
be accommodated in each row of parking spaces.
h. Show all existing and proposed provisions for pedestrian circulation on the lot
including sidewalks, walkways, crosswalks, and pedestrian plazas.
i. Show the location and indicate the type of any special traffic regulation facilities
proposed or required.
Show the existing and proposed topography of the property using contours of two feet
or less. Existing contours should be shown with dashed lines and proposed contours
should be shown with solid lines.
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
CITY OF WYLIE
ZONING ORDINANCE
k. Show the location and indicate the type of any existing or proposed mechanical or
electronic equipment capable of producing noise that crosses the property line.
1. Show any other reasonable and pertinent information that would assist the City Planner
in determining the appropriateness of the PD.
D. Commission Review and Action
1. Once a complete application for a PD has been received and reviewed, the City Planner
shall schedule a public hearing before the Commission to receive public comment
regarding the plan. Scheduling and notification of the public hearing shall be as any other
change in zoning classification as may be required by State law and Section 8.1 of this
Ordinance.
2. After the public hearing, the Commission shall make a recommendation of approval,
approval with conditions, or denial, regarding the PD application and forward it to the
Council for approval, approval with conditions, or denial.
3. The City Planner shall prepare a PD district ordinance based on the Commission
recommendation on the applicant's zoning exhibit. The ordinance shall contain regulations
governing permitted uses, heights of buildings and structures, lot size, floor area
requirements, density, coverage, and setbacks, and may further contain any additional
regulations, special exceptions, or procedures that the Commission considers necessary to
achieve the innovative aspects of the zoning exhibit, or to minimize potential adverse
impacts which could result from the creation of the district. The zoning exhibit and
development conditions shall be attached and made a part of the PD ordinance.
E. Council Review and Action
1. After a recommendation by the Commission, the Council shall hold a public hearing to
allow all interested parties to present their views regarding the proposed PD district
ordinance. Notice of this public hearing shall be given in the same manner as a public
hearing for a change in zoning district classification.
2. Following preparation of the ordinance by the City Attorney and adoption of the PD district
ordinance by the Council, the City Planner shall amend the official zoning map to reflect
the change of zoning district classification on the property. The PD ordinance and the
zoning exhibit shall be used in the review and approval of all development related permits
for the property governed by the PD.
F. Amendments to the Zoning Exhibit
1. An amendment to the zoning exhibit and development conditions is a change in zoning
district classification and shall follow the same procedures set out in this section, except
the City Planner may authorize minor changes in the zoning exhibit and conditions that do
not:
a. Alter the basic relationship of the proposed development to adjacent property;
b. Change the uses permitted;
c. Increase the maximum density, floor area ratio, or height;
d. Decrease the amount of required off-street parking; or
e. Reduce the minimum yards required at the boundary of the site.
2. The applicant shall submit a revised zoning exhibit and development conditions that
reflects the requested changes.
1
1
1
ARTICLE 6: SPECIAL PURPOSE AND OVERLAY DISTRICTS
CITY OF WYLIE
ZONING ORDINANCE
3. An applicant may appeal any decision of the City Planner to the Commission.
li
CITY OF WYLIE
ZONING ORDINANCE
1
ARTICLE 8 DEVELOPMENT REVIEW PROCEDURES
SECTION 8.1 ZONING AND SITE -RELATED APPLICATIONS
A. General
1. Filing of an Application
a. Pre -application Conference
(1) An applicant for a change in zoning or site plan approval is encouraged to request
and attend a pre -application conference with the City Planner and other
appropriate City officials prior to formal application.
(2) No applications may be submitted to or accepted for filing during the pre -
application conference. No rights derived from Chapter 245 of the Texas Local
Government Code, as amended, shall accrue from a pre -application conference,
pre -application process or documents offered for review in connection therewith;
from an application that is rejected as incomplete or denied; or from an
application that does not provide fair notice of a project. There shall be no vested
rights based on a pre -application conference.
