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01-06-1997 (Planning & Zoning) Agenda Packet AGENDA PLANNING AND ZONING COMMISSION WYLIE MUNICIPAL COMPLEX January 6, 1997 6:30 pm CALL TO ORDER ACTION ITEM 1. Consider approval of the Minutes from the December 2, 1996 Regular Business Meeting. 2. Consider a request from Doug Williams for approval of site plan for a car lot to be constructed at 2817 Hwy. 544 and further described as lot 2 of McCords Little Six. 3. Consider a request from Novid Properties for approval of site plan for an office/warehouse to be constructed at 650 Hwy. 1378 (Country Club Road) PUBLIC HEARING 1. Hold Public Hearing and consider approval of a zone change from "A" Agriculture to "I" Industrial District for Roy Neely for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6, 7 and 8 of Wylie Ranch East Commercial Park. DISCUSSION ITEM 1. Presentation of a Planned Development District Concept Plan designated as Woodbridge Development. CITIZEN PARTICIPATION ADJOURNMENT �t � �.��. �" (�1. Posted Friday, January 3, 1997 at 5:00 p.m. THE WVI IF MIINICIPAI CAMPI FX IS WHFFI CHAIR ACCFSSIRI F SIC;N INTFRPRFTATIfN lR ATHFR SPFCIAI ASSISTANCF FAR 111SARI FR 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 December 2, 1996 Regular Business Meeting January 6, 1997 Consider approval of the Minutes from the December 2, 1996 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 December 2, 1996, 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, Cecilia Wood, Steve Ahrens, and Stuart Allison. ABSENT: Rich Eckman - excused, Tim Owen - excused. STAFF MEMBERS PRESENT: Director of Community Development - Mike Phillips and Secretary- Rebecca Rogers. ACTION ITEMS ITEM NO. 1: Consider approval of the Minutes from November 4, 1996 Regular Business Meeting. A motion was made by Steve Ahrens, seconded by Cecilia Wood to accept the minutes as presented. Motion carried, all in favor(4). PUBLIC HEARING ITEM NO. 1: Hold a Public Hearing and consider a recommendation to the City Council a request from Roy Jacobs(Jimmie Ray Jacobs,P.O.A.) for approval of a zone change from"A", Agricultural to`B-2",Business District for the property located on the south side of FM 544 just east of FM 544 and Regency Drive and further described as lots 2 and 3, Block B of Jacobs Addition. Chairman Peddicord opened the Public Hearing. There was no one present to speak for or against the request and Chairman Peddicord closed the Public Hearing. Discussion among Commission members ensued regarding zoning of surrounding areas and intended use of the property. Surrounding area is Industrial and B-2 zoning. A motion was made by Cecilia Wood and seconded by Steve Ahrens to recommend to City Council a request from Roy Jacobs for approval of a zone change from "A", Agricultural to `B-2",Business District for the property located on the south side of FM 544 just east of FM 544 and Regency Drive and further described as lots 2 and 3, Block B of Jacobs Addition. Motion carried, all in favor (4). ITEM NO. 2: Hold a Public Hearing and consider a recommendation to the City Council for a Zoning Ordinance amendment by making certain changes in the text of the Sign Regulations, specifically section 27.17 (c.1). This section defines wall sign standards. The proposed change concerns increasing the maximum allowable square footage of the sign from the current specifications. Staff stated that current regulations are too restrictive. Questions were raised 1 regarding Brookshires and Eckerd's signs. One was grand fathered and the other was a tornado replacement. After listening to the tapes of the meeting, Mr. Phillips feels that there was some confusion involved when the ordinance was written. Staff is requesting for the ordinance to be changed to: "Wall signs shall not exceed forty(40) square feet or the product of two (2) times the lineal footage for which such signs are intended, whichever is greater."amendment from"whichever is lesser". Discussion followed. Motion was made by Steve Ahrens, seconded by Stuart Allison to approve a recommendation to City Council for a Zoning Ordinance amendment by making certain changes in the text of the Sign Regulations, specifically Section 27.17 (c.1). Motion carried, all in favor (4). CITIZEN PARTICIPATION None ADJOURNMENT ADJOURN: A motion was made to adjourn by Steve Ahrens, seconded by Stuart Allison. Motion carried, all in favor(4). Chairman Peddicord adjourned the meeting. Respectfully submitted, Bart Peddicord, Chairman Rebecca Rogers, Secretary 2 Planning & Zoning Commission #2 Action Item Re: Recommendation for Approval of Site Plan January 6, 1997 Issue Consider a request from Doug Williams for approval of a site plan for a car lot to be constructed at 2817 Hwy. 544 and further described as lot 2 of McCords Little Six. Background In accordance with Ordinance No. 92-7, the site plan is presented to the Planning and Zoning Commission for review. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services. Financial Considerations N/A Legal Considerations N/A Staff Recommendation Staff recommends conditional approval of the site plan submitted by Doug Williams. Attachments Site Plan, Location Map, List of conditions required to be met `. �45.57� 116.a9' N 38' 38 l 4 I I I t',bo' // / 7 // / / / / / / / / / �/ �/ J. / I - s Z ��1 . -4�-3Y• 4 4 Conditional Requirements for Site Plan - 2817 Hwy. 544 1. 4 parking places are required with one of the spaces being constructed and marked as an accessible space. Required parking must be on concrete or asphalt. 2. Drive approach must have state permit and must have minimum 15' radius on each side that does not extend beyond side property line extension to street. 3. 5% (1186 sq.ft.) of lot must be landscaped per City Ordinance. 2 1/2% (593 sq.ft.) must be in front yard. 4. Concrete on parking lot shall be sloped for appropriate drainage away from building and adjacent property. Curbs may be needed at sides of lot to accomplish this. Drainage away from building must be achieved on all sides of structure. 5. Building is located on a Platted Utility Easement and must be moved 3' or more to the rear. A 5' utility easement exists at front of property and 80' behind the front property line. 6. Building must tie to City water and City sewer if sewer is available within 500'. 7. Other storage of vehicles must comply with screening standards. _—_ 22 40 A( 41 88 AC ' PATRICE LEMMON • 5 0 AC / — RALPH PINKUS KATHLEEN WILLIAMS m B C WOOD C a J 36 61 AC lip, 5 qC lip, Ns., 58.30 AC 0 L -\'' l SOUTHW N p JOE KREGK GARY ARMSTRONG !Mr . ' I JACK III 34 5 , 6 3 63 A f, SWEFT I599AG L - r __ 7 =--- 9= 10 - Th--, OcR9 AC F M 5ti4 DAVID C I IN I SWIM NOV M JABOCS 109 pc SUZYLOU Bll I Y 'F DAVIS ' MARY JA[OBS ► JT. VENT. WILLIAM HE ' S 00 AC DROVER 15 96 AC 1 UUT 1 R BUYD 2.0 AC. PATSY G +uUT 1 2.91 AC 99 AC FLANAGAN 5. 4 2 A C. (OUT) 3 C WILLIAM SPRINGER 3 O 4 L_IMITS 3 IU AC ARTHUR P WILLIS ALEX ANDERSON P F- , Y , \ 2 0 AC > I O AC J-k j �O yO q a p V004,, ?r u +� BILLY \ \ BETTY M Bit LY C 10 AC ' UAVI-YoN \ I \ \ CLAYTON 10 AC COVINGTON I. TARRANT I U 6 • \\ 7.6 MARK SENA PLUMING CO W \ \\ 20 AC. 20AC /0♦ - 1 MARY Al LENF .I[+NES 4 ROAD I 1 .STEEL f II I fi (1 2 13 'I I I I ✓ ��1 • Planning & Zoning Commission #3 Action Item Re: Recommendation for Approval of Site Plan January 6, 1997 Issue Consider a request from Novid Properties for approval of an office/warehouse to be constructed at Hwy. 1378 (Country Club Road). , Background In accordance with Ordinance No. 92-7, the site plan is presented to the Planning and Zoning Commission for review. The purpose of the review is to ensure efficient and safe land development, harmonious use of land, compliance with appropriate design standards, safe and efficient vehicular and pedestrian circulation, parking and loading, and adequate water supply, drainage and storm water management, sanitary facilities, and other utilities and services. Financial Considerations N/A Legal Considerations N/A Staff Recommendation Staff recommends approval of the site plan submitted by Novid Properties. Attachments Site Plan, Location Map GSt v N =d>I 7v :>\ 1‘.,<ZC'l _ II — ck rf�u�.u • trantGv - of b 3 -;------1 i f L z,t,I1 Iel-.1I 61 v-2 ,�,�I _ :,, -I_ _—_, rj 1- 1 tk.., , w,,..„Li.,.. /„.„ 1 ,,,e,„ . 1 _, 1 L..„rinSa r vE .. M 1 " PFFA 1j��°' '' /'OAnI•IC{ a Ica.,...,_-:„* k.,,, ‘,..„,„,,,,.\, , ,. \ , L,t+ ., , - \- 7 1 .,.. _a i-— _ aa, ,. ,!, a _ _ il ,! , cC .,,, (. ,.) k- r11,-t 1-s-1�J- U#A'eI91Io ff-- L- —53 Toll 1I -f- �j It,,J8 1 -L 1 iw,._ er-Isis ..„..„..... I T p.. pi_- r--1 -- MITE f--P-rP, : om 54' - .pp ar-v.i: I fi elcr'v^ -,r'n Ilf7cIP' - 8 MtVG LIL.0.1,--hS' a-S c 1 ?(I9 - J - - I'I'M NC{ r1 L-A14E- C,A,-a.1G 14/.4*- +GI2,0OGt^4- otl%I15Wr47 p_-L f.'Y'K7AIC1 _r,1lc-1.IG.I„1i1}S�e• ..c..E..(„J_GFI 0 .W+442 Imo' J-P-14> ea-t P' - If' e1'TY or 1-KLIe- 02ttti"+1 -- .- . (O : , 4 2 _okP Ranch Road Iel 1 10 1 2 3 4 5 6 7 8 O II I213I4I5I6I7I8 5 8 d incoln a, rive © 6 co 5 6 5 6 .© 6 - 5 BIRMINGHAM -6 ler 4 7 4 7 4 7 4 VD . iiill c E 3 0 8 c 31J� 0 3 4)8 !a A I o�-- 4 9 • �� 9 2 _ 9 _�- Q© 9 3 'A10 • I 1 ` 10 { 10 743 86 o Kennedy- Drive 2 I ?� 3`--'4 5 6 is7 j 12 3 4Q 6 7 8 91 ,L1MIT 1 1 1 ` MYCO CONC CG INC p• 5 - 10- 22 JICK DNAIN 23 49 AC 7.70 AC. PAUL WITHERSPOON GLADYS C• SWANSON \ --FRoPERT\I 4 00 AC 6.00 AC � {r JAMES PELL 7.50 AC . 