Ordinance 1999-39
ORDINANCE NO. gg-a~
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDMING THE ZONING
CLASSIFICATION FOR THE PROPERTY DESCRIBED HEREIN OF THE CITY OF
WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED NORTH OF THE
DART RAIL LINE AND EAST OF MCCREARY ROAD, FROM AGRICULTURAL
"A" TO PLANNED DEVELOPMENT "PD", AMENDING THE COMPREHENSIVE
ZONING ORDINANCE, BY AMENDING DISTRICT MAP (ORDINANCE 91-12,
ORDINANCE 91-'13) ORDINANCE 86-1, AND REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AMD PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property hereinafter described is zoned Agricultural "A" and is
so indicated on 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; and,
WHEREAS, the owner of the property has properly filed a request with the City
to change the zoning classification from Agricultural "A" to Planned Development "PD";
and,
WHEREAS, the Planning and Zoning Commission, after first 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 change in zoning
classification be granted; and
WHEREAS, the City Council has heretofore conducted a public hearing on the
proposed zone change and found that it meets one or more of the requirements for
amendments as stated in Section 35.1 of the Zoning Ordinance;
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 Appendix A of the
Wylie City Code, be, and hereby is, amended be amending the Zoning District Map, as
the same currently exists, so as to change the zoning classification on the following
property described on the attached Exhibit "N' to Planned Development. The uses and
standards of said property are as specified in the attached Exhibit "B".
SECTION II
The stated purpose and intent of granting the Planned Development designation is
to establish a planned development by incorporating and redistributing various
development uses resulting in the creation of a successful housing development
within an overall master planned community.
SECTION In
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 IV
Any person violating the provisions of this ordinance, or any part hereof, shall be
guilty of committing an unlawful act and shall be subjec6t to the general penalty
provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter
amended.
SECTION V
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 of provision thereof, other than
the part or parts as declared to be invalid, illegal, or unconstitutional.
SECTION VI
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 VII
That all other ordinances and code provisions in conflict therewith are hereby 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 VIII
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 the 18th day of December, 1999.
By
John
Mayo
.
ATTEST: ~ ~
Bar8ara SalinA!
(Ap l'l-ltf City Secretary
Exhibit A
"
1 SH:G all that lot, tract or parcel of land situated in the City of Wylie,
_oHin County, Texas, out of the Hoses Sparks Survey, Abstract ~:o. 849 and
being a part of the 306.965 acre tract of land conveyed to Parker International
Corpora~ion by deed recorded in County Clerk's File No. 94-0076703 of the Land
Records of Collin County, Texas. and being more particularly described by ~etes
and bounds as follo~s:
BEGINNI~G at a 5/8" iron rod set for the intersection of the North line of the
St. louis & South~estern Railroad (lOa foot right of way no~ occupied by Dallas
Area Ra?id Transit), with the East line of a 50 foot Road~ay and Utility
Easement conveyed to the City of Wylie by deed recorded in Volu~e 2240 at Page
941 of the Deed Records of Collin County, Texas. said 50 foot right of way
being known as McCreary Road;
THE~CE ~orth 1 degree 51 minutes 13 seconds East. along the East line of
McCreary Road and the East line of said SO foot Road~ay and Utility Easement, a
distance of 1078.80 feet to a 5/8" iron rod set for angle point;
THE~iCE North 1 degree 50 minutes 14 seconds East and continui.ng along the East
line of HcCreary Road and the East line of the Roadway and Uti.lity Easement
conveyed to the City of Wylie for a distance of 2262.30 feet to a 5/8" iron rod
set for corner. said point being in the South line of a 45.3768 acre tract of
land conveyed to Ashton Custer. l.L.C. by deed recorded in County Clerk's File
No. 95-0009496 of the Land Records of Collin County. Texas, said point also
being in a line of the Purker International Corporation 306.96S acre tract;
THE~CE South 89 degrees 20 minutes 39 seconds East (South 89 degrees 26 ~inutes
50 seconds East deed) along the South line of Ashton Custer L.L.C. 45.3768 acre
truct and common to the Parker lnternationul Corporation 306.965 ucrc tract for
a distance of 1252.26 feet to a 2" iron pipe found for corner. said point being
in the ~est line of a 135.8488 acre tract of land conveyed to Ashton Custer
L.L.C. by deed recorded in County Clerk's File No. 98-0008878 of the Land
Records of Collin County, Texas;
THENCE South 1 degree 09 minutes 25 seconds West (South 0 degrees 17 minutes 00
seconds West deed) along the West line of said Ashton Custer L.L.C.. 135.8488
acre tract and follo~ing an old tree ro~ and fence line for a distance of
1373.20 feet (2681.75 feet deed) to a 1" iron pipe found for angle point:
THENCE South 0 degrees 26 minutes 17 seconds East and continuing along said
Ashton Custer L.L.C. 135.8488 acre tract for a distance of 1308.52 feet to a
5/8" iron rod found for the South~est corner of said 135.6466 acre tract. same
being the Northwest corner of a 27.2413 acre tract to Kathleen Williams by deed
as recorded in Volume 562 at Page 361 of the Deed Records of Collin County.
Te:<as;
THENCE South 0 degrees 27 minutes 35 seconds West (South 0 degrees 22 ~inutes
50 seconds West deed) along the West line of said 27.2413 acre tract for a
distance of 781.92 feet (781.81 feet deed) to a 5/8" iron rod found for corner
in the North line of the aforesaid St. Louis & South~estern Railroad right of
way;
THENCE North 84 degrees 05 minutes 25 seconds West (North 84 degrees 08 minutes
07 seconds West deed) along the North line of said St. louis and South~estern
Railroad right of way and the South line of the aforementioned Parker
International Corporation truct for a distance of 1342.74 feet to the PLACE OF
BEGIN~il~G AND CmlTAINHiG 100.5989 ACRES OF u...r-:D, core or less.
