Ordinance 2012-41ORDINANCE NO. 2012-41
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE
HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2012 -09, FROM
PLANNED DEVELOPMENT (PD- 2003 -18) DISTRICT TO PLANNED DEVELOPMENT
(PD) DISTRICT — TO ALLOW A TWENTY (20') FOOT FRONT AND REAR YARD
SET BACK FOR BLOCK E, LOTS 5 -44 AND LOTS 48 -53; AND TO REQUIRE A
FRONT YARD SETBACK OF FIFTEEN (15') FEET AND A REAR YARD SETBACK
OF TWENTY -FIVE (259) FEET FOR BLOCK E, LOTS 45 -47 AND 54 -59; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City
of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the
amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally and to owners of the affected property, the governing body of the
City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be
amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,
be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give
the hereinafter described property a new zoning classification of Planned Development (PD -TH),
said property being described in Exhibit "A" (Legal Description), Exhibit `B" (Zoning Exhibit),
and Exhibit "C" (PD Conditions), Exhibit "D" (PD 2003 -18 Conditions) attached hereto and
made a part hereof for all purposes.
SECTION 2: That all ordinances of the City in conflict with the provisions of this
ordinance be, and the same are hereby, repealed and all other ordinances of the City not in
conflict with the provisions of this ordinance shall remain in full force and effect.
SECTION 3: That the above described property shall be used only in the manner and for
the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended
herein by the granting of this zoning classification.
SECTION 4: Any person, firm or corporation violating any of the provisions of this
ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful
act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance,
as the same now exists or is hereafter amended.
Ordinance No. 2012 -41
ZC 2012 -09 Wylie Lakes 1 B
SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of
this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not
affect the validity of this ordinance as a whole or any part or provision thereof, other than the
part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the
Comprehensive Zoning Ordinance as a whole.
SECTION 6: This ordinance shall be in full force and effect from and after its adoption
by the City Council and publication of its caption as the law and the City Charter provide in such
cases.
SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this
Ordinance, shall not be construed as abandoning any action now pending under or by virtue of
such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any
penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or
provisions of any ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this 9th day of October, 2012.
ATTEST:
Ca ole Ehrlich, ity Secretary
DATE OF PUBLICATION: — ��—A / ,t, in
tj, IrEQAILW",
8 01 g
'Te OF TE�i
Ordinance No. 2012 -41
ZC 2012 -09 Wylie Lakes I B
Exhibit "A"
Legal Description
ZC #2003 -08
Being a 12 1. 11 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, in Collin
County, Texas, and being all of that certain called 94.16 acre tract described in a deed from Wiley
Enterprises, Inc., to Arapaho East, Inc., dated February 13, 2002 and recorded in Volume 05108, Page
01984 and that certain called 49.247 acre tract (Tract 1) described in a deed from the Boyd Living Trust to
Arapaho East, Inc., dated August 18, 1998 and recorded in Volume 4242, Page 1505, save and except those
certain called 16.48 and 5.50 acre tracts conveyed to Kansas City Southern Railway Company in October,
1998. All of the above referenced deeds being recorded in the Deed Records of Collin County, Texas, said
121.11 acres of land to be more particularly described as Tract 1 by metes and bounds- as follows:
BEGINNING at a fence corner post found for the southwest corner of the above referenced 94.16 acre tract
and the southeast corner of the North Texas Municipal Water District tract, as recorded in Volume 3713,
Page 417, of said Deed Records and being in the north boundary line of the above referenced Tract L,
THENCE, northerly with the west line of said 94.16 acre tract and the east line of said North Texas
Municipal Water District tract, the following two (2) courses and distances:
N 01'07'02" E, a distance of 629.04 feet to a 3 -1/2 inch aluminum disc engraved 4606 -1 found in a
United States Army Corps of Engineers (C.O.E.) monument, for a northeast corner of said North
Texas Municipal Water District tract, and a southeast corner of a United States of America tract;
2. N 01 °28'26" E, a distance of 609.68 feet, continuing with the west boundary line of said 94.16 acre
tract and the east boundary line of said USA tract to a 3 -1/2 inch aluminum disc engraved 4607 -1 -4
found in a C.O.E. monument;
THENCE, with the north line of said 94.16 acre tract and the south boundary line of the United States of
America tract, as described in Volume 714, Page 841, of said Deed Records the following fifteen (15)
courses and distances:
N 45012'09" E, 639.53 feet to a 3 -1/2 inch aluminum disc engraved 4607 -1 -3 found in a C.O.E.
