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Ordinance 2011-07 ORDINANCE NO. 2011-07 ^�° 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, ZONING CASE NUMBER 2011-02, FROM PLANNED DEVELOPMENT (PD-2000-22B) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT — TO ALLOW A REVISED CONCEPTUAL PLAN AND MODIFY THE PD CONDITIONS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; 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, THEREFOI� �T ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIF TE�S: �� SECTI�1 L• T��t t��C�e�pr ensive Zoning Ordinance of the City of Wylie, Texas, be and the sarne is hereb , amende��arriending the Zoning Map of the City of Wylie, to give � Y the hereinafter: described property .a ,��v. zoning classification of Planned Development (PD), said property b' ' �t3escr�,�e ��`A" (Legal Description), Exhibit "B" (Conceptual Plan), « � '�.�,.., . ��'� and Exhibit C� '�;��,� �, c�d hereto and made a part hereof for all purposes. � p,,...�.�..�,..,,, .,� SECTION�,� ��nances 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 ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 ardinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, �°�"'" as the same now exists or is hereafter amended. Ordinance 2001-07 ZC2011-02 Estates of Creekside Decrease front yard setback SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ��rdinance 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 pena.lty 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 8th day of March, 2011. � t./ Eric Hogue, Mayor' �_. _ ATZ'EST: O L Vp , ��'�� ,, �l� Carale Ehrlic ity Secretary � DAT,� OF PUBLICATION: March 16, 2011, in the Wvlie News " �1� � ��7� Ordinance 2001-07 ZC2011-02 Estates of Creekside Decrease front yard setback Eahibit "A" Legal Description "�"°` Z.flne Case #2011-02 Being a 45.193 acre tract of tand situated in the Lewis M. Marshall Survey, Abstract No. 594, Collin County, Texas, and being a por#ion of that called 47.8265 acre tract of land described in deed to CampbelUWylie Partners recorded in Volume 45? 1, Page 1058, of the Deed Records of Collin County, Texas (DRCCT), and a portion of that called 2d9.3886 acre tract oF land in deed to CampbelllWylie Partners recorded in Collin County Clerk's File No. 98-0032454, DRCCT, said 45.192 acre tract of land being more particularly described by metes and bounds as follows: Beginning at a 5/8-i�ch iron rod found for the northeast corner of said 47.8265 acre tract, same being the narthwest corner of that called 0.908 acre tract of lan� described in deed to Mark Strange recorded in Co�lin County Clerk's File No. 93-0064862, DRCCT, and being in the southerly right-of-way line of Farm to Maricet Road No. 2514 (Parker Road), a l00 foot right-of-way; 'THENCE South O 1° 17' OI" East along the comman line of said 47.8265 acre tract of land and said 0.908 acre tract af land, a distance of 294.36 feet (South O1 °23'S5" 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; TI�NCE South 89°04'04" East co�rtinuing aloflg said common line, a distance of 133.18 feet (South 88°42'Ol" East, 132.52 feet, deed) to a 3/8-inch iron rod found £or the southeast corner of sa'sd 0.908 acre tract of land, same being the southwest corner of that calted 1.3b4 acre tract of land described in �-- deed to Peggy Howe and Jim Lee Howe recorded in Collin County Clerk's File No. 96-003b052, DRCCT; THENCE South 88°54'S0" East along the comFnon line ofsaid 47.8265 acre tract of land ai►d said 1,364 acre tract of lan�, at a cakulated dista.nce of 195.48 feet passing the southeast comer of said 1.364 acre tract af tand same being the southwest carner of that called 2,0758 acre tract of ia.nd described in deed to Berkley Wm. Hotchkiss recorded in Volume 3012, Page 12, DRCCT ctintirfuing along the common tine of said 47.8265 acre tract of land and said 2.0758 acre tract oF land in alI for a total distance of 493.09 feet (Sout�► 88°54'31" East, 492.79 feet, deed) to a 3/8-inch iron rod found for corner in the West line of DOVE CREEK MO�TROE ADDITION, 1� Instaqment, atid unu subdivision in Collin County, Texas; THENCE along the common line of said 47.8265 acre tract of iand and said MONROE ADDiTION the fallowing: South 