Ordinance 2006-55
ORDINANCE NO. 2006-55
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 2006-11, TO PLANNED DEVELOPMENT
(PD) DISTRICT TO ALLOW FOR SINGLE-FAMILY RESIDENTIAL
USES OF VARIED DENSITIES; 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)
District for single-family residential uses of varied densities, said property being described in
Exhibit "A", Exhibit "B" and Exhibit "C" (Concept Plan) 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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in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. 2006-55
Amending Zoning to Planned Development
ZC 2006-11
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.
DUL y PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 22nd day of August, 2006.
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ATTEST:
Date of publication in The Wvlie News - August 30. 2006
Ordinance No. 2006-55
Amending Zoning to Planned Development
ZC 2006-11
Exhibit "A"
Legal Description
Zone Case #2006-11
Being a 61.26 acre tract ofland located in the Allen Atterberry Survey, Abstract No. 23,
and a portion part of a called 86.6 acre tract described to S.H. Hood, as recorded in
Volume 291, Page 167, Collin County Deed Records (C.C.D.R), and being described by
metes and bounds as follows;
COMMENCING at a found 3/8 inch diameter iron rod located on the South line os said
Allen Atterberry Survey, the North line of the D.W. Williams Survey, Abstract No. 980,
the Northeast comer of a tract ofland described to Thelma Rice, as recorded in Volume
561, Page 266, C.C.D.R, the Southeast comer of a tract of land recorded to Tommy &
Toni Pulliam. as recorded in Volume 4590, Page 1895, C.C.D.R, and the West right-of-
way line ofF.M. 544 (90' ROW), as recorded in Volume 568, Page 21, C.C.D.R;
THENCE North 89 degrees 32 minutes 50 seconds West, along the South line of said
Atterberry Survey and the North line of said Williams Survey, a distance of 648.87 feet
to a 5/8 inch diameter iron rod marking the POINT OF BEGINNING and being the
Southwest comer of said Pulliam tract;
THENCE North 89 degrees 32 minutes 50 seconds West, continuing along the South line
of said Atterberry Survey and the North line of said Williams Survey, the North line of
said Rice tract, the North line of a tract ofland described to Darlene R. Ceilley, as
recorded in Volume 4977, Page 504, C.C.D.R., North line ofa tract ofland described to
Edwin W. Klingbeil, as recorded in Volume 4977, Page 504, C.C.D.R, and the North
line ofa tract ofland described to Robert L. Klingbeil, as recorded in Volume 5250, Page
3809, C.C.D.R, a distance of 1635.45 feet to a fOWld 1/2 inch iron rod in concrete being
the Southeast corner of the Twin Lakes Phase V subdivision, as recorded in Volume
5588, Page 3164, Collin County Plat Records, and marking the Southwest comer of the
herein described tract;
THENCE North 00 degrees 51 minutes 52 seconds East, leaving said common Survey
line and along the East line of said Twin Lakes Phase V subdivision a distance of
1405.70 feet to a 5/8 inch diameter iron rod being the Northeast comer of said Twin
Lakes Phase V Subdivision, and the South line of a tract ofland described to Steven
Combest, as recorded in Volume 3743, Page 219, C.C.D.R, marking the Northeast
comer of herein described tract;
THENCE South 89 degrees 18 minutes 39 seconds East, along the south lines of said
Combest tract, a tract ofland described to Jesse Candenas, as recorded in Volume 4871,
Page 1327, C.C.D.R, a tract ofland described to Martha Sheppard, as recorded in Plat
Book 84, Page 338, C.C.D.R, a tract ofland described to Terry and Casaundra Carlisle.,
as recorded in Volume 3011, Page 202, C.C.D.R, a tract ofland described to James
Heintz, as recorded in Volume 5400, Page 2520, C.C.D.R, a tract ofland described to
Billy D. Duncan, a tract of land described to James & Donna Trevino, as recorded in
Volume 4501, Page 1617, C.C.D.R, a tract ofland described to Sandra Benton, as
recorded in Volume 4761, Page 1510, C.C.D.R., a tract ofland described to Close Family
Living Trust, as recorded in Volume 5249, Page 5919, C.C.D.R, a tract ofland
