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05-19-1997 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX May 19, 1997 6:30 pm CALL TO ORDER ACTION ITEM 1. Discuss and Consider approval of the Minutes from the April 7, 1997 Regular Business Meeting. 2. Discuss and Consider approval of a Land Study submitted by Goff Homes for a 71.814 acre residential development designated as Cottonwood Farms located on Whitley Road, north of the intersection of Elm Grove Road and Whitley Road in the City of Wylie's Extra Territorial Jurisdiction. 3. Discuss and Consider a recommendation to the City Council for approval of a Final Plat (Approved for Construction) for the subdivision Stoneridge Farms submitted by Goff Homes, located at the junction of Stone Road and FM 544 just south of Quail Hollow subdivision. 4. Discuss and consider changing the Planning and Zoning Commission's meeting time from 6:30 p.m. to 7:00 p.m. CITIZEN PARTICIPATION ADJOURNMENT Posted Friday, May 16, 1997 at 5:00 pm THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. AGENDA PLANNING.AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX June 16, 1997 7:00 p.m. CALL TO ORDER ACTION ITEM Item No. 1: Discuss and Consider approval of the Minutes from the May 19, 1997 Regular Business Meeting. (.0/0 Item No. 2: Consider a request for interpretation as to the zoning classification into which "Bed and Breakfast Inn" shall be placed. (0_0 PUBLIC HEARING Item No. 1: Hold a Public Hearing and consider a recommendation to the City Council for a request from Goran Juric for approval of a zone change from"MF" Multi-Family to "SF-3" Single Family District for the property located at 105 South Third Street, and further described as Lot 13 and the south 17' of Lot 14, Block 22 of the Railroad Addition. (irO CITIZEN PARTICIPATION ADJOURNMENT Posted Friday, June 13, 1997 at 5:00 pm THE WYLIE MUNICIPAL COMPLEX IS WHEELCHAIR ACCESSIBLE. SIGN INTERPRETATION OR OTHER SPECIAL ASSISTANCE FOR DISABLED ATTENDEES MUST BE REQUESTED 48 HOURS IN ADVANCE BY CONTACTING THE CITY SECRETARY'S OFFICE AT 442-8100 OR TDD AT 442-8170. Planning & Zoning Commission #1 Action Item Re: Approval of the Minutes from the April 7, 1997, Regular Business Meeting May 19, 1997 Consider approval of the Minutes from the April 7, 1997 Regular Business Meeting. Note any changes or additions which need to be made. MINUTES The Planning and Zoning Commission met in a Regular Business Meeting on April 7, 1997, at 6:30 p.m. in the Council Chambers of the Wylie Municipal Complex, located at 2000 Hwy. 78 North, Wylie, Texas 75098. A quorum was present and a notice was posted in the time and manner required by law. COMMISSION MEMBERS PRESENT: Chairman-Bart Peddicord, Rich Eckman, James Smith, Cecilia Wood, Steve Ahrens, Stuart Allison and Tim Owen. ABSENT: None STAFF MEMBERS PRESENT: Planner-Kelley Shaw,Building Official-Mike Phillips and Secretary -Rebecca Rogers. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from the March 3, 1997 Regular Business Meeting. A motion was made by Steve Ahrens, seconded by James Smith,to accept the minutes as presented with a note to check the order of the motions on Action Item No. 2. Motion carried, all in favor(7). ITEM NO. 2: Discuss and Consider approval of a Preliminary Plat submitted by Goff Homes for Stoneridge Farms located at the junction of Stone Road and FM 544, just south of Quail Hollow subdivision. Kelley Shaw,Planner,presented the Preliminary Plat. Goff Homes has worked with Staff in making the recommended changes. Staff recommends approval of the Preliminary Plat. Goff Homes is asking for a variance to the Subdivision Regulations which require sidewalks to be built on both sides of the dedicated street. Staff recommends denial of this variance request due to the close proximity of the school,park and neighboring subdivisions. The subdivision has a looped water system so that if water lines needing repair were shut off the entire subdivision would not be without water. The east side of the property will have a 25 foot drainage easement so that there will be no drainage onto the neighboring property. Goff Homes has agreed to provide live screening and the screening issues would be addressed before the Final Plat is approved. Maintenance of the landscaping would not be the responsibility of the City. Discussion followed regarding the variance request on sidewalks. Neal Heckel, of Goff Homes,was present to answer any questions. Mr.Heckel stated that the variance was for the sidewalks to be eliminated completely but Goff Homes would like to change the request to sidewalks only on one side (the best side to be determined by an engineer). The intent is to create more open space,not a safety hazard(there will be reduced vehicular traffic due to the nature of the subdivision). Sidewalks could be adjacent to streets instead of having a parkway,but they would be required to be 5 feet wide instead of 4 feet. Mailboxes would not be able to be placed in the normal fashion with a 5 ft. wide sidewalk. A deed restriction would govern where the sidewalks are to be placed. Staff recommends sidewalks on both sides of the street. The live screening would also be deed restricted and it would be the responsibility of the homeowner to maintain it and prevent it from being cut down. Current subdivision regulations call for screening, but does not specify what type (IE. Fence, live, etc.). An Architectural Control Committee comprised of Goff Homes people will be in place to handle items such as circular drives, etc. Goff Homes would continue to control the Committee until the subdivision was built and homeowners would then supervise this Committee. A motion was made by James Smith,seconded by Rich Eckman,to deny the variance request of sidewalks to be permitted only on one side of the streets. Motion carried, all in favor(7 votes). Variance denied, 1 sidewalks required on both sides. A motion was made by Steve Ahrens, seconded by Rich Eckman, to recommend approval of the Preliminary Plat submitted by Goff Homes for Stoneridge Farms. Motion carried, all in favor(7 votes). Preliminary Plat approved. PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing and Consider a recommendation to the City Council for approval of an Ordinance establishing Multi-Family Residential District Regulations;replacing current Multi-Family Residential District Regulations(Section 14, Wylie Zoning Ordinance); stating the purpose and providing standards for development. Mr. Shaw was requested(by City Council)to analyze the current standards and to research surrounding communities development standards for Multi-Family Districts. Staff recommended that open space and recreational areas be increased. Density was lowered(15 dwelling units per acre maximum density), lot size minimums increased to one acre, dwelling unit floor ratios were spelled out (600 sq. ft. being an efficiency up to a 1,000 sq. ft., 3 bedroom unit), building separation guidelines(more restrictive), 25%open space requirement instead of 5%and of that 25%, 250 sq.ft. per dwelling unit as useable recreation space(swimming pools, etc.)and landscaping requirements being 15% of the open space and 50% of that required to be located in the front of the property. A 60 ft. setback buffer would also be required of any Multi-Family District abutting any residentially zoned property. Screening was discussed,currently,a 6 ft. screening requirement is in place,but the new regulations would leave that up to Staffs discretion(to be handled at Site Plan review). The proposed maximum height for a multi-family dwelling would be 3 stories or 40 ft. maximum. The Fire Dept. has reviewed the proposed regulations and does not foresee any problems with that height. The Fire Chiefs concerns were on having a sprinkler system or two access doors. The Commission felt that 2 stories were more attractive than 3. Also, the Commission felt that one acre was on the small side for a multi-family dwelling. Mr. Shaw reiterated that Staff was directed by the Council to not go to either extreme. Chairman Peddicord opened the Public Hearing and with no one present, closed the Public Hearing. A motion was made by Steve Ahrens, seconded by Tim Owen,to recommend to City Council approval of the proposed Multi-Family Residential District Regulations ordinance. Motion carried, 5 in favor(Steve Ahrens, Tim Owen, Rich Eckman, Bart Peddicord and James Smith), 2 against(Stuart Allison, Cecilia Wood). CITIZEN PARTICIPATION None ADJOURNMENT A motion was made to adjourn by Tim Owen,seconded by Rich Eckman. Motion carried, all in favor(7). Chairman Peddicord adjourned the meeting. Respectfully submitted, Bart Peddicord, Chairman Rebecca Rogers, Secretary 2 Planning & Zoning Commission #2 Action Item Re: Approval of Land Study May 19, 1997 Issue Consider approval of a Land Study submitted by Goff Homes for a 71.814 acre residential development designated as Cottonwood Farms located on the north side of Whitley Road at the junction of Whitley Road and Elm Grove Road and is outside of the City Limits but is within the Extra-Territorial Jurisdiction (ETJ) of the City of Wylie. Background Per the City of Wylie's Subdivision Regulations, an owner or developer must follow certain procedures when subdividing for development of any lot, tract or parcel of land within the Wylie City Limits (or within its extra-territorial jurisdiction). The first step of the subdivision/platting process is the submittal of a Land Study for approval by the Planning and Zoning Commission. The purpose of the Land Study is to provide sufficient information to allow the City staff to review a general plan for the development of a property and make recommendations. The Land Study is a general plan which shows the location of the proposed development, arrangement of streets, alleys and lots, existing facilities (water, sewer) and other important features. The Land Study must conform to the Comprehensive Land Use Plan and development ordinances of the City. The Community Development Department must determine that all necessary information has been submitted and recommend approval before the Land Study is considered for approval by the Planning and Zoning Commission. Approval of the Land Study by the Planning and Zoning Commission constitutes authorization by the City for the developer to submit application for approval of a preliminary plat subject to compliance with any conditions attached to the approval of the Land Study. Goff Homes will be seeking variances from the Subdivision Regulations which require: 1) "On-site waste water treatment systems will not be permitted, except for the pretreatment of industrial waste."