Ordinance 2005-44
ORDINANCE NO. 2005-44
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY
OF WYLIE, AS HERETOFORE AMENDED, AND TO AMEND
ORDINANCE NO. 99-31 AND THE DESIGN STANDARDS FOR
THE RIVERCHASE PLANNED DEVELOPMENT DISTRICT
(EAST FORK BY THE LAKE/RIVERCHASE) ON THE
HEREINAFTER DESCRIBED PROPERTY; 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 PD, Planned Development District
Classification, said property being described in Exhibits "A, B & C" 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the same are hereby, repealed and all other ordinances of the City not in conflict with the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 ofthis zoning classification.
Ordinance No. 2005-44
Amendment to Ordinance No. 99-31
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 38 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 ofthis ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 13th day of September, 2005.
ATTEST:
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Date of publication in The Wvlie News - September 21. 2005
Ordinance No. 2005-44
Amendment to Ordinance No. 99-31
EXHIBIT "A"
136339 Acres-William Patterson Survey- Abstract No. 716
FIELD NOTE DESCRIPTION
02 /12/ 99
BEING a 136.339 acre tract ofland situated in the William Patterson Survey, Abstract Number 7] 6, Collin County,
Texas and being a portion of a ]57.53 acre tract ofland according to the deed recorded in Vo]ume254, Page 563 of the
Deed Records of Collin County, Texas JRCCT and being more particu]arly described as follows:
BEGINNING at a one inch iron pipe found for the southeast comer of a 29.07 acre tract or land according to the deed
recorded in Volume 87, Page 26r (ORCCT) and being located in the westerly right-of-way line of F.M. ]378 (a 90 feet
wide right-of-way);
THENCE along the westerly right-of-way line of said F.M. 1378 as follows:
SOUTH 00008'34" EAST a distance of 5 ]3.79 feet to a 5/8 inch iron rod set for the beginning of a curve to
the right having a radius of] ,864.86 feet, a chord bearing of South 03040' 27" West and a chord length of248.22 feet.
Along said curve to the right through a central angle of 07037'55" for an arc length of 248.40 feet to a 5/8
inch iron rod set for the point of tangency;
SOUTH 07029'25" WEST a distance of 296.00 feet to a 5/8 inch iron rod set for the beginning of a curve to
the left having a radius of 1,954.86 feet, a chord bearing of South 040] 7'56" West and a chord length of2] 7.70 feet;
Along said curve to the left through a central angle of 06023 '02" for an arc length of 2] 7.8] feet to a 5/8 inch
iron rod set for the point of tangency.
SOUTH 0] 006' 25" WEST a distance of 969.65 feet to a 3/8 inch iron rod found for the northeast comer of a
] 00.00 acre tract ofland according to the deed recorded in Volume 883, Page 628 (DRCCT);
THENCE departing the westerly right-of-way line of said F.M. ]378 NORTH 8040' ]4" WEST a distance of2, 6]7.12
feet to a one inch iron pipe found for the northwest comer of said ] 00.00 acre tract of land.
THENCE NORTH 63030'26" WEST a distance of 28.] 9 feet to a 1/2 inch iron rod found for the southeast comer of a
207.452 acre tract of] and according to the deed recorded in Volume 860, Page 38] (DRCCT).
THENCE along the easterly line of said 207.452 acre tract ofland as follows:
NORTH 02044'29"EAST a distance of993.36 feet to a 5/8 inch iron rod set for comer;
NORTH 0] 046'26" WEST a distance of 804.78 feet to a 5/8 inch iron rod set for comer;
NORTH 03042'09" EAST a distance of 423.02 feet to a wood fence post found for the southwest comer of a
9.0 acre tract ofland according to the deed recorded in Volume 390, Page ]00 (ORCCT);
NORTH 89002'] 7" EAST a distance of 460.09 feet to a wood fence post found for the southeast comer of
said 9.0 acre tract of land and the southwest comer of said 29.07 acre tract ofland.
