Ordinance 1993-48
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, GRANTING A SPECIFIC
USE PERMIT FOR A PORTION OF PROPERTY PRESENTLY ZONED MH - MOBILE
HOME PARK., GENERALLY LOCATED ON COUNTY LINE ROAD AT ITS
ITERSECTION WITH THE ROCKWALL- DALLAS COUNTY LINE, AND
COMMONLY KNOWN AS REDWOOD ON THE LAKE (f/kla LAKE RAY HUBBARD
MOBILE HOME PARK), BY ALLOWING CERTAIN ACCESSORY STRUCTURES,
SWIMMING POOL, AND RECREATION AREA ON SAID PREMISES, PLACING
CERTAIN CONDITIONS THEREON; AMENDING THE COMPREHENSIVE ZONING
ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12,
ORDINANCE 91-13), AND ORDINANCE, AND REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE
WHEREAS, the zoning of the property herein described was established as "MH" by virtue
of Ordinance 85-39 passed and adopted on June 25, 1985; and,
WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of
July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Multi-family zoning of the
subject property, which it now enjoys; and,
WHEREAS, the owners of the property have properly filed a request with the City to obtain
a Permit for a Specific use on the premises consisting of a swimming pool, accessory structures,
and recreation/play area, all of which are allowable as specific uses in districts zoned MH; and,
WHEREAS, the Planning and Zoning Commission, after frrst having given all requisite
notices, by publication and otherwise, and conducting all requisite hearings thereon, has
recommended to the City Council that the request for the specific use permit be granted so long
as certain conditions as attendant to such grant, and advised that such intended use is in general
conformance with the master plan of the City; and,
WHEREAS, the City Council has heretofore conducted a public hearing on the proposed
changed and voted in open meeting to approve the specific use permit in accordance with the
recommendations of the Planning and Zoning Commission, including without limitation, the
recommended conditions;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the
Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the
same currently exists, so as to change the zoning classification on the property described on the
attached Exhibit A (which is fully incorporated herein by reference) by allowing the following
described specific use thereon:
A. Erection and maintenance of accessory storage buildings, provided that the same shall
be limited to 15 feet in height and require a separate building permit for the erection of
each such structure.
B. Erection and maintenance of a swimming pool on the condition that construction shall
be in accordance with fencing, lighting, and setback requirements of the zoning
ordinance, as well as the standard requirments in building and plumbing codes, and any
other applicable City ordinances or regulations.
C. Erection and Maintenance of playground and basketball court on the condition that the
basketball court be encircled by a 12 foot chain link fence and the further condition that
the playground be encircled by a 6 foot chain link fence.
D. All of the above specific uses are granted on the condition that construction of each
project is began within 18 months from the date hereof, and shall be completed within
24 months from the date hereof, and in event any of the above are no so commenced and
completed, within such time limitations, the special use permit, as to that one not
completed shall expire on such non-compliance.
SECTION II
That the Official Zoning map of the City be amended to indicate that the area effected
hereby has conditional and limited uses by suffixed use of .. Sit.
SECTION III
The specific use herein granted shall be of a permanent nature and perpetual existence,
subject only to forfeiture thereof as herein above provided, or further amendment of the Zoning
Ordinance.
SECTION IV
That the property herein described shall be used only in the manner and for the purposes
authorized by the Comprehensive Zoning Ordinance, of the City of Wylie, as amended.
SECTION V
Any person violating the provisions of this ordinance, or any part hereof, shall be guilty
commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of
the Zoning Ordinance, as the same now exists or is hereafter amended.
SECTION VI
Should any paragraph, sentence, sub-division, 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 or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION VII
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 VIII
That all other ordinances and code provisions in conflict herewith, specifically including
without limitation that portion of Ordinance 85-39 which established the zoning as hereinabove
referenced, are hereby repealed to the extent of any such conflict or inconsistency and all other
provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of 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
_ th day of October, 1993.
ATTEST:
Mary Nichols
City Secretary
( t/uh.)
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