08-21-1986 (Planning & Zoning) Agenda Packet AGENDA SUMMARY
PLANNING & ZONING COMMISSION
THURSDAY, AUGUST 21, 1986
ITEM NO. 1 - APPROVAL OF MINUTES - No additions or
corrections.
ITEM NO. 2 - AMENDMENT TO PROTECTIVE COVENANTS FOR STONE
GROVE - STone Grove is the subdivision formerly known as
Benedict Estates and approved as a planned development,
located on E. Stone Road, east of and adjacent to Quail
Hollow. At the time of review of the developmental plan,
the developers offered a list of Planned Development
Specifications (requirements) that they desired to have
filed with the final plat in order for the City to be in a
position to enforce said requirements. At that time, one of
the specifications was for a minimum 2200 square foot single
family dwelling. It is their desire to change that
requirement to a minimum 2100 square foot dwelling. A copy
of the specifications is included in your packet. You will
note, these requirements are to be filed with the final plat
and thus become a part of the official plat, filed at Collin
County.
ITEM NO. 3 - PUBLIC HEARING ON ZONING OF 320 ACRES ON SH78
This property is what was formerly known as the Texana
property, located on SH78 across from Steaks Over Texas and
surrounding the site for the new Municipal Complex. It is
comprised of 320 .9 acres out of the Francisco de la Pina
Survey, Collin County Abstract 688 . Included in your packet
is a copy of the developers zoning exhibit for your review.
Also included, as an insert, is a detailed zoning request
prepared by the developers engineers for your information
and review. Representatives will be present at the meeting
to answer your questions. The staff has reviewed this
petition and held the required pre-development conference
with the owners, and recommend approval .
/9r
AGENDA
REGULAR MEETING
PLANNING & ZONING COMMISSION
CITY OF WYLIE, TEXAS
THURSDAY, AUGUST 21, 1986
7 :00 P.M. COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1-3 Consider approval of minutes.
2 4-13 Consider amendment to the
Planned Development Specifications
to be attached to and made a part
of, the final plat to be recorded
for Stone Grove (PD) .
3 14-24 Conduct PUBLIC HEARING on the
request for Industrial , Business 1 ,
Multi-family, Townhouse (SF-A)
Single Family 3 (SF3) and Single
Family 2 (SF2 ) zoning for 320 .9
acres out of the Francisco de la
Pina Survey, Collin County Abstract
688 . Located on the north side of
E. SH78 , east of Eubanks Lane.
Property surrounds the site for the
new Municipal Complex.
4 ADJOURN
MINUTES
PLANNING & ZONING COMMISSION
CALLED MEETING
THURSDAY, AUGUST 7, 1986
The Planning and Zoning Commission for the City of Wylie,
Texas met for a Regular Meeting on August 7, 1986 in the
Wylie Community Center. A quorum was present and notice of
the meeting had been posted for the time and in the manner
required by law. Those present were: Chairman Kent Crane,
Vice-Chairman Brian Chaney, Fred Ouellette, J. F. Hall , Ben
Scholz and Ken Mauk. Bill Chapman was absent.
Representing the city staff was Gus H. Pappas, City Manager;
Roy Faires, Code Enforcement Officer; and Amanda Maples,
Secretary.
The meeting was called to order at 7: 00 P. M. by Chairman
Kent Crane.
ITEM NO. 1 - APPROVAL OF MINUTES - Chairman Kent Crane asked
for any additions or corrections to the minutes of the July
24, 1986 Regular Meeting. Vice-Chairman Brian Chaney made a
motion to accept the minutes as presented. Ken Mauk
seconded the motion. Motion carried 5-0.
ITEM ro. 2 -- PUBLIC HEARING ON REZONING OF 5 ACRES ON SH7B -
This property is described as 5. 1u5= acres out of the S. D.
Shelby Survsy , Collin County Abstract 820. The petitioner
is asking for a change from Retail to Business 1 in order to
add a little flexibility to the tract. The B1 zoning will
allow -or- higher traffic businesses as well as for
businesses who keep later hours than -=-`ic:se associated with
Ihe hi -z.o 1 i i a -:1 1 i also l i o►: -c O r
anything which would be allowed in retail . Specifically, B1
will allow for restaurants with drive-in service, etc. The
staff has reviewed this request and recommends approval .
Letters have been mailed to property owners within a 20_) -it .
radius of the property. A total o-f 18 letters were mailed.
Of the 18 letters only 2 responded and they were favorable
to the E 1 zoning.
Chairman: ,`o -,t Crane opened the oubi! i _ hearing_ . :here being
no questions or opposition the p_tblia hearing was cicsd ar:d
brought be or= the board for discussion. Vice-Chairman
Brian Chaney asked Mr. Pappas i F Mr. Moussa was planing
anything +or this tract besides something with a hi iha✓r
traffic use. City Manager Gus Pappas responded th-a.=. the
only thing he knew of was that a McDonalds had approached
them but ;is did not know if the deal was set . Chairman ent
_:rare commented that he does not have a problem ,.. _ -. a
higher traffic use because even though this is across from a
school , it is an elementary school where parents usually
drop-off their children at the door. There is less walking
traffic here than in a middle school or a high school . He
then asked Mr. Pappas if the Bank was included in the
request for B1 zoning? City Manager Gus Pappas said yes,
but the bank could fit under the B1 zoni hg. Chairman Crane
• said . that it appeared that the Bank had built across the
property line and that we might need a replat request to
cl ai rfy the problem. City Manager Gus Pappas said that he
thought that the property had been platted into one piece
but the staff would check into that. Fred Ouellette stated
that he had no problem with B1 zoning but that in the future
he would like to know what piece of property he was zoning.