1 BILLIE JONES t 7.50 AC. �I'� -- ---. CBA ENTERPRISES t D. W HAMPTON 23.49 AC. V 10 00 AC 1 KENNETH BEVIS 10 00 AC i\ t ) . . 6'; MICHAEL McANALLY a, I ! 9 99 AC FM . HWY 3412 l CITYLIMIT /, .. Planning & Zoning Commission #1 Public Hearing Item Re: Recommendation for Approval of Zone Change January 6, 1997 Issue Hold a Public Hearing and consider a recommendation to the City Council a request from Roy Neely for approval of a zone change from "A" Agriculture to "I" Industrial District for property located on the south side of State Highway 78 North, east of Kreymer Lane and more particularly described as lots 6, 7 and 8 of Wylie Ranch East Commercial Park. Background Mr. Roy Neely is requesting that the above referenced property's zoning classification be changed from "A" to "I" Industrial District so that he may legally operate a fully enclosed machine shop on the premises. Mr. Neely currently operates a machine shop in Wylie at 210 Industrial Ct. and has been at that location for 5 years. Mr. Neely's shop manufactures components for other commercial businesses such as Sanden Corp. He has no room to expand his business at this present location. He plans to sell his current property and relocate his machine shop to the property referenced above where he will have room to expand as needed. Financial Considerations N/A Legal Considerations Under Article 9, Section 2 (B2) of the Wylie Home Rule Charter, it states that the Planning and Zoning Commission will recommend to Council proposed ordinances and amendments regarding planning and zoning changes. Staff Recommendation The City of Wylie Comprehensive Plan's land use designation for the area is commercial. Commercial is defined as Retail, Business-1 and Business-2 Districts. These districts are generally defined as being areas intended predominantly for commercial activities of a service nature with limited outside or open storage. The Industrial classification does not comply with the Comprehensive Plan's land use designation for this area. One must always consider what use is allowable once a property receives a zoning classification. The types of businesses that are allowed in an Industrial district are not compatible to the land uses in proximity to this property. This area has been developed with single family residences directly to the south of the property and "B-1" zoned property to the east and west of the property. There is also the possibility of single family development to the east of this property where it is zoned "SF-2". There have been discussions between staff and interested developers about the development of the "SF-2" property. With the existence of the current single family residences as well as the real possibility of other single family development adjacent to the property, staff believes that Retail and Business-1 zoning are the only viable commercial land use classifications for this area. The intent of the Comprehensive Plan's land use designation for this area as "commercial" is to provide commercial activities to serve the area and to provide a buffer area between the residential development to the south and the major thoroughfare of State Highway 78. Land uses that are allowed in Industrial and "B-2" Districts are of an intensive nature that staff deems inappropriate to serve as a transitional buffer area between single family residences and State Highway 78. Therefore, for the reasons cited above, staff recommends denial of the zone change request. Property notifications were sent to all persons owning land within 200 feet of the property in question. At this time no responses have been received. Attachments Zone Change Application, Public Hearing Notice, Property Owners List and Responses, Location Map, Area Zoning Map. LLB 1 I-`l-9� Page 1 of 2 (5/93) tP CITY OF WYLIE P.O. BOX 428 WYLIE, TEXAS 75098 APPLICATION FOR ZONING CHANGE Case No. Filing Fee 2250g. Date ///- Applicant levy AX'c/y Phone No. Mailing Address: . // Work No. ��/.5" ( //c l (J/ /X V' LEGAL DESCRIPTION OF PROPERTY SOUGHT TO BE REZONED: (If additional space is needed for description, the description may be put on a separate sheet and attached hereto).1 I hereby request that the above described property be charred from its present zoning which is District Classification to _I- - �t/Av�fv��_j District Classification for the following reasons: (attach separate sheet if necessary) There f (are not) deed restrictions pertaining to the intended use of the property. 2 Status of Applicant Owner . Tenant _, Prospective Purchaser /efy I have attached hereto as Exhibit "A" a plat showing the property which is the subject of this requested zoning change and have read the following concerning the importance of my submitting to the City a sufficient legal description. Signed 701,&u-) ,1 ��% Page2of2 Note: 1 The legal description is used to publish notice of the required hearing and in the preparation of the final ordinance granting the zoning change. The description must be sufficient so as to allow a qualified surveyor to take the description and locate and mark off the tract on the ground. Each applicant should protect himself by having a surveyor or his attorney approve his legal description. Failure to do so by the applicant may result in delay in passage of the final ordinance or the ordinance being declared invalid at some later date because of an insufficient legal description. 2 If the applicant is someone other than the owner, written acknowledgement by the owner.of the zoning request must also be submitted. • COLLIN COUNTY ASSOCIATION OF REALTORS®, INC. 10-:5-yJ UNIMPROVED PROPERTY EARNEST MONEY CONTRACT PROMULGATED BY TFIE TEXAS REAL ESTATE COMMISSION (TREC) "E^"oR.• NOTICE: This Contract Is Limited To Transactions Where Intended Use Is For One To Four Family Residences 1. PARTIES: u € E57$ ,,, . /`Xi and convey to Ao - �R2✓:w /l�e�/ (Seller) agreessell (Buyer) andd Buyer agrees to buy from Seller the property described below. 2. PROPERTY: Lot 7 )4 d , Block , �. WA f Cr 6 At Addition, City of 1 Uy/ County, Texas, known as ef Y AID i (Address), or as described on attached exhibit, (the Property). The Property Ei is is not subject to mandatory membership in an owners' association and its assessments and requirements. 3. SALES PRICE: A. Cash portion of the Sales Price payable by Buyer S /6'0 O, O v B. Sum of all financing described below $ o 0 C. Sales Price (Sum of A and B) ., $ y'�rj 0e, 00 4. FINANCING: The portion of the Sales Price not payable in cash shall be paid as follows: (Check applicable boxes below) A. ASSUMPTION: (1) Buyer shall assume the unpaid principal balance of a first lien promissory note payable to which unpaid balance at closing will be S The total current monthly payment including principal, interest and reserve deposits is S Buyer's initial payment shall be the first payment due after closing. Ei (2) Buyer shall assume the unpaid principal balance of a second lien promissory note payable to which unpaid balance at closing will be S The total current monthly payment including principal, interest and reserve deposits is S Buyer's initial payment shall be the first payment due after closing. Buyer's assumption of an existing note includes all obligations imposed by the deed of trust securing the note. If the unpaid balance(s) of any assumed loan(s) as of the Closing Date varies from the loan balance(s) stated above, the 0 cash payable at closing 0 sales price shall be adjusted by the amount of any variance;provided, if the total principal balance of all assumed loans varies in an amount greater than S350.00 at closing, either party may terminate this contract and the Earnest Money shall be refunded to Buyer unless either party elects to eliminate the excess in the variance by an appropriate adjustment at closing. If the noteholder requires (a) payment of an assumption fee in excess of S in A(1) above, or S in A(2) above and Seller declines to pay such excess or (b)an increase in the interest • rate to more than % in A(1) above, or % in A(2)above, or (c) any other modification of the loan documents, Buyer may terminate this contract, and the Earnest Money shall be refunded to Buyer. A vendor's lien and deed of trust to secure assumption shall be required, which shall automatically be released on execution and delivery of a release by noteholder. If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be required. NOTICE TO BUYER: The monthly payments, interest rates or other terms of some loans may be adjusted by the lender at or after closing. If you are concerned about the possibility of future adjustments, do not sign this contract without examining the notes and deeds of trust. NOTICE TO SELLER: Your liability to pay the note assumed by Buyer will continue unless you obtain a release of liability from the lender. If you are concerned about future liability, you should use TREC Release of Liability Addendum. Erg. THIRD PARTY FINANCING: EI (1) A third party first lien note of S 7„i1nD. 00 , due in full in .50 year(s), with interest not to exceed // percent per annum for the first year(s) of the loan. El (2) A third party second lien note of S , due in full in year(s), with interest not to exceed percent per annum for first year(s) of the