Based on the information presented, the City Planner will provide initial
comments concerning the merits of the proposed development and inform the
applicant of any additional requirements for preparation of the formal zoning
application.
b. Application Requirements. No application shall be accepted or reviewed which is not
complete and accompanied by the payment of fees as established in this Code or other
ordinances of the City of Wylie. All applications shall be filed with the City on forms
available from the City of Wylie.
c. Submittal Dates. On or before September 1 of each year, the City Planner shall
establish and maintain an official submittal calendar for all land development, zoning
and plan applications and filings and written responses submitted under Section
212.0093 of the Texas Local Government Code for the period October 1 to
September 30 of each year. The official submittal calendar shall be available at the
office of the City Planner and published on the City website. The City Planner is
entitled to make amendments to the official submittal calendar by publishing the
amended calendar on the City website. For the purpose of these regulations, the
"official filing date" of a land development, zoning or plan application or filing shall
be the date on which a complete application, which contains all required elements and
informationmandated by the Texas Local Government Code, Chapter 212, if
applicable, and by this Zoning Ordinance, is submitted to the City Planner, after
which the statutory period required for approval or disapproval of the plat or plan
shall commence to run, if applicable. No application shall be accepted for filing or
deemed filed until the City Planner determines that the application is complete and
the City issues a fee receipt.
d. Preparation. All plans submitted pursuant to this Zoning Ordinance shall be prepared
by a registered architect, engineer, landscape architect, or certified city planner.
(3)
ZONING ORDINANCE
e. Documents Required. The applicant shall submit the following documents in support
of an application in order to provide for adequate review of the application:
(1) Physical and/or electronic copies of all zoning exhibits, site, and landscape plans,
elevations and other drawings that form the submittal, in a format determined by
the City Planner which shall be listed on the official submittal application.
(2) One copy of a completed application form and a legal description of all tracts
involved in the application.
(3) If needed, one copy of the Development Schedule, Preliminary Service plan,
Draft Development Agreement and any other supporting material as may be
required.
2. Posting property for zoning changes.
Any person, firm or corporation requesting a change in zoning from one district
classification to another district classification shall be required to place and maintain.a sign
or signs, provided by the Planning Department, upon the property for which a change in
zoning has been requested, which sign or signs shall be located as follows:
a. One sign for the first three hundred (300) feet of each street frontage and one sign for
each additional one thousand (1,000) feet of street frontage, shall be located within
thirty (30) feet of the abutting street, or as determined by the City Planner or his/her
designee.
b. So as to be clearly visible and readable from the public right-of-way and not obstructed
in any manner.
c. So as not to create a hazard to traffic on the public rights -of -way abutting the property.
d. On the subject property at least fifteen (15) days prior to the hearing of such zoning
request by the Planning and Zoning Commission, and to remain continuously on said
property until final action by the City Council or withdrawal of the case by the
applicant. Removal of the sign by the applicant after a recommendation by the Planning
and Zoning Commission shall constitute a withdrawal of the request.
e. The signs, caused to be placed by the Planning Department shall be of a size, type, and
message content as determined by the City Planner but shall advise the rezoning is
requested and shall list the telephone number of the Department of Planning for more
information.
f. Upon making an application for a zoning change, the Applicant will place sign(s)
provided by the Planning Department as required by this section. After the zoning
change is approved in final form by the City Council, denied by the City Council, or
withdrawn by the applicant, the Applicant shall return the sign to the Planning
Department within ten (10) days of such event.
g. It shall be unlawful for anyone to remove, destroy, deface or obstruct the view of a sign
which gives notice that a rezoning has been requested.
h. In the event the applicant shall fail to place or maintain signs in accordance with this
Section, then the public hearing(s) before either the Planning and Zoning Commission
or the City Council, shall be postponed to a date in the future which would allow time
for compliance.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF WYLIE
ZONING ORDINANCE
J•
i. The erection of any sign required by this section shall not require a permit under the
city sign ordinance.
The owner or applicant shall promptly notify the Planning Department to replace any
sign required by this ordinance which becomes stolen or vandalized and a police report
must be filed. The City Planner shall have the power to decide whether or not there has
been substantial compliance with the posting requirements in the case of stolen or
vandalized signs.
k. Failure to return the sign in accordance with this Ordinance shall result in a fee of
$100.00 charged to the applicant. No building permit or certificate of occupancy will
be issued until all fees have been satisfied.
B. Required Zoning Exhibit
1. Applicability
a. Zoning Exhibits shall be required with any zoning request and shall comprise part of
the zoning on the site, and changes to concept plans shall constitute a change in zoning.