THENCE along the southerly line of said 29.07 acre tract ofland as follows:
SOUTH 8902'27" EAST a distance of 297.76 feet to a 5/8 inch iron rod set for comer;
NORTH 89040'00" EAST a distance of923.00 feet to the POINT OF BEGINNING;
CONTAINING within these metes and bounds 136.339 acres or 5, 938, 946 square feet ofland more or less.
Ordinance No. 2005-44
Amendment to Ordinance No. 99-31
EXHIBIT "B"
PLANNED DEVELOPMENT DESIGN STANDARDS
RIVERCHASE (FORMERLY EAST FORK BY THE LAKE)
City of Wylie
(As Amended and Adopted by the City Council September 13, 2005)
SF- A- Sin2'le Familv Residential Re2'ulations
This classification shall conform to the City of Wylie SF-I zoning classification (of the
1985 Zoning Ordinance) except as noted below:
9.01 Permitted uses. The following uses are specifically not allowable:
(3) Church or rectory.
(5) Public buildings including libraries museums police and fire stations and
similar public uses or facilities.
(7) Public schools or denominational kindergarten through high school.
(9) Publicly owned water supply reservoirs pumping plants and towers.
(11) Telephone exchange provided no public business and no repair or outside
storage facilities are maintained gas lines and regulating stations electrical
lines and local utility lines.
(12) Sewage treatment plant public operated.
(14) Water treatment plant.
(15) Noncommercial stables as an accessory use to the housing of animals
owned by the resident and setback from adjacent property lines a
minimum distance of 100 feet. An area of one half acre shall be required
for each animal.
The following specific uses are not allowable:
(1) Cemetery or mausoleum
(2) Charitable organization
(3) University, college or parochial school and related facilities (public or
private).
(4) Country club or golf course and related uses such as driving ranges but not
including similar forms of commercial amusement such as miniature golf.
(6) Electric substation.
(7) Hospital.
(8) Museum library or art gallery.
(9) Post office.
(10) Radio television or microwave to sewer.
(11) Golf course, public.
(12) Private club.
Page 1 of6
Ordinance No. 2005-44
Amendment to Ordinance No. 99-31
9.02 Area regulations.
(1) Size of yards.
(d) Front yard. There shall be a front yard having a depth of not less than 30
feet as measured from the front property line.
( e) Side yard. There shall be a side yard on each side of the lot having a width
of not less than 10 feet in width. A side yard adjacent to a side street shall
not be less than 20 feet.
(2) Size of lot.
(a) Lot area. No building shall be constructed on any lot of less than 20,000
square feet.
(b) Lot width. The minimum width as measured it the front building line of
the lot shall not be less than 75 feet.
(c) Lot depth. The minimum depth of the lot shall be not less than 125 feet.
(3) Minimum dwelling size. The minimum floor area of any dwelling shall be 2,400
square feet exclusive of garages breezeways and porches.
Additional Guidelines
AI. Exterior Wall Materials- A minimum of75% ofthe dwelling's total exterior area,
minus windows and doors, must be masonry veneer, such as brick stone or stucco.
A2. Roofs- Roofs must be covered with composition material of at least 180 lb weight
shingle and have a minimum pitch of 6: 12.
A3. Fences and Walls Fences- May not exceed 8 feet in height. Fences must be made
of masonry, wood or wrought iron. The use of chain link fencing is prohibited.
Railroad ties may not be used for a retaining wall visible from the street.
A4. Screening- The owner of a lot must screen the following items from the view of
the public and neighboring lots and dwellings, if any of these items exist on the
lot:
a. Clotheslines
b. Drying racks
c. Hanging clothes linens rugs and textiles of any kind
d. Yard maintenance equipment
e. Wood piles and compost piles
f. Accessory structures such as dog houses gazebos metal storage sheds and
greenhouses
g. Garbage can and refuse containers
Page 2 of6
Ordinance No. 2005-44
Amendment to Ordinance No. 99-31
Plant material such as trees and bushes may be used for screening
AS. Home Elevation- No house elevation shall be constructed adjacent to each other.