loan. C. SELLER FINANCING: A promissory note from Buyer to Seller of S , bearing 90 interest per annum. secured by vendor's and deed of trust liens, in accordance with the terms and conditions set forth in the attached TREC Seller Financing Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish Seller with a mortgagee policy of title insurance. D. CREDIT APPROVAL ON ASSUMPTION OR SELLER FINANCING: Within days after the effective _date of Initialed for identification by Buyer /P• ' . and Seller � TREC NO. 9-2 N° 101 UnitnproSeti Property Earnest Money Contra_t Concerning 7!T Page Two 10-25-93 (Address of Property) this contract, Buyer shall deliver to Seller ❑ credit report ❑ verification of employment, including salary ❑ verification of funds on deposit in financial institutions 0 current financial statement to establish Buyer's creditworthiness for assumption approval or seller financing and 0 If Buyer's documentation is not delivered within the specified time, Seller may terminate this contract by notice to Buyer within 5 days after expiration of the time for delivery, and the Earnest Money shall be paid to Seller. If this contract is not so terminated, Seller shall be deemed to have accepted Buyer's credit. If the documentation is timely delivered, and Seller determines in Seller's sole discretion that Buyer's redit is unacceptable;Seller may terminate this contract by notice to Buyer within 5 days after expiration of the time for delivery and the Earnest Money shall be refunded to Buyer. If Seller does not so terminate this contract, Seller shall be deemed to have accepted Buyer's credit. Buyer hereby authorizes any credit reporting agency to furnish to Seller at Buyer's sole expense copies of Buyer's credit reports. Within days after the effective date of this contract Buyer shall apply for all third party financing or noteholder's approval of any assumption and shall make every reasonable effort to obtain financing or assumption approval. Financing or assumption approval shall be deemed to have been obtained when the lender has determined that Buyer has satisfied all of lender's financial conditions(those items relating to Buyer's ability to qualify for assumption approval or a loan).If financing or assumption approval is not obtained within days after the effective date hereof, this contract shall terminate and the Earnest Money shall be refunded to Buyer. Each note to be executed hereunder shall be secured by vendor's and deed of trust liens. • 5. EA �S MO Y: Bu,Ye'r shall/ deposit $ i�o ° a as Earnest Money with e-D/7)'No,c/!,1 e-#211`i / /T�e— - c V e Lie 0.5,1cL at eb n,ry-o,✓c✓e.,n•/i1 — , Jy /, (Address), as Escrow Agent, upon execution of this contract by both parties. 0 Additional Earnest Money of$ shall be deposited by Buyer with Escrow Agent on or before , 19 . If Buyer fails to deposit the Earnest Money as required by this contract, Buyer shall be in default. 6. TITLE POLICY, ABSTRACT AND SURVEY: A• TITLE POLICY: Seller shall furnish to Buyer at Se)ler's expense an Owner Policy of Title Insurance (the Title Policy) issued by e Am) (the Title Company) in the amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the Title Policy, subject to the promulgated exclusions (including existing building and zoning ordinances) and the following exceptions: (1) Restrictive covenants common to the platted subdivision in which the Property is located. (2) The standard printed exception for standby fees, taxes and assessments. (3) Liens created as part of the financing described in Paragraph 4. (4) Utility easements created by the dedication deed or plat of the subdivision in which the Property is located. (5) Reservations or exceptions otherwise permitted by this contract or as may be approved by Buyer in writing. (6) The standard printed exception as to discrepancies, conflicts, shortages in area or boundary lines, encroachments or protrusions, or overlapping improvements. (7) The standard printed exception as to marital rights. (8) The standard printed exception as to waters, tidelands, beaches, streams, and related matters. Within 20 days after the Title Company receives a copy of this contract, Seller shall furnish to Buyer a commitment for Title Insurance (the Commitment)and,at Buyer's expense, legible copies of restrictive covenants and documents evidencing exceptions in the Commitment other than the standard printed exceptions. Seller authorizes the Title Company to mail or hand deliver the Commitment and related documents to Buyer at Buyer's address shown below. If the Commitment is not delivered to Buyer within the specified time, the time for delivery shall be automatically extended up to 15 days. Buyer shall have 5 days after the receipt of•the Commitment to object in writing to matters disclosed in the Commitment. Buyer may object to existing building and zoning ordinances and items 6(A)(1) through (8) above if Buyer determines that any such ordinance or items prohibits the following use or activity: B. ABSTRACT OF TITLE: Within 30 days after the Abstract Company receives a copy of this contract, Seller shall furnish to Buyer at Seller's expense an Abstract of Title certified by abstract company (a) from the sovereignty to the effective date of this contract (Complete Abstract) and (b) supplemented to the Closing Date (Supplemental Abstract). The Complete Abstract and Supplemental Abstract shall he examined at Buyer's expense by an attorney selected by Buyer. Buyer shall have 30 days after the receipt of the Complete Abstract required by this contract to object in writing to matters disclosed in the Complete Abstract. C. SURVEY REQUIRED: (Check one box only) (1) Within days after Buyer's receipt of a survey plat furnished to a third-party lender at the expense Initialed for identification by Buyer r5t.), and Seller €-X:) TREC NO. 9-2 N° 101 .-'17j Unimproved Property Earnest Money Contract Concerning 74` Page Three 10-25-93 (Address of Property) of El Buyer El Seller, Buyer may object in writing to any matter shown on the plat which constitutes a defect or encumbrance to title. ID (2) Within days after the effective date of this contract, Buyer may object in writing to any matter which constitutes a defect or encumbrance to title shown on a survey plat obtained by Buyer at the expense of ❑ Buyer 0 Seller. The survey shall be made by a Registered Professional Land Surveyor acceptable to the title company and any lender. The plat shall: (a) identify the Property by metes and bounds or platted lot description; (b) show that the survey was made and staked on the ground with corners permanently marked; (c) set forth the dimensions and total area of the property; (d) show the location of all improvements, highways, streets, roads, railroads, rivers, creeks or other waterways, fences, easements and rights of way on the Property with all easements and rights of way referenced to their recording information; (e) show any discrepancies or conflicts in boundaries, any visible encroachments, and any portion of the Property lying within the 100 year floodplain as shown on the current Federal Emergency Management Agency map; and (f) contain the surveyor's certificate that the survey as shown by the plat is true and correct. Ei (3) Within days after the effective date of this contract, Buyer may object in writing to any matter which constitutes a defect or encumbrance to title shown on Seller's existing survey plat of the Property dated , 19 . The plat 0 shall 0 shall not be recertified to a date subsequent to the effective date of this contract at the expense,of 0 Buyer 0 Seller. Utility easements created by the dedication deed and plat of the subdivision in which the Property is located shall not be a basis for objection. Buyer's failure to object under 6A, 6B or 6C within the time allowed shall constitute a waiver of Buyer's right to object; except that the requirements in Schedule C of the Commitment shall not be deemed to have been waived. If objections are made by Buyer, or any third party lender, Seller shall cure the objections within 20 days after the date Seller receives them and the Closing Date shall be extended as necessary. If objections are not cured by the extended Closing Date, this contract shall terminate and the Earnest Money shall be refunded to Buyer unless Buyer elects to waive the objections. NOTICE TO SELLER AND BUYER: (1) Broker advises Buyer to have an Abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a Title Policy. If a Title Policy is furnished, the Commitment should be promptly reviewed by an attorney of Buyer's choice due to the time limitations on Buyer's right to object. (2) If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage, or flood control facilities and services, Chapter 50 of the Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract. (3) Buyer is advised that the presence of wetlands, toxic substances including lead-base paint or asbestos and wastes or other environmental hazards or the presence of a threatened or endangered species or its habitat may affect Buyer's intended use of the Property. If Buyer is concerned about these matters, an addendum either promulgated by TREC or required by the parties should be used. (4) If the Property adjoins and shares a common boundary with the tidally influenced