(Sec. 5.01 C.(3)(b)). The proponent wishes to use septic systems in lieu of constructing sanitary sewer lines. 2) "Concrete sidewalks shall have a width of not less than 4 feet... shall be constructed on both sides of all streets and thoroughfares within the subdivision." (Sec. 5.05 A.). The proponent is seeking to build no sidewalks. 3) Type G residential streets require curbs as illustrated in the standard detail from the Paving Standards of the City of Wylie. (Sec. 5.04 A. of the Subdivision Regulations and Detail from the Paving Standards). The proponent wishes to build streets with no curb and gutter and to have open barrow ditch drainage down the sides of all streets. Approval of these variances is required for the approval of the Preliminary Plat. However, the proponent would seek approval of a conditional variance so that he may proceed with the development of the Preliminary Plat with the knowledge of which variances would be approved. The variances would receive final approval along with a Preliminary Plat provided that the Preliminary Plat conforms to the Land Study and no new information exists per the Subdivision Regulations. Financial Considerations No fees are associated with the submittal of a Land Study. Legal Considerations Per the adopted Wylie Subdivision Regulations, the Planning and Zoning Commission of the City of Wylie is vested with the authority to review, approve, conditionally approve and disapprove applications for the platting or subdivision of land, including land studies, conveyance plats, preliminary plats, final plats, amended plats, replats and vacation of plats. The Planning and Zoning Commission may grant variances from these regulations pursuant to the provisions of Section 1.08 of the Subdivision Regulations as follows: A. General. Where the Commission finds that unreasonable hardships or difficulties may result from strict compliance with these regulations and/or the purpose of these regulations may be served to a greater extent by an alternative proposal, it may approve variances to these subdivision regulations so that substantial justice may be done and the public interest secured; provided that the variance shall not have the effect of nullifying the intent and purpose of these regulations; and further provided the Commission shall not approve variances unless it shall make findings based upon the evidence presented to it in each specific case that: 1) The granting of the variance will not be detrimental to the public safety, health, or welfare or injurious to other property, and: 2)The conditions upon which the request for a variance is based are unique to the property for which the variance is sought and are not applicable generally to other property, and; 3) Because of the particular physical surroundings, shape or topographical conditions of the specific property involved, a particular hardship to the owner would result, as distinguished from a mere inconvenience, if the strict letter of these regulations is carried out, and; 4) The variance will not in any manner vary the provisions of the Zoning Ordinance or Comprehensive Plan, except that those documents may be amended in the manner prescribed by law. B. Criteria for Variances From Development Exactions. Where the commission finds that the imposition of any development exaction pursuant to the regulations exceeds reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may approve variances to such requirements, so as to prevent such excess. C. Conditions. In approving variances, the Commission may require such conditions as will, in its judgement, secure substantially the purposes described in Section 1.3. D. Procedures. 1) A petition for a variance shall be submitted in writing by the property owner at the time when the conveyance plat, preliminary plat or final plat is filed for the consideration of the Commission. The petition shall state fully the grounds for the application and all of the facts relied upon by the petitioner. 2) Where a hardship is identified in a land study which will result in a request for a variance, the Commission may grant a conditional variance. A conditional variance shall receive final approval along with a preliminary plat provided that the preliminary plat conforms to the land study and no new information or reasonable alternative plan exists which, at the determination of the Commission, voids the need for a variance. Staff Recommendation Staff recommends approval of the Cottonwood Farms Land Study submitted by Goff Homes. Staff does not recommend approval of the variances requested. Similar variances were granted when the Wylie Ranch East Subdivision was developed and constructed. At that time, it was believed that no problems would develop in the future. Today, the property is within the city limits and the City Council is currently considering participation for costs relating to drainage and sewer system improvements. Staffs recommendation to deny the variances is in part, based on the experience with Wylie Ranch East Subdivision. Further, there is no compelling reason to develop properties that do not meet minimum requirements. Attachments Land Study Application Location Map Land Study Plan 1 III1IIIIIn r,�.. L t -- ®u.W■1■11.=off \ __ ®QIIiI�I���iir — ) —,--_—t ! Crty LimRe }--LJ± 1 --� I i iii 11111111 I ,i 1 I 1 , —` _--_ 2 min: ______ * Tom- -� I J ;i jr _ I --, - --- r�---_ �` 1 i I i ; i ��=� - 1_ ►L__ __- . ii_ v.. 1 i ' 1 !t 1 "'I ...\\ — , , 11 I 11 t al --1 ,4'..;.„ __________L / (________,_____ 1 I ______j__JI _ 1 . -- /// ,___z_ , , , / I . l .\ 7 / __ _ __ ____ __ 1 �, ,,,, / DALLA' COUN% / /.\ .... ` ,`.. it. ! s; • /� / \ I . • 5tTE .I/� / L itio _ \�s„NiN. (4, birris. , 46/ WI OM II -it______,,, ZZ::,.. 1/*#1, / '1/4'. \ tt/4 ' \ . 4 .... , / ......, ,,, ..,., .....„4.4.,„ „„ .,„„ . \ / 47... , , * \ .4..2.....,.._,..za=zik ..._. ........ ............. 40,44,44,„ 40,„..„„), \,<- ..,. \ ________........., \....._______,...„—__ ),>.‘,/ ,) ..r.....1. „.„:/// \ \ , // / '�\\s�\�� \ - )N `C " \\ /"/ ��\\ �' GCS';; Page 1 of 3 City of Wylie (1/95) LAND STUDY APPLICATION Date 05/05/97 Name of Proposed Development Cottonwood Farms Name of Property Owner/Developer Wylie Cottonwood Farms, L.P. Address 2653 Tarna Dr. Dallas, Tx. 75229 Phone 972-62n-n942 Owner of Record Glenn Raney Lazzel l e Raney Address 8813 Liberty Grove Rd. Phone 972-475-2000 Name of Land Planner Rowlett, Tx. 75088 Chris Cunv/Scott Shipp Surveyor/Engineer Address 12700 Park Central Dr. Floor 15 Phone Dallas, Tx. 75251 Total Acreage 71-8 Current Zoning none-property is i R Dallas( • Number of Lots/Units 61 - 1 Acre Lots Signed Following is.a checklist of items that may be required as a part of the Land Study. All information should be provided on a•.s_caled drawing of 1"=200' or larger not exceeding 24"x 36"with three complete sets provided. Provided or Shown Not On Site Plan Applicable v 1. The Study shall include all contiguous holdings of the property owner with an indication of the portion proposed for development, for sale, or lease. An affidavit of ownership shall be attached which includes the name, address and telephone number of an agent for the developer who shall be authorized to receive all notices required by these regulations. Page2of3 ✓ 2. The lower right hand corner shall contain a title block clearly showing the following information: (a) Proposed name of subdivision or addition. (b) Name and address of the Owner and the Engineer or Surveyor who prepared the study. (c) Scale of the drawing and an indication of true north, to the top or left. (d) Date the drawing was prepared, and the date of revisions. (e) The location of the tract according to the abstract and survey records of the county in which the tract resides. • ✓ 3. All limits of the tract with scale distances. 4. The names of all adjacent subdivisions or additions or the name of • record owners of adjoining parcels of unplatted land. 5. The existing zoning classification of the subject property and adjoining land. 6. The location, width and names of all existing or platted streets or other public ways within or adjacent to the tract, along with existing buildings, railroad rights-of-way, and existing topography including creeks, drainage channels and other important features. 7. Political subdivisions or corporate limits and school district boundaries. 8. Preliminary layout with names and width of proposed thoroughfares, collector streets, and intersections along with a general configuration of proposed streets and alleys. • 9. A general arrangement of all types of land uses considered, including but not limited to existing easements and indication of conformance with the thoroughfare plan including right-of-ways, park and school sites, municipal facilities, private open space, floodplains and drainage ways, phasing plans, and proposed non-residential and residential densities. Page 3 of 3 ✓ 10. Layout, numbers and approximate dimensions of proposed lot: and all building lines. 