Ordinance 2002-38
ORDINANCE NO.~t?;< -JB
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CfIY OF
WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE
ZONING ON THE HEREINAFTER DESCRIBED PROPERTY,
ZONING CASE NUMBER 2002-10 TO PLANNED DEVELOPMENT
(PD) 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 aU 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 COUNCn. 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 ofWylie, to give the hereinafter descn"bed property a new
zoning classification ofPD, Planned Development District Classification, said property being descn"bed in
Exhibit "A, B and C" attached hereto and made a part hereof for aU purposes.
SECTION 2.
.
That aU ordinances of the City in conflict witlithe provisions of this ordinance be, and the same are
hereby, repealed and aU other ordinances of the City not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECfION 3.
That the above descnoed property shaU 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 shaU be subject to the
general penahyprovisions of Section 1.5 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 shaU 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, shaU 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~ED
Texas, this day of
PROVED by the City Council of the City of Wylie,
2002.
ATTEST:
Barbara S
By
John
"
, .
Exhibit "A"
Legal Description
BIRMINGHAM FARMS PHASE 4A
ZC #2002-10
BEING a 5.911 acre tract ofland situated in the J. McUlmurry Survey Abstract No. 629, in the City of
Wylie, Collin County, Texas, and being a portion of that tract ofland descn"bed in deed to Birmingham
Land, Ltd. recorded in County Clerk's HIe No. 94-0029675, Deed Records, Collin County, Texas, said
5.911 acre tract being more particularly descn"bed by meets and bounds as foUows:
BEGINNING AT a 5/8" iron rod with yeUow plastic cap stamped ''Carter Burgess" found for the
southwest comer of Quail Meadow, an addition to the City of Wylie, Collin County, Texas, recorded in
Cabinet N, Slide 26, Plat Records of Collin County, Texas;
THENCE, S 89055'51" E, a distance of 626.16 feet to a 5/8" iron rod with yeUow plastic cap stamped
''Carter Burgess" found for the northwest comer of Birmingham Farms, Phase 3A, an addition to the City
of Wylie, Collin County, Texas, recorded in Cabinet N, Slide 907, Plat Records of Collin County, Texas;
THENCE, S 00053'18" W, along the west line of said Birmingham Farms, Phase 3A, a distance of
410.04 feet to a 5/8" iron rod with yeUow plastic cap stamped ''Carter Burgess" found in the north right-
of-way line ofTaledega Drive (50' r.o.w.), recorded in Cabinet N, Slide 907, Plat Records of Collin
County, Texas;
THENCE, N 89055'51" W, along the north right-of-way line of said Taledega Drive, a distance of
629.89 feet to a 5/8" iron rod with yeUow plastic cap stamped ''Carter Burgess" found for the
intersection of the north right-of-way line of said Taledega Drive and the east right-of-way line of
Country Club Drive (F.M. Hwy. No. 1378 - a variable width R.O.W.);
THENCE, N 01024'34" E, along the east line of said Country Club Drive, a distance of410.11 feet to the
Point of Beginning and containing 5.911 acres ofland, more or less.
.
"
Legal Description
BIRMINGHAM FARMS PHASE 4B
BEING a 8.044 acre tract of land situated in the J. McUlmurry Survey, Abstract No. 629, in the City of
Wylie, Collin County, Texas, and being a portion of that tract ofland descn"bed in deed to Birmingham
Land, Ltd. recorded in County Clerk's Flle No. 94-0029675, Deed Records, Collin County, Texas, said
8.044 acre tract being more particularly descn"bed by meets and bounds as foUows:
BEGINNING at a 5/8" iron rod with yellow plastic cap stamped ''Carter Burgess" found for the
intersection of the south right-of-way line ofTaledega Drive (50' r.o.w.) recorded in Cabinet N, Page
907, Plat Records, Collin County, Texas, and the east right-of-way line of Country Club Drive (F.M.