A6. Landscaping- The following minimum landscape features shall be installed prior
to the initial occupancy:
(a) Trees- a minimum of 6 inches in total diameter shall be installed. This
may be accomplished by one 6 inch tree or multiple trees whose diameters
add up to at least 6 inches
(b) Shrubs- eighteen (18) 3 gallon shrubs across the front ofthe house
(c) Grass- solid sod from the fence to the front curb
SF-B- Sin1!le Familv Residential Re1!ulations
This classification shall conform to the City of Wylie SF-2 zoning classification (of the
1985 Zoning Ordinance) except as noted below:
10.01 Permitted uses. Uses specifically not permitted in SF-A above are not allowed in
this classification
10.02 Area regulations
(1) Size of yards
(b) Front yard. There shall be a front yard having a depth of not less than 25
feet as measured from the front property line
(c) Side yard. There shall be aside yard on each side of the lot having a width
of not less than 7feet in width A side yard adjacent to a side street shall not
be less than 17 feet.
(2) Size of lot.
(a) Lot area. No building shall be constructed on any lot of less than 8,400
square feet.
(b) Lot width. The minimum width as measured at the front building line of
the lot shall not be less than 70 feet.
(c) Lot depth. The minimum depth of the lot shall be not less than 115 feet.
(3) Minimum dwelling size. The minimum floor area of any dwelling shall be 1,800
square feet exclusive of garages, breezeways and porches.
Page 3 of6
Ordinance No. 2005-44
Amendment to Ordinance No. 99-31
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Additional Guidelines
A. 1 Exterior Wall Materials- A minimum of 75 of the dwelling s total exterior area
minus windows and doors must be masonry veneer, such as brick stone or stucco
A.2 Roofs- Roofs must be covered with composition material of at least 180 lb weight
shingle and have a minimum pitch of6:12.
A.3 Fences and Walls -Fences may not exceed 8 feet in height. Fences must be made
of masonry wood or wrought iron. The use of chain link fencing is prohibited
Railroad ties may not be used for a retaining wall visible from the street.
A.4 Screening- The owner of a lot must screen the following items from the view of
the public and neighboring lots and dwellings if any of these items exist on the
lot:
a. Clotheslines
b. Drying racks
c. Hanging clothes linens rugs and textiles of any kind
d. Yard maintenance equipment
e. Wood piles and compost piles
f. Accessory structures such as dog houses, gazebos, metal storage sheds,
and greenhouses
g. Garbage can and refuse containers
Plant material such as trees and bushes may be used for screening.
A.5 House Elevation- No house elevation shall be constructed adjacent to each other
A.6 Landscaping - The following minimum landscape features shall be installed prior
to the initial occupancy:
(a) Trees- a minimum of 4 inches in total diameter shall be installed. This
may be accomplished by one 4 inch tree or multiple trees whose diameters
add up to at least 4inches.
(b) Shrubs- eighteen (18) 2gallon shrubs across the front of the house
(c) Grass solid sod from the fence to the front curb
SF-C- Sin2:le Familv Residential Re2:ulations
This classification shall conform to the City of Wylie SF-3 zoning classification (of the
1985 Zoning Ordinance) except as noted below:
11.01 Permitted uses. Uses specifically not permitted in SF-A above are not allowed in
this classification.
Page 4 of6
Ordinance No. 2005-44
Amendment to Ordinance No. 99-31
11.02 Area regulations.
(1) Size of yards
(b) Front yard. There shall be a front yard having a depth of not less than 20
feet as measured from the front property line.
(c) Side yard- There shall be a side yard on each side of the lot having a width
of not less than 5 feet in width a side yard adjacent to a side street shall not
be less than 15 feet.