11. Screening and/or Landscaping Plan which comply with the City'; landscaping or screening standards. ✓ 12. Existing sewer lines, water mains, culverts or other undergrounc structures within the tract and immediately adjacent thereto with size: and locations indicated. . Taken by: :(�.. File No.. Date: 31 1 Fee: f I Receipt No.: • PETITION FOR VARIATION TO WASTE WATER SUBDIVISION REGULATIONS FOR THE CITY OF WYLIE May 5, 1997 Project: Cottonwood Farms subdivision, a Wylie ETJ, Dallas County development to provide 61 - one acre minimum lots located on Whitley Rd. Property is not in the City of Wylie. Petitioner: Wylie Cottonwood Farms, L.P./Goff Homes, Inc. 2653 Tarna Drive Dallas, Texas 75229 Contact: Neal Heckel 973-620-0242 (Ext.204) or Mobil 972-977-4453 Overview of Requested Variance: Petitioner is requesting a variance on Subdivision Ordinance 5.01 - General Requirements, Paragraph 3 -Waste Water, Section(b) On-site waste water treatment systems. The existing ordinance does not permit the use of onsite waste water treatment systems, except for the pretreatment of industrial waste. We are requesting a variance to allow the use of self contained onsite waste water treatment tank system for residential use. All lots in Cottonwood Farms are planned to be a minimum of one(1) acre in size to comply with the minimum state and county requirements for the use of onsite waste water treatment systems. Typically, many cities(estate type classification), particularly when a project is in the ETJ, allow onsite waste water treatment systems if 1)the lot size and system is in compliance with the state and county standards and 2) sewer is not readily available. This development would meet that criteria. In addition, we are proposing to use the latest technology in onsite systems by installing a self contained tank system. With this system, no untreated water ever comes in contact with the soils. Only treated water is sprinkled onto the grass surface of a lot. Reasons for Variance: The location of Cottonwood Farms is in the far southern area of the Wylie ETJ. Because of this, there is no existing City of Wylie sanitary sewer lines of any kind in the area. Surrounding homes are primarily utilizing onsite waste water treatment systems. The closest sanitary sewer access is located approximately 1 3/4 miles to the north(point to point without consideration of directional and elevation changes) and it is not feasible to try and extend those lines to this property. That enormous effort would certainly effect a significant hardship on the property owner/developer and would make development prohibitive. According to staff, the City does have a long term plan for a waste water treatment plant in the area. However, the time frame for construction of the plant and associated new sewer lines to serve the area homeowners is not yet clearly defined. That time period could potentially be many years. We do not feel it is fair and it places a particular hardship on property owners in the unserved areas to require, at this time, tying into far away City sewer lines Utilization of the onsite self contained system is a state and county accepted and effective method of waste water treatment. These systems are very common in rural development are maintain an excellent record of performance. They do not have a negative impact on a City. Also, due to state and county regulations for operation and maintenance, the granting of the variance will not be detrimental to the public safety, health or welfare or injurious to other property. PETITION FOR VARIATION TO SIDEWALK AND BIKEWAYS SUBDIVISION REGULATIONS FOR THE CITY OF WYLIE May 5, 1997 Project: Cottonwood Farms subdivision, a Wylie ETJ, Dallas County development to provide 61 - one acre minimum lots located on Whitley Rd. Property is not in the City of Wylie. Petitioner: Wylie Cottonwood Farms, L.P./Goff Homes, Inc. 2653 Tarna Drive Dallas, Texas 75229 Contact: Neal Heckel 973-620-0242 (Ext.204) or Mobil 972-977-4453 Overview of Requested Variance: Petitioner is requesting a variance on Subdivision Ordinance 5.05 - Sidewalks and Bikeways. The existing ordinance requires that sidewalks be constructed on both sides of all streets and thoroughfares within the subdivision and in accordance with the Thoroughfare Plan for all lots adjoining dedicated streets. We are requesting a variance from the subdivision ordinance to eliminate the requirement for any sidewalks. The Cottonwood Farms community will be constructed with large one acre lots to create a"country living" environment trying to preserve as much of the natural features of the land as possible. Only 61 lots will be created thus ensuring a very low density population. Typical lot widths will range from 140 ft. to 160 ft. Reasons for Variance: The construction of sidewalks in Cottonwood Farms would have a negative effect on the physical appearance of the land and are not practical for their normal intended use. Citizens who want to live in this country style community prefer to minimize the amount of concrete and maximize the amount of open grassy area. Unlike other high density, more concentrated subdivisions, Cottonwood Farms should enjoy minimal pedestrian and vehicular traffic. A survey of the area reveals no schools or heavy pedestrian traffic facilities. Sidewalks have not been developed in surrounding neighborhoods or along roads. The area maintains a very rural environment and we wish to maintain that environment. It is believed that sidewalks would be used far less frequently than would typically be expected in a much denser lot design or if the project was in the City limits. In this unique site, the sidewalk regulations exceed the reasonable benefit to residents and imposes on their desire to maximize the amount of unpaved natural land upon their particular lot and the subdivision as a whole. Also, we suggest that - it will not be detrimental to the public safety, health or welfare or injurious to other property to eliminate sidewalks in this low pedestrian traffic and low vehicular traffic community. PETITION FOR VARIATION TO STREET CONSTRUCTION SUBDIVISION REGULATIONS FOR THE CITY OF WYLIE May 5, 1997 Project: Cottonwood Farms subdivision, a Wylie ETJ, Dallas County development to provide 61 - one acre minimum lots located on Whitley Rd. Property is not in the City of Wylie. Petitioner: Wylie Cottonwood Farms, L.P./Goff Homes, Inc. 2653 Tarna Drive Dallas, Texas 75229 Contact: Neal Heckel 973-620-0242 (Ext.204) or Mobil 972-977-4453 Overview of Requested Variance: Petitioner is requesting a variance onl Subdivision Ordinance 5.04 Streets and Thoroughfares. The existing ordinance require residential streets to be a Type G, 27' wide, concrete, measured back to back of curb. Currently,the City of Wylie has no street design specifically addressing an estate type development(1+acre lots) such as Cottonwood Farms. Because this development lies outside the city limits(ETJ),we are requesting approval to design streets in accordance with the County of Dallas standards(see attached). The primary difference between County and City standards is the option to utilize concrete or asphalt pavement surface or an asphalt pavement/concrete curb and gutter combination design. The actual design type of the streets would be determined after further study and engineering and presented during preliminary platting stages Reasons for Variance: The location of Cottonwood Farms is in the far southern area of the Wylie ETJ. This area is very rural in nature. Existing streets are typically asphalt and do not have curb and gutter. Drainage is controlled through the use of borrow ditches. Absent of City Estate type classification, we are requesting a variance to utilize Dallas County street standards so we may create a subdivision that is consistent with the surrounding residential neighborhoods. A review of the County standards reveals that all Right of Way and subgrade (lime treatment) standards meet or exceed City requirements. The primary difference is the type pavement surface and curb and gutter design. The County design standards are common throughout the City of Wylie, particularly in outlying areas such as Cottonwood Farms • ;.••� re JC�6:t • " TECHNICAL DESIGN AND SPECIFICATIONS FOR STREETS AND ROADS FOR DALLAS COUNTY SUBDIVISIONS • I 40•niw . Eit 3 6' t2' 4 r e' 1 S' I, a( S'_ a 1 i- 2 4' i -2.HolMis A • • • - • -VLooee(TOM toot T.M.O. Concrete Paoment • •nary Compaction'D.P.W. approved Fiesi►te Sass Materiel stabilized with `." - SS Lives by weight. SECTION See fea 262,TAD. TYPE "R" ROAD ' nderd speeitieati011 -• .4-,1 t -• ..,AI SO' R/W - :i s 3l•:y s .f S;t-.- • . :I.. 2? b-b 1 , I ' � ,_ I IMAWANI (Liss StobiSzed Subgred' I 3000*-6'Concrete Pavement with . S%Lime by weight; TWO • 6'Monotithic Curb. N! 3 Sore '2(C-C 'Ordinary Cempectioe both ways. -; See Item 262; T.M.O. Standard Specification SECTION TYPE "C" STREET • L sd R/w I I 2 2' I 2Tb-b I 1 Ii 6's24'-2S00M Concrete Curb , S'-T M D. Towle Mot Mil Asphaltic end Sutter et Aiternote See Sal 2_ L.., Concrete ease. I'—T.IIO Twilit Not Mis Asphaltic Concrete Surface — S's 211' Lime Stabilised Subgrode 511. Lime by weight; T H.0 'Ordinary Compectie* See Item 232; "al Standard Speedstollens. SECTION TYPE "A" STREET TECHNICAL DESIGN AND SPECIFICATIONS • FOR STREETS AND ROADS FOR DALLAS COUNTY SUBDIVISIONS 11 Ayr, .