described to Sam Terry, a tract ofland described to David & Julie Black, as recorded in
94-0063489, C.C.D.R, and a tract of land described to Merie & Sheri Little, as recorded
in 93-0080940, C.C.D.R., a distance of 1492.50 feet to a found 1/2 inch diameter iron rod
in a pecan tree, being the Northwest comer ofa tract ofland described to Brent &
Beverly Bates, as recorded in 96-0018275, C.C.DR, for the North Nortbeast comer of
the herein described tract;
THENCE South 02 degrees 39 minutes 12 seconds East, along the west line of said Bates
tract, a distance of331.53 feet to a set 1/2 inch diameter iron rod with cap stamped "TRI-
TECH" being the Southwest comer of said Bates tract and an interior comer of the herein
described tract;
THENCE South 89 degrees 27 minutes 31 seconds East, along the south line of Said
Bates tract, a distance 684.24 feet to a set 1/2 inch diameter iron rod with cap stamped
"TRI- TECH" being the Southeast comer of said Bates tract and on the West right-of-way
line of said F.M. 544, marking the East Northeast comer of the herein described tract;
THENCE South 02 degrees 37 minutes 38 seconds East, along the West right-of-way line
of said F.M. 544, a distance of 179.98 feet to a found 5/8 inch diameter iron rod;
TIffiNCE South 04 degrees 02 minutes 47 seconds East, continuing along the West right-
of-way line of said PM 544, a distance 534.62 feet to a found 5/8 inch diameter iron rod
being the Northeast comer of said Pulliam tract and marking the East Southeast comer of
herein described tract;
THENCE North 89 degrees 32 minutes 51 seconds West. leaving said right-of-way and
along the North line of said Pulliam tract, a distance of621.02 feet to a found 5/8 inch
diameter iron rod being the Northwest comer of said Pulliam tract and an interior comer
of herein descnoed tract;
TIlENCE South 00 degrees 26 minutes 32 seconds West, along the West line of said
Pulliam tract, a distance of354.71 feet to the POINT OF BEGINNING and containing
61.26 acres or 2,668,568 square feet.
Exhibit "B"
CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT
Alanis Crossing
Zoning Case - 2006-11
Planned Development Requirements:
I. Statement of Purpose: The purpose of this Planned Development District is to
permit the development of ALANIS CROSSING.
II. Statement of Effect: This Planned Development shall not effect any regulation
found in the Comprehensive Zoning Ordinance as adopted and amended, except
as specifically provided herein;
III. General Regulations: All regulations providing for a Single Family 20/26 as set
forth in Section 3.2 Medium Density Residential District of the current
Comprehensive Zoning Ordinance are included by reference and shall apply,
except as otherwise specified under the special provisions hereunder. The
conditions contained herein and the conditions of the current Comprehensive
Zoning Ordinance, which are not amended by this Planned Development, shall
constitute all the zoning requirements applicable to this Planned Development.
Concept Plan: Development shall be in conformance with the Concept Plan to be provided;
however, in the event of conflict between the Concept Plan and the written conditions of this
ordinance, the written conditions shall apply.
Subsequent Submittals: A Development Plan shall be submitted for review and approval ofthe
Planning and Zoning Commission and City Council. The Development Plan shall conform to
the approved Concept Plan and conditions of the Planned Development, and shall serve as the
Preliminary Plat. If the Alanis Road alilrnIIlent is chan!!ed bv the Citv and materiallv affects the
Conceot Plan. then a Develooment Plan containin!! the revised alilrnIIlent shall be decreed to
conform to the aPDfoved Conceot Plan.
IV. Specific Regulations:
1. General Residential Regulations
1. Density: The maximum number of Single Family Dwelling units
permitted in this Planned Development shall not exceed 100 Single
Family Units.
2. Lot Mix: All Single Family lots will be in excess of 18,000 sf. A
minimum of 25% of the Single Family Lots will be 20,000 sf or
greater. For the purposes of determining these percentages, all
calculations shall be on a cumulative basis.