Hwy. No. 1378 - a variable width R.O.W.);
THENCE, S 89055'51" E, along the south right-of-way line of said Taledega Drive, a distance of 630.34
feet to a 5/8" iron rod with yeUow plastic cap stamped ''Carter Burgess" found in the west line of
Birmingham Farms, Phase 3A, an addition to the City of Wylie, Collin County, Texas, recorded in
Cabinet N, Slide 907, Plat Records of Collin County, Texas;
THENCE, S 00053'18" W, along the west line of said Birmingham Farms, Phase 3A, a distance of558.78
feet to a 5/8" iron rod with yeUow plastic cap stamped ''Carter Burgess" found for an interior eU comer
of said Birmingham Farms, Phase 3A;
THENCE, N 89006'42" W, along a north line of said Birmingham Farms, Phase 3A, a distance of 633.36
feet to a 5/8" iron rod with yeUow plastic cap stamped ''Carter Burgess" found in the east right-of-way
line of said Country Club Drive;
THENCE, along the east right-of-way line of said country club drive, the following courses and
distances:
N 01 004'05" E, a distance of321. 71 feet to a 5/8" iron rod with yellow plastic cap stamped
''Carter Burgess" found for comer;
N 01024'34" E, a distance of228.08 feet to the Point of Beginning and containing 8.044 acres of
land, more or less.
.
"
Exhibit "B"
Development Conditions
Birmingham Farms Phase 4A and 4B
Zoning Case No. 2002-10
General Conditions:
1. The Planned Development District shaU not affect any regulations found within the Zoning
Ordinance of the City of Wylie as enacted February 27,2002, except as specifically provided
herein.
2. All regulations of the Single Family-8.5/17 District as set forth in the Zoning Ordinance and aU
other provisions of the Code of Ordinances are included herein by reference and shaU apply,
except as specifically provided herein.
Special Conditions:
1. Streets and Alleys.
a. All residential streets shall have 31 feet of concrete pavement (measured :from back of
curb to back of curb) within 50 feet of dedicated right-of-way.
b. No alleys shall be required within this Planned Development District.
2. Area Regulations.
a. The minimum lot width shaU be 65 feet.
3. Design Standards. The Village Residential Requirements (Figure 3-14 of the Zoning Ordinance
shall be modified and/or fulfilled as foUows:
Land Design Requirements. [35 bonus points earned]
a. Pathways in Public Open Space.
i In the residential street adjacent to the public park north of Phase 4A, sidewalks
shaU be linked to any public trails constructed around the perimeter of the public
park.
11. In the public park south of Phase 4B, a public pathway meeting the specifications
of the City of Wylie shaU be cortstructed paraUel to the single loaded street
adjacent to the park within the street right-of-way or within the park and linked to
any sidewalks serving residential streets within this Planned Development District.
b. Perimeter Walkway and Landscape Buffer.
i ~ 20 foot landscape buffer shall be provided adjacent to Country Club Road. (10
points)
ii. A 25 foot landscape buffer shall be provided adjacent to Talladega Drive :from
Country Club Road to the first public street intersection.
m. A 4 foot meandering concrete sidewalk shall be constructed adjacent to or within
this landscape buffer.
c. Connections to Public Open Space.
i. A residential street shall be placed adjacent to the public park north of Phase 4A to
___..:..lI_ ____...:__..._ ...1.._ _..1..t~_ ___to
ii. A residential street shall be placed adjacent to the public park south of Phase 4B to
provide connection to the public park. (25 points)
d. Lighting and Furnishings along Public Pathways.
i Lighting and furnishings meeting the base standards of the City of Wylie zoning
ordinance shaU be provided.
e. Pedestrian Linkages to the Village Center.
i Pedestrian linkages shall be provided via residential streets within this Planned
Development District to the public park south of Phase 4B, and ultimately to the
neighborhood elementary school
Street and Sidewalk Requirements. [55 bonus points earned]
f. Curvilinear Streets.
i. Streets shall meet the city's street requirements.
g. Entry Features and Medians.
i. 100 feet of entry width shall be provided at T aUadega Drive from Country Club
Road to the first public street intersection.
ii. Landscaped parkways at the entry shaU be provided. (15 points)
h. Signage at Entries.
i. Signs at the entry may be incorporated into entry wall or monument sign.
i. Sidewalk Locations.
i. Sidewalks shaU be provided on both sides of aU residential streets.
ii. Sidewalks shall provide continuous pedestrian pathways.