Chairman Kent Crane said that if it was the general
consensous of the commission to approve this then we should
send a note to the Council to verify that this is the piece
of property that we think it is. Vice-Chairman Brian Chaney
said that he would like to leave this tract zoned as retail
and he would like to see an office building there or
something that would be of a lesser traffic use and
beneficial to the City of Wylie. City Manager Gus Pappas
said that this was considered to be the hottest corner in
Wylie right now and generally you don 't use your best
business locations for office space. J. F. Hall made a
motion to accept the B1 zoning with a notation to the City
Council to verify that this piece of property is one whole
piece. F.en Maui: seconded the motion. :'lotion carried 4-1
opposed.
ITEM i O, - APPROVAL OF DEVELOPMENTAL PLAN FOR "THE
MEADUWS" - This property is located in the triangle formed
by S. Ballard . Stone and S. Bir-miaaha,,. streets. Michael
Cummings stated that the plat he was presenting tonight was
L asi ci 'v the same as the plat t nr the goncEnt of a._' presented
17'6b. � ...ii:_'vc.'i- o1 i-ic _ ..c. _ '7�. _ i' -mot.1+ tn..(t
Di tne lots have existing easements from 'P&L that are 2
1 feet from the property line on the zero lot line side.
This means that the houses will have .__ LDE o u i I t 2 1 : 2 feet
from the property line and have on1 .-. 1i__ Leet gett' een the
houses. City Manager Gus Pappas sai, that_ e staff has an
obiection to the fence layout because each persons fence
would not be on his property line. Michael Cummings said
that he could maintain the 0 lot lire in ail rases. except
the 8 lcts -e the e t° arc ni d - : .jn.ly those
houses 2 1/2_ feet of he property 1 i He also said that
he would put a note on the plat that _ _ builder would put
sidewalks all Si ono S. Bi rm- ndna . Stone Rd.
Fred Ouellette made a motion to coon- o:'- -ae - _. _ with al
houses built on the zero lot line exec'_ _ _ne• _ co,_:._es where
the easement prevents this and stioii .. i clearly on the-
plat that t`-.- Milder will pro:. 1 _., ._- _ _11 alcn;
Birmingham, Ballard and Stone Rd . 1 __.- ;..i r..._,n Brian
_.har1 =e__nded the motion . M pti or,
ITEM NO. 4 - ADJOURN - Vice-Chairman Brian Chaney made a
motion to adjourn the August 7, 1986 Regular Meeting of the
Planning and Zoning Commission. J.F. Hall seconded the
motion. Motion carried 5-0.
Kent Crane, Chairman
Planning & Zoning Commission
Respectfully Submitted:
Amanda Maples, Secretary
August 12 , 1986
Dear 'lavor and `lembers
of the City Council ,
We , the undersigned owners of Stone Grove Development , being
a planned unit development , make the following request : that
the attached and revised protective covenants be approved by
the council .
In order to provide our prospective purchasers with the pro-
tection we deem necessary , we request that these protective
covenants be attached to , and made a part of , the final plat
to be recorded . Thereby givins these protective covenants
the same force and authority as a city ordinance .
Sin�erely , �
X/CL
Percy Simmon
Harold Spence
PS/HS : jb
• V
- O EC T i vE LOVENN j
S f:iiNE �F.U'cE DEVELOPMENT
THE --'L!N I OF _C `1N
{- _ _. -pence Development ! "Owner " j _. i e y_' _L:;. -
_.ov-ar i on . be:no tree owner of the real prc,oer-1_ `'Prociert.y.:,
situated in Cold „ Lourty . Texas being described
Ail of those lots contained in that certain tract
and parcel of land being Stone Grove , an addition
to the Cite of Wylie . Texas, according to map and
biat thereof recorded in Voiume
Fade of i'1ac and Platt Record Recorda of Collin
'_bunt v. I ". :'e being more fully d ;sc_r a Leo ) ,-. the
dttaccned E;'hiolt "H wr!iCh is incorporated herein
DV refer reference for all ourc,CDSeS.
Owner had adopted an overall plan for the orderly ly d"eyeloo;I?enl_
_t
r' .. the Froperty , and to implement such a plan desires. to and
hoes herebyadopt the following Protective covenants wnl ch .
t ooetter with any covenants and restrictions which may here-
after oy contained in deeds from the covenant"_ running with
the land id and shall be upon any purchaser , grantee , owner or
lessee of any land or building in the Property , and upon the
resoective heirs , executor , administrator, devises , succes-
sors _ ,-y- assigns =o: each r_;urchaser . ❑r'"_antee . owner or leases ,
and
shall1 irisLirt' to tjiF_. H!E'!.'EtLt nf
and be enforceable by
Owner and the Owner ' s successors and _.__1CInt
1 . Prior to the construction , remodelinc or alteration _f
any building or other structure. o a Como-ete set of olans
and specifications showini plot layout exterior _levcti0r1L
and materials thereof , and structural desl on . covering such
pr-onosed work shall be submitted to the Architectural Control
Committee las hereinafter- defined! for approval and no con-
struction shall commence until such plans have been approved.
One set of plans_ will be retained by the Committee until the
home has received a Certificate D7 Occupancy from the City
Wylie.
2. There shall not be constructeo or placed upon any lot
contained in the Property any structure except a single-
family residence and other attached and detached building..
reasonably suited to the residential purposes of the main
structure, none of which shall exceed ._;i_) feet in h;eignt ,
except where such greater height is approved in writlna by
the Architectural Control Committee.
Construction of new buildings only shall be permitted .
it being the intent of this covenant to prohibit the movino
of any existing building onto a lot and remodeling or
conver tin' the same into a dwelling unit upon the oraper.t.J.
PROTECTIVE COVENANTS
OP STrNE GROVE DEVELOF MENT
4. Any one-story residence _erected shall have not less
than 121e0 sQuare +eet of livino area . excluding all porch .
patio and garage areas. Any two-s.tory residence erected
shall have not lese than 21u_!0 square feet of living area,
exclusive of all porchs, patios and garaoe areas. Any
structures of Dreher heioht shall have area as may oe
required by the Ar_hi tecturai Control Committee.