monument;
2. N 88 °58'00" E, 856.19 feet to a 3 -1/2 inch aluminum disc engraved 4607 -1 -5 found in a C.O.E.
monument;
3. S 01 °03'37" E, 162.66 feet to a 3 -1/2 inch aluminum disc engraved 4607 -1 -2 found in a C.O.E.
monument;
4. S 00° 15'16" E, 849.70 feet to a 3 -1/2 inch aluminum disc engraved 4607 -1 -1 found in a C.O.E.
monument;
5. S 57 021'25"
E,
99.76 feet to a 3 -1/2 inch aluminum disc engraved 4608 -1 found in a C.O.E.
monument;
6. S 58 °36'24"
E,
288.68 feet to a 3 -1 /2 inch aluminum disc engraved 4607 -2 -4 found in a C.O.E.
monument;
7. N 46 °25'09"
E,
410.01 feet to a 1/2 inch rebar with red plastic cap stamped "Griffith 4846" found;
8. N 46 °39'46"
E,
500.05 feet to a 3 -1/2 inch aluminum disc engraved 4607 -2 found in a C.O.E.
monument;
9. N 04° 12'14" E, 294.07 feet to a 3 -1/2 inch aluminum disc engraved 4607 -2 -2A found in a C.O.E.
monument;
10. N 04 °08'22" E, 396.55 feet to a 3 -1/2 inch aluminum disc engraved 4607 -2 -2 found in a C.O.E.
monument;
11. N 23-21'36" E, 393.22 feet to a 3 -1/2 inch aluminum disc engraved 4607 -2 -1A found in a C.O.E.
monument, from said point a 60d nail found bears S67 °21'.55" W, 119.69 feet;
12. N 24 004'34" E, 155.30 feet to a 3 -1/2 inch aluminum disc found in a C.O.E. monument, said point and
the markings thereon were disturbed, and being at the beginning of a curve to the right, having a radius
of 400.95 feet;
13. 497.3 8 feet along the arc of said curve, through a central angle of 71 '04'34" and a chord bearing and a
chord distance of 57 °38'03" E, 466.10 feet to a' /z inch rebar with red plastic cap stamped "Griffith
4846" found in the south right -of -way line of Skyview Drive;
14. N 87 °43'36" E, 118.88 feet to a' /z inch rebar with red plastic cap stamped "Griffith 4846" found, and;
15. S 88 '46'00" E, 963.39 feet to a fence post found for the northeast corner of said 94.16 acre tract and
being the northwest corner of the Lavon Ranchettes Subdivision, as described in Cabinet "A ", Slide
148 of the Plat Records of said County,
THENCE, S 01 -46'13" W, a distance of 642.64 feet with the east boundary line of said 94.16 acre tract and
the west boundary line of said Lavon Ranchettes to a 3 -1/2 inch aluminum disc engraved 4607 -3 -9 found in a
C.O.E. monument in the northwesterly right -of -way line of the Dallas Area Rapid Transit Property
Acquisition Corporation tract, as described in Volume 3424, Page 126 of said Deed Records;
THENCE, southwesterly and westerly with the southeast boundary line of said 94.16 acre tract and the
northwest boundary line of said Dallas Area Rapid Transit Property Acquisition Corporation tract, the
following three (3) courses and distances:
1. S 72 °21'31" W, a distance of 601.82 feet to a 1/2 inch rebar with red plastic cap stamped "Griffith
4846" found at the beginning of a curve to the left, having a radius of 1959.86 feet; -
2. 925.58 feet along the arc of said curve, through a central angle of 27 °03'32 ", and a chord bearing and
a chord distance of S 58 °49'45" W, 917.00 feet to a 1/2 inch rebar with red plastic cap stamped
"Griffith 4846" found;
