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Ordinance 2000-22B ORDINANCE No.~-~B 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 Exhibit "A and 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this JIf: day of fZ trVtrYlb,r-; 2000. By John Mo ~-H~I A PROPERTY OESCRSPTlON BEING a 41.870 acre tract of land situated in the Lewis M. Marshall Survey, Abstract ~o. 594, Collin County, TeKas, and ~in9 a portioo of that called 47,8265 acre tract of land described in deed to Campbell/Wylie Partners recor~d in Volume 4571. Page 1058 of the Deed Records of Collin County, Texas, (DRCCT), said 41.870 acre tract of land being more particularly described by as follows; BEGINNING at a 5/8-inch iron rod found for the northeost corner of said 47.8265 acre tract, some being the northwest corner of that called 0.908 acre tract of land described in deed to Mark Strange recorded in Collin County Clerk's File No. 93-0064862, DRCCT, and being in the southerly right-of-way line of Form to Market Rood No. 2514 (Porker Rood), 0 100 foot right-of-way; THENCE South 01'17'01. East olong the common line of soid 47.8265 acre tract of land and said 0.908 acre tract of land, 0 distance of 294.36 feet (South 01'23'55- East, 294.30 feet, deed) to a 5/8-inch iron rod found for the southwest corner of said 0.908 acre tract of land; THENCE South 89'04'04- East continuing along said common line, 0 distance of 133.18 feet (South 8a- 42'01 - East, 132.52 feet, deed) to 0 3/8-inch iron rod found for the southeast corner of said 0.908 acre tract of land, same being the southwest corner of that called 1 .364 acre tract of land described in deed to Peggy Howe and Jim lee Howe recorded in Collin County Clerk's File No. 96L0036052, DRCCT; THENCE South 8a-54 '50- East along the common line of said 47,8265 acre tract of land and said 1.364 acre tract of land, at 0 calculated distance of 195.48 feet passing the southeast corner of said 1.364 acre tract of land some being the southwest corner of that called 2.0758 acre tract of land d~scribed in deed to Berkley Wm. Hotchkiss recorded in Volume 3012, Page 12, DRCCT continuing olong the common line of said 47,8265 acre tract of land and said 2.0758 acre tract of land in 011 for 0 total distance of 493.09 feet (South 88"54'31- East, 492.79 feet, deed) to 0 3/8-inch iron rod found for corner in the west line of DOVE CREEK MONROE ADDITION, 1 st In:stallment, an unrecorded subdivision in Collin County, Texas; THENCE along the common line of said 47.8265 acre tract of land and said MONROE ADDITION the following: South 00'22'37" West, at 0 distance of 98 feet crossing the approximate center line of Muddy Creek, continuing a total distance of 388.47 feet (South 00' 16'3r West, 388.10 feet, deed) to a point for corner; South 00'51'43- West, a distance of 82.86 feet (South 00'4S'3r West, 82.78 feet, deed) to 0 point for corner; South 11'16'1r East a distance of 47,31 feet (South 11'22'23" East. 47.26 feet. deed) to 0 point for corner; South 00'58'15" East, 0 distance of 263.14 feet (South 01'04'23" East, 262.88 feet. deed) to a 1/2-inch iron rod found for corner; South 00"49'1.:5" East, 0 distance of 240.00 f~t (South 00'51'23" East. 240.00 feet, deed) to a 1/2-inch iron rod found for corner; South 00'27'54- East. a distance of 348.94 feet (South 00'30'04" East, deed) to 0 point for corner; THENCE South 89'32'06- West, at an approximate distance of 58 feet intersecting the centerline of said Muddy Creek. continuing generally along said centerline of Muddy Creek in all for 0 total distance of 107.81 feet to a point for corner; THENCE continuing generally along said centerline of Muddy Creek the following: South 7 S58' 4 7" West, a distance of 126.18 feet to a point for corner; North 5/35'29" West, a distance of 126.59 to 0 point for corner; North 8/27'01" West, 0 distance of 111.13 feet to 0 point for corner in the approximate centerline of Turner Branch; THENCE generally along the centerline meanders of said Tuner Branch the following: South 44'59'19. West, 0 distance of 35.68 feet to a poi"t for corner; North 57'35'29" 'ftIest, o distance of 126.59 to 0 point for corner, North 87'27'01" 'ftIest, a distance of 111.13 feet to 0 point for corner in the approximate centerline of Turner Branch; THENCE generally alol'\g the centerline meanders of said Tuner Bronch the following: South 44'59'19M West, o distance of 35.68 feet to 0 point for corner; North 87'45'41M West, a distance of 63.85 feet to 0 point for corner; North 61'35' 41M West, a distance of 21.00 feet to 0 point for corner; North 04'17'19" Ecst, 0 distance of 43.99 feet to 0 point for corner; North 40'34'19" Ecst, 0 distance of 36.69 feet to 0 point for corner; North 10'34'19" Ecst, 0 distance of 23.96 feet to 0 point for corner; North 89'55' 41M West, o distance of 124.45 feet to 0 point for corner; South 68'03'19" West, a distance of 46.93 feet to a point for corner; South 02'07' 41 " East, a distance of 95.89 feet to 0 point for corner; South 44'27'19" West, o distance of 48.07 feet to 0 point for corner; South 86'31'19M West, a distance of 56.72 feet to 0 point for corner; South 46'32'07M West, o distance of 36.40 feet to 0 point for corner; South 78'54'19" West, a distance of 36.82 feet to 0 point for corner; South 54'06'19M West, o distance of 59.50 feet to 0 point for corner; South 39' 34'19M West, o distance of 55.88 feet to 0 point for corner; South 59'51'19M West, a distance of 73.89 feet to 0 point for corner in the west line of said 47.8265 acre tract of land some being the east line of that called 49.092 acre tract of land described in deed to Hugh L. Lewis recorded in Volume 706, Page 