00°22'44" West, a distance of 98.0 feet crossing the approximate center line of Muddy Creek, continui�ng a total distance of 388.58 feet (South 00°16'3T' West, 388.10 feet, deed) to a point for corner; South 00°51'44" West, a distance of 82.88 feet (South 00°45'37" West, 82.78 feet, deed) to a point for comer; � South 11 ° 16' 16" East a distance of 47.32 feet (Sauth 11 °22'23" Fas�, 47.26 feet, deed) to a point for corner; South 04°58' lb" East, a distance of 263.22 feet (South O1 °04'23" East, 262.88 feet, deed} to a'/Z- inch iron cod found for corner; South 00°53'28" East, a distance of 239.82 feet (South Od°51'23" East, 240.00 feet, deed) ta a'/z- inch iron rod found for vorner; South 00°32'48" East, a distamce of 600.59 feet {South 00°30'04" East, deed) to a 5/8-inch iron rod found for the northeast corner of said 209.3886 acre tract of land; TI�NCE South 00°20'ST' East along an east line of said 209.3886 acre iract of land, a distance of 292.95 fect to a point for corner in the approxinnate centerline of Muddy Creek; T'HENCE generally along the centerline meanders of Muddy Creek the following: North 83°09'34" West, a distance of 4723 feet to the paint for corne;r; l�orth 20°51'22" West, a distance of 164.22 feet to the point for corner; North 71°06'SS" West, a distance of i29.8$ Eeet to the point fpr comer; North 43°56'00" West, at a distance of 119.40 feet passing the common line of said 209.3886 acre tract o#'land and said 47.8265 acre tract of land continuing in a11 for a total distance of 2'10.74 feet to a point for corner, North 10°OS'08" West, a distance of 12d_72 feet to the paint for corner; North 15°19'47" East, a distance of 67.73 feet to the poi�t for corner in the approximate centerline of Tumer Branch; THENLE generally along the centerline meande�s of said Turner Branch the followistg: South 85°37'20" West, a distance of 137.58 feet to a point for carner; North 10°42'21" East, a distance of 50.29 feet to a point for corner; North 30°US' 11" West, a distance of 52.79 feet to a point for corner; North 85°53' 16" West, a distance of 52.53 feet to a point for corner; South 42°O1'37" West, a distance o£ 105.33 fee�t to a point for comer; South 45°30'08" West, a distance of 243.31 feet to a point for corner; South Sb°50'48" West, a distance of 207_02 feet to a point for corner; North 70°29'S0" West, a distance of 20.42 feet to a point for co� in the west line of said 47.8265 acre tract of land same 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; THEN�CE a�ong the common line af said 4'7.8265 acre tract of land and said 49.092 acre tract of land the following: ---� North Od°20' 14" East, a distance of 1077.71 feet (North 00°06'40" East, 1495.95 �eet deed} to a '/a-inch iron rod found for corner; North 82°49'S4" West, a distance of 266.71 feet (North 82°53'36" West, 266.71 feet, deed) to a � point for corner; North 89°S1'S 1" West, a distance of 252.35 feet (i�orth 89°55'33" West, 252.35 feet, deed) to a point fvr corner in the east line of that called 3.00 acre tract of land descxibed in dee� to Gerald Lewis recorded in Volume 961, Page 597, DRCCT; THENCE Nort� 00°49'S t" West, atong the common line of sa.id 47.8265 acre tract of land arid said 3.00 acre tract of land at a calculated distance of 281.29 feet passing the most easterly northeast coraer of said 3.00 acre tract of land same being the southeast corner of that cal�ed 2.00 acre tract of tand described in deed to Alvin D. Duncan recorded in Valume 1359, Page 556, DRCCT, continuing atong �f,he common line of said 47.8265 acre tract of land and said 2.00 acre tract of land in all for a total dis#ance of 721.83 feet (North 00°32'OS" West, 72I29 feet, de�d) to a'/z-inch iron rod found for corner in the aforementaoned southerly right-of-way line of Fazm to Market Road No. 2514 (Parker Road); TI-�NCE North 89°45'S3" East along said southerly �ight-af-way line, a d�stance of 858.57 feet (North 89°41'37" East, 859.26 feet, deed) to the POINT OF BEGINI�ING and CONTAINING a computed area of 1,968.544 square feet or 45.I92 acres of land. Save and Except that called 0.88 Tract of land which lies east of the centerline of Muddy Creek ana which lies within the Zfl9.388b acre tract of tand described above and as described in Exhibit "B: in City of Wylie Ordinance No. 97-15 which dis�nnexed certain propetty but retained said 0.88 acres in the City of Wylie's ETJ, leaving a net area of 44.31 acres of land, more or less. � n � � � �� N � �� r � W � y Q � � � � �Y m i � I., s� i ��• s��vu � t 7 '6 O :1! ; ii � � e ' c' ° q � ��' � � Y!u'li IM fi 9 i �q• �.