.'
Exhibit "B"
PLANNED DEVELOPMENT DESIGN STANDARDS
MCCREARY ESTATES
City of Wylie
October 27,1999
SF-A - Sim!le Familv Residential Regulations
This classification shall conform to the City of Wylie SF-3 zoning classification except as noted
below:
Area regulations.
(1) Size of yards
1. Front vard. There shall be a front yard having a depth of not less than 25 feet as
measured from the front property line.
2. Side vard. There shall be a side yard on each side of the lot having a width of not
less than 6 feet in width. A side yard adjacent to a side street shall not be less
than 20 feet.
3. Rear vard. There shall be a rear yard, a depth of not less than 25 feet.
(2) Size of/ot.
1. Lot area. No building shall be constmcted on any lot of less than 7,200 square
feet.
2. Lot widtlz. The minimum width as measured as the front property line of the lot
shall not be less than 60 feet.
3. Lot deptlz. The minimum depth of the lot shall be not less than 100 feet.
(3) /vlinil1lul1l dwelling size. The minimum floor area of any dwelling shall be 1,600 square
feet exclusive of garages, breezeways and porches.
Additional Guidelines
Al Exterior Wall lvfateria/s - A minimum of75% of the 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 of8:12.
A3 Fences and Walls - Fences may not exceed 6 feet in height. Fences must be made of
masonry, wood or architectural metal. 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:
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1. Clotheslines
2. Drying racks
3. Hanging clothes, linens, rugs and textiles of any kind
4. Yard maintenance equipment
5. Wood piles and compost piles
6. Accessory structures such as dog houses, gazebos, metal storage sheds and
greenhouses
7. Garbage can and refuse containers
8. Roof mounted antelU1a
Plant material such as trees and bushes may be used for screening.
A.5 House Elevation - No like 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:
1. 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.
2. Shrubs - eighteen (18) 3 gallon shrubs across the front of the house
3. Grass - solid sod from the fence to the front curb
SF-B Simde Falllill' Residential Regulations
This classification shall conform to the City of Wylie SF-2 zoning classification except as noted
below:
Area regulations.
(1) Size oj yards
1. Front yard. There shall be a front yard having a depth of not less than 25 feet as
measured from the front property line.
2. Side vard. 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 20 feet.
3. Rear vard. There shall be a rear yard, a depth of not less than 25 feet.
(2) Size oJlot.
1. Lot area. No building shall be constructed on any lot of less than 8,500 square
feet.
2. Lot width. The minimum width as measured as the front property line of the lot
shall not be less than 60 feet.
3. Lot dent/I. The minimum depth of the lot shall be not less than 100 feet.
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(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 minimum of75% 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 of 8:12.
A3 Fences and Walls - Fences may not exceed 6 feet in height. Fences must be made of
masonry, wood or architectural metal. The use of chain link fencing is prohibited.
Railroad toes 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:
1. Clotheslines
2. Drying racks
3. Hanging clothes, linens, rugs and textiles of any kind
4. Yard maintenance equipment
5. Wood piles and compost piles
6. Accessory structures such as dog houses, gazebos, metal storage sheds and
greenhouses
7. Garbage can and refuse containers
8. Roof mounted antenna
Plant material such as trees and bushes may be used for screening.
A.5 HO/lse Elevation - No like house elevation shall be constructed adjacent to each other
A6 Landscaping - The following minimum landscape features shall be installed prior to the
initial occupancy:
1. 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.
2. Shrubs - eighteen (18) 2 gallon shmbs across the front of the house
3. Grass - solid sod from the fence to the front curb
SF-C - Simde Fmnilv Residential Regu/atiolts
This classification shall confonn to the City of Wylie SF-l zoning classification except as noted
below:
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Area regulations.
(1) Size oJyards
1. Front yard. There shall be a front yard having a depth of not less than 25 feet as
measured from the front property line.
2. Side yard. There shall be a side yard on each side of the lot having a width of not
less than 8 feet in width. A side yard adjacent to a side street shall not be less
than 20 feet.
3. Rear yard. There shall be a rear yard, a depth of not less than 25 feet.
(2) Size oj lot.
1. Lot area. No building shall be constmcted on any lot ofless than 10,000 square
feet.
2. Lot width. The minimum width as measured as the front property line of the lot
shall not be less than 60 feet.
3. Lot deoth. The minimum depth of the lot shall be not less than 100 feet.
(3) Minimum dwelling size. The minimum floor area of any dwelling shall be 2,000 square
feet exclusive of garages, breezeways and porches.
Additional Guidelines
A.I Exterior Wall Materials - A minimum of 75% of the d\velling's total exterior area, minus
windO\vs and doors, must be masonry veneer, such as brick, stone or stucco.
A.2 RooJs - Roofs must be covered with composition material of at least 180 Ib weight
shingle and have a minimum pitch of 8: 12.
A.3 Fences and Walls - Fences may not exceed 6 feet in height. Fences must be made of
masonry, wood or architectural metal. The use of chain link fencing is prohibited.
Railroad toes 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 dwellings, if any of these items exist on the lot:
1. Clotheslines
2. Drying racks
3. Hanging clothes, linens, mgs and textiles of any kind
4. Yard maintenance equipment
5. Wood piles and compost piles
6. Accessory stmctures such as dog houses, gazebos, metal storage sheds and
greenhouses
7. Garbage can and refuse containers
8. Roof mounted antenna
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Plant material such as trees and bushes may be used for screening.
A.5 House Elevation - No like 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:
1. 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.
2. Shrubs - eighteen (18) 2 gallon shrubs across the front of the house
3. Grass - solid sod from the fence to the front curb
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