J. Sidewalk Width.
i. 5 foot wide concrete sidewalks shaU be provided. (10 points)
k. Sidewalk Lighting.
i. Decorative street lighting shall be provided along residential streets, providing
lighting on both sidewalks and streets, at a maximum spacing of200 feet apart on
each side of the street..
ii. Pedestrian only walkways shaU be lighted only with low height lighting standards
and fixtures.
m All electric service shaU be under ground.
lV. Placement of directional and street name signage shall be provided on decorative
;lighting poles. (10 points)
l Perimeter Screening.
i. At the rear of residential lots adjacent to Country Club Road a 6 foot decorative or
solid masonry or concrete waU shaU be provided.
m Pedestrian Crosswalks.
i. Pedestrian crosswalks shall be striped:
n. Sidewalk Material.
L Speciahy paving, such as decorative concrete pavers, brick, stone, or patterned
concrete shall be provided within the Planned Development District to designate
connections to the trail system within public open space.
o. Street Trees.
1. Coordinated planting of front yard trees shall be provided throughout the
development to form a formal row of trees along the street, using trees of the same
species, minimum 3 inch caliper at time of planting, evenly spaced along both sides
of the street at a maximum spacing of30 feet on center. (20 points)
Architectural Requirements. [35 bonus points earned]
p. Exterior Fa~ade Material
i Exterior finish materials for residential dwellings shaU be 100% masonry (brick,
stone, stucco, or Hardi-Plank) with a minimum exterior finish of75% brick or
stone.
11. Vinyl shall not be used on the exterior fa~ade of a single-family residential dwelling
unit, excluding windows, doors and other fenestration.
q. Chimneys.
i Metal chimney flues for fireplace chimneys are to be within a chimney enclosure.
n. The chimney enclosure may be Hardi- Plank or similar cementitious material.
r. Ro of Pitch.
i. All single-family residential units shall have a minimum roofpitch of6:12.
s. Roof Materials.
L All single-family residential units shaU have architectural grade asphalt shingles;
concrete or clay roofing tiles, standing seam metal roofing, or slate roofing
shingles. (5 points)
t. Plan and Elevation Variation.
i. A minimum of 4 platted residential lots must be skipped on the same side of the
street before rebuilding the same single-family residential floor plan, except that
the same floor plan may be used within 2 lots if the street elevation design is
"
changed.
11. A minimum of 4 platted residential lots must be skipped on the opposite side of the
street before rebuilding the same single-family residential floor plan, except that
the same floor plan may be used within 2 lots if the street elevation design is
.changed. (10 points)
u. Porches.
L The front entry of any single-family residence, which in the entry facing the street
on which the residence is located, shaU have a covered front porch of a mTn1m\lm
of20 square feet floor area.
v. Mailboxes.
L A paired all-brick mailbox shaU be instaUed on the common lot line of the paired
addresses.
ii. A common design theme shaU be used throughout the development (5 points)
w. Address Plate.
L A cast stone or similar type address plate with mmlmum 3 inch numerals or letters
and on contrasting color shaU be instaUed on the front of the mailbox or the front
of each single-family residence. (5 points)
x. Garage Doors.
i Garage doors located on the street elevation of a single- family residential unit shaU
have a framing and doorway offset of 12 inches from the remainder of the street
elevation fa~ade of the unit.