5. The exterior walls of the main structure erected on a
lot shall be a minimum of 75;: of the total outside wail area
of brick , brick veneer , stone or stone veneer , except where
th= Architectural Control Committee shall approve other
materials. Carports, garage= and other out-buildings reason-
ably suited to the singe-family residential purpose of the
lot may be of other materials other than metal . unless said
parade or other building's are attached to the residence in
F event minimum r!ium cove...
wr�lr,l t the computation `f tt-;E� 5/_:•. r ai7E of
outside wall area shall -include said attachec garage or other
buildings .
b. The root of any structure shall be Co! oosi ti on , Tile,
or Cedar shakes or shingles that have been treated by fire
retardant chemicals. approved ty the fire department of the
City of Wylie, except where the Architectural Control
Committee Permits ;.he use of other materiels- Composition
roofs to be of :1mberl 1ne type , variegated pitch , wea hered-
weno ❑re -torte appearance aperoveo bby see Hr'cnitG.r_t a. 1
.-:int.'ol C_inmi ttee +_!ni e___ otherwiee anproved LJ - the Architect-
ural to'ntroi Committee. -OO+ linee of eel r el dences must be
a... a. . . l� pitch or st'eoer uniees otherwise aporo-'ed by the
Architectural i_cr"!troi Committee.
%. No parade or carport shall open to the ono 'f any lot .
The Architectural control Lom.11i =tee, almond o=her thinoss, may
r-eouire any earece ooenlno t= be CC-ouipOed with an automatic
aaraoe door opener . anc other similar and dl s=i ml 1 .a.r rcou1-e-
ments appropriate.ate. to the nr o=er :ion to he tint s rp- - _ retie_ t
the subdivision , as determined in the exercise of the
Architectural Control Committee ' s good faith discretion.
B. No bui l di ne shall be 1 ocated on any lot nearer to the
front linee than the building lines established on the re-
corded plat above described , unless otherwise approved by the
City of Wylie and the Architectural Control Committee. No
Muir' or out-ouiidino inciudlno , cut not limited o , garages,
caroorts , and storage 'bui ldino=_ shall be erected closer than
the erecter of : 1 ten ( 11.0 -eet from the side property line
or Y2) a number of feet from the side property line which is
107 of the average width of the lot except as may be approved
by the Architectural Control Committee. On corner lots,
buildings_ shall be located to conform to the buiidine line
from the side street property line as indicated on the
recorded plat , except as may be specifically approved by the
City of Wylie and the Architectural Control Committee.
PAGE
PROTECTIVE COVENANTS
OF STCNE GFGiE DEVELOPMENT
y. No oil drl l 1 inc . oil development operations , oil re-
ining , quarryincg mining operations et any kind _hail be
permitted upon or on any lot . nor shall cii well , tanks ,
tunnels , mineral eca,.ation or shafts be permitted upon or on
any lot . No aerricF: or other structure designed for use in
quarrying tor oil or natural gas shall be erected , maintained
car permitted upon or on any lot.
lu. Trucks with tonage in excess of tr,ree-quarters ton
shall not be permitted to park overnight on the streets ,
driveways or otherwise within this subdivision.
11 . No vehicle of env size which transport_ inflammatory
or explosive cargo may be kept in this Addition at any time.
r-'_.tie r 12. NDst structure , fence , wall , hedo_ or shrob planting
which r'ectructs sight lines at elevations between two and
feet above roadways snail be placed or permitted to remain on
any corner 1 ct within the triangular area formed by the
street property lines , end e line connectinc them at points
feet from the intersection of the street lines , or in the
case of a rounded property corner . from the intersection of
the street property line with the edge of a driveway. Nn
trees shell be permitted to remain within such distances of
such intersections unless the foliage 11 r;e is mai ntel n±ed at
slit f i r i ent height to prevent obstruction of such sight lines.
Perteining to Phase i - Lot I o - BloCk: -- - - - of Elocik A,
L_ t 1 of l or : 4 Lo - - - cf Block: E , Lot i of Eloci. E . and
t. 2 of hl oc;. C_. and _:,_:r t i Rio ;o Phase _ _ . cot 1 8i oc,. D
end Lot _ El cc k. r r a 0 t= ere reserved
q the owner to
o n s -. _. . entry to the property i within i..
c_ _tr �+.c-_ �-. permanent _r-:T=r . Si_� t1n _t';C � .ver ty wi L the
25 for _ 25 foot easements shown on the recorded pl att. Any
ornmor improvements referred to in this car asraph or Chanaes
after construction of such improvements muse be aporo'. ed by
the Architectural Control Committee.
1_ . No metal fencina of env type wh:otsoe e., incluoin•o but
not limited to cyclone. chicren wire. barbed wire, hog wire,
etc . shall be allowed.
14. Every residence constructed on any residential lot
shall front on the street on which it is platted.
15. After the sccepten'ce of the streets by the City of
Wylie , lots must be .-".cot mowed and clear of ender-brush so es
not to be an annoyance, nuisance, or eyesore to the neighbor-
hood . If the lot is not mowed and/or cleared within 10 days
from receipt of notice from the Architectural Control Commit-
tee. then the Committee shall have the riaht to have the said
lot mowed, cleared , cleaned-up or whatever else is necessary
to brine the lot into conformance with this covenant. If the
Committee has to take action under the terms of this covenant
then it shall be reimbursed by the lot owner for costs incur-
red plus 15 administrative charge.
PAF,F -
PROTECTIVE COVENANTS
OF STONE GROVE DEVELOPMENT
Construction cf any residence shall be completed
within one year from the date of the building permit . If not
conipi eteo within this period , the amount of $25. +ii, per cap
shall be paid as agreed partial damages to _iwner : it being
acknowledged that Owner will be damaaec in an amount o f --
f l cul t to ascertain.