All zoning exhibits and other documents required to be submitted in connection with a
zoning change application shall in no way vest rights for the property that are outside
the regulations of the Zoning Ordinance and other applicable City ordinances, as they
currently exist or may be amended. No such documents shall be considered "plans" or
"plats" as those terms are defined under Chapter 212 of the Texas Local Government
Code, nor shall they be subject to the regulations set forth therein.
b. If, in the opinion of the City Planner, a site plan does not conform to the zoning exhibit
approved by the City, the applicant shall either seek approval of a revised zoning
exhibit (through re -zoning) or submit a revised site plan.
2. Purpose
The purpose of a zoning exhibit is to provide the City with the information and data that is
necessary to assess the merits of the development, to properly plan for services in the City,
and to ensure that developments are consistent with the comprehensive plan, thoroughfare
plan and open space plan.
3. Zoning Exhibit Content
a. General. All zoning exhibits must include the date, appropriate engineering scale, north
arrow, vicinity map, and the names, addresses and telephone numbers of both the
property owner and the individuals preparing the zoning exhibits.
b. Site Features. The site analysis shall be prepared which describes existing natural
features such as contours at not less than two foot intervals, trees over 6" in caliper,
drainage ways, other water features, and physical improvements by including the
following items:
(1) A metes and bounds description of the overall tract.
(2) Conceptual representation of proposed use(s) and generalized representation of
proposed improvements.
(3) Identification of all areas to be dedicated to the City or to have public easements,
such as roadways, utilities, open space and drainage areas.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
(4) General indication of how the proposed development will be able to achieve the
desirable requirements for applicable design standards required in this ordinance.
(5) Location of all proposed screening between the site and adjacent property.
(6) Indication of each phase of development if separate phases are proposed.
(7) The location of collector roadways proposed in the development, right-of-way
widths, and the location of collector access points to abutting streets and highways.
4. Other Materials
Other material that may be submitted in support of the application:
a. Draft development agreement and any covenants, conditions, restrictions and
agreements which govern the construction, use, maintenance and operation of
roadways, parks, open space, drainage areas and facilities.
A preliminary geo-technical report that addresses soil, subsurface and slope conditions
that may affect development.
c. Traffic study showing the project's impact on roadway and intersection capacity.
d. A development schedule indicating the appropriate date on which construction is
expected to begin and the rate of anticipated development to completion. The
development schedule, if adopted and approved by the Commission, shall become part
of the development plan and shall be adhered to by the owner, developer, and his
successors in interest.
b.
C. Required Site Plan
1. Applicability
a. Site plans are required for all developments except developments containing only
single family lots. Site plans shall be accompanied by a proposed development
schedule. No development may occur, or building permit be approved on a site which
does not conform to the approved site plan.
b. Site plans shall be approved by the Commission, and shall be considered part of the
development requirements for that site.
2. Purpose
The purpose of a site plan is to ensure that all provisions of the zoning ordinance of the
City are adhered to; that sensitive environmental issues such as slopes and vegetation are
accommodated; and that services and facilities necessary to support the proposed
development will be available on an appropriate time schedule.
3. General
a. No construction or development within a district that requires a site plan may
commence, and no building permit may be issued unless the Commission has approved
a site plan.
b. Where a zoning exhibit has been approved as part of the zoning, all site plans must be
in conformity with that approved zoning exhibit.
c. Public notification is not required for consideration of a site plan or an amendment
thereto, beyond posting as an agenda item for the Commission.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES'
CITY OF WYLIE
ZONING ORDINANCE
d. Site plans are required to demonstrate the manner in which the development will
achieve the desirable requirements for design standards required in this ordinance. The
review of the design standards required in this ordinance is subject to the following:
(1) The manner in which the plan achieves the desirables are at the discretion of the
developer.
(2) The Staff and Commission may suggest alternative ways to achieve the required
desirables, but may not deny a site plan application solely on the basis of how the
desirables are achieved.
(3) The Staff and Commission shall determine that the required desirables have been
achieved with the site plan.