3. Alleys shall not be required as part of this Planned Development.
However, no garages shall face the street in front of each Single
Family Lot. This can be accomplished either through swing driveways
or alleys. However, when three car garages are constructed on a lot
and a "2& 1" configuration is used, the single car door may face the
street. Garages may face the street on a comer lot side yard.
4. Distribution of the Single Family Dwelling Unit types shall be
distributed within the development as shown on the Development
Plan! Preliminary Plat submitted with each phase.
11. Single Family
1. Lot Area: The minimum permitted lot areas are:
a. Lot Type "A": 20,000 square feet
b. Lot Type "B": 18,000 square feet
2. Lot Width: The minimum permitted lot widths (measured at the
building line) are:
a. Lot Type "A":
b. Lot Type "B":
85 feet
85 feet
3. Lot Width of Comer Lots: The minimum lot widths of comer lots
(measured at the building line) are:
a. Lot Type "A":
b. Lot Type "B":
95 feet
85 feet
4. Lot Depth: The minimum permitted lot depths are:
a. Lot Type "A": 140 feet
b. Lot Type "B": 140 feet
5. Lot Depth in Double Front Lots: The minimum permitted lot depths on
double front lots are:
a. Lot Type "A":
b. Lot Type "B":
180 feet
180 feet
6. Minimum Dwelling Unit Square Frontage:
a. 10% of lots shall have a minimum permitted square footage of
2,600 s.f.
b. The remaining lots shall have a minimum square footage of 3,000
s.f. except:
c. 9 lots adjacent to the property owned by Brent W. & Beverly B.
Bates (Tract 64, Abstract 23, Located in Collin County, TX) shall
have a minimum square footage of 3,600 s.f.
d. Architectural grade shingles shall be used throughout the PD.
7. Main Structure Front Yard: The minimum Front Yard Setbacks are:
a. 30' for all lots adjacent to Alanis Drive, and FM 544
b. 35' for all other lots
8. Main Structure Side Yard: The minimum permitted side yards
(measured at the building line) are:
2
a. Lot Type "A":
b. Lot Type "B":
1 0% of lot width
1 0% of lot width
9. Main Structure Side yard on Comer Lot: The minimum permitted
side yard setbacks adjacent to a street are:
a. Lot Type "A":
b. Lot Type "B":
25 feet
25 feet
10. Main Structure Rear Yard:
shall be the lesser of:
a. Lot Type "A":
b. Lot Type "B":
The minimum permitted rear yards
20 feet
20 feet
11. Main Structure Rear Yard on Double Front Lots: The minimum
permitted rear yards on double front lots are:
a. Lot Type "A": 30 feet
b. Lot Type "B": 30 feet
12. Permitted uses: Permitted uses shall include the uses specified in
the SF 20/26 District.
13. Accessory Structure Front Yard: Accessory structures shall be
located behind the building line of the main structure for all lot
types.
14. Accessory Structure Side Yard: The minimum permitted side yard
for accessory structures shall be 5 feet for all lot types.
15. Accessory Structure Rear Yard: The minimum permitted rear yard
for accessory structures shall be 10% of the lot depth for all lot
types.
16. Accessory Structure Rear Yard on Double Front Lots: The
minimum permitted rear yard for accessory structures on double
front lots shall be 25 feet for all lot types.
17. Accessory Structure Side Yard on Comer Lots: The minimum
accessory structure side yards on comer lots are 10 feet for all lots.
18. Accessory Structure Minimum Distance from Main Building: The
minimum separation between the main building and an accessory
building shall be 5 feet for all lot types.
19. Accessory Structures Building Area: The maximum cumulative
building size for accessory structures on any lot shall not exceed a
600 s.f. maximum. This does not limit amenity centers that are part
of a single family development.
20. Accessory Structure Height: The maximum building height of any
accessory structure shall not exceed a maximum height of 40 feet
3
or 2 stories on all lot types.
V. New Residential Development Requirements (Figure 3-9) shall apply fully to all
phases of the Planned Development except as follows:
1. Perimeter Screening: The perimeter screening for Alanis Drive and FM 544 shall
be allowed to be incorporated into lots adjacent to Alanis Drive and FM 544. No
platted 40' buffer shall be required.