17 . During and upon completion of any construction . the
builder and owner of a lot shall be jointly and several l v
responsible for the removal of any trash or debris that may
have been thrown or placed on the premises or any adjoining_
property and shall leave street adjoining premises clean.
No construction shall commence until a permanent con-
crete culvert for drainage under the driveway is in place
unless otherwise approved by the Architie,ctural Control
Committee. Further the drairace ditches c- re to be tree
and clear c- debris both dorino and after construction.
18. No structure of a temporary character - trailer .
mobiiehome , tent , shack , garage, barn or other building shall
be u_.ed on any lot at any time as a residence either
temporarily or permanently. No oaral e. servant house. garage
house , or outbuilding shall be occupied by owner or employee
prior to the erection cf the main dwelling.
9. No s n-, of any king shall be displayed to the _,at,lic
i e 4N a .' let e c t'p t �%n E which la nor iTi rD % t(';a.f-i five
-Ft . , advertising tr;e Property for_ sale or rent or signs
used b`:' _ builder to advertise the Property during the
construction and sales period.
(_ No noi: i Ju5. or te1=_ve activity as
defined by the
Arc ,itecturai Control Committee , shall be carried on Llc.on any
1 Ot nor shall anvthl n❑ be done thereon which may be or may
become an annoyance or nuisance to the neighborhood . This
ordinance being enforceable by the Architectural Control
Committee.
21 . NC trade or business of any r ' i be
uC1cn the Property of any part thereof .
22. No lot shall be used or maintained as a dumping orcund
for rubbish , trash , a rbage or other waste trash ; garbage
or other waste shall be kept in sanitar', containers.
No animals . livestock or poultry of any kind shall be
raised , bred or kept on any lot , except that doos, cats, or
other household pets may be kept in reasonable numbers so
long as they do not constitute an annoyance or nuisance to
the nei ohborhood and provided that they are not kept , bred or
maintained for any commercial purposes. Anything pertalnino
to this restriction is subject to all applicable City,
County, State, and/or Federal laws, rules or regulations.
PAGE 4
•
FROTECTTVE CCvENANTS
OF TONE GROVE :'EVECOFMENT
24. No radio , television towers , aerial wires . satellite
disc or other similar apparatus shall be maintained on any
loot that does not contain a residential structure , and no
commercial towers for that purpose shall be constructed. Any
such proposed structure MUSt have the approval of the
Architectural Control Committee. All television antennae and
aerials shall be located inside the attic or under the roof
unless otherwise expressly permitted by the Archi tectural
Control Committee. Satellite dishes shall be screened within
an opaque fence or landscaped area so as not to be visible
from outside the lot . Location of satellite dishes and
screening must be approved by the Architectural Control
Committee.
25. The Architectural Control Committee ma'.' include r-e-
et.r 1 =ti one , other than those set out herein , in any contrast
or deed to any any tracts without otherwise mcdi +yi10 the
general plan above outline_ , and such other- rest.ruction or
restrictions shall insure to the benefit of and find the
respective parties in the same manner as thought they had
been expressed herein.
<b. The restrictions herein set out shall be referred to .
.ad+octe'd and made a part every contract deed executed by.
and on behalf of the under=__1 ened conveys no said pr operty or
Girt thereof to all such Intents and purposes as thouof
incorporated in full therein and each such contract End d_-es
Thal i be conclusively held to have beer so executed . deliver-
ed , and accepted upon the expressed condl ti ono. herein stated .
27. r-al 1 the re_tr i cti on covenants , resolutions , liens and
charoes_ appear i no herein , as well as those appear i nd in any
contract , deed or other conveyance to or covers na any parr
cl this property, shall be construed tooether . If any one of
the same shall be held to be invalid or for any reason is not
enforced . none of the other provisions shall be affected
or impair thereby , but shall remain in full force and effect =
In event of any dispute over the proper interpretation of
any of the provisions of this instrument , the determinations
of the 'Owner shall be final and bindino on all lnterec.ted
parties.
28. The Architectural Control Committee shall be composed
of Percy Simmons, Harold Spence, Rod Bledsoe, Roddy Groves,
and James Si akey. The Committee shall act in the executi on
of any coproval or other document by any two or more members
of such committee or such committee may designate in wr i t i no
a representative to act in its place. In the event of death ,
resianation , failure, or refusal to act of any member of the
committee, Percy Simmons and Harold Spence. as Subdivision
Owners, shall fill the vacancy thereby created by written
instrument filed in the Deed Records of Collin County. Texas.
Pape 1.
9
PROTECTIVE COVENi:iNTE�
OF STONE GROVE DEVELOFME�J-
Neither the members of sLch commzttee _ no- inezr oesznnateo
representatives , shall be entitled to an` zampensation for
services performed persuant to this restrict: vn' The powers
and duties of each memoer of tne commlitee ano of its
designated representative, shall cease one '2ar after con-
struction has been completed on the last : c! in the Prooertv
and . thereafter , the approvals described in rhess restrict-
ions shall not be required unless a wrztte- instrument shall
be executed by the then record owners oi a majority of the
lots in the Property and duly recorded in tnE Deed of Records
of Collin County, Texas , appointing a 'eoresentative or
representatives, who shall thereafter e ercise the same
powers previously exercised by said committee.
29. Approval or disapproval of anv pians jr specifications
submitted to the Architectural Contrcl lcnmittee oereunder
shall be based , among other things , on tve adepuacw o+ site
dimensions. adequacy of structural desizn ^ conformity , and
harmony of exterior design with neightz~ing structures ,
effect of location and use on neighborin; lots ani improve-
ments situated thereon , relation of nopci-�phy , grade and
finish ground elevations of the lot being i ,2roved to that of
neighboring lots , proper acing of ma27 elevation with
respect of nearby streets and conformity at the clans and
specification to the purpose and general clan and Intent of
these Protective Covenants , all as determ; .ed by tie Arch-
itectural Control Committee in its sale d: s :^etion exercised
in good faith .