11. Garage doors shall not constitute more than 50 percent of the street elevation
fa~ade of the unit.
y. Fencing.
i. All side yard or front yard fencing on any lot shall have a height between 4 feet and
6 feet and shall consist of metal, wrought iron or wood.
n. Wood fencing used on the perimeter of any yard shall be a mmimum of 6 feet in
height, stained a uniform color throughout each platted subdivision and shaU
contain steel support posts spaced 8 feet on center. If the wood fencing is vist"ble
from any street, the steel support posts shaU be placed on the inside of the fence,
facing away from the street. (1 0 points)
4. Park Dedication and Impact Fees.
a. City of Wylie park fees shall be waived for development within this Planned
Development District, so long as the owner and/or developer uses comparable funds
to provide park improvements within or adjacent to this Planned Development
District, Phase 13 or Phase 14 of Birmingham Farms.
b. No roadway impact, assessment or pro rata fees shaU ever be assessed, levied or
collected on development within this Planned Development District.
5. Infrastructure Improvements.
.
~
a. Perimeter Infrastrocture Improvements Not Required. Except as specifically descn"bed
herein, no street, water, sanitary sewer or storm sewer infrastructure shaU be required to
be constructed within Country Club Road on the perimeter of this Planned Development
District. The developer will construct a 12 inch water line in the Country club right of
way; from Talladega Drive to the south boundary of the PD, which is the south line of
phase 4b. The developer will construct storm sewer as required to service the
development.
6. Other Provisions.
a. The approved "Development Plan", adopted as part of this Planned Development
District, shall serve as an approved ''Preliminary Plat" for Birmingham Farms - Phase
4A and Phase 4B.
b. Development signs, as defined in the City of Wylie Sign Regulations, shall be
permitted to be placed on any property owned by Birmingham Land, LTD. to promote
subdivisions within this PD. For residential subdivisions, a sign may remain in place
until the related subdivision has received building permits for 100 percent of the lots.
All other Development Sign regulations shall apply.
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THE WYLIE NEWS
J ION. Ballard St.
P.O. Box 369
Wylie, Texas 75098
Covering Wylie, Sachse, Murphy and lhe surrounding area
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
Ot,12. ~. ;:z 0 0 L - 3 J>
was published in said newspaper on the following dates, to-wit:
&-J.-. ;)..
, 2002, and
, 2002.
~roCk
Subscribed and sworn to before me this the ~
to certify which witness my hand and seal of office.
day of Ne:ViZAy\b_
, 2002,
SUMMe" R. LADUE
Notary Public
S1ateofTe~
My Comm. Exp. 12-30-05
otary Public in and for
he State of Texas
Y\.!\-y'-t./,-
~';ht,~
My Comnnssion Expires J:;Z -30-0S
Wednesday. October 2, 2002 - THE WYLIE NEWS - Section B - Page 11
Public Notices
Public Notices
Public Notices
[HE
rOF
fAX
BONDS, SERIES 2002";
SPECIFYING THE
TERMS AND FEATURES
OF SAID BONDS;
LEVYING A CONTINU-
ING DIRECT ANNUAL
AD VALOREM TAX FOR
THE PAYMENT OF SAID
BONDS; AND RESOLV-
ING OTHER MATIERS
INCIDENT AND RELAT-
ED TO THE ISSUANCE,
SALE, PAYMENT AND
DELIVERY OF SAID
BONDS, INCLUDING
THE APPROVAL AND
EXECUTION OF A PAY-
ING AGENT/REGIS-
TRAR AGREEMENT
AND THE APPROVAL
AND DISTRIBUTION OF
AN OFFICIAL STATE-
MENT; AND PROVID-
ING AN EFFECTIVE
DATE.
MALS); PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR PASSED AND ORDINANCE NO.
