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Ordinance 2014-28ORDINANCE NO. 2014-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 2001 -48, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON 2.65± ACRES, ON THE HEREINAFTER DESCRIBED PROPERTY (ZONING CASE NO. 2014 -04), FROM COMMERCIAL CORRIDOR (CC) TO PLANNED DEVELOPMENT — LIGHT INDUSTRIAL DISTRICT (PD- LI) TO ALLOW FOR THE DEVELOPMENT OF A LIGHT ASSEMBLY FACILITY WITH LIMITED INDUSTRIAL USES; 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 — Light Industrial (PD -LI), said property being described in Exhibit "A" (Legal Description), and Exhibit "B" (PD Conditions), and Exhibit "C" (Preliminary Plat) 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 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 Ordinance No. 2014 -28 Amend Zoning Commercial Corridor to Planned Development ZC 2014 -04 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 September, 2014. Vj" C — f� /'� - Eric Hogue, May r ATTEST: d 121, Carole Ehrlich, City Secretary DATE OF PUBLICATION: The Wylie News, in the September 17, 2014 edition. Ordinance No. 2014 -28 Amend Zoning Commercial Corridor to Planned Development ZC 2014 -04 EXHIBIT "A" OWNER'S DEDICATION AND ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF COLLIN § WHEREAS Wylie Economic Development Corporation are the owners of a tract of land situated in the State of Texas, County of Collin, and City of Wylie, being part of the E.C. Davidson Survey, Abstract No. 266, being all of a 1.065 acre tract as recorded under Document No. 20140107000015390 of the Collin County Land Records and all of a 1.590 acre tract as recorded under Document No. 20131' 12001531220 of the Collin Courtly Land Records with said premises being more particularly described as follows; BEGINNING at an `X' found in the easi right —of —way line of Commerce Drive (Called 65' Right —of —Way) marking the southwest corner of said 1.065 acre tract and the southwest corner of said premises; THENCE with the east right —of —way line of Commerce Drive, the west line of said 1.065 acre tract, and the west line of said premises, North 00'49'29" West, passing a 5/8 —inch iron rod found at 185.16 feet marking the northwest corner of said 1.065 acre tract and the southwest corner of said 1,590 acre tract, passing a capped iron rod found at 448.87 fee; and continuing along the west line of said 1.590 acre tract for a total distance of 449.28 feet to a point for corner in the south right —of —way line of the Dallas Area Rapid Transit (100' Right —of —Way; marking the rorthwest corner of said 1.590 acre tract and the northwest corner of said premises; THENCE with the south right —of —way line of the Dallas Area Rapid Transit, the north line of said 1.590 acre tract, and the north line of said premises, North 84'52'18" East, 255.92 feet to a 1 '% —inch iron pipe found marking the northeast correr of said 1,590 acre tract, the northeast corner of said premises, and the northwest corner of a called 4.28 acre tract as recorded in Volume 4528, Page 1760 of the Collin County Land Records; THENCE with the east line of said 1.590 acre tract, the east line of said premises, the west line of said 2.48 acre tract, and the west line of Lot 3 of Wallace Industrial Park, on addition to the City of Wylie as recorded in Volume F, Page 243 of the Collin County Map Records, SOUTH, passing a Boundary Solutions capped iron rod found at 283.20 feet marking the southeast corner of said 1.590 acre tract and the northeast corner of said 1.065 acre tract, and continuing along the east line of sold 1.065 acre tract for a total distance of 469.57 feet to a Boundary Solutions capped iron rod found marking the southeast corner of said 1.065 acre tract, the southeast corr:er of said premises, and the northeast corner of a called 0.8356 acre tract as recorded urder Document No. 20080519000601800 of the Collin County Land Records; THENCE with the south line of said 1.065 acre tract, the south line of said premises, and the north line of said 0.8356 acre tract, South 89'24'58" West, 248.44 feet to the point of beginning and containing 2.655 acres of land. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT ZONING CASE No.2014 -04 I. GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Light Industrial District (LI) set forth in Article 4, Section 4.2 of the Comprehensive Zoning Ordinance (adopted as of May 2011) are hereby replaced with the following: Figure 45 — Light Industrial District L Height Height of Main Structure (feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback (feet) 25 Side Yard Setback (feet) 10 Rear Yard Setback (feet) 25 Lot Coverage 50% Buffering and Screening Service and Loading Areas May face a public street or adjacent residential uses II. SPECIAL CONDITIONS: 1. The following uses as defined in the current Comprehensive Zoning Ordinance shall be permitted as follows on the subject property: a. Contractor's Maintenance Yard with accessory outside storage (Retail, Personnel Service & Commercial or Wholesale, Distribution & Storage) requires a Specific Use Permit. b. Contractor's Maintenance Yard without accessory outside storage (Retail, Personnel Service & Commercial or Wholesale, Distribution & Storage) permitted by right. 2. The following uses as defined in the current Comprehensive Zoning Ordinance shall be prohibited on the subject property: a. Animal Boarding/Kennel without Outside Pens b. Hotel /Motel c. Financial Institution (with or without drive -thru, Alternative) d. Automobile Rental e. Equipment Rental f. Food Processing g. Motor Vehicle Fueling Station h. Truck Machinery & Heavy Equipment Sales, Service or Repair i. Water Treatment Plant, Reservoir or Water Storage j. Industrial (Outside) k. Mini - warehouse (Self - storage) 1. Outside Storage m. Recycling Collection Center 3. The subject property shall be in conformance with all regulations of the Light Industrial Zoning District set forth in Section 4.2, Section 4.3, and Section 5.2 of the current Zoning Ordinance (and as amended) in every respect with exception to the uses indicated in Section II.1 and II.2 above. 4. The Development Plan attached as Exhibit "C" shall serve as the Preliminary Plat. 5. No screening required along the north border along the railroad right -of -way. y a �,, c. 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F zPns' c �3�� o � ��4 � R,O� a ��FSg� � "si s. ✓ xR a n n 4 N Qa a; aQ 8 * -R 8 Ib Mf m 7 a �j� a Ya sas 9 sz �Y ° vbe _tFatIII"sbifie Zrunes - Murphy Monitor - I he Priiieeton I ieraId News -THE WYLIE NEWS media STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba 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. 2014 -28 was published in said newspaper on the following dates, to -wit: September 17, 2014 14 � Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of , 2014 to certify which witness my hand and seal of o face. El� Sonia A. Duggan Commission Expires 09 -02 -2016 jli�o Notary Pub and for The State of Texas My commission expires Murph'; Sachsc'�iy is Office - 110 N. I3a]Iatrcl • P.O Bos ?69 - WN - lic. "I X 75098 .9724-42 -5515 - (as 972 --I42 -4318 FarnierstiillclPrinceutn Office - 101 S. Malin - P.O. 43ox 51 2 - 1'WRICEM ills, 1' "X 75442 -972 784 6397 - fat 972- 782 -7023 6C September 17 -18, 2014 ORDINANCE NO. 2014-28 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDS .: LIE'S COMPRE- HENSIVE ZON- ING ORDINANCE NO. 200.1 -48, AS HERETOFO)ZE AMENDED, SO AS TO CHANGE THE ZONING ON 2.65± ACRES, ON THE HEREINAFTER DE- SCRIBED PROPER- TY (ZONING CASE NO. 2014-04), FROM COMMERCIAL CORRIDOR (CC) TO PLANNED DEVEL- OPMENT — LIGHT INDUSTRIAL DIS- TRICT (PD -LI) TO ALLOW FOR THE DEVELOPMENT OF A LIGHT AS- SEMBLY FACILITY WITH LIMITED IN- DUSTRIAL USES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE ' REPEAL OF ALL ORDINANCES IN CONFLICT, PRO- VIDING A SEVER - ABILITY CLAUSE; AND PROVID- ING FOR AN EF- FECTIVE DATE.