—t VS• • • 3/rR 1:3 Better . . • • 114,8 • 217114 i s3 -ars • Barrier Curb Mountoble Curb CAST IN PLACE CURB 81 GUTTER xa T.H.D. EA-10S Asphalt Paint (0.1641./S.Y.) foe Cutter d Adhesive NOTE: • ' • • - Precast Curb to be east in s' sections. N •--Street intersection redli to be 20' f . . ' 4.1 ": ' £ Alley or Driveway rsdll if vsed: IC M.A C. in Driveways as.za.r• • • PRECAST CURB ( Mon Be Cost in Piece ) CURB ALTERNATES • Other Construction Designs The eornbinetlon of construction design end specification is shown Mall be considered es Dotles County Standards Any request to the Director of Public Works for voriolions 0011 be supported by • Complete engineering design report prepared by • Te.os Registered Civil. Engineer Motther K. I B,er'do Boyd A , �y Vol. 87EKS. Po 3979 s ~ I `,�'.'r i 4nn:e K. M.l Chtli T^ems! t4. ?fl 2?:; 7.00 ACRES :e E%C 0:3/.7.\)- : 11 -.• : \..s. ':". 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W 401 S• s �,�►ti `�1 �a•1 Qa I4tQOn<,4' 54— J;1)C— 131 Ft...n..0 �c, 1 �0 G$V o J� \ 00A ..b� 4' • f 0^ooA� is :'(.. `t,ry o AGQf N.O Qg :'1 s7/ T`�'02A2 4 �� ,a. ,� AG O "� % ,AO 1 OQ rq'•I' f 44'.1•,,, 1,1 Ov \0 444.7.1''1.1"W 137y 9y' a CV � G,�A• • !.t2u �6 "'CO • 1. �0 rn ry lG�6 0 b o J d. 0 n i'AGe`0 n� 00 Z '� J $44•••1'b.r. 1. 1Ji.s.l•;• h N44'S8'35�W • �j .... lG46 0i. r,T. Go,nes Surve B.J. Oorn S,,.•Wez�b o strct No. 3B2 327,80' Y• Abstroct No. 497 N44'29'06`W N44'37'38' 423.46 •t 4, 240.6I• et �` �� .v� to t: �G,o 1. A. y45 q°t ,�p s�`oj� o� h° 00 4 �A Qa N' 46 Aµ+'Q4 (Lr 7a .` E 1�, Lee o e O1 _Ai kJ• )ate ri //��` ° Gil .{ WHtIl:IT If;GI 'IN •h11W hSbSY�.'/F, H lNf1H�i . , �1i 'i,1n,;r,n ri 2146200294 GOFF HOMES 172 P02 MAY 0? '97 15:54 . ,4 I'V4 wJa 1 4-4, O '3 i tkli 7p Subject Property: 71.414 sere trots of land rotated in the Bennet 4.Don Survey Abet.No.31a and the F.T Gaines Survey Abet. No.497,Dabs,Tow Owner of Da.er* Glenn and Lark Raney Developer Wylie Cottonwood Minns,L.P. Agent for the Developer: Neal H+ee>riatl 2653 Tam Drive Dales,Toes.75229 97 2-6264242(at.204) 977477-4493(Mobil) 972-6204293(Fat) I art*tbie„A day of May.1997,that the above hio nenrtion M tame and cornet, Raney law 111 Planning & Zoning Commission #3 Action Item Re: Recommendation for Approval of Final Plat May 19,1997 Issue Discuss and consider a request for approval of a Final Plat (Approved for Construction) for the Stoneridge Farms Phase I Subdivision, submitted by Goff Homes. This property is located at the junction of Stone Road and FM 544 just south of Quail Hollow Subdivision and more specifically described as being a 77.036 acre tract of land situated in the Allen Atterberry Survey, Abstract No. 23. Background Owner/Developer Goff Homes, Inc., Dallas, Texas, is proposing a housing development consisting of 66 lots (total) to be constructed on 77.036 acres of land. The Preliminary Plat of Stoneridge Farms consists of two phases. The Final Plat under consideration for Phase I consists of 31 lots on 39.3 acres. On April 7, 1997, the Planning and Zoning Commission recommended approval of the Stoneridge Farms Preliminary Plat. The City Council approved the same Preliminary Plat at their meeting on April 8, 1997. If recommended for approval by the Planning and Zoning Commission, and if City Council approves, (scheduled May 27, 1997) the developer will then be allowed to begin construction of the public facilities to be dedicated to the City. Financial Considerations Before a Final Plat can be placed on the City Council agenda for "Approved for Construction" the Final Plat Fee, Impact Fees and the Developmental Inspection Fee must be paid. The Final Plat Fee was $423.00. Impact Fees were $21,700.00 for water and $43,772.00 for sewer for a total of$65,472.00. The Developmental Inspection Fee (1% of the estimated cost of improvements intended for dedication to the City) was $4,500.00. Goff Homes, Inc. has submitted a check in the amount of$70,395 to cover the total cost of these fees. Before final "Acceptance" of the public utilities and improvements of the Stoneridge Plat, the Perimeter Street Fees and Park Land Dedication Fees must be paid, and a one year Maintenance Bond must be posted. Legal Considerations The City of Wylie's Subdivision Regulations establishes the Preliminary Plat approval process. It must be submitted and reviewed by Staff to ensure that sufficient information exists, and is then recommended for approval by the Engineer. The Preliminary Plat and Plat Application are then submitted at least 15 consecutive days before the meeting of the Planning and Zoning Commission for its study and recommendation. The Planning and Zoning Commission shall endeavor to act on the Preliminary Plat within 30 days from the date the plat was filed with each body for their approval. The Preliminary Plat shall then be submitted to the City Council for final action. After approval of the Preliminary Plat by the City Council, the subdivider may then prepare a Final Plat of all or a portion of the land included in the Preliminary Plat. The Final Plat will then be submitted to the Planning and Zoning Commission for consideration of final recommendations. Upon final action by the Planning and Zoning Commission on any Final Plat, the same shall be referred to the City Council for Final Plat approval. Upon approval action of the City Council, the Mayor is authorized to sign the signature block "Approved for Construction." At this time, the developer shall pay his required Developmental Inspection Fees and begin construction of the public facilities to be dedicated to the City. These construction areas include public streets, alleys, water lines, sewer lines, storm drainage lines, channels and all associated construction to be dedicated to the City. The City Council's vote that the Final Plat as presented is approved for construction indicates that at that point in time, no known conditions exist which will require changes from the approved Final Plat. Inspections will be made throughout the construction of the infrastructure facilities which are intended for dedication to the City. After completion of the "dedicated improvements," the developer shall apply to the City Council for acceptance of the Final Plat, which includes dedications and easements. City Staff shall indicate to the City Council that all public improvements have been completed in accordance with the requirements of the City of Wylie. Only then is the Mayor authorized to sign the signature block "Accepted." The Final Plat shall then be filed with the appropriate County, and issuance of building permits may begin. Building Permits may only be issued on a completed development or within a completed, approved phase. Staff Recommendations City Staff and Consulting Engineer have reviewed this Plat, Greg MacLean, and meets all City of Wylie Subdivision Regulation requirements. Staff recommends approval for construction for the Stoneridge Farms, Phase I Subdivision Final Plat. Attachments Plat Application Screening Plan Final Plat copy Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date 05/08/97 Name of Proposed Development Stoneridge Farms Name of Property Owner/Developer Wylie Stoneridge Farms, L.P. Address 2653 Tarna Drive Dallas, Tx. 75229 Phone 972-620-0242 Owner of Record Wylie Stoneridge Farms, L.P. Address 2653 Tara Drive. Dallas. Tx 75229 Phone 972-62n-D242 Name of Land Planner Douphrate & Associates, Dub Douphrate Surveyor/Engineer Address PO Box 1336 Rockwall:, Tx 75087 Phone 972-771-9004 Total Acreage 39.3 Current Zoning SF-1 Number of Lots/Units 31 • Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100' with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. • Page 2 of 8 Page 2 of 3 Provided or Not Shown on Plat Applicable ✓ 1. Title or name of development, written and graphic scale, north point, date of plat and key map. ✓ 2. Location of the development by City, County and State. 3. Location of development tied to a USGS monument, Texas Highway monument or other approved benchmark. • 4. Accurate boundary survey and property description with tract boundary lines indicated by heavy lines. 5. If no engineering is provided, show contours of 5 foot intervals. 6. Accurate plat dimensions with all engineering information necessary to reproduce plat on the ground. 7. Approved name and right-of-way width of each street, both within and adjacent to the development. ✓ 8. Locations, dimensions and purposes of any easements or other rights-of-way. ✓ 9. Identification of each lot or site and block by letter and number and building lines. 10. Record owners of contiguous parcel of unsubdivided land, names and lot patterns of contiguous subdivisions, approved • Concept Plans, reference recorded subdivision plats or adjoining platted land by volume and page. 11. Boundary lines, dimensions and descriptions of open • spaces to be dedicated for public use of the inhabitants of the development. 12. Certificate of dedication d cation of all streets, alleys, parks and other public uses signed by the owner or owners (see wording). Page 3 of 3* 13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility, a waiver releasing the City for damages in establishment or alteration of graded (see wording). ___ _ 14. Statement of developer responsibility for storm drainage improvements (see wording). 15. Instrument of dedication or adoption signed by the owner or owners (see wording). - 16. Space for signatures attesting approval of the plat (see wording). •\/ 17. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the / preparation of the plat (see wording). 18. Compliance with all special requirements developed in preliminary plat review. 