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Ordinance 1999-31 ORDINANCE No.~9-E./ 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 TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; 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" 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 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 of this ordinance. DUL Y ySSED Texas, this / day of C PROVED by the City Council of the City of Wylie, , 1999. ,---..., By JE~4== JohyMondy, M or EXHIBIT "A" 136.339 Acres -William Patterson Survey - Abstract No. 716 FIELD NOTE DESCRIPTION 02/12/99 3EING a 136.339 acre tract of land situated in the William Patterson Survey, Abstract Number 716, Collin County, Texas and being a ,Jortion ofa 1 ~7.53 acre tract ofland according to the deed recorded in Volume 254, Page 563 of the Deed Records of Collin County, Texas (DRCCT) and being more particularly described as follows: BEGINNING at a one inch iron pipe found for the southeast comer of a 29.07 acre tract orland according to the deed recorded in Volume \ 687, Page 261 (DRCCT) and being located in the westerly right-of-way line ofF.M. 1378 (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 513.79 feet to a 5/8 inch iron rod set for the beginning of a curve to the right having a radius of 1,864.86 feet, a chord bearing of South 03%%d40'27" West and a chord length of248.22 feet; Along said curve to the right through a central angle of 070)7'55" for an arc length of248.40 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH 07~9'25" WEST a distance of296.00 feet to a 5/8 inch iron rod set for the beginning ofa curve to the left having a radius of 1,954.86 feet, a chord bearing of South 04%%d17'56" West and a chord length of217.70 feet; Along said curve to the left through a central angle of06~3'02" for an arc length of217.81 feet to a 5/8 inch iron rod set for the point of tangency; SOUTH Or06'25" WEST a distance of969.65 feet to a 3/8 inch iron rod found for the northeast comer ofa 100.00 acre tract ofland according to the deed recorded in Volume 883, Page 628 (DRCCT); fRENCE departing the westerly right-of-way line of said F.M. 1378 NORTH 8~40'14" WEST a distance of2,617.12 feet to a one inch ron pipe found for the northwest comer of said 100.00 acre tract ofland; THENCE NORTH 630)0'26" WEST a distance of28.19 feet to a 1/2 inch iron rod found for the southeast comer of a 207.452 acre tract ofland according to the deed recorded in Volume 860, Page 381 (DRCCT); THENCE along the easterly line of said 207.452 acre tract ofland as follows: NORTH Or44'29" EAST a distance of 993.36 feet to a 5/8 inch iron rod set for corner; NORTH 01046'26" 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 of land according to the deed recorded in Volume 390, Page 100 (DRCCT); NORTH 89002'17" EAST a distance of 460.09 feet to a wood fence post found for the southeast comer of said 9.0 acre tract ~ .' ofland 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 89012'27" EAST a distance of 1,297.76 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; .~-CONTAINlNG "vithin these metes and bounds 136.339 acres or 5,938,946 square feet ofland, more or less. ;' '" PLANNED DEVELOPMENT DESIGN STANDARDS EAST FORK BY THE LAKE City of Wylie August 6, 1999 I . SF-A - Single Family Residential Regulations :nus classification shall conform to the City of Wylie SF-1 zoning classification except as noted below: 9.01 Permitted lIses. 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) Noncorrunercial stables as an accessory use to the housing of animals owned by the resident and setback from adjacent property lines a minimwn distance of 100 feet. An area of one-half acre shall be required for each animal. The follO'l,ving 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 t03ewer. (11) Golf course, public. (12) Private club. 9.l Area regulations. (3) 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 v.idth of not less than 10 feet in width. A side yard adjacent to a side street shall not be less than 2'0 feet. Page I of 5 ~ .., (2) Size oflot. (b) Lot area. No building shall be constructed on any lot ofless than 20,000 square feet. Lot width. The minimum width as measured at the front building line of the lot shall not be less than 75 feet. Lot depth. The minimum depth of the lot shall be not less than 125 feet. (a) \ , (c) (3) . Minimum dwelling size. The ffiinimum floor area of any dwelling shall be 2,400 square feet exclusive of garages, breezeways and porches. Additional Guidelines Al Exterior Wall Materials - A minimum of75% of the dwelling's total exterior area, minus windows and doors, must be masonry venerer, such as brick, stone or stucco. A2 Roofs - Roofs must be covered with composition material of at least 180 Ib weight shingle and have a minimum pitch of 6: 12. A3 Fences and Walls - Fences may not exceed 6 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 cand and refuse containers Plant material such as trees and bushes may be used for screening. AS HOllse Elevation - No house elevation shall be constructed adjacent to each other " A6 LarlCiscaping - 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 (10) 3 gallon shrubs across the front of the house (c) Grass - solid sod from the fence to the front curb Page 2 of 5 ~ '"' SF-B - Single Familv Residential Regulations This classification shall conform to the City of Wylie SF-2 zoning classification except as noted below: I . 