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Ordinance 2005-36 ORDINANCE NO. 2005-36 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 2005-15, TO PLANNED DEVELOPMENT (PD) DISTRICT FOR SINGLE- FAMILY RESIDENTIAL USES; 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 ofthe 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) District for single- family residential uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. Ordinance No. 2005-36 Zoning Case 2005-15 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. 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 August, 2005. \\~Y!"'1t ",~~ 0 0 dy ,'^""" ........ / / ' $"..:." .... ,...~/ ~ ~ ()"'~ '". ((' ~ 2 "'e==-~\ ~ : Cr,tT . - - : ;:)j<AL : :: - ~ I~'~-~ : : - ."---' -; ", .,,"'..::- ~ ...... ...... ~ ~ "'" ........ ~C::J ,.... """III Y/.. IE TS'f-. "",.... Date ofoublication in The Wylie News - August 17. 2005 11111/,,'11\\\\\\ Ordinance No. 2005-36 Zoning Case 2005-15 Exhibit" A" LEGAL DESCRIPTION Zone Case #2005-15 Being located South of Sage Creek Phase 8 Addition, North of Wooded Creek Addition, North ofFM 544 and west ofFM 1378 (Country Club Road) and being described as follows: BEING a tract ofland located in the MOSES SPARKS SURVEY, ABSTRACT NO. 849, City of Wylie, Collin County, Texas and being all of those two tracts ofland described in Deeds to Ronnie Joe Housewright and wife Suzanne I. Housewright, recorded in Volume 3180, Page 615 and Volume 2124, Page 334, Deed Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found in the East line of SAGE CREEK PHASE IV, an Addition to the City of Wylie according to the Plat thereof recorded in Cabinet "0", Page 567, Map Records, Collin County, Texas, at the Northwest corner of said Housewright tract recorded in Volume 3180, Page 615 and the Southwest corner of a tract ofland described in Deed to Ashton Dallas Residential, L.L.c., recorded in Volume_, Page _, Deed Records, Collin County, Texas, said point being North 01 degrees 08 minutes 25 seconds West, 16.14 feet from the Southeast corner of Lot 16, Block K of said Addition; THENCE North 89 degrees 28 minutes 04 seconds East, along the common line of said Housewright tract and said Ashton Dallas tract, passing a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for reference at a distance of 1 ,513.72 feet, and continuing for a total distance of 1,613.72 feet to a point at the Southeast corner of said Ashton Dallas tract and the most Southerly Southwest corner of Lot 10 of Lake Ranch, an Addition to the City of Wylie according to the Plat thereof recorded in Cabinet C, Slide 193, Map Records, Collin County, Texas; THENCE North 89 degrees 18 minutes 56 seconds East, along the South line of said Lot 10, a distance of989.33 feet to a point for corner; THENCE Southerly and Westerly along the Westerly lines of said Lake Ranch Addition the following four (4) courses and distances: South 02 degrees 17 minutes 33 seconds East, a distance of 824.88 feet to a point for corner; South 88 degrees 55 minutes 41 seconds West, a distance of 533.33 feet to a point for corner; South 00 degrees 40 minutes 56 seconds East, a distance of201.80 feet to a point for corner; South 88 degrees 55 minutes 41 seconds West, a distance of 140.45 feet to a point at the Northeast corner of a tract of land described in Deed to Thomas A. Mannewitz and Barbara L. Mannewitz, recorded in Document No. 92-0064130, Deed Records, Collin County, Texas; Ordinance No. 2005-36 Zoning Case 2005-15 THENCE South 88 degrees 34 minutes 59 seconds West, a distance of 557.48 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "RPLS 4813" found at the Northeast comer of a tract ofland described in Deed to Wooded Creek Estates, Ltd., recorded in Volume 5090, page 1590, Deed Records, Collin County, Texas; THENCE South 89 degrees 44 minutes 55 seconds West, a distance of 1,386.82 feet to a 1/2 inch iron rod with a red plastic cap stamped "Tipton Engineering" found in the East line of Sage Creek Phase VII, an Addition to the City of Wylie according to the Plat thereof recorded in Cabinet 0, Slide 435, Map Records, Collin County, Texas, at the Southwest comer of said Housewright tract recorded in Volume 2124, Page 334 and the Northwest comer of Wooded Creek Estates, Phase 1, an Addition to