3. S 45 ° 17'59" W, a distance of 1796.71 feet to a fence post found for a southeast corner of said 94.16
acre tract and the northeast corner of the above referenced 16.48 acre KCS Railway Company tract;
THENCE, N 89 °01'23" W, with the south boundary line of said 94.16 acre tract and the north boundary he
of said 16.48 acre tract at a distance of 642.23 feet, passing the northwest corner of said 16.48 acre tract and
the northeast corner of the above referenced 5.50 acre KCS Railway Company tract and continuing a total
distance of 800.45 feet to a North Texas Municipal Water District monument found for the northwest corner
of said 5.50 acre tract and the northeast corner of the above referenced Tract 1;
THENCE, S 51037'25" W, a distance of 1758.40 feet with the southeast boundary line of said Tract 1 and
the northwest boundary line of said 5.50 acre tract to a' /2 inch iron rod found for the southeast corner of said
Tract 1 and the northeast corner of the Lorene Virginia Hade- Freeman tract as recorded in Volume 2946,
Page 77 of said Deed Records;
THENCE, N 88 °44'56" W, a distance of 609.48 feet with the south boundary line of said Tract 1 and the
north boundary line of said Freeman tract to a' /2 inch iron rod set for the southwest corner of said Tract 1
and the northwest corner of said Freeman tract and being in the east right -of -way line of County Road 389
and in a curve to the right whose functions are as follows: An angle of 50 °32'26 ", a radius of 1020.00 feet, a
tangent of 481.50 feet and whose chord bears N 26 °32'08" E, a distance of 870.85 feet;
µ THENCE, in a northeasterly direction continuing with the west boundary line of said Tract 1 and the east
right -of -way line of County Road 389 and said curve to the right a distance of 899.74 feet to a point at the
end of said curve and the beginning of a curve to the left whose functions are as follows: An angle of
22 °36'00 ", a radius of 1080.00 feet, a tangent of 215.81 feet and whose chord bears N 40 °30'21" E, a
distance of 423.24 feet;
THENCE, in a northeasterly direction continuing with the west boundary line of said Tract 1 and the east
right -of -way line of County Road 389 and said curve to the left a distance of 426.00 feet to a fence post
found for the northwest corner of said Tract 1 and at the intersection of the south boundary line of the above
mentioned NTMWD tract as recorded in Volume 3713, Page 417 with said east right -of -way line;
THENCE, S 89 °01'23" E, a distance of 698.05 feet with the north boundary line of said Tract 1 and the
south boundary line of said NTMWD tract to the Place of Beginning and containing 121.11 acres of land or
5,275,576 square feet.
,
f �
f �
i
f
f f•
1 .
i
1
1
1 I 1
� 1 1
1 1
1 ;
• - - - - - - - - -- - -
f i
,
-�t
i
1
f
1
t
1
A
I
,
1
1
--------------
LOCATION MAP
ZONING CASE #2012 -09
I I I
I 1 I
I I I
�n
B
z CL
Q w
H
zo
U �
0
0
x
0
7
0
'a z
ii <�tFi� zrc�oo rc = ��� w
gym =
ytla�3 S�Wd =affWaEoY 23
€: }$ °dos ° °m�y� =s °�W °�< 4W
6 HA
mks g ;� =,aa_wawo "s oo baa
- =a
M 313 e
,e 0
m
92 ye
m
N
Q �i'nm
R
Im
ox
�_b
w
R
Y <J
o
U
-
Z
0
J ryo
-
W
R
a
r. Sfi
sez ae
�
.