10.01 Permitted uses. Uses specifically not pennitted in SF-A above are not allowed in this classification \ \ 10.2 Area regulations. (1) Size of yards (b) Front yard. There shall be a front yard.ha\wg a depth of not less than 25 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 7 feet in width. A side yard adjacent to a side street shall not be less than 17 feet. (2) Size of/at. (a) Lot area. No building shall be constructed on any lot ofless than ~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. Additional Guidelines Al Exterior Wall Materials - A minimwn of75% of the dwelling's total exterior area, minus windows and doors, must be masonry venerer, such as brick, stone or stucco. A2 Rooft - Roofs must be covered with composition material of at least 180 Ib weight shingle and have a minimum pitch of 6: 12. A.3 Fences and Walls - Fences may not exceed 6 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: c. d. Clotheslines Drying racks Hanging clothes, linens, rugs and textiles of any kind Yard maintenance equipment Wood piles and compost piles Accessory structures such as dog hooses, gazebos, metal s,torage sheds and t' a. b. e. f. Page 3 of 5 greenhouses g. Garbage cand 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 4 inches. (b) Shrubs - eighteen (10) 2 gallon shrubs across the front of the house ( c) Grass - solid sod from the fence to the front curb SF-C - Sinflle Familv Residential Regulations This classification shall conform to the City of Wylie SF-3 zoning classification except as noted below: 1 J. OJ Permitted uses. Uses specifically not permitted in SF-A above are not allowed in this classification 11.2 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/at. (a) Lot area. No building shall be constructed on any lot ofless than 7,200 square feet. Lot width. The minimum width as measured at the front building line of the lot shall not be less than 60 feet. Lot depth. The minimum depth of the lot shall be not less than 110 feet. " (b) (c) (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.I Exterior Wall Materials - A minimum of 75% of the dwelling's total exterior area)! minus Page 4 of 5 ~ windows and doors, must be masonry venerer, 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 6 feet in height. Fences must bemade 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 cand and refuse containers Plant material such as trees and bushes may be used for screening. A5 House 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 of2 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. 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I wi r , I .. , l ~I ., rf ~'I If Irl I :11 !j~ 'I li I "I_ Jil" t .". f'~ ~I :i ~t '!I ~t 'II }' t!j .1. ,} !I 'i II ti ii il Ii! (f [' 11 ",{ r. t .1 t[ ~l If II I!!( if i I! fIr if ,I i !I Ii !; i If IE; ,! l~ I l~ I H ~ 111'1' ,ii I' 'J' . f' I ,1 f Ii S S .s 'I I~ I ", J'r -I"J ~ J 'f f ' = fr t II II I_ III 15 I t e .. [I i~ ~[ ; ~~ i 5~ it'll ,I 't I , ~ I r~ 1 [ f f"' I' I, , II 'II Ii I 11 ' i : if ~I JJ , [J" [-' ~ n S I : 11' "{I' ~. H c '- ~ .. ... . r ..,. · · S · "I rr r [ [ II I' In " . , ! I I , , , . z- ~ THE WYLIE NEWS Covering Wylie, Sachse, Murphy and the surrounding area 110 N. Ballard St. P.O. Box 369 Wylie, Texas 75098 (972) 442-5515 Fax (972) 442-4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, 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 06 Wyli~ - O~d. # 99-31 was published in said newspaper on the following dates, to-wit: Jan. 5 , 2000, and , 2000. t!l!k - Subscribed and sworn to before me this the / t to certify which witness my hand and seal of offic~. day of ..\\,\~Irrt.", ~~~t!'... *A :of :0: . . - \~. .':~l ~""~~~f9f:.1~\"" AMY C. LEWIS tIN COMMISSION EXPIRES September 26. 2001 ..- My Commission Expires 9- Zit -u01 ORDINANCE NO. 99-31 AN ORDINANCE OF THE CITY OF WYLIE. TEXAS. AMENDfNCJ THE COMPREHENSIVE ZON- iNCJ ORDINANCE OF THE CITY OF WYLIE. AS HERETOFORE AMENDED. SO /\S TO CHANGE THE ZONINCJ ON THE HERE- INAFTER DESCRIBED PROPER- TY TO PD. PLANNED DEVEL- OPMENT DISTRICT CLASSIFI- CATION: PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE:P AND PROVIDING FOR AN EFFEC- TIVE DATE. ATTEST: John Mondy. Mayor 32-11-339