submerged lands of the state, Section 33.135, Texas Natural Resources Code, requires a notice regarding coastal area property to be included in the contract. An addendum'either promulgated by TREC or required by the parties should be used. 7. PROPERTY CONDITION: Buyer accepts the Property in its present condition, subject only to .1- r 6 „Z - `Tr, 8. BROKERS' REPERESENTAT N AND FEES: GAeLni,;r=1f S,gj/1f , .Ieic 1/4-./Rr( Ft-1nG7'/?f (Listing Broker) represents eller only 0 Seller and Buyer. Any other broker represents: ❑ Seller as Listing Broker's subagenr, or ❑ Buyer only as Buyer's agent. Seller e all pay Listing Broker: (check A or B) The fee specified by separate agreement between Listing Broker and Seller; OR ❑ B. If there is no separate at regiment, a total cash fee of either S or % of the total Sales Price in County, Texas on closing of this sale. or on termination of this contract except as permitted by its terms. or if the closing is prevented by Seller's default. Upon Buyer's default, Escrow Agent is authorized to pay ListingBroker one-half of any Earnest Money which Seller receives under Paragraph 15, not to exceed the amount of the cash fee. 9. CLOSING: The closing of the sale shall be on or before /— , 19 9, or within 7 days after objections to title and survey have been cured, m.hichever date is later (the Closing Date); however, iffinancing or assumption approval has Initialed for identification by Buyer %l-✓ /-)1 and Seller E.< TREC NO. 9-- N° 101 • Unimprovcil,Pr perty Earnest Money Contract Concerning /7 .[c/'7.� JJ Pngc Four 10-25-93 ��/1 (Address of Property) w been obtained pursuant to Paragraph 4, the Closing Date shall he extended up to 15 days only if necessary to comply with lender's closing requirements (for example, survey, closing documents). If either party fails to close this sale by the Closing Date, the non- defaulting party shall be entitled to exercise the remedies contained in Paragraph 14. At closing Seller shall furnish tax statements or certificates showing no delinquent taxes and a General Warranty Deed conveying good and indefeasible title showing no additional exceptions to those permitted in Paragraph 6. 10. POSSESSION: The possession of the Property shall be delivered to Buyer at closing. 11. SPECIAL PROVISIONS: [Insert only factual statements and business details applicable to this sale. A licensee shall not add to a promulgated earnest money contract form factual statements or business details for which a contract addendum, lease or other form as been promulgated by TREC for mandatory use. 22 TAC §537.11 (d).]N�/ye-Z-5 `e ve.s� ‘a I tys Ta �cfwi ✓z— 5,0 A Ai s 74}-/ a/1.7L/ic� id" layc.cs e.90 eiiiSe-. ,_.� /�� /.s /G u15 c-L 4.0-# r 'n SI4.17GG e-1 7e.;,11-5. � �f1'Nt� /U Y 1 12. SALES EXPENSES: The following expe ses shall be paid at or prior to closing: A. Appraisal fees shall be paid by r../ssie_...e._, B. The total of the loan discount and buydo6in fees shall not exceed % of the loan of which Seller shall pay the first % of the loan and Buyer shall pay the remainder. C. Seller's Expenses: Releases of existing liens, including prepayment penalties and recording fees; relense. of Seller's loan lia- bility; tax statements or certificates; preparation of deed; one-half of escrow fee; and other expenses stipulated to be paid by Seller under other provisions of this contract. D. Buyer's Expenses: Application,origination,processing and commitment fees; loan assumption costs;preparation and recording of deed of trust to secure assumption; expenses incident to new loan(s) (for example, preparation of any note, deed of trust and other loan documents, recording fees, tax service and research fees, warehouse or underwriting fees, copies of restrictions and easements, amortization schedule, premiums for mortgagee title policies and endorsements required by lender; credit reports, photos); any required reserve deposits for ad valorem taxes and special governmental assessments; interest on all monthly installment payment notes from date of disbursements to one month prior to dates of first monthly payments; one-half of escrow fee and expenses stipulated to be paid by Buyer under other provisions of this contract. E. If any sales expense exceeds the amount stated in this contract to be paid by either party, either party may terminate this contract unless either party agrees to pay such excess. . • 13. PRORATIONS AND ROLLBACK TAXES: A. PRORATIONS: Interest on any assumed loan, current taxes, any rents, maintenance fees and assessments shall be prorated through the Closing Date. If the amount of ad valorem taxes for the year in which the sale is closed is not available on the Closing Date, proration of taxes shall be made on the basis of taxes assessed in the previous year. B. ROLLBACK TAXES: If this sale or Buyer's use of the Property after closing results in the assessment of additional taxes for periods prior to closing, the additional taxes shall be the obligation of Buyer. If Seller's change in use of the Property prior to closing or denial of a special use valuation on the Property claimed by Seller results in the assessment of additional taxes for periods prior to closing, the additional taxes shall be the obligation of Seller. Obligations imposed by this paragraph shall survive closing. 14. DEFAULT: If Buyer fails to comply with this contract, Buyer shall be in default. Seller may either (a) enforce specific performance, seek such other relief as may be provided by law, or both, or(h) terminate this contract and receive the Earnest Money as liquidated damages, thereby releasing both parties from this contract. If Seller is unable without fault to deliver the Commitment or the Complete Abstract within the time allowed, Buyer may either terminate this contract and receive the Earnest Initialed for identification by Buyer 1 R. �` and Seller f TREC NO. 9-2 :/ N° 101 � .Uninryn., Jed Property Earnest h � Money Contract Concerning Page Five 10-25-93 (Address or Property) , Money as the sole remedy or extend the time for performance up to 15 days and the Closing Date shall he extended as necessary. If Seller fails to comply with this contract for any other reason, Seller shall he in default and Buyer may either(a) enforce specific performance, seek such other relief as may he provided by law, or both, or (h) terminate this contract and receive the Earnest Money, thereby releasing both parties from this contract. 15. ATTORNEY'S FEES: If Buyer, Seller, Listing Broker, Other Broker or Escrow Agent is a prevailing party in any legal proceeding brought under or with relation to this contract, such party shall he entitled to recover from the non-prevailing parties all costs of such proceeding and reasonable attorneys' fees. 16. ESCROW: The Earnest Money is deposited with Escrow Agent with the understanding that Escrow Agent is not (a) a party to this contract and does not have any liability for the performance or non-performance of any party to this contract, (b) liable for interest on the Earnest Money or(c) liable for any loss of Earnest Money caused by the failure of any financial institution in which the Earnest Money has been deposited unless the financial institution is acting as Escrow Agent. If either party makes demand for the payment of the Earnest Money, Escrow Agent has the right to require from all parties and brokers.a written release of liability of Escrow Agent for disbursement of the Earnest Money. Any refund or disbursement of Earnest Money under this contract shall be reduced by the amount of unpaid expenses incurred on behalf of the party receiving the Earnest Money, and Escrow Agent shall pay the same to the creditors entitled thereto. At closing, the Earnest Money shall be applied first to any cash down payment, then to Buyer's closing costs and any excess refunded to Buyer. Demands and notices required by this paragraph shall be in writing and delivered by hand delivery or by certified mail, return receipt requested. 17. REPRESENTATIONS: Seller represents that as of the Closing Date(a) there will be no liens,assessments, Uniform Commercial Code or other security interests against any of the Property which will not be satisfied out of the Sales Price unless securing payment of any loans assumed by Buyer and (b) assumed loans will be without default. If any representation in this contract is untrue on the Closing Date, this contract may be terminated by Buyer and the Earnest Money shall be refunded to Buyer. All representations contained in this contract and an agreement for mediation shall survive closing. 18. NOTICES: All notices shall be in writing and effective when mailed to or hand-delivered at the addresses shown below. 19. FEDERAL TAX REQUIREMENT: If Seller is a "foreign person", as defined by applicable law, or if Seller fails to deliver an affidavit that Seller is not a "foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with applicable tax law and deliver the same to the Internal Revenue Service, together with appropriate tax forms. IRS regulations require filing written reports if cash in excess of specified amounts is received in the transaction. 