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Ordinance 2010-04 ORDINANCE NO. 2010-04 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 2010-01, FROM SINGLE FAMILY 10/24 (SF-10/24) DISTRICT TO SINGLE FAMILY WITH SPECIFIC USE PERMIT (SUP) FOR A DAY CARE USE (SF-10/24 -W/SUP); 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 Single Family with Specific Use Perrnit (SF-10/24 -w/SUP), said property being described in Exhibit "A", Exhibit "B" (Zoning Exhibit), and Exhibit "C" (Development 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in contlict with the provisions of this ordinance shall remain in full force and effect.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 tlie same now exists or is hereafter amended. Ordinance No. 2010-04 Zoning Case 2010-01 SF 10/24-w/SUP SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this �rdinance 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 viriue 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, on this the 23rd day of March, 2010. Eric Hogue, Ma ATT'EST: OF G� Y Cara e Ehrlich, rty Secretary Date of publication in The Wvlie News March 31, 20'10 �887�� Ordinance No. 2010-04 Zoning Case 2010-01 SF i��/24-w/SUP EXHIBIT "A" SUPPLEMENTAL USE PERMIT (SUP) FOR THE MEDEIROS ADDITION (FORMERLY BEN NOBLES ADDITION) 2.599 ACRES LOCATED AT THE NW CORNER OF PIRATE THOMAS Legal Description: BEGINNING at an "x" cut in a concrete headwall found for the southeast corner of said Lot 4 and the northeast corner of Pirate Drive (Lanny Earl Hale Street), an 84.31 ft. right-of-way, shown on the W.I.S.D. Center Addition, an addition to the City of Wylie, as recorded in Cabinet 2007, Slide 108 of said Map Records; THENCE North 74 degrees 33 minutes 27 seconds West, with the northeast right-of-way line of said Lanny Earl Hale Street and the southwest boundary line of said Lot 4, a distance of 528.18 feet to a 1/2- inch iron rod with cap stamped "PRECISE" found for the southwest corner of said Lot 4, said corner being in the east right-of-way line of a 15 ft. Alley, shown on Caldwell Estates, an addition to the City of VWylie, as recorded in Volume 4, Page 40 of said Map Records; THENCE North 00 degrees 15 minutes 41 seconds West, with the common boundary line of said Lots 3, said Lot 4 and said Alley, a distance of 152.43 feet to a 1/2-inch iron rod with cap stamped "PRECISE" faund for the northwest corner of said Lot 3 and the southwest corner of Lot 2, shown on said Medeiros Addition replat; THENCE North 89 degrees 56 minutes 50 seconds East, with the common boundary line of said Lot 2 and said Lot 3, a distance of 507.42 feet to a 1/2-i�ch iron rod with cap stamped "NDM" found for the northeast corner of said Lot 3 and the southeast corner of said Lot 2, said corner being on the west right-of-way line of Thomas Street, an apparent 50 ft. right-of-way (No Record Found); TNiENCE South 00 degrees 27 minutes 57 seconds East, with the common boundary line of said lot 3, said Lot 4 and said Thomas Street, a distance of 293.55 feet to the PLACE OF BEGINNING AND CONTAINING 113,228 square feet or 2.599 acres of land. N 00'15'41" W 152.43' 15' ALLEY I I i I I I I ��t I I I I I I I �m��� I I j i i i i i o i i i i i ro m I� I i I l i ii I t7 r' D Z I I O o i ;2 I m N I a��p I ;g J m I ;,p I I I i v o I i �r l I i r.? o� I a r m I u I H i� l l i I mw�� I I I e I N ..LO4DING ZON� I I I I i i fs �d�E I i ��E i J_ 7'S7' E 293.55' THOMAS SIREET I (APP/�RENi 50' R.o x -p p �_i r NO RECORp FOUnD t� I O a m m gz m� x r---- --------------7------ C x I �`�o� m r' ��1 W.� �Z e; �3m� m� m ni a�' m K.-C' %m A D ml� FC'Y I m Q y I u �m a' R° I F� �-f zunmatKHitirr �BFTTFR �FiSIGN RGSOUR('H=S MEDEIROS ADDITIUK. LOT I BLO<�K A.'.SUy ACRE� P.O. $Oa 1454. WYLIE. TX 7509A �rinmi .r xi�in�ieuisinn�ui.�n�u�i.����i EXHIBIT "C" Conditions of the Specific Use Permit for Day Care Facility 1. The intent of this Specific Use Permit (SUP) is to allow for a Day Care Facility with future expansion of the day care on the remainder of the property to provide a positive asset to the neighborhood. 2. Incidental accessory uses in conjunction with the operation of the primary use of day care facility are allowed subject to P&Z Commission's evaluation of impact upon surrounding properties. 3. Minimum buffering, screening and landscape setbacks shall be established and adopted as part of the zoning exhibit. 4. Issuance of SUP for Day Care on property shall closely conform to Zoning Exhibit `B'. 5. A Site Plan, including any and all changes, shall require P&Z Commission review approval. 6. Day Care Center operations shall comply with Texas Department of Family and Protective Services minimum Childcare Standards Regulations. � C8��S Media, lac. �`�1)e �'armer5bilie �irne5 • Murphy Monitor • The Princeton Herald • The SaChse NeWS • THE WYL[E NE�S �; �� STATE OF TEXAS � i��' 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 2010-04 was published in said newspaper on the following dates, to-wit: March 31, 2010 ��i���� Chad Engbrock, Publisher 2 �± �/� /� Subscribed and sworn before me on this, the ✓� day of `1 1�G�C�'1 , 2010 to certify which witness my hand and seal of office. � � N���'t�ex� ,��ES�P p � � ExP`� e s ° �� ��, 20 �3 Notary Public in and for ,,,,,,..,,,,, = .�Q�.P�B�,� M_ M y ��ccr The State of Texas ;;��,,;: � -,�.,������ My commission expires �� (,� Murphy/Sachse/Wylie 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 • Farmeisville, TX 75442 • 972-784-6397 • fax 972-782-7(Y23 March 31 - April 1, 2010 � AMENDED, SO AS THE REPEAL OF TO, CHANGE THE ALL ORDINANCES ZONING ON THE IN �ONFLICT; HEREINAFTER PROVIDINGASEV- DESCRIBED PROP- E R A B I L I T Y ERTY, ZONING CLAUSE; AND CASE NUMBER PROVIDING FOR 2010-01, FROM SIN- AN EFFECTIVE GLE FAMILY 10/�4 DATE. � ORDINANC� (SF-10/24) DIS- NO. 2010-04 TRICT TO 5INGLE Eric Hogue, Mayor FAMILY WITH SPE- AN ORDINANCE CIFIC USE PERMIT ATTEST: � OF THE CITY OF (SUP) FOR A DAY Carole Ehrlich, City WYLIE, TEXAS, CARE USE (SF- Secretary AMENDING THE 10/24 -W/SUF); PRO- 46-1t-48li-339 COMPREHENSIVE VIDING FOR A �.�,�,..,,,,,..,�„�...._ ZONING ORDI- PENALTY FOR THE NA1�CE OF THE VIOLATION OF CITY OF WYLIE, THIS ORDIl�ANCE; AS HERETOFOI�E PROVIDING FOR