(2) Size of lot
(a) Lot area. No building shall be constructed on any lot of less than 7,200
square feet
(b) Lot width. The minimum width as measured at the front building line of
the lot shall not be less than 60 feet.
( c) Lot depth. The minimum depth of the lot shall be not less than 110 feet
(3) Minimum dwelling size. The minimum floor area of any dwelling shall be 1,600
square feet exclusive of garages breezeways and porches.
Additional Guidelines
A.l Exterior Wall Materials - A minimum of 75% of the dwellings total exterior area
minus windows and doors, must be masonry venerer, such as brick stone or
stucco.
A. 2 Roofs- Roofs must be covered with composition material of at least 180 lb weight
shingle and have a minimum pitch of 6: 12.
A.3 Fences and Walls- Fences may not exceed 8 in height. Fences must be made of
Masonry, wood or wrought iron. The use of chain link fencing is prohibited.
Railroad ties may not be used for a retaining wall visible from the street.
AA Screening- The owner of a lot must screen the following items from the view of
the public and neighboring lots and 4wellings If any ofthese items exist on the lot
a. Clotheslines
b. Drying racks
c. Hanging clothes linens rugs and textiles of any kind
d. Yard maintenance equipment
e. Wood piles and compost piles
f. Accessory structures such as dog houses gazebos metal storage sheds and
greenhouses
g. Garbage can and refuse containers
Page 5 of6
Ordinance No. 2005-44
Amendment to Ordinance No. 99-31
Plant material such as trees and bushes may be used for screening
A.5 House Elevation -No house elevation shall be constructed adjacent to each other.
A.6 Landscaping- The following minimum landscape features shall be installed prior
to the initial occupancy
(a) Trees- a minimum of 2 inches in total diameter shall be installed. This
may be accomplished by one 2 inch tree or multiple trees whose diameters
add up to at least 2 inches.
(b) Shrubs-eighteen (18) 2 gallon shrubs across the front of the house
(c) Grass- solid sod from the fence to the front curb
Page 6 of6
Ordinance No. 2005-44
Amendment to Ordinance No. 99-31
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* C&S Media, Inc.
m:be .:1farmer~\.Jme m:ime~. Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie
Ord. No. 2005-41, Ord. No. 2005-42, Ord. No. 2005-43,
Ord. No. 2005-44, Ord. No. 2005-45
was published in said newspaper on the following dates, to-wit: Sept. 21 & 28, 2005
{JJJJt-
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
Ij~
day of
iJu--
, 2005
to certify which witness my hand and seal of office.
~N~~dfor
The State of Texas
My commission expires 01102/07
Murphy/SachselWylie Office. 110 N. Ballard. P.O. Box 369. Wylie, TX 75098.972-442-5515. fax 972-442-4318
Farmersville/Princeton Office. 101 S. Main. P.O. Box 512. Farmersville, TX 75442.972-784-6397. fax 972-782-7023
r ~_r::2~!2::!.__:.~: -18-2t-E.!.
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orrected immediately.
Legal Notices
NOTICE 01-" SPECIAL
MEETING OF
SHAREHOLDERS
OF
FIRST NATIONAL BANK
OF SACHSE
Notice is hereby given that a
Special Meeting of
Shareholders of First National
Bank of Sachse (the "Bank")
will be held at the office of the
Bank at 6600 Murphy Road,
Sachse, Texas 75048 at 2:00
p.m. local time on Tuesday,
October 11, 2005, for the pur-
pose of considering and acting
upon that certain Agreement
and Plan of Reorganization,
dated August 1, 2005, by and
among First Banks, Inc., a
Missouri corporation ("First
Banks"), The San Francisco
Company, a Delaware corpora-
tion which is a wholly-owned
subsidiary of First Banks ("SF
Company"), and the Bank and
the consummation of the trans-
actions contemplated thereby
pursuant to which a wholly-
owned subsidiary of the SF
Company will acquire the
Bank.