4. Site Plan Content
a. General Information Required
(1) North Arrow;
(2) Total site acreage;
(3) Submission date;
(4) Scale (written and graphic);
(5) Vicinity map;
(6) Names, addresses and telephone numbers of designer, engineer, developer and
owner;
Accurate survey of the boundaries of the site with the location of proposed land
uses;
(8) Adjacent subdivision names and property lines; and
(9) Adjacent land uses and structures.
b. Structures
(1) Location, dimensions and use of all existing facilities and proposed building sites;
(2) Setback and separation distances between building sites;
(3) Proposed construction type and facade materials for all non-residential buildings
(the Commission may require elevations and perspective drawings);
(4) Proposed density of each use;
(5) Proposed location of screening along the collector roadways shown .on the
thoroughfare plan.
c. Streets and Sidewalks
(1) Location and width of all rights -of -way and easements;
(2) Location and dimensions of all pavement and curbing;
(3) Location and width of all sidewalks;
(4) Location and width of all ingress/egress points;
(5) Location and width of all medians and median breaks; and
(6) Location of any special traffic regulation facilities.
d. Off -Street Parking and Loading Areas
(7)
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
ZONING ORDINANCE
(1) Number, location and dimension of spaces;
(2) Type of surface material of parking facility;
(3) Dimension of aisles, driveways, maneuvering areas and curb return radii;
(4) Distance between spaces and adjacent rights -of -way;
(5) Location of all existing and proposed fire lanes and hydrants; and
(6) Proposed lighting plan.
e. Landscaping
(1) Location and size of major tree groupings and existing hardwood trees greater
than 6" caliper, noting whether they are to be removed or retained;
(2) Location and size of proposed plant materials, including paving;
(3) Number and type of each landscape element;
(4) Height and type of all fencing or buffering;
(5) Height of all planters, sculptures and decorative screens;
(6) Location and type of trash receptacle screening;
(7) Location and type of lighting for streets, signage and parking areas; and
(8) Location of visibility triangles where required.
f. Geo-technical
(1) Geo-technical report on soils, subsurface and drainage that demonstrates
conformity with the City's objectives;
(2) Direction of water flow;
(3) Quantity of on and off -site water generation;
(4) Topographic contours at a minimum of 5 foot intervals;
(5) Points of concentrated water discharge; and
(6) Areas where special design and construction may be necessary due to slope or
soil conditions.
g. Preliminary Service Plan
(1) A preliminary drainage plan of the area showing the size and location of each
existing and proposed drainage way and retention or detention area.
(2) The proposed method of providing water and sewer utilities.
h. Tabulation of Desirables Requirements for Design Review
(1) Each site plan submission shall present, in tabular form, the manner in which the
applicant feels that the site plan meets required desirables for Design Standards
specified in this ordinance.
(2) Tabulations shall cross reference drawings or details on drawings to facilitate
review.
(3) The City Planner, or his/her designee, will review and certify that the required
desirables have been achieved.
5. Site Plan Review and Approval
a. Review of Site Plans
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
7/ir
CITY OF WYLIE
ZONING ORDINANCE
(1) Site plans shall be reviewed by the Commission. Based upon its review, the
Commission may approve, conditionally approve, or deny approval of the site
plan based on evaluation of the site plan details with respect to criteria in this
subsection.
(2) In cases where site plan approval included provisions which must be approved by
the Council, Commission approval of the site plan shall be referred to the Council
for this action.
b. Any denial must be followed with a statement of reasons for denial citing specific
sections of all ordinances or codes. If the applicant submits a revised plan addressing
the stated reasons, the site plan must be approved by the Commission or Council within
15 days of receipt of revisions, or the Commission or Council can deny stating any
conditions not yet met.
c. Review Criteria
Site plans may have additional conditions and stipulations placed on them by the
Commission. In approving, conditionally approving, or denying a site plan under this
Article, the following criteria shall be considered:
(1) The extent to which the site plan fulfills the goals, objectives and standards in the
City's Comprehensive Plan, Thoroughfare Plan, and other City policies and
ordinances.
(2) The fact that the site plan achieves the desirables to satisfy design standards
required in this ordinance.
(3) Safety of the motoring and pedestrian public using the facility and area
surrounding the site.
(4) Safety from fire hazards and measures of fire control.
(5) Protection from flooding and water damage.
(6) Noise and lighting glare effects on adjacent neighbors.
(7) Relations of signs to traffic control and their effect on adjacent properties.
(8) Adequacy of streets to accommodate the traffic generation of the proposed
development.