20. USE AND UTILITIES: The intended use of the Property by Buyer is El single family dwelling El multiple family dwelling of units mobile home. Utilities required at the Property for such use are -water sanitary sewer cas El electricity Ertelephone alnd 0 If Buyer ascertains that applicable zoning ordinances, easements, restrictions or governmental laws, rules or regulations prevent such intended use or that such required utilities are not available, or that the Property is located within the 100 ye r flood plain as shown on the current Federal Emergency Management Agency map, and Buyer so notifies Seller within ,/1 days after the effective date of this contract, the same shall terminate and the Earnest Money shall be refunded to Buyer. uyer's failure to give the notice within the required time shall constitute Buyer's acceptance of the Property. 21. DISPUTE RESOLUTION: It is the policy of the State of Texas to encourage the peaceable resolution of disputes through alternative dispute resolution procedures. The parties are encouraged to use an addendum approved by TREC to submit to mediation disputes which cannot be resolved in good faith through informal discussion. 22. AGREEMENT OF PARTIES: This contract contains the entire agreement of the zazies and can of be changed except by their written agreement. Addenda which are a part of this contract are (list): 7—,QC — ". 77k- 0lL��, 4i 23. CONSULT YOUR ATTORNEY: Brokers cannot give legal advice. This is intended to he a legally binding contract. READ IT CAREFULLY. If you do not understand the effect of this contract, consult your attorney BEFORE signing. ,,pp Initialed for identification by Buyer /I ✓ ,- and Seller k "l TREC NO. 9-2 N° 1 01 Unimproved Property Earnest Money Contract Concerning Q Page Six 10-25-93 ."'(-0. - (Address or Property) Buyer's Seller's Attorney: Attorney: EXECUTED in multiple originals the p �, / P b O Yr1 day of Q ( , 19 b (THE EFFECTIVE DATE). (BROKER: FILL IN THE DATE OF FINAL ACCEPTANCE AND THE PARTIES' ADDRESSES.) 7?- ///? /tit--84- Ea/47, 7'f../40/4,--' . Bu r Seller /,Lifr,�J �� er Seller 18- C,40, CY yX,7 y9- 44<-2. SI <-0 Buyer's Address Phone No. Seller's Address Phone No. The form of this contract has been approved by the Texas Real Estate Commission. Such approval relates to this contract form only. No representation is made as to the legal validity or adequacy of any provision in any specific transaction. It is not suitable for complex transactions. Extensive riders or additions are not to be • used. (10-93) TREC NO. 9-2. This form replaces TREC NO. 9-1. AGREEMENT BETWEEN BROKERS Listing Broker agrees to pay "c../99,4i /Air14j (e/7 7L,X,9— Other Broker, a fee of 'e 6>t, of t e total sales price when the Listing Broker's fee is received. Escrow Agent is authorized andf ected to pa 0th,er Brokyr f om Listing Broker's fee at closin . �� rrl/o/'f/S e- f,s� er/6/3- ,i6-G S _ 3 I Other Broker License No. Listing Br er icense o. • By: .:_A, ` O.P ;_ i By: : -r am-�7-�.U� _ - 5i� . r i �,1 t co w F rat s44e 171- z-7S75- Other Broker's Address Phone No. Listing Broker's Address Phone No. RECEIPT Receipt of E Contract and 0$ Earnest Money in the form of is acknowledged. Escrow Agent: By: Date: , 19 . Address City State ` Zip TREC NO. 9 _ - - • • 04-13-92 AGREEMENT FOR MEDIATION APPROVED BY THE TEXAS REAL ESTATE COMMISSION(TREC) ADDENDUM TO EARNEST MONEY CONTRACT CONCERNING NCERNING THE PROPERTY AT y , (Street Address and City) The parties to the contract and any broker who signs this addendum agree to negotiate in good faith in an effort to resolve any dispute related to the contract that may arise between the parties or between a party and a broker. If the dispute cannot be resolved by negotiation,the dispute shall be submitted to mediation before resort to litigation. (V"'--If the need for mediation arises, a mutually acceptable mediator shall be chosen by the parties to the dispute who ehall share the cost of mediation services equally. 0 If the need for mediation arises,mediation services shalt be provided by and the cost of mediation services shall be shared equally by the parties to the dispute. NOTE:Mediation is a voluntary dispute resolution process in which the parties to the dispute meet with an impartial person, called a mediator, who would help to resolve the dispute informally and confidentially.Mediators facilitate the resolution of disputes but cannot impose binding decisions.The parties to the dispute must agree before any settlement is binding. Date: /1///‘, ;t/ Y l�, /�' �d � leer r"`. Buyer eller Seller P.,/nykyifiarfxCe-4-714./9-f Oth r Broker Listing Brok r By: �-�� / (.,,..e By. rj,.4'S This form has been approved by the Texas Real Estate Commission for use with similarly approved or promulgated contract forms.Such approval relates to this form only.No representation is made as to the legal validity or adequacy of any provision in any specific transactions.It is not suitable for complex transactions. 001A 1SG-McAllister Publishing(800)336-1027 Prepared at Ebby Halliday Realtors,31001ndependence Pity,Plano TX • WYLIE MACHINE, INC. 8031 210 INDUSTRIAL CT. 442-4347 P.O.BOX 608 WYLIE,TX 75098 32.1278/1110 1 //—D 19 j; 1 3 ORTHE l /2 4/4AJ e 4/f/r L ifrit L i�-r/C� I �D ,• /Deed ` TO ORDER OF 3 DOLLARSEI-.,_ti. I I Provident Hank Member Provident Bancorp of Texas.Inc. 201 N.Ballard 214/442.3570 • (2Wylie.Texas 15098 — • FOR - -- -- — — — u'0080 3 ins r. L L LO L 2 78 31:60000 2jb 200 - i, • PUBLIC HEARING NOTICE The Planning and Zoning Commission of the City of Wylie, Texas will hold a Public Hearing on Monday, January 6, 1997, at 6:30 p.m. in the City Council Chambers in the Wylie Municipal Complex located at 2000 Highway 78 North. If action is taken, the City Council will hold a meeting on Tuesday, January 28, 1997, at 7:00 p.m. at the same location mentined above to consider approval of a zone change from "A" Agriculture to "I" Industrial District for Roy Neely for property located on the south side of Highway 78 North, east of Highway 78 North and Eubanks and more particularly described as follows: Lots 6, 7 and 8, of Wylie Ranch East Commercial Park As an interested property owner, you are encouraged to attend this meeting or notify the Commission of your feelings regarding this matter in writing by returning the form below. RE: PZ/CC - Neely Return this form to : Kelley Shaw, Planner 2000 Hwy. 78 N, Wylie, Texas 75098 ❑ I am in favor of the request for the reasons listed below ❑ I am opposed to the request for the reasons listed below 1. 2. 3. Signature Printed Name Address !2 0 NOTIFICATION REPORT e��APPLICANT: � 3/5 l Gi e.�. APPLICATION ALE# ame&Address may(►e, 7s-aCt� ATTORNEY,AGENT: Name&Address BLK/ABST LOT/TRACT SUBDIVISION PROPERTY OWNER NAME ADDRESS & /..e 4.4 fist _ // / erc mmeiAl Park -1 J-nocs e,n� S 3s.�r l(�ri e Ce/'ce�C /O-G d.ltis, l x 75;4/,/ 1�1nv1C�1�45�� /- . 3 i2 I Tokn kJ. �}-njer.son (33OC�,(I:tc+,Po Box g3115q K�� scm !( 7SoXv y '� ROA 11 6(A.fvri 3,46 Cq((;e Cf G(1 /� 7 c) SieU, J l nty,me y ( oo ?e. ). S60 ( (� r) rdz) . Sc 4,5e l x 75Oqg (o(o A ituvld Corp. s655 eehAdiciree ►QkwX IVocc/vs5 GA. 300`Zd.` (,l �o hIk 3,+r /4 Am qr. � tecItLi' n�1 y , �- ty �� Co ( ��.3 vj 4. U,^. .��l(*,e ,`��C J��d (Q ?V kkk_31 tr. 35 iSvb y C. r3 0- e, , 5ci4 y CO".4 754.H • ERT FREEMAN 1' tOPEKA _D8 _ • . TE KANA LIMITED INC St . ID ATCHI`'(YN . O 92.84 ____--<„, �0"111r1o1 x • a_ _.. i+•" CITY . HALL .3C U SITE CD U • CA C CL En IENCY qL MONT- qC I STATE HWY 78 -- T — PARKER PARKER RAY MILLER ANCHIE RAY ARTHUR ARCHIE EL EC EL EC CO WALTER MILLER NNAPP EUBANKS IU AC PAIR lO4 AC EUBANKS 1 J AC 10 AC. 1 U AC III AC. 10 AC 10 AC WYLII RANCH EAST 1 �MMERCn�. FWRK4 5 6 7 8 'PAY MIIICR ' 104 AC TER PAIR X X X 1 AC ARCHIE EUBANKS ---SITE--- 13.925 AC - OAVID H PARENT TRUSTEE ARCHIE EUBANKS F I 13.925 AC /2.. 3r s I •19 18 17 )6 ®i©i�w- 2 103.831 AC 25 aevons ire `Lane id3 t 2 3 4 5 NOL AN EUBANKS 20 131211 10 9 8 76 5 4 3 2 Il 6 NOLAND EUBANKS 14 G4 AC .464 AC 27 VII'L.- - Cailie court 28 >141 161 18 19y2I -2 •2526 WYLIE RANCH EAST 29 . , .r .©©11 opc 30 ©D 10 9. 8 7 6 • 3 � 31 181716151413121110987� OM qSC EACR INf. IIA A 14gc131 3- cniEt °-'•1021111SG4125262712E2913031 3- _ 1q4• ,�, v Sheppard II Lane 1 10 115 ;/ z 32 II 12 13 14 15 3 4 1• m 1098765432 I v�1817161514131211 10 9 8 7 6 5 4 . m-- Y UAVID H 1 • ,AJ 72 6 ��re wa • 2 N`I 12131415 16 1718 19 2d 19®212223 a-2.6v23293031'S2'33 Donna Drive 32 _ a .4141 3 b. —fj kno1 II rve 2 1 3 99 : 2 • 2212l1E18171615141312111098765432I o76544-=___------rsal 20 19 18 17 16 , �• 6, irt - !,i 24 TEMBAR CORP T ` �'34 so pc 7B "c = minionit. 21 22 23 24 25 F 4:13 uppa i .� ..i�;� „• 2p a 8 GLGLEEECfi916LEE t OLD WWI'. T'!• E. . Brown Street • ��I re) s i4 2 ` ,•, „/'' II . // • , , , . ., . I r-- :I / , . i t i mi to 8�' •• --- '� /, -- • • 1 - 2 A % ' - 88 — — — " a • ' �.�;;\ 86 City l imita 7 - 39 sc io , . ij° 5 � - 3 -3 : .- ,- . .. „ . : . 1," 0 _ 1 6 88 m a - 86 88 , ! CO q� V M tI a y ' / ii — - 1 - '''I A , � IV ss-ss L. 86-88 85 - 104 - % 1 5 ! �4or ' 8621 5316 8 � -48 . 6 „ ..� . �1 I I, SITE ' , 6 f ._,,,,, ',� 8 4 - 4 0iii 8 5—�71 .... i1� w1 ,R. — — — — — • A ..�„,,,...,„• 1 .1 i II A . . .......L II i1 86 - :21 /S F ,, ' '' 3 l..J ► n rm�71 r� ri ;, �/ 83 ' 4 _ _F.._ - // - - - - - - - - 1 , I I-�, Easl Brown /; --------- Bail - _ _ _ . 5F - 2 A-til. MF SF — A P D . , 86-62 . - 7 85 -71 8 —45.., ," 86 -84A1 A A Oho • �.-,�.:,rr S , 1 I 1 I I II. .. 