Landscaped Berm: Developer will may construct a 5 foot in height landscaped earthem berm
with 3:1 slope in the rear oflots adjacent to Alanis Drive, FM 544 and the northern boundary
of a property owned by Tommy & Toni Pulliam (Tract 68, Abstract 23, Located in Collin
County, TX) as shown on the attached concept plan.
2. This shall be in place of any required perimeter screening. The Landscaped Berm
shall be maintained by the HOA.
3. No Perimeter walkway shall be required on FM 544.
4. No Pedestrian Crosswalks shall be required except for across Alanis Drive.
5. No public open space easements shall be required.
6. No sidewalks shall be required for open ditch road sections with lots 18,000
square feet or larger.
VI. Common Area Platting: All street medians, green belts and common areas not
dedicated to the City must be maintained by the HOA, and shall be clearly
delineated as such and the acreage shown for each common area on the final
subdivision plat.
VII. Open Ditch Road Section: In blocks where the lot size is a minimum of 18,000
square feet the road section shall be open ditch with a 26 foot pavement section
and a 60 foot Right-of-Way.
VIII. Landscape Zone: In an effort to preserve the agricultural heritage of the Hood
Property, as indicated by the existing fence line trees, the developer shall preserve
all hardwood trees with a caliper of 8 inches or greater located within an edge
zone that extends 5 feet from perimeter property line.
IX. A 20 foot landscape easement shall be provided between the development and the
properties owned by Brent W. & Beverly B. Bates (Tract 64, Abstract 23, Located
in Collin County, TX) and Tommy & Toni Pulliam (Tract 68, Abstract 23,
Located in Collin County, TX). This easement shall be incorporated into the rear
oflots adjoining the above properties.
4
Homeowners Association: Prior to the issuance of a certificate of occupancy for
any dwelling unit, a set of bylaws and/or other restrictive and appropriate
covenants and/or homeowner's agreement as approved by the City Attorney and
duly recorded in the Deed Records of Collin County, to establish and maintain a
Homeowner's Association for the ownership and maintenance of all non-
dedicated common areas and improvements within the Planned Development
District, shall be filed with the Building Inspections Department.
5
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m::lJc jl'armcrlSbiUc m::imclS . Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
qL/
:J~3
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
Orninance No. 2006-53, 2006-54, 2006-55
was publisbed in said newspaper on tbe fOIl""t:Jj}jji/:ust 30, 2006
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the ._~O
day of
, 2006
to certify which witness my hand and seal of office.
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TAMMY BURTON
Notary Public. State of Texas
My Commission Expires
February 21,2010
I ,~
Nota ublic in and for
The State of Texas A
My commission expires 2. Z \. '2{)(u
Murphy/SachselWylie Office. 110 N. Ballard. P.O. Box 369. Wylie, TX 75098.972-442-5515. fax 972-442-4318
Farmersville/Princeton Office. 101 S. Main . P.O. Box 512. Farmersville, TX 75442.972-784-6397 . fax 972-782-7023
ORDINANCE
NO. 2006-55
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
THE COMPREHEN-
SIVE ZONING ORDI-
NANCE OF THE CITY
OF WYl~IE, AS
HERETOFORE
AMENDED, SO AS TO
CHANGE THE ZON-
ING ON THE HERE-
INAFTER DESCRIBED
PROPERTY, ZONING
CASE NUlVlBER 2006-
11, TO PLANNED
DEVELOPMENT (PD)
DISTRICT TO ALLOW
FOR SINGLE-FAMIl-~Y
RESIDENTIAL USES
OF VARIED DENSI-
I TIES; PROVIDING'
FOR A PENALTY FOR.
THE VIOLATION OF
"Jl".,,~J' "."'....,ll.,l~L.,\....-'I'....'"
PROVIDING FOR THE;1
REPEAL OF ALL'
ORDINANCES' iN
CONFLICT; PROVID-
ING A SEVERABILITY
CLAUSE; AND PRO-
'VIDING FOR AN
EFFECTfVE DATE.
John lVIondy, lVlayor
ATTEST:
Carole Ehrlich, Citv
Secretary .
15-1 t-339-124Ji
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