the City of Wylie according to the Plat thereofrecorded in Cabinet 0, Slide 372, Map Records, Collin County, Texas; THENCE North 01 degrees 08 minutes 25 seconds West, passing the Northeast comer of said Sage Creek Phase VII and the Southeast comer of said Sage Creek Phase IV at a distance of 475.96 feet, and continuing for a total distance of 1,031.88 feet to the POINT OF BEGINNING and containing 59.515 acres ofland, more or less. Ordinance No. 2005-36 Zoning Case 2005-15 Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Sage Creek Phase 9, Housewright Tract Zoning Case # 05-15 (As amended and adopted by the City Council August 9, 2005) General Conditions: 1. This Planned Development District shall not effect any regulation within the Code of Ordinances, except as specifically provided herein. 2. All regulations of SF-8.5117 District set forth in Article 3, Section 3.3 A.3 of the Comprehensive Zoning Ordinance (adopted as of February 27,2002) are included by reference and shall apply except as provided herein. 3. The attached Development Plan (Exhibit C) shall serve as a Preliminary Plat. The Development Plan shall conform to the written conditions of the Planned Development, but in case of conflict between the two, the written conditions shall prevail. Special Conditions: 1. Lot Mix Maximum number of Single Family dwelling units permitted in this Planned Development shall not exceed 97 units Minimum Lot Size will be 8,400 square feet 2. Lot Size Minimum Lot Width (at front building line): Minimum Lot Width (at front building line) of Comer Lots Minimum Lot Depth: Minimum Cul-de-Sac Lot Depth: 60 feet 60 feet 120 feet 90 feet 3. Dwelling Regulations Minimum Dwelling Size on any Lot: 2,000 sq. ft. (air conditioned space only) plus 400 s. ft. garage Minimum Dwelling Size on 50% of Lots: 2,400 sq. ft. (air conditioned space only) plus 400 sq. ft. garage First floor shall not be less than 60% of total area of all 2-story dwellings Conditions for Planned Development - Sage Creek Phase 9 4. Main Structures Front Yard Side Yard Side Yard of Comer Lots Rear Yard 25 feet 5 feet 15 feet 20 feet 5. Yard Requirements - Accessory Structures Front Yard Side Yard Rear Yard Side Yard of Comer Lots Minimum Distance from Main Building Maximum Area of Accessory Structure behind rear building line of main structure 5 feet 5 feet 20 feet 5 feet 80 sq. ft. 6. Height of Structures: Main Structure Accessory 36 feet Per existing Sage Creek CCR's (currently 8 feet) 7. Alleys No alleys shall be required within this Planned Development District 8. Design Standards The following will substitute for Section 3.4, Figure 3.14 of the Zoning Ordinance Exterior Facade (Main Structure) 100% brick, stone Chimneys Chimney enclosure required Roof Pitch 8:12 or greater with architectural grade overlap shingles Roof Materials Asphalt shingles, no wood shingles Paint rooftop accessories to match Repetition of same elevation and floor plan 4 lots skipped same side of street and 2 lots skipped opposite side of street, and no identical or flipped floor plan and elevation side by side Conditions for Planned Development - Sage Creek Phase 9 2 Front Entry Cover Minimum porch shall be not less than 14 sq. ft. and a minimum of 90% of the total dwellings shall have a porch of at least 20 sq. ft. All porches shall have a 5 ft. minimum width. Residential Mail Boxes Paired at Lot Line, masonry and same style throughout PD Garage Doors Offset, 12" minimum, maximum 50% of elevation 9. Signage, Entry Feature and Medians No signage, entry feature or median element will be required within this Planned Development District as this is an additional phase to an existing community that already has signage, entry feature and medians. 10. Sidewalk Lighting Decorative low height solar lighting will be required within this Planned Development District. 