{ � 1 f` I o ( 3 �f�� !�� r � �� _ � ! �I pt.� t � li � , � � � y ,- ;. �, �9; � � � � ° i ! : :' o� 9 �i � � �e � :��!I ' N� �"' �� • !�i e! � � + e is P F e'' i'' E ��i " ��3'!i i�i� 1 _ � {} IS ��4h�� S� iF� � fFEFi�:� i:fk��Y� ��FFFFtkfe• I.fE�il 1� ! � f L { 1 ��;i,�}aYl�,1�Ij� e �i..� .;�'��,: o;��CSl�6! ii,kl�l. R �� ° t��f �� I'• � � • �o� e�� u�� e'�! i �'� sa r' i � �., � i!: �� e� �� d�il�,t,�,i�n�l��l•s , ,� !lII�,�, � �IEi,� 1i161ll1 3s�;+ W 3 � � �� i'!�� I�! 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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 10 feet in width. A side yard adjacent to a side street shall not be less than 20 feet. 3. Rear There shall be a rear yard, a depth of not less than 25 feet. {2) Size of lot. 1. �ot area. No building shall be constructed on any lot of less 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. I,ot depth. The minimum depth of the lot shall be not less than 100 feet. (3) Minimum dwelling size. The minimum floor area of any dwclling 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 c;overed with composition material of at least 2401b weight shingle and have a minimum pitch of 8:12. 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: GdlCreekside�Planned Development Design Standards 12-29-] 0 -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 geenhouses G. Garbagc 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. Na like house elevation shall be constructed within 7 lots to each other on both sides of street. 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 ar multiple trees whose diameters add up to at least 6 inches, with no tree being srnaller than 3 inch caliper. B. Shrubs - eighteen (18) 3 gallon shrubs across the front of the house. C. Grass - solid sod from the front of home to the front curb. �` TRACT B SinPte Familv Residential ReQUlations (Block A, Lots 23-35; Block C, Lots 1-3; Block E, Lots 1-8; Block F, Lots 1-3) Area regulations. { 1) Size of yards 1. Front yard. There shall be a front yard having a depth of not less than 30 feet as nneasured from the frant 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 vc�rd. There shall be a rear yard, a depth of not less than 25 fcct. (2) Size of lot. 1. Lot area. No building shall be constructed on any lot of less than 12,500 square feet. 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 thelot shall be not less than t00 feet. Gd\G�cekside\Planned Development Design $tandards 12-29-IO -2- '"�"� (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 2401b weight shingle and have a minimum pitch of 8:12. 3. Fences and Walls - Fences may not exceed 7 feet in height. Fences must be made of masonry, wood or architectural rnetal. The use of chain link fencing is prohibited. Railroad ties may not be used for a retaining wall visible from the street. Architectural metal fencing required along the 100 year flood plain. 4. Screenirig - 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 D. Hanging clothes, linens, rugs and textiles of any kind .� E. Yard maintenance equipment F. Wood piles and compost piles G. Accessory structures such as dog houses, gazebos, metal storage sheds and greenhouses �I. Garbage can and refuse containers I. Roof mounted antenna Plant material such as trees and bushes may be uscd for screening. 5. House F,levation - A11 plans shall be submitted and approved by the Architectural Control Committee. No like house elevation shall be constructed within 7 lots to each other on both sides of street. 6. Landscaping - The followiug 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, with no tree being smaller than 3 inch caliper. B. Shrubs - eighteen (18) 3 gallon shrubs across the front of the house C. Grass - solid sod from the front of home to the front curb. �� Gd\Creekside\ftevised Creekside Pla�uud Dcvcloprncnt.wpd -3-