REPEALING, SAVINGS APPROVED by the City 2002-40
AND SEVERABILITY Council of the City of AN ORDINANCE OF
CLAUSES; PROVIDING Wylie, Texas, this 24th day THE CITY OF WYLIE,
FOR AN EFFECTIVE of September 2002. TEXAS, AMENDING
DATE OF THIS ORDI- THE COMPREHENSIVE
NANCE; AND PROVID- JOHN MONDY, MAYOR ZONING ORDINANCE
ING FOR THE PUBLI- ATTEST: OF THE CITY OF
CATION OF THE CAP- BARBARA SALINAS WYLIE, AS HERETO-
TION THEREOF. \\CfTY SECRETARY FORE AMENDED, SO
\\ 19-1t-339/AS TO CHANGE THE
PASSED AND \ I ZONING ON THE HERE-
APPROVED by the City ORDINANCE NO. INAFTER DESCRIBED
Council of the City of 2002-39 PROPERTY, ZONING
Wylie, Texas, this 24th day AN ORDINANCE OF CASE NUMBER 2002-12
of September 2002. THE CITY OF WYLIE, TO PLANNED DEVEL-
TEXAS, AMENDING OPMENT (PD) DIS-
THE COMPREHENSIVE TRICT CLASSIFICA-
ZONING ORDINANCE TION; PROVIDING FOR
OF THE CITY OF THE REPEAL OF ALL
WYLIE, AS HERETO- ORDINANCES IN CON-
FORE AMENDED, SO FLICT; PROVIDING A
AS TO CHANGE THE S EVE R A B I LIT Y
ZONING ON THE HERE- CLAUSE; AND PROVID-
INAFTER DESCRIBED ING FOR AN EFFEC-
PROPERTY, ZONING TIVE DATE.
CASE NUMBER 2002-11
TO PLANNED DEVEL-
OPMENT (PD) DIS-
TRICT CLASSIFICA-
TION; PROVIDING FOR
THE REPEAL OF ALL
ORDINANCES IN CON-
FLICT; PROVIDING A
SEVERABILITY
CLAUSE; AND PROVID-
ING FOR AN EFFEC-
TIVE DATE.
PASSED AND
APPROVED by the City
Council of the City of
Wylie, Texas, this 24th day
of September 2002.
CLAUSE; AND PROVID- BARBARA SALINAS
ING FOR AN EFFEC- CITY SECRETARY
TIVE DATE. 19-1t-339
102";
fHE
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ING
AD
FOR
AID
lLV-
ERS
,AT-
TCE,
I.ND
AID
fNG
.ND
'AY-
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VAL
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,TE-
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RO-
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JOHN MONDY, MAYOR
ATIEST:
BARBARA SALINAS
CITY SECRETARY
19-1t-33
PASSED AND
APPROVED by the Cit 0 VORDINANCE NO.
Council of the City of~ ' 2002-38
Wylie, Texas, this 24th day AN ORDINANCE OF
of September 2002. THE CITY OF WYLIE,
TEXAS, AMENDING
THE COMPREHENSIVE
ZONING ORDINANCE
OF THE CITY OF
WYLIE, AS HERETO-
FORE AMENDED, SO
AS TO CHANGE THE
ZONING ON THE HERE-
INAFTER DESCRIBED
PROPERTY, ZONING
CASE NUMBER 2002-10
TO PLANNED DEVEL-
OPMENT (PD) DIS-
TRICT CLASSIFICA-
TION; PROVIDING FOR
THE REPEAL OF ALL
ORDINANCES IN CON-
FLICT; PROVIDING A
SEVERABILITY
,ND
City
of
day
PASSED AND
APPROVED by the City
Council of the City of
Wylie, Texas, this 24th day
of September 2002.
JOHN MONDY, MAYOR
ATTEST:
BARBARA SALINAS
CITY SECRETARY
19-1t-339
ORDINANCE NO.
2002-37
OR
~ST:
~AS
\.RY
339
JOHN MONDY, MAYOR
ATIEST:
BARBARA SALINAS
CITY SECRETARY
19-1t-339
Call 972-442-5515 to
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
ORDINANCE NO. 87-57,
SECTION 2 (DEFINI-
TIONS), SECTION 14(d)
(IMPOUNDMENT OF
ANIMALS RUNNING AT
LARGE), AND SECTION
13(c) (BITES BY ANI-
advertise in our Business
& Professional Dir. (See
Page 6B & 7B). Only
$25/week for 13 week com-
mitment.
.
JCE
~HE
OF
EN-
ON
JOHN MONDY, MAYOR
ATIEST:
Grand jury
.
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