Dated: September 12, 2005
FIRST NATIONAL
THIS TAX RATE WILL
RAISE MORE TAXES FOR
MAINTENANCE AND
OPERATIONS THAN LAST
YEAR'S TAX RATE. THE
TAX RATE WILL RAISE
TAXES FOR MAINTE-
NANCE AND OPERATIONS
ON A $100,000 HOME BY
APPROXIMATELY $6.03
ORDINANCE
NO. 2005-43
AN ORDINANCE APPROV-
1NG AND AUTHORIZING
THE EXECUTION AND
DELIVERY OF "CITY OF
WYLIE, TEXAS, PUBLIC
PROPERTY FINANCE CON-
TRACTUAL OBLIGATION,
SERIES 2005"; SPECIFYING
THE TERMS OF SUCH
CONTRACT; MAKING
PROVISIONS FOR THE
PAYMENT THEREOF; AND
RESOLVING OTHER MAT-
TERS INCIDENT AND
RELATED TO THE EXECU-
TION, PERFORMANCE
AND PAYMENT OF SUCH
CONTRACT, INCLUDING
THE APPROVAL AND EXE-
CUTION OF A PAYING
AGE N T 1 REG IS T R A R
AGREEMENT; AND PRO-
VIDING AN EFFECTIVE
DATE.
ORDINANCE
NO. 2005-44
AN ORDINANCE OF THE
CITY OF WYLIE, TEXAS,
AMENDING THE COM-
PREHENSIVE ZONING
ORDINANCE OF THE CITY
OF WYLIE, AS HERETO-
FORE AMENDED, AND TO
AMEND ORDINANCE NO.
99-31 AND THE DESIGN
STANDARDS FOR THE
~VERCHASE PLANNED
DEVELOPMENT DISTRICT
(EAST FORK BY THE
LAKElRIVERCHASE) ON
THE HEREINAFTER
DESC~BED PROPERTY;
PROVIDING FOR THE
REPEAL OF ALL ORDI-
NANCES IN CONFLICT;
PROVIDING A SEVER-
ABILITY CLAUSE; AND
PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE
NO. 2005-45
AN ORDINANCE OF
Bidders must submit Cashier's
or Certified Check, issued by a
bank satisfactory to the City of
Wylie, or Bid Bond issued by a
bonding company satisfactory
to the City of Wylie, payable
without recourse to the order
of the City of Wylie in an
amount not less than five per-
cent (5 %) of the largest possi-
ble bid submitted as a guaranty
that Bidder will enter into con-
tract and execute Bond and
Guaranty in the form provided
within ten (10) days after
Notice of award of Contract to
him. Bids without required
check or bid bond will not be
considered.
The successful bidder must
furnish Performance Bond and
Payment Bond in the amount
of one hundred percent (100%)
of the total contract price from
a Surety Company holding a
permit from the State of Texas
to act as Surety.
The Owner shall give notice of
award of contract within nine-
ty (90) calendar days following
the opening of bids. The low
bidder must qualify within five
(5) working days after bid
opening, by submitting such
additional evidence as may be
required by the City.
The low bidder must furnish
evidence satisfactory to the
City on any of the foregoing
points, he may be disqualified
and the work awarded to the
next responsible bidder so
qualifying.
The City of )Vylie reserves the
right to reject any or all bids
and to waive formalities. In
case of ambiguity or lack of
cleamess in stating prices in
the bids, the City of Wylie
reserves the right to consider
the most advantageous con-
struction thereof, or to reject
the bid. Unreasonable (or
"unbalanced") unit prices will
authorize the City of Wylie to
reject any bid.
Bidders are expected to inspect
the site of work and to inform
themselves regarding all local
conditions.
Plans, specifications and bid-
ding documents may be exam-
ined without charge at the
office of Birkhoff, Hendricks
& Conway, L.L.P. 7502
Greenville Ave., #220, Dallas,
Texas 75231, and may be
continued on page 7
Monday_ PrepaYlllent is required _ Call 972-442-5515