_. �
�.
V •�.
1 cos
nn cap
��
rn
oocc1
r
",
J,
M
�
r
a0�3`ll
ar°
O
�aNNms ���
o$osa
sE
�9_ b6o I
0
0
x
0
7
0
'a z
ii <�tFi� zrc�oo rc = ��� w
gym =
ytla�3 S�Wd =affWaEoY 23
€: }$ °dos ° °m�y� =s °�W °�< 4W
6 HA
mks g ;� =,aa_wawo "s oo baa
- =a
M 313 e
07
m
8
m
N
Q �i'nm
R
Im
ox
a o
°
w
R
Y <J
o
U
-
Z
0
J ryo
-
W
R
0
0
x
0
7
0
'a z
ii <�tFi� zrc�oo rc = ��� w
gym =
ytla�3 S�Wd =affWaEoY 23
€: }$ °dos ° °m�y� =s °�W °�< 4W
6 HA
mks g ;� =,aa_wawo "s oo baa
- =a
M 313 e
EXHIBIT "C"
WYLIE LAKES PHASE 1B
CONDITIONS FOR PLANNED DEVELOPMENT
ZONING CASE NO. 2012 -09
1) Statement of Purpose: Section 5.b.i is amended to read as follows and is
applicable to Wylie Lakes Phase 1 B. All other standards of PD 2003 -18 remain in
effect, except as specifically provided herein;
5) SPECIFIC REGULATIONS:
b) Development Standards
i) Residential per point requirements for SF- IA -26, SF- 8.5/17, and
TH contained in the City of Wylie Zoning Ordinance. Figure 3 -14
shall apply per Village Residential Districts SF- 8.5/17, and TH of
the City of Wylie Zoning Ordinance, with the following
exceptions:
(1) Block E, Lots 5 -44 and Lots 48 -53 to have a minimum
front yard setback of twenty (20') feet and a rear yard
setback of twenty (20') feet.
(2) Block E, Lots 45 -47 and 54 -59 to have a front yard
setback of fifteen (15') feet and a rear yard setback of
twenty -five (25') feet.
EXHIBIT' "D"
Exhibit `B"
Conditions for Planned Development District
Zoning Case 2003 -08
Wylie Lakes
A Village Center Development
1) Statement of Purpose: This Planned Development is intended to achieve an efficient and balanced mix of land
use on diverse properties of limited connectivity and varied configuration, located adjacent to Lake Lavon Public
Lands, a railroad yard and corridor, and providing for the extension of Park Boulevard.
2) Statement of Effect: This Planned Development shall not effect any regulation found in the
Comprehensive Zoning Ordinance of the City of Wylie as adopted and amended, except as
specifically provided herein;
3) General Regulations: All regulations providing for a Residential and Village Center District as set
forth in Section 3.1 (SF- IA/26), Section 3.3 Village Residential Districts (TH and SF- 8.5/17), and
Section 4.1 Village Center Neighborhood Service (NS) District of the Comprehensive Zoning
Ordinance are included by reference and shall apply, except as otherwise specified under the
provisions hereunder.
4) Development Plans: Development plans shall be submitted and approved for each and all subsequent
phases of development, and each phase shall be in conformance with the Conceptual Plan attached
herewith in Exhibit `C'. However, in the event of conflict between the Concept plan (Exhibit `C')
and the written conditions of this ordinance, the written conditions shall apply.