19. Statements indicating building permits will be issued until all . public improvements are accepted by the City (see wording). \/ 20. Submit along with plat a calculation sheet indicating the area of each lot. i \/ 21. Attach copy of any proposed deed restrictions for proposed `• subdivision. /YTaken by: ��' File No.: Date: ACk. I2C) Fee: $4 2 3 Receipt No.: _i, STONERIDGE FARMS - PHASE I FEE CALCULATIONS FEES TO BE PAID DURING ZONING AND PLATTING (Prior to placement on City Council A2endal Filing and Appraisal Fee: Final Plat- $150 + $7.00 * 39.3 acres= $423 Impact Fees: Water- $700 * 31 Lots = $21,700 Sewer-$1,412 * 31 Lots = $43,772 Development Inspection: Construction Costs=$450,000 * 1% = $4,500 Total Due: $70,395 STONERIDGE FARMS-PHASE 1 PRELIMINARY ENGR.EST. EARTHWORK 1 EARTHWORK 4,000 CY $1.50 $6,000.00 BARRICADES 50 LF $22.00 $1,100.00 2 CLEARING&GRUBBING 1 LS $3,800.00 $3,800.00 3 ' EROSION CONTROL 3,000 LF $1.50 $4,500.00 4 BENCH LOTS 31 LOTS $200.00 $6,200.00 SUBTOTAL: $21,600.00 PAVING 5 6"RCCP-30 FT W/CURB 11,000 SY $15.50 $170,500.00 6 5"HMAC PAVEMENT-2T 0 SY $0.00 $0.00 7 CURB SECTION W/ASPHALT 0 LF $0.00 $0.00 7 LIME STABILIZATION 11,500 SY $1.25 $14,375.00 8 HYDRATED LIME 175 TONS $81.00 $14,175.00 SIDEWALKS 0 SF $2.00 $0.00 PAVING SUBTOTAL: $199,050.00 UTUTIES 11 8"PVC MAIN 3,500 LF $10.00 $35,000.00 6"PVC MAIN 0 EA $9.50 $0.00 12 STD 6"FIRE HYDRANT 6 EA $1,250.00 $7,500.00 1"SERVICES 31 EA $300.00 $9,300.00 8"GATE VALVE 9 EA $500.00 $4,500.00 14 FITTINGS 3 TONS $1,000.00 $3,000.00 15 BLOCKING 5 LS $750.00 $3,750.00 16 14"BORE ENCASEMENT 150 LF $60.00 $9,000.00 17 WATER TEST 1 LS $1,000.00 $1,000.00 18 12"X 8"TAP&VALVE 2 EA $1,500.00 $3,000.00 20 8"SDR SAN SEWER 3,000 LF $15.00 $45,000.00 21 4'DIA MANHOLE 8 EA $1,500.00 $12,000.00 23 4"SEWER SERVICE 31 EA $300.00 $9,300.00 24 CLEANOUTS 2 EA $250.00 $500.00 UTILITIES SUBTOTAL: $142,850.00 DRAINAGE 25 18"RCP PIPE 0 LF $28.00 $0.00 26 21"RCP PIPE 250 LF $22.00 $5,500.00 27 24"RCP PIPE 200 LF $25.00 $5,000.00 2T'RCP PIPE 450 LF $32.00 $14,400.00 33"RCP PIPE 225 LF $40.00 $9,000.00 36"RCP PIPE 250 LF $42.00 $10,500.00 39"RCP PIPE 80 LF $45.00 $3,600.00 48"RCP PIPE 250 LF $48.00 $12,000.00 28 5'STD CURB INLET 1 EA $1,000.00 $1,000.00 10'STD CURB INLET 6 EA $1,250.00 $7,500.00 15'STD CURB INLET 6 EA $1,500.00 $9,000.00 5'DIA STORM MANHOLE 1 EA $1,500.00 $1,500.00 24"HEADWALL 4 EA $1,000.00 $4,000.00 36"HEADWALL 1 EA $1,250.00 $1,250.00 29 48"HEADWALL 1 EA $1,500.00 $1,500.00 31 GRADE TO DRAIN 250 LF $3.00 $750.00 DRAINAGE SUBTOTAL: $86,500.00 SUBTOTAL BID: $450,000.00 05/08/97 , PROPOSED LIVE SCREENING WALL / W/ RED TIP PHOTINIA'S F.M. HIGHWAY No. 544 7 ,, ...„,„„,, flzj-- BLOB• BbOLW•Af 1 n i H B.W B- 1 PHASE I a ea !1. atacz• % mz_T 0 ���: PHASE II S. \ (-1'i ', AEAD01►gROOR mow P IIAWZ.A. ti \ . LIVE SCREENING WALL EXHIBIT DOUPHRATE & ASSOCIATES NIODMIENG-sox =-ometXICTIox MOMENT P.O. BOX 198O ROC[WAU.. TEAM 700e7 PHONE: (078)771-0004 LAM (972)771-0006 THOROUGHFARE SCREENING PLAN FOR STONERIDGE FARMS - PHASE I IN WYLIE, TEXAS May 15, 1997 Project: Stoneridge Farms-Phase I subdivision, an SF-1 development to provide 31 - one acre minimum lots located on FM 544 (Stone Road) Owner: Wylie Stoneridge Farms, L.P. 2653 Tarna Drive Dallas, Texas 75229 Contact: Neal Heckel 972-620-0242 (Ext 204) or 972-977-4453 (Mobil) Overview of Section 5.03- Thoroughfare Screening of Subdivision Ordinances The existing ordinance requires that where subdivisions or additions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his sole expense. A screening plan, including elevations and material, shall be submitted with the preliminary plat. All forms of screening shall conform to the requirements of the ordinances of the City governing sight distances for traffic safety and other City ordinances Overview of Ordinance No. 93-38, Section II,Paragraph A. Screening Requirements When screening is required the screening shall be not less than six feet in height and shall be. . . live screening(if solid visual screen three feet wide and six feet high will be established within two years of planting); and all screening devices and materials shall be aesthetically and architecturally compatible with the material and design of the site being developed. Proposed Screening Plan Based on the criteria established by the City as reviewed above, Wylie Stoneridge Farms, L.P. proposes to utilize Red Tip Photinia plants as screening material for the northern perimeter of Stoneridge Farms-Phase I. The Red Tip Photinia is on the Wylie recommended plant list, as provided by staff. The effected lots in the proposed plat for Stoneridge Farms-Phase I subdivision are Block A,Lot 37, Block B, Lots 1, 2, 3, 4, 5 and 6. Screening plants shall placed within the property line of the effected lots. Maintenance will be responsibility of the individual homeowner of each particular lot. Studies have shown that this type of plant is very commonly used for this purpose in many cities. They have been observed in Wylie as well. Photinias are a very strong and stable plant. They are an evergreen plant so they will maintain their foliage year round thus ensuring constant screening. The plant will grow approximately 2 feet per year with heights up to 10 to 12 feet. Photinias live well in a variety of types of weather. They are a very attractive plant to the eye especially during blooming season when leaves are red and green. White flower clusters in the spring are very attractive. We propose to plant Photinias on a recommended 6 to 8 foot spacing pattern. Newly planted Photinias will be a minimum of 2 feet in height. This will require 4 feet of growth within 2 years to meet the minimum required 6 feet of height. This is within the expected growth capabilities of the Photinia. Growth should also provide for the minimum 3 feet in width. The Photinias, after the two year period should be up to 6 to 8 feet in height with a 6 to 8 feet wide spread , thus meeting the City screening requirements. Actual planting of the screening plants shall be coordinated with the City and home construction. In any case, screening plants shall be planted no later than nine (9) months from the date of acceptance of the land improvements by the Wylie City Council. All planting on the effected lots shall take place at one time to provide consistency in the height and width of the live screening plants along FM 544 (Stone Road). DRAFT Declaration of Restrictions of Stoneridge Farms State of Texas County of Collin THIS DECLARATION is made as of the day of , 1997 by Wylie Stoneridge Farms, L.P., a Texas limited partnership. WITNES SETH: WHEREAS, Grantor is the owner of certain real estate property located in Wylie, Texas, Collin County, Texas and being more particularly described as follows: Block A: Lot Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 37 Block B: Lot Nos. 1, 2, 3, 4, 5, 6 Block C: Lot Nos. 1, 2, 3, 4, 5, 6, 7, 8, 9, 10 Block D: Lot Nos. 10, 11, 12 of the Stoneridge Farms-Phase I subdivision as recorded in Cabinet XX Slide XX, Plat Records of Collin County, Texas(hereinafter the"Property"): WHEREAS, Grantor desires to create a quality development with restrictions, covenants, impositions, easements, charges and liens as hereinafter set forth for the preservation of the Property: NOW, THEREFORE, IT IS HEREBY DECLARED that all of the Property described above shall be held, sold and conveyed subject to all easements and other matters of record, and subject to the easements, restrictions, covenants and conditions created herein for the purpose of protecting the value and desirability of the Property, which easements, restrictions, covenants and conditions shall run with the Property, and shall be binding on all parties having any right, title or interest in or to the Property or any part thereof, and their heirs, successors and assigns, and which easements, restrictions, covenants and conditions shall inure to the benefit of each Owner of the Property or a portion thereof. ARTICLE I DEFINITIONS The following words, when used in this Declaration, shall have the following meanings: 1.1. "Property" shall mean and refer to that certain real property herein described, and such additions thereto as may hereinafter be brought within the jurisdiction of the Declaration. 1.2. "Grantor" shall mean and refer to Wylie Stoneridge Farms L.P., a Texas limited partnership, and its successors and assigns. 1.3. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of fee simple title to any Lot or portion of a Lot, their heirs, successors, legal representative or assigns. 1.4. "Lot" shall mean and refer to those lots shown upon the plat and subdivision map recorded in Cabinet XX, Slide XX, of the Plat Records of Wylie, Texas, Collin County, Texas on which there is or will be built a single family dwelling. 1.5. "Close out date" shall mean and refer to that date in which Wylie Stoneridge Farms, L. P. and/or their customers and contractors complete all home construction and close on the sale of all Lots in the Stoneridge Farms subdivision. REV(5/15/97) ARTICLE II USE RESTRICTIONS 2.1. Type of Building Permitted: All lots shall be used for residential purposes only, and no building shall be erected, altered, placed or permitted to remain on the lot other than one detached single family dwelling not to exceed two (2) stories in height and a private garage. Only one residential dwelling per lot shall be permitted. 2.2. Minimum Floor Area Criteria: Any residence constructed on said Lots must have a floor area of not less than 1800 square feet of heated/air conditioned space, exclusive of open or screened porches, terraces, patios, driveways, and garages. 