If the Architectural Control Committee falls eltner to
approve or disapprove such plans and spec: rzcations within
thirty (30) days after the same have been s-nmitted to it as
evidence by written dated receipt by a-` member of the
Architectural Control Committee or zts desl ;-.ated represent-
atives ! it shall be presumed that the Arn7i�ecturnl CQntrol
Committee, or its designated representatl `es, has approved
such plans and specifications.
30. Neither the Subdivision Owner nor eny member of the
Architectural :ontrol Committee nor their sunrwnxnr= nor
assigns shall be liable in damages to anyore submitting plans
for approval , or to any owner or lessee of land affected by
these Protective Covenants by reason of mismake in judgment ,
negligence or nonfeasance arising out c- or in connection
with the consenting or failing to conssnv , apprcving or
failing to approve any matter with respect zc which the Sub-
division Owner and/or Architectural Cont.=l Committee ma-v
have authority under the terms hereof . Every person who
submits plans to the Subdivision Owner for approval agrees ,
by submission of such plans, and every ow-er of lessee of
any said Property agrees , by acquiring iitIe thereto, or-
leasehold interest therein , that he will not bring any
action or suit against the Subdivision Owner or any member
of the Archtectural Control Committee, t1eir successors and
assigns, to recover any such damages '
PAGE 6
.� �
u
r'FOTECTiVE COVENANTS
OF =TINE_ DROVE DEVELOPMENT
_ 1 . These covenants are to run with the land and shall be
binding on all parties and all persons claiming them for a
period of thirty ?!_>; years from the date these covenants are
recorded unless at any time after said thirty year period an
instrument sianed by a majority (by number of lot=_ ' n{ the
then owners of the lots has been recorded , aareei nc: to cnange
said covenants in whole or in part. In addition to the Owner
and to the other parties for whose benefit these covenants
shall run , the Architectural Control Committee shall further
have the authority to enforce any and all of the covenants
and conditions set forth in these Protective Covenants aoains
any person or persons violating or attempting to violate the
same. In furtherance of the foregoing , and not by way of
limitation , the Architectural Control Committee , Owner and
any other party for whose benefits these covenants shall run
q . y oroceadln_'= ,t r +
enter - i a>. o i. n ec�;; t��• _:o restrain
violation of these Protective Covenants a n d to recover
i7_tmaces for the br-each or violation therof . Notwithstanding
any express or imciied term or provision nerec+ . neither
Owner nor the Architectural Control Committee shall ever be
_ l
obligated to enforce any provision hereof and failure to do
so, shall never be gr-oends for- any liability for or recovery
of any demacioc acalnst Owner , the Architecture]. Control
Commi tte_ or any member thereof- .
- -. All construction shell _:oil?+al with all =sp1ic_'ble
n. - n d- :r,vec_ r, __. f lr _ _ _= and c. - other-.
.- i o _.r U 1 f�._.. _. 4 �_I 1 .. _i 1 n C; `��C_.'�_'`- F_� f-;���� n .
Caw , ord nanco_ or renIuiat ior;e ct any asr ic_.hlc c_ ern-
mc_nta.i body or- aOr r,;__ andlL.olnc but nor i _mited to city ,
County E.ta.tr and federal oo`ier-nmeri'_s or agencies.
. The Developer and Dedicator reserve the right , so lone
as It the owner u- + 1 +t'y-one• percent t= . ... or more _'f the
lots in the property , to amend , revise , or abolish any one or
more of the +or egoi no restructions, and to revise the plat
of such subdivision by instrument duly executsd and acknowl -
edged by the Developer in the Deed Records o± Collin Count
Texas , and the city of Wylie.
:4. The location and des/ e n _,f any proposed s-wi 'Timi ni; cool
incl _rdino fencing , pumps and any catrer related paraphernalia
must be approved by the Ar chi tectc cal. Coht-el Committee in
the same manner
as
Cot forth in Varaoroph 1 herein,
7.1.5. If It becomes necessary for the Architectural Control
Committee or Owner to bring action or suit�aaai nst any lot
owner in order to insure compliance with these protective
covenants or on any matter with respect to which the Owner
and/or Architectural Control Committee may have authority
under the terms hereof , then the Architectural Control
Comma ttee or Owner shall be entitled to recover all costs in
connection therewith , including but not limited to reasonable
attorney '___ fees.
h acjE'
/ /
='F'OTECT I'VE COVENANTS
T CNE_ GROVE DEVELOPMENT
No .at..t _ycj'_. 've in 1ntena.-:ce ..r reptlr of ifi`. 1r'd
;,4hatsrieve - te perm tt d _cL!telde Ot the ehdlo =d oar-_ Le.
EXECUTED thl _ = v ---- day o+ , 1'=-96
BY
•
P A E _`
PROTECT :VE COVENANTF,
-- -T NE GROVE DEVE!OF MEN T
THE STATE OF T EXA=
COUNTY OF
BEFORE NE. the :.ender ioned , a N_t-r- v -uL11 i ._ in an-1
Jt
Said County and State on this d3.''. D•={^c_1i .11 ' +^De-. Y =�!I
to nts. to be the -.r+=` n
_++ i ce'r whose lEvIle is _ub=Cri bed to the 1,_Iredoi n
and Y:G: n:_rit :. Ei'doe_i to, me that the ct;L= .. r = o-f isai
-- ' _. corporation . ai ,d that r iB _1.
L'd the same as t~:e c7C_t. 0t such Crory:_, =Rt i _rl the
c.i'id consideration therein e' ptresse:-I .