(9) Adequacy of off-street parking and loading facilities for the uses specified.
(10) Landscaping and screening provisions appropriately designed.
(11) Sitting structures and other improvements relative to required setbacks, height
limitations, and other density and dimensional requirements.
(12) The environmental impact of the proposed development on the natural resources
on site and on surrounding properties and neighborhoods.
(13) Such other measures as might secure and protect the public health, safety, morals
and general welfare.
d. Effect of Site Plan Approval
(1) If development of a lot with an approved site plan has not commenced within two
years (in accordance with Local Government Code 245.005) of the date of final
approval of the site plan, the site plan shall be deemed to have expired, and a
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
CITY OF WYLIE
ZONING ORDINANCE
review and re -approval of the approved site plan by the Commission shall be
required before a building permit may be issued.
(2) Extensions of the approval of the site plan may be granted by the Commission for
a six month period, if:
(a) There has been no related change in the City's development requirements
since the last approval.
(b) There has been no change in the area surrounding the site since the last
approval. and,
(c) There is no change in the site plan as originally approved.
(3) There is no limit to the number of extensions a property owner may request.
(4) If any of the above conditions are not met, the site plan shall require review and
re -approval.
(5) The review and approval shall be undertaken under the same procedures as a new
submission and shall consider all changes to applicable ordinances and other
conditions which have occurred subsequent to the prior approval of the site plan.
D. Processing Amendments to Approved Applications
1. Amendments to all applications and approvals shall be processed in the same manner as
the original application. However, the applicant shall submit a summary of all elements
that are proposed to be changed along with the revised plans and application.
2. Notwithstanding the above, the City Planner may approve minor modifications in an
approved site plan or PD site plan administratively, provided that they do not:
a. Alter the basic relationship of proposed development to adjacent property;
b. Change the uses permitted;
c. Increase the maximum density, floor area, or height;
d. Decrease the amount of off-street parking, unless parking remains sufficient in number
and conforms to ordinance requirements;
e. Reduce the minimum yards or setbacks; or
f. Detrimentally change or alter the characteristics of the elevational drawings or site plan
as approved, but rather allow for some flexibility in minor modification to same.
ARTICLE 8: DEVELOPMENT REVIEW PROCEDURES
vUe jfarmer5trille Elms- • Murphy Monitor • The Princeton Herald • 7.ecSachse News • THE WYLIE NEWS
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, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinance No. 2019-21 & Ordinance No. 2019-23
was published in said newspaper on the following date(s), to -wit:
September 18, 2019.
01/11Pit,
Chad Engbrock, Publisher
dC J`L�
Subscribed and sworn before me on this, the day c5 0-4/'tof . 2019
to certify which witness my hand and seal of office.
Notary Public i
The State of Texas
My commission expires
r 7= < c7� 2
Murph��/SachscrVJ��lic Office • 110 N. Ballard • P.O. Box 3GJ • Wylie. TX �DJ8 • 972-442-5515 • fax ), _--lit_--43 I K
PannersvillefPrinceton Office • 101 S. Main • P.O. Box 512 • FarmersvIlle, TX 754-12 • 972-784-63,97 • Fix 972-782-70'_3
City of Wylie
Ordinance
No. 2019-21
An ordinance of the
city council of the
City of Wylie, Texas,
amending Ordinance
No. 2003-03 of the
City of Wylie (the sub-
division regulations),
sections 2.2, 2.3, and
2.4; modifying certain
'regulations relating to
the development re-
view process in the
City of Wylie to ad-
dress
changes imposed
by house - bill3167;
providing a penalty
clause, savings/repeal-
ing clause, severability
clause and an effective
date; and providing for
the publication of the
caption hereof.
Ordinance
No. 2019-23
A an ordinance of the
city council of the
City of Wylie, Texas,
amending ordinance
nos. 2001-48 and 2008-
27 of the City of Wylie
(the zoning ordinance,
as amended), articles 6,
section 6.1, and article
8, section 8.1; modify-
ing certain regulations
relating to the develop-
ment review process in
the City of Wylie to ad-
dress changes imposed
by house bill 3167;
providing a penalty
clause, savings/repeal-
ing clause, severability
clause and an effective
date; and providing for
the publication of the
:caption hereof:.
20-1b611i �,