11. Crosswalk Construction Specialty pavers will be installed at all crosswalks within subdivision. Pavers will be installed at a minimum width of 4 feet 12. Park Dedication City of Wylie Park Fees shall not be waived or reduced for development within this Planned Development District. The Owner/Developer may dedicate acreage in lieu of fees and/or use comparable funds to provide park improvements within this Planned Development District. The cost of public park improvements shall be equal to or greater than the park land dedication requirements in effect at the time of platting. All park improvements shall be coordinated with the Director of Community Services or his designee, prior to initial construction of the development. All park improvements shall be installed and/or fees paid prior to City acceptance of the development or as otherwise agreed to between Owner/Developer and the City of Wylie. Subject to Parks Board approval, Owner/Developer shall dedicate to the City of Wylie approximately 30 acres ofland within this Planned Development District. Park land dedication is located on the eastern portion of the Planned Development District. Subject to Parks Board approval, Owner /Developer shall construct an 8 ft. wide trail system within this Planned Development District. Trail shall be located in the area just west of Muddy Creek. Trail will tie into trail constructed within Sage Creek Phase 8 to the north of this Planned Conditions for Planned Development - Sage Creek Phase 9 3 Development District. This trail will be located within the dedicated park land referenced in the paragraph above, and shall be connected to the trail provided within the Sage Creek 8 development and the private amenity center of Phase 9. 13. Access Construction Subject to Parks Board and City approval of the specific location, Owner/Developer shall construct a 2 lane roadway and drainage structure across City owned land that extends Wooded Creek Avenue from Sage Creek 8 northwesterly across the creek and connects to Riverway Lane. The connection shall include sidewalks on both sides ofthe roadway. In the event that the construction of this connection is requested to be delayed by the City, the Owner/Developer will escrow the cost of construction at the time the Final Plat is filed and the future obligation to build the connection would rest with the City. 14. Amenity Center The OwnerlDeveloper shall provide a private amenity center, on a common lot dedicated to the Homeowners Association and adjoining the public park land. Facilities within this amenity center shall be approved by City staff and shall be completed prior to the issuance of not more than 25% of the residential building permits, and shall include at least off-street parking, kiosk/shelter and 8 ft. wide trail to connect to the trail within Sage Creek park land. This amenity center shall be maintained by the Homeowners Association. Conditions for Planned Development - Sage Creek Phase 9 4 ~Nl'S3.l~.NOStIlQNY'.I3OMOO c..!8 j: g~o~ llt=._~. i CI,,~ oj- :H ~.N V7 ;r~~lI< ;:!O~. ii~i~ C._om !'l 0.. ~ ~z .. . )(c~ &l < -r'" i~ ~~ -~ll. " < L&I:~~ 5: ~] l:~ L&J~~e:; ~ '" z: ~iE~~ o~ CI) gU :> on GO ~ ~~ ~ ~ ~ 5 g~ ~ t l8~ (J < . ... t t ~ ;~ ~ ~~ ~ ~g '3 "l &i ~ ii ~ . ~ ~ ~ - ~ m2"1..'4II"'( 121.77' ~ . I . ! ~ i ~ i ....... 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L..___..J ---_.._.._---_..~,._---_.._......_-_.. -' ,i ---.-----4 , -- _._----~-,~::;'~~~>~,.._-' :.....) - v lo;r~ ~~6= , i . , . ; ! i ,," ,,'- ," ,., .' ~I ~ -..---.- j LOCATION MAP ZONING CASE #2005-15 ;:::: t~S Media, Inc. m:be jfarmersbille m:imes . Murphy Monitor. The Princeton Herald · The Sachse News. 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 Ord. No. 2005-35, Ord. No. 2005-36 was published in said newspaper on the following dates, to-wit: Aug. 17, 2005 fJJJ/f!?-- Chad Engbrock, Publisher Subscribed and sworn before me on this, the /t /i {tJ't/t-.- day of ,~t-".- , 2005 to certify which witness my hand and seal of office. .~~.... ,'.....~~', ~~( fir t.\ Ek!{i~J ~? ADA L MO. ON;t . Notary Put);i~ . ~ State ofTexa<; ( My Coml1"i Exp OHl2-Q7 .