GIVEN UNDER MY HAND AND R‘E-Ai OF OE -
d�ee o'r , 1986. _.--__._--
Nu CorriS-- -`il
F- ili. '
g
PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS:
Now comes Cg_ntennial_Ara,pgho Dev: Vgnture of the County of
Dallas and the State of Texas, and represents to
the City Council of the said City of Wylie, Texas, that he
is the owner or is acting for all of the owners or
partnerships or corporations who are owners of the following
described tract of land which is within the City Limits of
the City of Wylie, in Collin County, Texas, and described as
follows:
Attached as Exhibit "A"
•
•
/4/
TRACT A
Being a tract of land situated in the Francisco de la Pina
Survey , Abstract No . 688 , Collin County , Texas and being
part of the land conveyed to the Howe Sound Company by deeds
recorded in Volume 584 , Page 158 , Volume 584 Page 13 and
Volume 584 , Page 173 of the Deed Records of Collin County ,
Texas and being more particularly described as follows :
BEGINNING at an iron rod set for corner in the center of a
dirt road , said iron rod being the point of intersection of
said centerline with the Southerly R .O.W. line of an 18 foot
roadway , said iron rod also being the most Westerly
Northwest corner of an 18 . 61 acre tract onveyed in Volume
564 , Page 158 ;
HENCE N 78 deg . 02 ' 52" E , along said Southerly R . C .W .
line , a cistance of _E5 . iL.4 feet to an iron red set for
corner , at the beginning of a curve to the left , Navin a
cen era_ an l : of 1C cr (. ' a n ' a radius cf ieCt
and a chore bearing of 7G =eg . C 2 ' 27" ,: 17 . . _ feet ;
_hE.;C- along said curve to the left and said Southerly
an arc eistance of L1 . 1 ' feet to an iron road
set for corner ;
_h_:, C= N . L'_ deb G2 ' C:2" , continuing alone said Southerly
L line , a distance o 1 :11 . ")6 feet t o iron rod s e t
for corner , at t`:e bee inning of a curve to the left , having
a central an,_. le o: i € c Lo ' _ " a radius of 21/4-2.2 . 7c.i feet
and a crord bearing of :: 53 dec . 39 ' C2" E , 552 . 17 feet ;
THENC along said curve to the left , and continuing alone
said Souther ly r: . _ . line an arc distance of ~_ _ feet to
an iron roe set for corner ;
:t.1..N.C_ . Lc dew 16 ' ( 2" _ , along said Souther_'i lire ,
a t. i_tance o. 154 . 5( feet to a _ iron rod foundfor cc•rr._r ;
TEENC= S £8 de= 48 ' QC " E . along the ::orther v line of an
l�_ . t 1 acre tract of lane conveyed in VGLt'_E 5,14 , gage 15 ' , a
distance of 59 . 42 feet to an iron rod set for corner ;
:FENCE S 01 deg 54 ' 20" along the Easterly line of said
lu . t; l acre tract , a distance of lr.J . 76 feet to an iron rod
found for corner ;
c VLF deg 1_. ' 27" r , along the :4' ortn,,,,r1v line of a
_!. C acre tract con':e,'ed in Vcluire :CL , P= _e 1_7 , a distance
of lblc . 54 feet to an iron rod set for corner ;
dec 37 ' t:. " V alone the Easters _ _ne of ,aid
ccre F _ Ieet cc an iron rod
found for corner ;
deg 12 ' 43" L along a ience and the ortherly
-; lne cf a 2 . 67 acre tract cco'E_•e•d in -� olurc = ae lia ,
a distance of 117(C . 71 feet to an iron rod set for corner in
trbe .Northerly .. . ( . . . line of t-:e t hiso , io :a and :. ants
Railway Co varies ) ;
,. ii deg 51 ' - f " _.long said _ crtherl. . 1 . �. . line ,
,
line beln _ ._ri _ _c_ a nc l' feet .o '' cL : : the
1 �
centerline of the rain tract , _ _istarce of _'_ -t . _ _ feet t :
ron rod set icr corner , at tr:e e, i r._r._ ci a carve to
t.;e left , :avin': a central F.rrC_ of t- _ Coo. _7 ' ::-" , a raduis
t feet d chord bearin_ of F. , i r_e - , n
= 94 . i1 feet ;
T-:E;-CL_ along said Yor ..herly R .C .':. . line , .-r. arc •. istaoce of
tc. an _. _ n rot: aft for corner ;
E To deg ' _ 1 , conti ruin - :.ler _lid Northers
- c - o . - ' - e_ -- to eh iron IOC set
for corner , at cc carve to thE left , - vin
cc.-.-ri-. _ _. 1 = of . .. de . _ ' - ' , a _ c o_ iue cf i . _ :
feet , and a chore teo_ ir: of . ;C de._ i _ _ 23 . cl.
et .
said c--r•.e to t_ e left ar. _ said : =rt_-erl -
. � . , line , an arc c _: __ _-c _ c = 12 . _ . 1 an _ran roc
set for corner ;
iI L? C� 1 den C!2" L . along the centerline of a irt
}- li
road E :,C !-- _ `• __ _ lire: of .:sic la . t. l acre tract , a distance
of 117 . 7L feet to the c_ _ containing
. � acres of iand , : ere c_ less ( 1 , di- , ot1 S..)