86 - 8_ : AEl! ; 1 1 i- 0 F * -it; ° ifse A �_ �,� Y µ�- -J Ili 1rI- , 83 -2kI-I ' I ;t 1 1 - L------ -------_ 1 (IITTni:ri 1 ,,,` ' — . Planning & Zoning Commission #1 Discussion Item Re: Woodbridge Concept Plan January 6, 1997 Presentation of the Concept Plan for the Woodbridge Master Planned Development District. Included herein are the Development Standards to be approved as the development guidelines for this Planned Development. EXHIBIT "C" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT STANDARDS CITY OF WYLIE, TEXAS 1.0 PLANNED DEVELOPMENT DISTRICT 1.01 Purpose: The purpose of this Planned Development District is intended to provide for the mixing and combining of uses allowed in various districts with appropriate land use regulations and development standards. Each permitted use is planned, developed or operated as an integral land use unit while providing flexibility in the use and design of land and buildings where modification of specific provisions of this ordinance is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the neighborhood. While flexibility is given to provide special restrictions which allow for new and innovative concepts in land utilization and development not otherwise permitted, procedures are established to insure against misuse of the increased flexibility. 1 Revised:01/03/97 2.0 PLANNED DEVELOPMENT- SINGLE FAMILY RESIDENTIAL Tract A-1 2.01 General Description: The residential tracts are intended to accommodate a variety of single family residential uses. The residential units will be comprised of R-9.0 Single Family, R-8.4 Single Family, R-7.2 Single Family, R-5.5 Single Family and Patio Home. Development standards for each of the aforementioned housing types are outlined within this text. 2.02 Permitted Uses: Land uses permitted within residential areas, indicated as Tract A-1 on Exhibit "A", are as follows: a. Residential units as described herein. b. Permitted uses referenced in Section 11.1 of Ordinance No. 85-23A of the City of Wylie Zoning Ordinance as it currently exists. c. Private or public recreation facilities. d. Churches/rectories, but not including mission tents or revival tents. e. Schools - public or state accredited, and having no rooms regularly used for housing or overnight lodging. f. Day care centers. g. Utility distribution lines and facilities. h. Parks, linear greenbelt areas, trails and walkways, playgrounds and neighborhood recreation facilities, golf course, maintenance facility and 2 Revised:01/03/97 yard, and associated office uses, including, but not limited to, swimming pools, clubhouse facilities, tennis courts, and practice range. i. Fire stations and public safety facilities. j. Real estate sales offices and model homes during the development and marketing of the residential areas. k. Public and private streets, alleys and utility easements. Private streets shall be permitted only if approved by the City Council at the time of platting. 1. Electronic security facilities including gatehouse and control counter. m. Directional signs pertaining to the development. n. Accessory buildings which are not a part of a main building are to be constructed in accordance with Section 26 of ordinance No. 85-23A of the City of Wylie Zoning Ordinance as it currently exists. o. Temporary buildings, advertising signs, and uses incidental to construction work on the premises, which shall be removed upon completion. p. Uses similar to the above mentioned permitted uses, provided, however, that the City Council shall approve said use prior to the,issuance of a building permit. q. Home occupations which are secondary to the primary residential use and which involve the manufacture, assembly, sale or service of goods, or which involve the providing of a service, subject to the following conditions: 3 Revised:01/03/97 1. The home occupation is conducted entirely within a dwelling unit which is the bona fide residence of the practitioner(s) (not to include a driveway, yard or outside area). 2. Participation in the home occupation shall be limited to family members residing in the home. 3. The lot and dwelling maintain their residential character. Neither the interior nor the exterior of the dwelling shall be structurally altered so as to require compliance with nonresidential construction codes to accommodate the home occupation. No additional buildings shall be added on the property to accommodate the home occupation. 4. The home occupation does not generate customer-related vehicular traffic in excess of two (2)vehicles at any one time and a total of five (5)vehicles per twenty-four(24) hours a day in the residential neighborhood. _ 5. No direct selling of merchandise occurs on the premises. 6. No equipment or materials associated with the home occupation are displayed or stored where visible from anywhere off the premises. 7. The occupation produces no external noise, vibrations, smoke, dust, odor, heat, glare, fumes, electrical interference or waste 4 Revised:01/03/97 run-off outside the dwelling unit or on the property surrounding the dwelling unit. 8. No vehicle used in connection with the home occupation which exceeds one (1)ton capacity is parked on the premises or on any street adjacent to the residentially zoned property. 9. The home occupation does not advertise with signage on the premises, nor shall the street address of the home occupation be advertised through signs, billboards, television, radio, newspapers or telephone directories. Provided, however, that nothing herein shall be construed to allow the following businesses or occupations in residential neighborhoods as home occupations: animal hospitals, animal breeding, clinics, hospitals, contractor's yards, dancing schools,junkyards, restaurants, rental outlets, vehicle repair shops or massage parlors. r. Concrete batch plant, temporary during construction when permitted by code enforcement. 2.03 Density: The overall maximum allowed residential units for Tract A-1 shall not exceed 980 units. - - 2.04 Garage, Parking and Driveway Requirements: Garage, parking and driveway requirements for single family development areas shall be as follows: 5 Revised:01/03/97 a. Two (2) off-street parking spaces shall be provided on the same lot as the main structure. In conjunction with this requirement, a two (2) car enclosed garage shall be provided for each unit. Garage parking shall be behind the front building line. The entrance to any attached or detached garage shall be allowed to face any street subject to paragraph 2.04(c) below. b. No parking space, garage or other automobile storage space or structure shall be used for storage of any commercial vehicle with the exception that a recreation vehicle, travel trailer, boat or similar equipment may be stored off-street and behind the front building line by the owner or occupant of the residential premises in accordance with the screening portion of this ordinance. c. No driveway entrances shall be allowed to be constructed on the side or rear lot line adjacent to any or Secondary Thoroughfare (Designation F per subdivision regulations). d. Parking lots required to serve the uses permitted in this district shall have concrete surface pavement required for all applications. 2.05 Building Materials: The building materials requirements shall be as follows: a. A minimum of seventy-five (75) percent of the total exterior wall surfaces of all main buildings shall have an exterior finish of stone, brick, or other masonry veneer as otherwise approved by the Building Official. If there is 6 Revised:01/03/97 a window or door, including garage doors, that is on a wall with masonry on both sides, then it can count as part of the masonry requirement. If there is wood siding around the window, door or garage door, it counts as wood siding. Regarding gables, if in front of an attic space, the gable is exempt from masonry requirement. If the gable is in front of a living space, it is considered into the calculation of masonry. b. Detached, free-standing garages, whether attached to the main building by a covered walkway or not, must be clad in one of the materials of the main structure. c. If a detached garage is constructed on a corner lot or has sides adjacent to any street or thoroughfare that is not screened by a masonry screening wall, then seventy-five (75) percent of the garage structure must be of same masonry material as the residence. 2.06 R-9.0 Single Family: R-9.0 Single Family units are single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand eight hundred (1,800) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be nine thousand (9,000) square feet. 7 Revised:01/03/97 c. Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be seventy (70) feet at the front building line, except that lots at the terminus of a cul-de-sac or along • street elbows/eyebrows may have a minimum width of sixty(60) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten (110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty(20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be seven (7) feet. A side yard adjacent to a street shall be a minimum of fifteen (15) feet. 8 Revised:01/03/97 h. Rear Yard: The minimum depth of the rear yard shall be twenty(20) feet, if the rear yard is adjacent to another residential lot, and ten (10)feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(2'h) stories, or thirty five(35) feet. 2.07 R-8.4 Single Family: R-8.4 Single Family units are another form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand six hundred (1,600) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be eight thousand four hundred (8,400) square feet. c. Lot Coverage: In no case shall more than forty-five (45) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. 