2.3. Design Criteria, Structures: The following minimum criteria are established requirements for all structures: (a)All residential construction shall be 100%brick. Two(2) story residential construction design criteria is subject to approval by the Architectural Control Committee. (b)All homes must be constructed of new materials. (c)Garages shall,be two (2) car. Openings of garages must face the street. Side entr y garages will be allowed if approved by the Architectural Control Committee. No carports of any kind shallibe allowed. (d)The front do r of the home must face the street. (e)Roof designrust have a minimum pitch of 8/12. (f) Storage shed , barns or other structures shall not exceed 300 square feet in floor area and 15 feet in heght. Structure must be constructed with a minimum of three(3) exterior walls. Construction of all structures shall be 100%brick. 2.4. Completion of Construction: All homes, buildings or structure s g erected upon a Lot must begin construction within sixty(60)days of the contract date and have the exterior, including brick walls and roof, completely finished within one hundred twenty days(120) days after construction begins. Construction of all structures is to be completed within nine(9) months from the date of contract. Landscaping is to be completed as provided in Paragraph 4.1 hereof. 2.5. Setbacks: No residential'building or improvement of any kind shall be located on any lot nearer than 50 feet nor farther than 125 feet from the front lot line as shown on the recorded plat, nor nearer than 25 feet to the side of the Lot line. Storage sheds, barns, stables and corrals shall be in the rear of the Lot no closer than 100 feet from the rear of the house. Alternative setback limits for Lots located in cul de sacs shall be approved by the Architeral Control Committee, prior to construction. The main residence on any lot shall maintain equal side setbacks from the side property lines, unless otherwise approved by the Architectural Control Committee. Location of fences, walls or hedges shall be in accordance with paragraph 2.17. 2.6. Easements: Easements for the installation and maintenance of utilities, drainage facilities and public roadways are reserved as shown on the recorded plat. No utility company, water district, highway department or political subdivision or other authorized entity using the easements herein referred to shall be liable for any damage done by them or their agents, employees, assigns or servants, to shrubbery, trees or flowers, or to other property of an owner situated within any such easement. 2.7. Noxious or Offensive Activities Prohibited: No noxious, environmentally hazardous or offensive trade or activity shall be carried on in the subdivision, nor shall anything be done thereon which may be or become a nuisance to the neighborhood, in the sole discretion of the Grantor. No lot shall be used as a dumping ground for rubbish, shrubbery or trees. No inoperative vehicles or household appliances shall be allowed to remain on the property, and no automobiles on blocks will be allowed. Any automobile without current license plate and inspection sticker for more than ten(10) days shall be removed at owners expense. Grantor shall have the right to remove the above mentioned articles and to charge the Lot owner for the cost thereof, and levy the penalty provided in Paragraph 2.23 hereof. REV(5/15/97) 2.8. Prohibitive Residential Uses: No structure of a temporary character, mobile home, manufactured home, garage, detached building, barn, tent, travel trailer and/or camper, or other temporary structure shall be placed on any lot at any time as a residence, either temporarily or permanently. 2.9. Signs: No sign or billboard of any type shall be placed or maintained on any lot, provided, however, that Grantor shall have the right, during the construction and sales period, to construct and maintain such facilities as may be reasonably necessary or convenient for such construction and sale, including, but not limited to, signs, flags, offices, storage areas and model units. 2.10. Oil Development and Mining Prohibited: No oil well drilling, oil development operations, oil refining, quarrying or mining operations of any kind shall be permitted on any Lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted on any Lot. No derrick or other structure designed for use in boring for oil, natural gas or other minerals shall be erected, maintained or permitted on any Lot. 2.11. Rubbish, Trash and Garbage: No lot shall be used or maintained as a dumping ground for junk, abandoned automobiles, rubbish or trash, and no garbage or other waste shall be kept except in sanitary containers. All containers shall be kept in a clean and sanitary condition and out of public view except for the designated waste collection days. 2.12. Sewage Disposal: Sewage disposal shall be effected by means of City of Wylie sewer system. 2.13. Water Supply: No individual water-supply system shall be permitted on any Lot unless the system is located, constructed and equipped in accordance with the requirements, standards and recommendations of Collin County, Texas. Approval of the selected system, prior to installation, shall be obtained from the Architectural Control Committee. Approval of the system as installed shall be obtained from the appropriate governing authority. 2.14 Use of Natural Gas: No use of natural gas, propane, butane or other gaseous materials for any use shall be permitted on any Lot. I l 2.15. Animals: Dogs, cats and other domestic household pets may be kept and maintained by any Property Owner as long as they are properly leashed or corralled. Design and location of outdoor animal corrals/kennels shall be subject to approval by the Architectural Control Committee. No sheep goats, swine, poultry or any other livestock(except horses, see Section 2.16) shall be allowed. No commercially raised animals shall be allowed.No pit bulls, fighting game or fighting roosters shall be allowed. 2.1 Horses and Stables: Subject to compliance with applicable local ordinances and regulations, hots es may be kept on Lots. A barn and stable or corral must be erected, provided such barn and stable or corral must be in compliance with the requirements stated in this Declaration. The barn, stable or corral shall be located in the rear of the Lot no closer than 125 feet from the rear of the house. No more than two (2)horses per Lot shall ever be allowed. 2.17. Fences, Walls,Hedges and Utility Meters: No fence, wall, or restrictive hedge shall be placed or permitted to remain on any Lot nearer to the street or streets adjoining such Lot than the rear of the house, except for decorated subdivision entry fences. The standard fence for any Lot shall be a white steel pipe fence with three(3)middle white cable strands with a maximum height of five(5)feet. Alternative types of fences must be approved, prior to installation, by the Architectural Control Committee. No chain link fence, sheet metal fence, concrete fence, electric fence, barbed wire fence, snow fence or similar type fence shall be erected. Any wall design and location or restrictive hedge location shall be approved, prior to installation, by the Architectural Control Committee. 2.18. Trucks, Busses and Trailers: No truck, bus or trailer shall be kept parked in the street in front of any Lot, except for construction and repair equipment while a residence or residences are being built or repaired in the immediate vicinity, and no truck, bus, boat or trailer shall be parked on the driveway or any portion of the Lot in such manner as to be visible from the street. REV(5/15/97) I 2.19. Prohibited Activities: No professional business or commercial activity to which the general public is invited shall be conducted on any Lot, provided, however, that Grantor shall have the right during the construction and sales period to conduct normal business in the designated model unit. 2.20. Satellite Dishes: No satellite dishes of any kind shall be located on any Lot in such a manner as to be visible from the street. If satellite is visible from the street, it must be effectively screened or fenced. 2.21. Mailboxes: Any residential mailbox design and proposed location shall be subject to approval by the Architectural Control Committee. 2.22. Outdoor Guard/Protecive Lighting: Any outdoor pole mounted guard/protective lighting shall be a maximum of 20 feet in height. Placement and illumination of any outside lighting shall not intrude on neighboring properties nor create annoying glare or concentrated lighting effecting surrounding properties. Disputes on outdoor lighting matters shall be resolved by the Architectural Control Committee. 2.23. Penalty for Breach: A penalty fine, payable of Twenty Five and no/100 dollars($25.00) per day, will be levied against any Lot Owner who does not adhere to these restrictions after being notified by Certified Mail, return receipt requested, at the address shown for the Owner on the Tax Rolls of Collin County, Texas, that said owner is in default. Non-payment of any fines levied may result in a lien against the Lot of the party who is in default. ARTICLE III ARCHITECTURAL CONTROL 3.1. Appointment of Commiee: Grantor shall appoint an Architectural Control Committee ("Committee") composed ofinot less than three(3)individuals, each familiar with the residential and community development design matters. They will be knowledgeable of and have concern for a high level of taste, design, quality, harmony, and conformity throughout the property as consistent with this Declaration. 