Leing a tract oI lane situated in the Francisco de la Yina
_ _Irvev , Abstract No . , Collin County , Texas and being
:art of the lane conveyed to :_Owe Sound Company by deeds
reccrcac in volume _ _ - , :-age 156 , Volia St.= , Pace i•; � ,
Volume 584 , ?age 113 and Volume i84 , -ag•e 172 of the feed
Records of Collin County and: tEirc r'.cre rc__ _icularly
described as follows :
-::vli ::Ii::: at an iron rod set for corner at __c Southwest
corner cf a acrc tract conveyed i7 Vc = _- e Sc - , lice
said. Torn rod beir_s the Teint of intersection of the
centerline of a dirt road with the Northerly right-of-way
line of State Highway No . 78 (R . O .W . varies) ;
THENCE N 01 deg 06 ' 02" E , along the center line of said
dirt road and the westerly line of said 74 . 54 acre tract , a
distance of 587 . 18 feet to an iron rod set for corner at the
beginning of a non-tangent curve to the right , having a
central angle of 12 deg 48 ' 36" , a radius of 5679 . 58 feet
and a chord bearing of N 69 deg 58 ' 53" E , 1267 . 17 feet ;
THENCE along said non-tangent curve to the right of the
Southerly R . O . W . line of the Atchison , Topeka and Santa Fe
Railway Co ( ROW varies) , said line being parallel and 50
feet perpendicular to the centerline of the main track , an
arc distance of 1269 . 81 feet to an iron rod set for corner ;
THENCE No . 76 deg 23 ' 11" E , continuing along said Southerly
R .O .W . line of a distance of 2169 . 40 feet to an iron rod set
for corner at the beginning of a curve to the right , having
a central angle of 05 degs 27 ' 54" , a radius of 8544 . 37 feet
and a chord bearing of N 79deg 07 ' 08" E , 81h . 68 feet ;
THENCE along said curve to the right and said Sourtherly ROW
line , an arc distance 814 . 98 feet to an iron rod set for
corner .
THENCE N 81 deg 51 ' 05" E , along said Southerly ROW line , a
distance of 741 . 22 feet to an iron rod set for corner at the
Northwest corner of a 2 . 22 acre tract of land conveyed to
the Atchison , Topeka And Santa Fe Railway Co . by deed
recorded in Volume 1473 , Page 612 of the Deed Records of
Collin County :
THENCE S 01 deg 29 ' 00" W , along the Westerly line of said
2 . 22 acre tract , a distance of 50 . 72 feet to an iron rod set
for corner ;
THENCE N 81 deg 51 ' 06" E , along the Southerly line of said
2 . 22 acre tract , a distance of 2047 . 13 feet to an iron rod
set for corner ;
THENCE S 88 deg . 42 ' 25" E , along a fence and the Northerly
line of a 74 . 71 acre tract , conveyed in Volume 584 , Page 13
and continuing along the Northerly line of a 67 . 54 acre
tract conveyed in Volume 584 , Page 162 , a distance of
1276. 87 feet to an iron rod found for corner ,
THENCE S 03 degs 26 ' 30" E , along a fence and the Easterly
line of said 67 . 54 acre tract , a distance of 1373 . 14 feet to
an iron rod found for corner ;
TEHNCE S 49 degs . 21 ' 30" W, along a fence and the
Southeasterly line of said 67 . 54 acre tract , a distance of
64 . 37 feet to an iron rod set for corner ;
� 7
THENCE N 86 degs 45 ' 49" W , along the southerly line of said
67 . 54 acre tract , a distance of 141 . 96 feet to an iron rod
set for corner ;
THENCE N 89 degs . 09 ' 49" W , continuing along said Southerly
line , a distance of 206 . 00 feet to an iron rod set for
corner ;
THENCE N . 88 degs 34 ' 49" W , continuing along said Southerly
line , a distance of 577 . 80 feet to an iron rod found for
corner ;
THENCE S 01 degs 10 ' 39" W , along an Easterly line of said
o7 . 54 acre tract , a distance of 487 . 21 feet to an iron rod
set for corner at the beginning of a non-tangent curve to
the right , having a central angle of 18 degs 17 ' 36" , a
radius of 5729 . 58 feet and a chord bearing of S 82 degs 17 '
35" p: , 1b21 . 57 feet ;
THENCE along said non-tangent curve to the right and the
Northerly R . G .W. line of State Hwy . 78 , an arc distance of
1829 . 33 feet to a concrete R . O.W . marker found for corner ;
THENCE N 88 degs 33 ' 37" W , along the Northerly R .O . W . line
of SH 7E , a distance of 645 . 25 feet to an iron rod found for
corner ,
THENCE N . 88 degs 29 ' 55" W , along said Northerly R . O . W .
line , a distance of 1831 . 84 feet to an iron rod found for
corner ;
THENCE N 09 degs . 14 ' 10" E, along a jog in said Northerly
R .O .W . line , a distance of 11 . 96 feet to a concrete R .O .W .
marker found for corner ;
THENCE N . 88 degs 31 ' 13" W, along said Northerly R . O .W .
line , a distance of 1041 . 95 feet to a concrete R .O.W . marker
found for corner ;
THENCE S 07 degs 51 ' 52" W, along a jog in said Northerly
R.O.W. line , a distance of 3 . 60 feet to a concrete R .O.W.
marker found for corner ,
THENCE N 88 degs 31 ' 00" W , along said Northerly R.O.W .
line , a distance of 999 . 73 feet to a concrete R .O.W. marker
found for corner ,
THENCE S 01 degs 30 ' 00" W, along a jog in said Northerly
R . O.W. line , a distance of 8 .00 feet to an iron rod found
for corner ,
THENCE N 88 degs 31 ' 00" W, along said Northerly R . O. W.
line , a distance of 556 . 80 feet to an iron rod set for
corner at a wood R .O .W . marker , and being the beginning of a
curve to the left , having a central angle of 07 degs 20 '
10" , a radius of 2864 . 79 feet and a chord bearing of S 87
degs 48 ' 55" W, 366 . 55 feet ;
THENCE along said curve to the left and said Northerly R . O .