455, DRCCT; THENCE along the common line of said 47,8265 acre tract of land and said 49.092 acre tract of land the following: North 00'24'58" East, a distance of 1095.15 feet (North 00'06' 40M East, 1095.95 feet, deed) to a 1/2-inch iron rod found for corner; North 82'49'54' West, 0 distance of 266.71 feet (North 82'53'36M West, 266.71 feet, deed) to 0 point for corner: North 89'51'51 H West, 0 distance of 252.35 feet (North 89'55'33" West, 252.35 feet, deed) to 0 point for corner in the east line of that called 3.00 acre tract of land described in deed to Gerold Lewis recorded in Volume 961, Page 597, DRCCT; THENCE North 00'49'51 M West along the common line of said 47.8265 acre tract of lond and said 3.00 ocre tract of land at a calculated distance of 281.29 feet passing the most easterly northeast corner of said 3.00 acre tract of land some being the southeast corner of that called 2.00 acre troct of land described in deed to Alvin D. Duncon recorded in Volume 1359, Page 556, DRCCT, continuing along the common line of said 47,8265 acre tract of lond and said 2.00 acre tract of land in 011 for a total distance of 721.83 feet (North 00'32'05M West. 721.29 feet deed) to 0 1/2-inch iron rod found for corner in the aforementioned southerly right-of-way line of Farm to Market Rood No. 2514 (Porker Road); THENCE North 89'46'53" East along said southerly right-of-way line, 0 distance of 858.57 feet (North 89'41'37M Eost, 859.26 feet, deed) to the POINT OF BEGINNING; CONTAlNING 0 computed areo of 1,823,842 square. feet or 41.870 ocres of land. Exhibit "B" PLANNED DEVELOPMENT DESIGN STANDARDS ESTATES AT CREEKSIDE City of Wylie October 17, 2000 TRACT A - Single Familv Residelltial Regulations Area regulations. (1) Size of yards 1, Front vard. There shall be a front yard having a depth of not less than 30 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 10 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 lot, 1. Lot area, No building shall be constructed on any lot ofless than 10,000 square feet. 2. Lot width. The minimum width as measured as the front building line of the lot shall not be less than 75 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. (4) Additional Guidelines 1. Exterior Wall Materials - 100% of the dwelling's total exterior area, minus windows and doors, must be masonry veneer, such as brick or stone. 2. Roofs - Roofs must be covered with composition material of at least 240 Ib weight shingle and have a minimum pitch of6:12, 3. Fences and Walls - Fences may not exceed 7 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. 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: Gd\Creekside\Revised Creekside Planned Development.wpd -1- 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 H. Roof mounted antenna Plant material such as trees and bushes may be used for screening. 5. House Elevation - All plans shall be submitted and approved by the Architectural Control Committee, No like house elevation shall be constructed within 5 lots to each other on both sides of street. All garage doors shall be side loaded except if a minimum 25 feet behind front building line, Front load garage allowed on side street for comer lot. All chimneys shall be enclosed. 6, 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 in the front yard, This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches, B, Street Trees - Minimum of 1-3" caliper tree shall be planted between the sidewalk and the curb at all individual street frontages. C, Shrubs - eighteen (18) 3 gallon shrubs across the front of the house. D, Grass - solid sod from the front of home to the front curb. TRACT B Single Familv Residential Regulations Area regulations, (2) Size of yards 1, Front vard, There shall be a front yard having a depth of not less than 35 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 12 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 of lot. 1. Lot area. No building shall be constructed on any lot ofless than 12,500 square feet. Gd'.Creekside\Revised Creekside Planned Development.wpd -2- 2, Lot width, The minimum width as measured as the front building line of the lot shall not be less than 90 feet. 3, Lot depth. 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 2,400 square feet exclusive of garages, breezeways and porches, 4) Additional Guidelines 1. Exterior Wall Materials - 100% of the dwelling's total exterior area, minus windows and doors, must be masonry veneer, such as brick or stone. 2. Roofs - Roofs must be covered with composition material of at least 240 lb weight shingle and have a minimum pitch of6:12. 3. Fences and Walls - Fences may not exceed 7 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. Architectura:l metal fencing required along the 100 year flood plain. 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, mgs 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 H. Roof mounted antenna Plant material such as trees and bushes may be used for screening. 5. House Elevation - All plans shall be submitted and approved by the Architectural Control Committee. No like house elevation shall be constructed within 5 lots to each other on both sides of street. All garage doors shall be side loaded except if minimum 25 feet behind front building line. Front load garage allowed on side street for comer lot. All chimneys shall be enclosed. 6, 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 in the GdlCreekside\Revised Creekside Planned Developmenl.wpd -3- front yard, This may be accomplished by one 6 inch tree or multiple trees whose diameters add up to at least 6 inches. 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