3.2. Successors: In the events of death, resignation or removal by Grantor of any member of the Committee, the remaining member(s) shall appoint a successor member. In default of such appointment, Grantor shall have full authority to appoint a successor. No member of the Committee shall be compensated for, or be liable for claims, causes of action or damages arising out of, services performed p i rsuant to this Declaration. 3.3. Approval of Plans and Specifications: No improvement, building, fence, wall or other structure shall be commenced, erected or maintained upon the Property, nor shall an exterior addition to or change or alteration therein be made, nor shall any landscaping of any Lot(s)be undertaken until the plans and specifications showing use, kind, shape, height, materials and location of the same have been submitted to, and approved in writing, by a majority of the members of the Committee. 3.4. Review of Documents: The following documents and criteria are established for review by the Architectural Control Co ittee: (a)All plans for stru9tures shall not be less than 1/8" - 1' scale. (b)Drawings and do uments required for review shall consist of the following: (1) Floor pl s, layouts, etc. (2) Elevatio s of structures (3) Summ of specifications, list of proposed materials and samples of exterior materials which cannot be adequately described. (c)Approval upon r view of the above items will constitute a preliminary approval. REV(5/15/97) (d) The final construction documents constitute the documents for final review and approval. If the Committee fails to approve or disapprove such plans and specifications within thirty(30) days after the date of submission, written approval of the matters submitted shall not be required and compliance with this article shall be deemed completed. 3.5. Termination;Continuation: The Committee appointed by the Grantor shall cease to exist on the close out date. At any time after the termination of the Committee, the Owners of a majority of Lots shall have the authority to record an instrument which will provide for a committee, elected by the Owners, to continue the functions of the Committee. Such instrument shall establish a procedure whereby the Owner's committee members shall be chosen and a notice procedure whereby all Owners will receive notice of such procedures. If there is no Committee or Owner's committee, no approval by the Committee or Owner's committee shall be required under this Declaration. Variations from standards set forth in this Declaration shall be made in accordance with general development standards as reflected in plans, construction materials, landscaping and other-matters approved by the Committee or Owner's committee during period of control. 3.6. Liability of Committee The members of the Committee shall have no liability for decisions made by the Committee so long as such decisions are made in good faith and are not arbitrary or capricious. Any error in or omissions from the plans or the site plan submitted to the Committee shall be the responsibility of the Owner of the Lot which improvements relate. The Committee shall have no obligation to check errors in or omissions from any such plans, or check for such plans' compliance with the general provisions of the Declaration, city codes, state statutes or common law, whether the same relate to Lot lines,building lines, easements or any other issue. ARTICLE IV EXTERIOR MAINTENANCE 4.1. Maintenance of Premises. In order to maintain the standards of the Property, no refuse or unsightly objects shall be allowed to be placed or suffered to remain anywhere thereon. The Property, building improvements, landscaping and appurtenances shall be kept in good, safe, clean and neat condition. In the event an Owner of any Lot shall fail to maintain the premises and the improvements situated thereon in a neat and orderly manner, the Grantor shall have the right, through its agents and employees, to enter upon said lot and to repair, maintain and restore the Lot and exterior of the buildings and any other improvements erected thereon, all at the expense of the Owner. Each Lot Owner shall be required to keep the grass or weeds on such Lot mowed so that it shall not be higher than six(6)inches. Property must be landscaped within 90 days of closing on the purchase of the property and subsequently properly maintained. Landscaping shall be placed the full width of the lot from the front lot line to a minimum of thirty(30) feet behind the rear of the house, which includes the front yard, side yard and minimum backyard portion. Lot landscaping shall include, at a minimum, the successful sodding, seeding or hydromulching of the required minimum yard area. Other landscaping shall be at the Lot Owners discretion. On Lots platted so that rear yards are adjacent to a dedicated roadway(FM 544 - Stone Road)the Owner shall provide and maintain live screening utilizing the Red Tip Photinia plant. Live screening shall be in accordance with the approved Thoroughfare Screening Plan(see attached Exhibit A) and meet City of Wylie standards. ARTICLE V EASEMENTS 5.1. Reservation of Easements. All easements for the installation of utilities, drainage facilities or public roadways are reserved as shown on the plat recorded in Cabinet XX, Slide XX of the Plat Records of Collin County, Texas. No shrubbery, fence or other obstruction shall be placed in any easement or alleyway. Right of use for ingress and egress shall be had at all times over any dedicated easement, and for installation, operation, maintenance, repair or removal of any utility or public roadway, together with the right to remove any obstruction that may be placed in such easement which would constitute interference with the use, maintenance, operation or installation of such utility or public roadway. REV(5/15/97) ARTICLE VI GENERAL PROVISIONS 6.1. Enforcement. Enforcement of restrictions, conditions and reservations now or thereafter imposed by the provisions hereof shall be any procedure at law or equity against any person or persons violating or attempting to violate any covenants or restrictions either to restrain violation or to require certain performance or to recover damages or to enforce any lien created by these covenants. Any costs of collection, including reasonable attorney's fees incurred in the enforcement of these covenants, restrictions or lien shall be paid by the violating Owner. Failure to enforce any covenant or restriction herein contained in no event be deemed as a waiver of the right to do hereafter. 6.2. Non-liability of Grantor or Association.. Neither the Grantor nor the Association shall in any way or manner be held liable or responsible for any violation of these restrictions by any person other than itself. In the event that either Grantor shall deem it necessary to enforce any covenant these restrictions against any Owner, said Owner shall be required to pay reasonable attorney's fees and court costs if the Grantor shall prevail is said litigation. 6.3. Declaration of Restrictions Run With the Land. The restrictions herein contained shall constitute an easement and imposition in and upon with the Property and every part thereof, and they shall run with the land and shall inure to the benefit of and be binding upon enforceable by Grantor or any Owner for a period of five(5)years from the date this Declaration is recorded. 6.4. Owner Compliance. The covenants, restrictions and servitudes imposed by this Declaration shall apply not only to Owners, but also to any persons or entities occupying the Property or any Lot by permission or invitation of the Owner or his tenants, expressed or implied. Failure of the Owner to notify said persons or occupants of the existence of said restrictions shall in no way limit or divest the right of Grantor or other Owners of the Property of enforcement of these restrictions and, in addition, the violating Owner shall be responsible for all violations of these restrictions by his tenants, licensees or invitees of his tenants at any time. 6.5. Severability Clause. Invalidation of any one of these restrictions, whether in whole or in part, by a court of competent jurisdiction, shall not affect any of the other restrictions, and all other provisions shall remain in full force and effect. 6.6. Duration and Amendment. The covenants, conditions and restrictions of this Declaration shall be in effect until all Lots in the Stoneridge Farms have been sold and closed upon(close out date), after which time said covenants, conditions and restrictions shall be automatically extended for successive periods of five(5)years. Prior to the close out date, Grantor reserves the right to amend, delete and/or add to the covenants and restrictions of this Declaration. After the close out date, the covenants, conditions and restrictions of this Declaration may be amended during the first five(5)year period by an instrument signed by not less than sixty(60)percent of the Lot Owners, and during subsequent five(5)year periods by instrument signed by not less than seventy five(75) percent of the Lot Owners. No such amendment shall be effective until recorded and approval of any governmental regulatory body which is required shall have been obtained. REV(5/15/97) SWORN TO AND ACKNOWLEDGED before me by Tommy Goff, Registered Agent for the General Partner of Wylie Stoneridge Farms, L.P., a Texas limited partnership. on this the day of , 199 , for and on behalf of said venture. Wylie Stoneridge Farms, L.P., a Texas limited partnership • Tommy Goff,President Opela Investments Inc. (General Partner) STATE OF COUNTY OF This instrument was acknowledged before me this day of , 199 , By , its of , a Texas limited partnership for and on behalf of said Notary Public Printed Name Commission Expires iw REV(5/15/97) EXHIBIT A