W . line , an arc distance of 366 . 80 feet to the POINT OF
BEGINNING , and containing 286 . 398 acres of land , more or
less ( 12 , 475 , 498 S . F . )
SAVE AND EXCEPT 7 . 136 Acres
BEING a tract of land situated in the Francisco de la Pina Survey,
Abstract No. 688, of Collin County, Texas, said tract being part of a
74.54 acre tract of land recorded in Volume 584, Page 158, of the Deed
Records of Collin County, said tract also being part of Tract "B",
286.398 acres, as surveyed by Harry B. Carroll , Registered Public
Surveyor No. 986, and being more particularly described as follows:
COMMENCING at a point at the southwest corner of a 74.54 acre tract
conveyed in Volume 584, Page 158, said point being the point of
intersection of the centerline of a dirt road with the northerly
R.O.W. line of State Hwy. No, 78 (R.O.W. varies), and the beginning of
a curve to the right having a central angle of 7 deg 20 min 10 sec, a
radius of 2864.79 feet,and a chord bearing of N 87 deg 48 min 55 sec,
366.55 feet;
THENCE along said curve and along the northerly R.O.W. line of State
Hwy. 78, an arc distance of 366.80 feet to a point;
THENCE continuing along the northerly R.O.W. line of State Hwy. 78 as
follows:
S 88 deg 31 min 00 sec E, 556.80 feet to a point;
N 01 deg 30 min 00 sec E, 8.00 feet to a point;
S 88 deg 31 min 00 sec E, 311.48 feet to the POINT OF BEGINNING.
THENCE N 01 deg 29 min 00 sec E, leaving the northerly R.O.W. line of
State Hwy.78, 776.00 feet to a point for corner;
THENCE N 76 deg 23 min 11 sec E, 389.44 feet to a point for corner;
THENCE S 01 deg 29 min 00 sec W, 877.43 feet to a point for corner in
the northerly R.O.W. line of State Hwy. 78;
THENCE N 88 deg 31 min 00 sec W, along the northerly R.O.W. line of
said State Hwy. 78, 376.00 feet to the POINT OF BEGINNING, and
containing 7.136 acres of land.
•
/ �
PETITION FOR ZONING CONT' D. PAGE
Said Baron Cook represents that he and all
other owners desire the zoning to be changed from
"A" to attached as Exhibit "B" in accordance with
the current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner, therefore, respectfully prays that the land
above described be zoned by the said City of Wylie, Texas,
as provided by Article 974(g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness tt)e hand of this petitioner this the
7`ti
day of (1-.CC442 , 198w_.
Signature
75,17fion/ dod<
Please Print Name
SgY9 Sheee j ZA); Scn r` 6 zo
Street add ess or Box No.
City Texas Zip
2/4/ - 3'Y- ooc
Telephone
•
PETITION FOR ZONING CONT'D. PAGE
Said Dan Lavetts represents that he and all
other owners desire the toning to be changed from
"A" to attached as Exhibit "B" i n accordance with
the current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner, therefore, respectfully prays that the land
above described be zoned by the said City of Wylie, Texas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witness the hand of this petitioner this the 8th
day of August , 1986
C-2L1-e_...D!)
Signature
Dan Lavetts
Please Print Name
5720 LBJ Frwy. , Ste. 610
Street address or Box No.
Dallas Tx. 75240
City Texas Zip
214/458-9909
Telephone
c:)7`
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned Notary Public on this day
personally appeared Baron Cook , known to me to be
the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
Given rider my hand andpeal of office this the _7 ' day
of _ t `___. 198k.
IL da_)
_ 4,36C.2tD
ry Pu . ounty, Texas
,�''" . . «c. -
4,e . d
c7
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the undersigned Notary Public on this day
personally appeared ___fwiLLYe.LIs. . known to me to be
the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
Given�under my hand and seal of office this the day
of _ -- 198 .
/1/r-Z
,/&et—IL
Nar=-y Public Ga3ITTi County, Texas
CAROLE A. ELROD
+.e{� MMdiyl I Mr Di -!a•nt'rpp w_ '// �___
� 'mot) LA1!`' '-
1 w•121![ 117QT y l ' 't..t1
.•».« TRACT 9
I.•YssY.to�•404.23 � PROPOSED Z01M�0 1 �- y! /
41.65 ac. ..orn' �rrn so' �/ I
N..tM°�.. 60 1 1 1
yw+`+ _ PROPOSEVe$ `.
a• TRACT 3 Zot.4 "Al 11 \\
b. .-N\i, 1
e .ot+f+a 1 ac. SF-A h t�.i i I '�� J
�' oot` wVA a e /'&wren 0.5 w�N u TRACT 8 I �(``_`
t So 11.ts«,tj wee a.* s,s / l
,,yt µo w iZ0: cY� TRACTI 117.07 a0
v 1
,, _ - �u,� /aN-�,�..0 1 G b / PROPOSED ZONING \\� y `\\`1
•
, z. I
.•!tu'�� i w+o s 1 TRACT 4 8.8G so: /% I,` SF-3 I ,
i•w �-
` alydw" ti 1
/,. 1..es000d TRACT Z , D I. i !
r
..040• TRACT 1 • PRDPOSED ZONING h .w• . w srz
.•mn PROPOSED' tos o0
�•+«+ 78.60 ac. R I I
my
.•Irwly" RR PRE 00/a 8F-3 20NIN(i l»• of"_ _
// •.wnw cur•I wro• K / w R, 1
"I!«..i PROPOSED ZONING MF/ s`w 8F-2 `y .o ``
Y Cny B-1 8 t= •I.OD.I iloi: I IM00 ZONING` - "•x `\\
H+II "' R I t N•si 31".•4* -.�+�- PfiOPc73ED
Y 8/i 8 e• 8 TRACT . ZOsI sE Cs+�: TRACT 7 B—t —
y -, t O.O _
= it t 0 ac• 8 I A •s 18.47 ac. , i
• ■i
---�arMi�-�----"w• w ;:w
inam � •
If
/110.4 DO "IV.' i /
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