5) Specific Regulations
a) Land Use
i) Uses per City of Wylie Zoning Ordinance
(1) Tract 1
(a) Neighborhood Service
(b) SF-8.5/17
(2) Tract 2
(a) Neighborhood Service
(b) SF-8.5/17
(c) TH
(3) Tract 3
(a) SF-IA/26
b) Development Standards
i) Residential per point requirements for SF-IA/26, SF- 8.5/17, and TH contained in the City of
Wylie Zoning Ordinance. Figure 3 -12 of the City of Wylie Zoning Ordinance shall apply for
Country Residential District SF-IA/26. Figure 3 -14 shall apply per Village Residential
Districts SF- 8.5/17, and TH of the City of Wylie Zoning Ordinance.
ii) Non - Residential per point requirements of NS. Figure 4 -6 through 4 -8 of the City of Wylie
Zoning Ordinance.
c) Residential Density and Lot Requirements:
i) Density and Residential Lot mix
(1) Number of Residential units:
(a) 293 units maximum
(2) Distribution of the Single- Family Dwelling Unit types (as specified in the following text:
TH, SF- 8.5/17, SF-IA/26) shall be distributed as shown on the Concept Plan Exhibit "C ".
(3) Lot mix for Single Family shall not exceed:
(a) 80 — TH Patio Homes or Single Family Attached
(b) 185 — SF- 8.5/17 Single Family Detached
(c) 28 — SF -1 A/26 Single Family Detached
(d) The overall total number of lots shall not exceed the maximum number of units
allowed in this Planned Development.
d) Alleys
(1) Are not required.
C &S ! V)e 1farmer bi(Ic Cr imcR 14t�npI Monitor • The Prrneeton Fterald 7Ze Saillsc ,\('ws THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas
and having general circulation in Collin County, Texas, who being by me duly sworn,
deposed and says that the foregoing attached:
City of Wylie
Ordinance No. 2012 -41
was published in said newspaper on the following dates, to -wit:
October 17, 2012
(jw�f'
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of 0C 4-b'_'- , 2012
to certify which witness my hand and seal of office.
Nc,tary Pu�lic. p ices
' = lOn EX
h4atrh 21.2013
Notary Public in and for
The State of Texas
My commission expires 3 -�i -(3
�1ur(,M,�i,tixch c'��yLi: i)(f`i <� i i0 N. Fiallarci • P(3 Rox 36�) • 1b�-In:.'I X 7S ()9ti • <)72 4-1" X7(5 • la, 97 ". W2 l,'18
1 armcr,tiille'Princeum Olthcc • 101 S ktain • I' O_ Rios 512 • I arme,soill,,, FX > >4 t2 • 9— ", 7u -1 -631)7 • lity c) 2 -rig- 7()'..3
JK Qdoba17- 15,2012
Q�tD' !SAN
k i' ?.3016 -41
AN ORDINAN
OF THE CITY OF
WYLIE, TEXAS,
AMENDING THE
COMPREHEN-
SIVE ZONING OR-
DINANCE OF THE
CITY OF WYLIE,
AS HERETOFORE
AMENDED, SO
AS TQ:.CHANQE
THE 2:"G ()N
THE $ E 1 -
TER DbCrkUW
PROPERTY, T-
ING CCASE NUM-
BER 2012 -09,
FROM PLANNED
DEVELOPMENT
(PD- 2003 -18)
DISTRICT TO
PLANNED DE-
VELOPMENT
(PD) DISTRICT
- TO ALLOW A
TWENTY (20')
FOOT FRONT
AND REAR YARD
SET BACK FOR
BLOCK E, LOTS
5 -44 AND LOTS
48 -53; AND TO RE-
QUIRE A FRONT
YARD SETBACK
OF FIFTEEN (15')
FEETAND A REAR
YARD SETBACK
OF TWENTY-FIVE
(25') FEET FOR
BLOCK E, LOTS
45 -47 AND 54-59;
PROVIDING FOR
A PENALTY FOR
THE VIOLATION
OF THIS ORDI-
NANCE; PROVID-
ING FOR THE
REPEAL OF ALL
ORDINANCES
IN CONFLICT;
PROVIDING A
SEVERABILITY
CLAUSE; AND
P R'` V I-D 'I .N G
Pm A14 E -
'TIVE DATE.
23 -108 -339