THOROUGHFARE SCREENING PLAN FOR STONERIDGE FARMS - PHASE I IN WYLIE, TEXAS May 15, 1997 Project: Stoneridge Farms-Phase I subdivision, an SF-1 development to provide 31 - one acre minimum lots located on FM 544 (Stone Road) Owner: Wylie Stoneridge Farms, L.P. 2653 Tarna Drive Dallas, Texas 75229 Contact: Neal Heckel 972-620-0242 (Ext 204) or 972-977- 4453 (Mobil) Overview of Section 5.03- Thoroughfare Screening of Subdivision Ordinances The existing ordinance requires that where subdivisions or additions are platted so that the rear yards of residential lots are adjacent to a dedicated roadway, the owner shall provide screening at his sole expense. A screening plan, including elevations and material, shall be submitted with the preliminary plat. All forms of screening shall conform to the requirements of the ordinances of the City governing sight distances for traffic safety and other City ordinances Overview of Ordinance No. 93-38, Section II, Paragraph A. Screening Requirements When screening is required the screening shall be not less than six feet in height and shall be. . . live screening (if solid visual screen three feet wide and six feet high will be established within two years of planting); and all screening devices and materials shall be aesthetically and architecturally compatible with the material and design of the site being developed. Proposed Screening Plan Based on the criteria established by the City as reviewed above, Wylie Stoneridge Farms, L.P. proposes to utilize Red Tip Photinia plants as screening material for the northern perimeter of Stoneridge Farms-Phase I. The Red Tip Photinia is on the Wylie recommended plant list, as provided by staff. The effected lots in the proposed plat for Stoneridge Farms -Phase I subdivision are Block A, Lot 37, Block B, Lots 1, 2, 3, 4, 5 and 6. Screening plants shall placed within the property line of the effected lots. Maintenance will be responsibility of the individual homeowner of each particular lot. Studies have shown that this type of plant is very commonly used for this purpose in many cities. They have been observed in Wylie as well. Photinias are a very strong and stable plant. They are an evergreen plant so they will maintain their foliage year round thus ensuring constant screening. The plant will grow approximately 2 feet per year with heights up to 10 to 12 feet. Photinias live well in a variety of types of weather. They are a very attractive plant to the eye especially during blooming season when leaves are red and green. White flower clusters in the spring are very attractive. We propose to plant Photinias on a recommended 6 to 8 foot spacing pattern. Newly planted Photinias will be a minimum of 2 feet in height. This will require 4 feet of growth within 2 years to meet the EXHIBIT A minimum required 6 feet of height. This is within the expected growth capabilities of the Photinia. Growth should also provide for the minimum 3 feet in width. The Photinias, after the two year period should be up to 6 to 8 feet in height with a 6 to 8 feet wide spread , thus meeting the City screening requirements. Actual planting of the screening plants shall be coordinated with the City and home construction. In any case, screening plants shall be planted no later than nine(9) months from the date of acceptance of the land improvements by the Wylie City Council. All planting on the effected lots shall take place at one time to provide consistency in the height and width of the live screening plants along FM 544 (Stone Road). Page 1 of 3 City of Wylie (1/95) APPLICATION AND FINAL PLAT CHECKLIST Date 05/08/97 Name of Proposed Development Stoneri dge Farms Name of Property Owner/Developer Wylie Stoneridge Farms, L.P. Address 2653 Tarna Drive Dallas, Tx, 75229 Phone 972-620-0242 Owner of Record Wylie Stoneridge Farms, L.P. • Address 2653 Tarna DrjvQ_ Dallas, Tx 75229 Phone 972-6211-n242 Name of Land Planner Douphrate & Associates, Dub Douphrate Surveyor/Engineer Address PO Box 1336 Rockwall, Tx 75087 Phone 972-771-9004 Total Acreage 39.3 Current Zoning SF-1 Number of Lots/Units 31 Signed The Final Plat shall generally conform to the Preliminary Plat, as approved by the City Council and shall be drawn legibly to show all data on a scale not smaller than 1" = 100'with a graphic scale provided. Six sets of direct prints and three Mylars of all originals, plus one on Mylar to be 17-1/2" x 23-3/4" shall be submitted. Plats prepared using AutoCad or other computer aided design techniques shall also provide a copy of all drawings on diskette to the City. The following Final Plat Checklist is used to check compliance with the Wylie Subdivision Regulations. The following checklist is intended only as a reminder and a guide for those requirements. Page2of3 Page 2 of 3 Provided or Not Shown on Plat Applicable ✓ _ 1. Title or name of development, written and graphic scale, north point, date of plat and key map. ✓ 2. Location of the development by City, County and State. 3. Location of development tied to a USGS monument, Texas Highway monument or other approved benchmark. ✓ 4. Accurate boundary survey and property description with tract boundary lines indicated by heavy lines. 5. If no engineering is provided, show contours of 5 foot intervals. ✓ 6. Accurate plat dimensions with all engineering information necessary to reproduce plat on the ground. 7. Approved name and right-of-way width of each street, both within and adjacent to the development. 8. Locations, dimensions and purposes of any easements or other•rights-of-way. • ✓ �' 9. Identification of each lot or site and block by letter and number and building lines. 10. Record owners of contiguous parcel of unsubdivided land, names and lot patterns of contiguous subdivisions, approved • Concept Plans, reference recorded subdivision plats or adjoining platted land by volume and page. • ✓ 11. Boundary lines, dimensions and descriptions of open spaces to be dedicated for public use of the inhabitants of the development. 12. Certificate of dedication of all streets, alleys, parks and other public uses signed by the owner or owners (see wording). • Page 3 of 3' . ✓ 13. Designation of the entity responsible for the operation and maintenance of any commonly held property and a waiver releasing the City of such responsibility, a waiver releasing the City for damages in establishment or alteration of graded (see wording). 14. Statement of developer responsibility for storm drainage improvements (see wording). ✓ 15. Instrument of dedication or adoption signed by the owner or owners (see wording). ✓ • 16. Space for signatures attesting approval of the plat (see wording). 17. Seal and signature of the surveyor and/or engineer responsible for surveying the development and/or the preparation of the plat (see wording). 18. Compliance with all special requirements developed in preliminary plat review. 19. Statements indicating building permits will be issued until all public improvements are accepted by the City (see wording). 20. Submit along with plat a calculation sheet indicating the area of each lot. • 21. Attach copy of any proposed deed restrictions for proposed subdivision. - :2,1` Taken by: r" File No.: Date: kVI-1 Fee: 6 LI Receipt No.: Planning & Zoning Commission #4 Action Item Re: Discuss and Consider changing the P&Z meeting time May 19, 1997 Discuss and consider changing the Planning and Zoning Commission's meeting time from 6:30 p.m. to 7:00 p.m. Lot name: BLK Al Perimeter: 847.59 Area: 43,559. sq.ft. 1.000 acres Lot name: BLK A2 Perimeter: 855.08 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK A3 Perimeter: 919.34 Area: 43,559. sq.ft. 1.00 acres Lot name: BLK A4 Perimeter: 911.41 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK A5 Perimeter: 881.45 Area: 43,560. sq.ft. 1.000 acres Lot name: ELK A6 Perimeter: 872. 65 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK A7 Perimeter: 876. 97 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK A8 Perimeter: 1263.59 Area: 73,499. sq.ft. 1. 687 acres Lot name: BLK A9 Perimeter: 2433.43 Area: 209,525. sq.ft. 4.810 acres Lot name: BLK A10 Perimeter: 891.71 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK A11 Perimeter: 890.40 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK A37 Perimeter: 865.32 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK B10 Perimeter: 982.29 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK B11 Perimeter: 986.24 Area: 43,830. sq.ft. 1.006 acres Lot name: BLK B12 Perimeter: 871. 93 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK Cl Perimeter: 884.04 Area: 42,079. sq.ft. 0. 966 acres Lot name: BLK C2 Perimeter: 870.16 Area: 37,309. sq.ft. 0.856 acres Lot name: BLK C3 Perimeter: 906.01 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK C4 Perimeter: 904. 99 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK C5 Perimeter: 903. 97 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK C6 Perimeter: 885. 97 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK C7 Perimeter: 858.06 Area: 43,559. sq.ft. 1.00 acres Lot name: BLK C8 Perimeter: 845.75 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK C9 Perimeter: 851.25 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK C10 Perimeter: 902.83 Area: 43,559. sq.ft. 1.000 acres Lot name: BLK D1 Perimeter: 865.32 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK D2 Perimeter: 796.86 Area: 34,206. sq.ft. 0.785 acres Lot name: BLK D3 Perimeter: 865.89 Area: 43,560. sq.ft. 1.000 acres Lot name: BLK D4 Perimeter: 867.00 Area: 43,559. sq.ft. 1.00 acres Lot name: BLK D5 Perimeter: 800.33 Area: 34,206. sq.ft. 0.785 acres Lot name: BLK D6 Perimeter: 869.03 Area: 43,559. sq.ft. 1.000 acres