9 Revised:01/03/97 d. Lot Width: The minimum width of any lot shall be seventy(70) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of sixty (60) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred ten(110) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty(20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be seven (7) feet. A side yard adjacent to a street shall be a minimum of fifteen(15) feet. h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet, if the rear yard is adjacent to another residential lot, and ten (10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. 10 Revised:01/03/97 i. Maximum Building Height: ,Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35)feet. 2.08 R-7.2 Single Family: R-7.2 Single Family units are another form of single family, detached housing units, having access and frontage on a public or private road. Building and area requirements are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand four hundred (1,400) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be seven thousand two hundred (7,200) square feet. c. Lot Coverage: In no case shall more than forty five(45)percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be sixty (60) feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of fifty(50) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street 11 Revised:01/03/97 _�T elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of ninety(90) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty(20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen (15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street shall be a minimum of fifteen(15) feet. h. Rear Yard: The minimum depth of the rear yard shall be twenty (20) feet if the rear yard is adjacent to another residential lot, and ten(10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. 2.09 R-5.5 Single Family: R-5.5 Single Family units may be either single family detached units or patio homes (zero-lot-line homes in which the unit is sided on, or adjacent to, one of the side lot lines) consisting of moderately sized housing units and lots. These residential units will have access and frontage on a public or 12 Revised:01/03/97 private road. Building and area requirements for single family detached units are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand two hundred (1,200) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be five thousand five hundred (5,500) square feet. c. Lot Coverage: In no case shall more than fifty(50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be fifty (50)feet at the front building line, except that lots at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of forty-five(45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points 13 Revised:01/03/97 on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty(20) feet, except for side entry garages which shall have a minimum depth of the front yard of fifteen(15) feet. g. Side Yard: The minimum side yard on each side of the lot shall be five (5) feet. A side yard adjacent to a street_shall be a minimum of fifteen(15) feet. h. Rear Yard: The minimum depth of the rear yard shall be fifteen(15) feet if the rear yard is adjacent to another residential lot, and ten (10) feet if adjacent to open space, parks or golf course. If the rear lot line abuts a dedicated alley, the garage door must be set back a minimum of twenty (20) feet. i. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. Building and area requirements for patio homes are as follows: a. Minimum Dwelling Size: The minimum area of the main building shall be one thousand two hundred (1,200) square feet, exclusive of garages, breezeways and porticos. b. Lot Area: The minimum area of any lot shall be five thousand five hundred (5,500) square feet. 14 Revised:01/03/97 c. Lot Coverage: In no case shall more than fifty(50) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. d. Lot Width: The minimum width of any lot shall be fifty(50) feet at the front building line, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum width of forty five(45) feet at the building line; provided all other requirements of this section are fulfilled. e. Lot Depth: The minimum depth of any lot shall be one hundred (100) feet, except that a lot at the terminus of a cul-de-sac or along street elbows/eyebrows may have a minimum lot depth, measured at mid-points on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. f. Front Yard: The minimum depth of the front yard shall be twenty(20) feet except, for side entry garages which shall have a minimum front yard depth of ten (10) feet. g. Side Yard: Side yard setbacks shall be zero (0) feet to three (3) feet on one side (the zero side), and seven(7) feet to ten(10) feet on the opposite 15 Revised:01/03/97 side. A minimum separation of ten (10) feet is required between structures. A side yard adjacent to a street shall be a minimum of fifteen(15) feet. h. Rear Yard: The minimum depth of the rear yard shall be ten (10) feet. If the rear lot line abuts a dedicated alley, the garage door, if provided, must be set back a minimum of twenty (20)feet. Maintenance Easement: 1. A maintenance easement of not less than four (4) feet or more than seven(7) feet in width extending along the entire side lot line shall be established on each lot and shown on the final plat. 2. The maintenance easement shall be maintained as an open space. However, the Building Official may approve fences and horizontal construction at grade level, such as a deck not exceeding twelve (12) inches above grade, or paved surfaces in the maintenance easement upon a finding that it does not impede the use of the easement for the maintenance and drainage of the adjoining structure. j. Maximum Building Height: Buildings shall be a maximum of two and one-half(21/2) stories, or thirty five (35) feet. 2.10 General Requirements: a. Due to existing topographic and physical site features, curvilinear streets will be constructed within portions of the residential tracts. This does not 16 Revised:01/03/97 mandate that all residential streets within any particular phase will be curvilinear or that all residential tracts or plats within any particular phase will incorporate the use of curvilinear streets. b. Provisions allowing for outside storage within the tract(s) covered by this ordinance are as follows: 1. Prohibition: A person commits an offense if he or she keeps, maintains or stores, outside of a building, on any property zoned for single family use, any personal property which is visible from a public street or alley, or is visible from private property which is under separate ownership, including but not limited to household items, building materials, automotive parts, equipment, etc., without proper screening and located in allowed outside storage areas only. It shall not be a defense to prosecution that such items were covered with a tarp or similar covering. 2. Exception: It is not an offense to keep, store or maintain personal property customarily found outside of a building on property zoned for single family use such as lawn furniture, dog houses, landscape containers, etc. 3. Parties Responsible: The owner (or owners) and persons in control of such residentially zoned property are responsible for violations of this subsection. 17 Revised:01/03/97 3.0 PLANNED DEVELOPMENT- GENERAL CONDITIONS 3.01 Conformance to the Wylie Zoning Ordinance: Except as amended herein, this Planned Development shall conform to any and all applicable articles and sections of the City of Wylie Zoning Ordinance, Ordinance No. 85-23A, as it presently exists. 3.02 Procedures of the Planned Development District: a. Zoning Exhibit: A zoning exhibit is hereby attached and made a part of the approval for this Planned Development District. This zoning exhibit, indicated as Exhibit "A" sets forth an overall property boundary description, and the designation of a zoning tract, identified by number which corresponds to the tract in Exhibit "C". b. Conceptual Plan: 1. The Conceptual Plan is hereby attached and made a part of the approval for this Planned Development District as Exhibit "D". 2. The Conceptual Plan shall show topography, land uses including parks and open space, streets, lotting for single family residential, thoroughfares and other features which graphically explain the standards and conditions set forth in Exhibit "C". 3. Changes of detail which do not alter the uses permitted, density or development standards contained herein, may be authorized by the city manager or his or her designee. 