~ I // " Notary Public in an The State of Texas My commission expires 01102/07 r: f\ ~ i ( Murphy/Sachse/Wylie Office' 110 N. Ballard' P.O. Box 369' Wylie, TX 75098' 972-442-5515' fax 972-442-4318 FarmersvillelPrinceton Office' 101 S. Main' P.O. Box 512' Fannersville, TX 75442' 972-784-6397' fax 972-782-7023 made at 972-675-0562. the time and place of the pub- lic hearing is as follows: Date: September 14, 2005 Time: 7 :00 p.m. Place: City of Sachse Council Chambers 5560 Highway 78 Sachse, TX 75048 13-2t-1370-42li NOTICE OF PUBLIC HEARING ON THE PROPOSED OPERATING BUDGET CITY OF SACHSE FISCAL YEAR 2005-2006 All interested persons including without limita- tion the Taxpayers, Property Owners, Residents and Citizens of the City of Sachse are hereby given notice that a Public Hearing on the Proposed Budget for the City of Sachse Fiscal Year 2005-2006 will be held on Tuesday, September 06, 2005, at 7:30 p.m., in the City Council Chambers located at 5560 Highway 78, Municipal Building, Sachse, Dallas County, Texas. All interested per- sons may appear at the hearing and speak for or against the proposed bud- get. A copy of the Proposed Operating bud- get for Fiscal year 2005- 2006 is on file in the office of the City Secretary for inspection located at 5560 Highway 78, Sachse, TX. There is a summary copy of the Proposed Operation Budget for Fiscal Year 2005-2006 posed on the City's Web page at cityof- sachse. com Dated this ] 2th day of August, 2005. Terry Smith, City Secretary, City of Sachse, Texas 13-2t-1370-50 Ii NOTICE OF SPECIAL ELECTION NOTICIA DE Mayor Mike J. Felix Signature of Presiding Officer (Firma del Oticial que Presida. / 13-2t-1370-11 j"li ~ ,'n At the Regular Meeting of'. . 13-1 t-339-67 Ii ;' / August 9, 2005, the Wylie'. \ CITY OF LAVON City Council passed and \ ]' approved two (2) ordi- Notice is hereby given that nances. the City Council of the City of Lavon has called a Public Hearing, to be held in a Joint meeting with the 2( Planning and Zoning Commission, on Tuesday, 21 September 6, 2005 at 7:00 21 p.m. in the Council Room at City HaIL ] 20 School T. Road, Lavon, Texas to con- sider a request for a Specific Use Permit for the"" construction of a Temporary Concrete Batch + Plant to be located within the boundaries of the TI Grand Heritage West "A" EI development. Lots 30-33, Lots] 0-13, Block B, in the N City of Lavon. Ti ]3-lt-391-24 Ii D, ELECCION ESPECIAL To the Registered Voters of Sachse, Texas (A los votantes registrados del Sachse, Texas;) Notice is hereby given that the polling places list- ed below will be open from 7:00 a.m. to 7:00 p.m., on September 10, 2005, for vote on 2 local option issues. (Notifiquese, por las pre- sente, que las casillas electorales sitados abajo se abrinin desde las 7:00 a.m. hasta las 7:00 p.m. 10 de Septiembre, 2005, para vote en 2 opciones de asuntos local LOCATlON(S) OF POLLING PLACES (DIRECCION(ES) DE LAS CASILLAS ELECTORALES) Sachse City Hall 5560 H wy. 78 Sachse, Texas 75048 Early voting by perso'nal :: appearance will be con- ducted each weekday at (La votacion adelantada en persona se llevard a cabo de lunes a viemes en) Sachse City Hall 5560 Hwy. 78 Sachse, Texas 75048 between the hours of 8:00 a.m. and 5:00 p.m. begin- ning on August 24,2005 \ (entre las 8:00 de la mq,v, ana y las 5:00 de la tJ.~\ 'I>,_ci -J empezando el 24 de Agusto, 2005) and ending on August 26, 2005 (y terminando el 26 de Agusto, 2005) Additional early voting will be held at the same location as follows: (La votacion en adelanta- da ademas se llevara a cabo en el mismo de tal manera.) Date (Fecha): August 27, 2005 Time (Horas): 8:00 a.m .- 5:00 p.m. Date (Fecha): August 29-September 2, 2005 Time (Horas): 8:00 a.m .- 5:00 p.m. Date (Fecha): September 6, 2005 Time (Horas): 8:00 a.m .- 5:00 p.m. Applications for ballot by mail shall be mailed to: (Las solicitudes para boleros que se votanin en ausencia por correo debenin envlarse a:) Bruce Sherbet, Name of Early Voting Clerk (Nombre del Secretario (a) de la Votacion Adelantada) 2377 N. Stemmons Freeway, 8th Floor Dallas, Texas 75207 Issued this 6th day of July, (, 2lJOS C (Emitada este dfa 6 de julio, 2005) ORDINANCE NO. 2005-35 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HERE- INAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2005- 14, TO DOWNTOWN HISTORIC (DTH) DIS- TRICT FOR MIXED I USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVID- ING FOR AN EFFEC- TIVE DATE. 1 P a 1 I, ORDINANCE NO. 2005-36 L L L L L L T L AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HERE- INAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2005- ]5, TO PLANNED DEVELOPMENT (PD) DISTRICT FOR SINGLE- FAMILY RESIDENTIAL USES; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVID- ING FOR AN EFFEC- TIVE DATE. + T L + x + S If c< S T' b, John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary S T ty ]' I'