18 Revised:01/03/97 c. Residential Development Plan/Preliminary Plat: 1. This plan or plat shall set forth the plans for development of the Planned Development District and shall conform to the data presented and approved on the Conceptual Plan. 2. Due to the location of the bridge crossing Muddy Creek into the City of Wylie, it may take several years for development to reach the bridge location and subsequent development east of Muddy Creek. Therefore, an initial Development Plan or Preliminary Plat for any section or part thereof east of Muddy Creek shall be submitted for approval within thirty six (36) months from the approval of the Conceptual Plan. 3. Approval of the Development Plan or Preliminary Plat shall be the basis for submission of a Final Plat, but does not release the applicant of the responsibility to submit plans to the building official for a building permit. 4. For any residential tract, a Preliminary Plat shall qualify as the Development Plan. 5. Due to the magnitude of this master planned community, the development of adequate infrastructure, construction of the golf course, as well as the fluctuations in economic conditions; adoption of the ordinance establishing this Planned Development District and - 19 Revised:01/03/97 approval of the Conceptual Plan attached hereto will remain in effect for twenty (20)years from their initial adoption and approval date or revision thereof. However, the adoption of the Planned Development District and approval of the Conceptual Plan shall automatically be extended for a period of three (3) years with the submittal and/or approval of a Development Plan, Preliminary Plat or Final Plat in any given three(3)year period beginning with the twentieth(20th) year from the initial adoption of the ordinance establishing the Planned Development District and approval date of the Conceptual Plan or revision thereof. d. Non-Residential Development Plan: A Development Plan submission, for non-residential areas, shall contain a scaled drawing of the specific parcel to be developed showing: 1. Approximate locations for any proposed public or private streets. 2. Approximate locations for any proposed alleys, loading or service corridors. 3. Approximate locations for any proposed buildings or structures. 4. Proposed building lines, setback lines and proposed roadway right-of-way lines. 5. Existing roadway or utility easements or right-of-way. 6. An accurate boundary description. 20 Revised:01/03/97 7. Existing topography with a contour interval of not less than two (2) feet. 8. Parking area layout with a table indicating the parking requirements, reductions and shared parking agreements. 9. Building coverage. 10. All adjacent land uses, including any future points of access to adjacent areas, and any shared uses with adjacent properties. 11. Floodplain and floodway boundaries (if applicable). 12. Proposed open space or amenity areas. 13. Proposed screening and buffering elements. 14. Proposed building heights of multi-story, non-residential structures. 15. Landscape plan. e. Final Plat: 1. A Development Plan or Preliminary Plat for each phase of development must be submitted to the City of Wylie and must be approved in accordance with applicable law prior to completion of the Final Plat. A Final Plat with construction plans, as required by the Wylie Subdivision Ordinance, Ordinance No.93-33, as it presently exists, must be submitted to the City of Wylie and must be approved in accordance with applicable law prior to issuance of a building permit within each respective phase. 21 Revised:01/03/97 2. All Final Plats must conform to the approved Development Plan or Preliminary Plat. 3.03 Development Schedule: This ordinance shall, if the applicant desires, or the Planning and Zoning Commission or City Council requires, be accompanied by a development schedule, indicating the approximate date on which construction is expected to begin and the approximate time frame to completion. The development schedule, if approved by the City Council, shall be generally adhered to by the owner, developer and their successors in interest;unless amended by approval of the City Council. 3.04 Annual Development Report: Annually, where a development schedule has been submitted, the building official with the assistance of the owner(s) and/or developer(s) shall report to the Planning and Zoning Commission the actual development accomplished in the various Planned Development areas as compared to the development schedule. 3.05 Failure To Meet Development Schedule: If the owners and/or developers are failing or have failed to meet the approved development schedule, a revised development schedule shall be submitted to the Planning and Zoning Commission for approval and recommendation to City Council for approval whereby, the City Council may extend the existing development schedule or adopt the new development schedule. The extension or approval of a new development schedule 22 Revised:01/03/97 does not invalidate the previously approved Planned Development Ordinance or Conceptual Plan. 3.06 General Compliance: Except as amended by these conditions, development of property within this Planned Development must comply with the requirements of all ordinances, rules and regulations of the City of Wylie as they presently exist. 3.07 Street Design Standards: All paved areas, permanent drives, streets, (dedicated or private) and drainage structures must be constructed in accordance with standard City of Wylie, specifications as they presently exist. However, the following criteria shall apply: a. The minimum centerline radius for a secondary thoroughfare(minimum sixty(60)foot right-of-way) shall be three hundred fifty(350)feet and a minor residential street (minimum 50 foot right-of-way) shall be one hundred fifty (150) feet. b. A cul-de-sac length shall not be longer than six hundred (600) feet. c. The pavement thickness.for residential streets shall be six (6) inches. 3.08 Permits and Certificates of Occupancy: The building official shall not issue a building permit or a certificate of occupancy for a use in a phase of this Planned Development District until there has been full compliance with these conditions, the construction codes and all other rules and regulations of the City of Wylie as they presently exist and are applicable to that phase. 23 Revised:01/03/97 3.09 Maintenance of Facilities: The owner(s)/developer(s) shall establish a homeowner's association, property owner's association, membership association or other entity that will be responsible for the maintenance of all entry ways, community parks, community trails and community pools as shown on the Conceptual Plan. It shall be the option, but not the obligation, of the association to maintain the parkways and medians of major and secondary thoroughfares. 3.10 Screening Walls: a. Unless otherwise approved by the City Council or their designee, screening walls shall be provided along the side or rear lot lines adjacent to major thoroughfares and secondary thoroughfares. The screening wall shall be constructed of stone, stucco, brick, concrete block, concrete, wrought iron or similar materials, or any combination thereof. The design and location of screening walls shall be submitted for approval with the Development Plan or Preliminary Plat. b. A screening fence shall be required for the storage of a recreation vehicle, travel trailer, boat or similar equipment. The screening fence shall be constructed of wood or masonry and shall be a minimum of six(6) foot in height and be in accordance with all applicable city ordinances. 3.11 Hiking and Jogging Trail Along Secondary Thoroughfares and Residential Streets: A six (6) foot wide concrete hiking and jogging trail may be constructed on one (1) side of the secondary thoroughfares and residential streets in lieu of 24 Revised:01/03/97 sidewalks on both sides of the designated streets. In order to provide for a meandering trail, the pavement for the secondary thoroughfares and residential streets shall be allowed to be offset a maximum of five (5) feet from the center of the right-of-way to provide for additional parkway on one (1) side of the designated streets for the construction of the meandering trail. The final location of any hiking and jogging trails shall be shown on the Development Plan or Preliminary Plat. 3.12 Park Land Dedication: The requirements for park land dedication and/or fees shall be fulfilled with the development of the community parks, trails and pools as shown on the approved Conceptual Plan. 3.13 Impact Fees: a. The sewer impact fee shall be waived for any or all lots in this development until such time as the developer has been reimbursed for fifty (50) percent of the costs of construction, or expansion thereof, of the lift station and the outfall line along Sachse Road from the lift station to the existing sanitary manhole at the intersection of Merritt Road and Sachse Road. b. The water impact fee and the sewer impact fee, when applicable, shall be paid by the homebuilder or contractor at the time of application for a building permit. However, the owner(s)/developer(s)will, prior to the acceptance of each phase of development for maintenance, provide the City of Wylie a letter of credit in the amount of the impact fees due for each 25 Revised:01/03/97 respective phase. If after four(4)years from the date of acceptance the impact fees have not been paid by the builders, the remaining unpaid balance for each respective phase will be drawn from the letter of credit. 26 Revised:01/03/97