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Ordinance 2015-03ORDINANCE NO. 2015-03 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 2014 -12, FROM PLANNED DEVELOPMENT (PD- 2005 -24) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT — TO MODIFY THE PD CONDITIONS TO ALLOW NO MORE THAN A TWO CAR GARAGE DOOR(S) TO FACE THE STREET ON LOTS LESS THAN 12,000 SQUARE FEET, AND THAT ALL 2:2 OR 3:2 CONFIGURATIONS MUST BE ARCHITECTURAL UPGRADED DOORS WITH DECORATIVE HARDWARE; 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), said property being described in Exhibit "A" (Legal Description), Exhibit `B" (Specific Regulations), Exhibit "C" (Final 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. Ordinance No. 2015 -03 Amending Planned Development Braddock Place IV No more than a two car garage door(s) to face the street on lots less than 12,000 s.f. 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 13th day of January, 2015. ATTEST: C ole Ehrlic City Secretary DATE OF PUBLICATION: ,e i,,,, Eric Hogue, Ma or OF `I G 7 = p r_ y j 'Z10 9 Zo j S Spp�A RAILW,4y ®18870 s TAT@ OF TES' �I Ordinance No. 2015 -03 Amending Planned Development Braddock Place IV No more than a two car garage door(s) to face the street on lots less than 12,000 s.f. Continuation of Schedule A EXHIBIT "A" OF No. PL13 -14119 BEING, a tract of land situated in Nathaniel Atterberry Survey, Abstract No. 1099 and the E.M. Price Survey, Abstract No. 725, in the City of Wylie, being part of a 185.1449 acre tract, as described in Clerks File No. 20060119000079810 in the Dad Records of Collin County, Texas, being more particularly described as follows: BEGINNING at a h inch Iron rod found at the most easterly southeast corner of Braddock Place Phase I, an addition to the City of Wylie, as described in Doc. No. 2004 -5%, in the Plat Records of Collin County, Texas, being In the west line of F.M. 544 (90' R.O.W.), same being in the east line of said 185.1449 acre tract; THENCE, South 00°52'55 "East, along the east line of said 185.1449 acre tract and the west line of said F.M. 544, for a distance of 808.36, to a i4 inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. "; THENCE, South 89007105" West, departing said lines, for a distance of 25104 feet, to a h inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. "; THENCE, South 00052155" East, for a distance of 16.03 feet, to a h inch iron rod set with a yellow cap stamped "Corwin Eng. Inc.' THENCE, South 89°07'05" West, for a distance of 217.24 feet, to a Ys inch iron rod set with a yellow cap stamped "Corwin Eng. Inc., at the point of curvature of a curve to the left, having a radius of 515.00 feet, a central angle of 14032100 ", and a tangent of 65.67 feet, THENCE, along said carve to the left for an arc distance of 130.63 feet (Chord Bearing South 81051'05" West - 130.28 feet), to a K inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. ", being on a curve to the right, having a radius of 225.00 feet, a central angle of 13 046'43 ", and a tangent of 27.19 feet; THENCE, along said curve to the right for an are distance of 54.11 feet (Chord Bearing South 07046'16" East - 53.98 feet), to a % inch iron rod set with a yellow cap stamped "Corwin Eng. Inc." at the point of tangency; THENCE, South 00052155" East, for a distance of 4.29 feet, to a % inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. ", at the point of curvature of a curve to the right, having a radius of 215.00 feet, a central angle of 18034155", and a tangent of 35.17 feet; THENCE, along said curve to the right for an arc distance of 69.73 feet (Chord Bearing South 08024132" West - 69.42 feet to a % inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. ", on a curve to the tight, having a radius of 1815.00 feet, a central angle of 13 0401430, and a tangent of 217.69 feet; THENCE, along said curve to the right for an are distance of 433.31 feet (Chord Bearing South 79021138' West - 43218 feet), to a % inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. ", at the point of reverse curvature of a curve to the left, having a radius of 105.00 feet, a central angle of 43038153" and a tangent of 42.05 feet; THENCE, along said curve to the left for an arc distance of 79.99 feet (Chord Bearing South 64022133" West - 78.07 feet), to a K inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. "; THENCE, South 47026'53" East, for a distance of 3.17 feet, to a inch iron rod set with a yellow cap stamped "Corwin Sag. Inc. "; THENCE, South 42033107" West, for a distance of 170.00 feet, to a % inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. "; THENCE, North 47°26'53" West, for a distance of 468.00 feet, to a K inch iron rod set with a yellow cap stamped "Corwin FORM T -7: Commiiment for Tide lnaumace Page 2 Continuation of Schedule A Eng. Inc. "; GF No. PL13 -14119 THENCE, South 42 033107" West, for a distance of 240.00 feet, to a % inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. "; THENCE, North 47026153" West, for a distance of 48.18 feet, to a % inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. "; THENCE, South 42 033107" West, for a distance of 179.80 feet, to a h inch iron rod set with a yellow cap stamped "Corwin Eng. Inc. ", being a point in the west line of said 185.1449 acre tract; THENCE, North 47041151" West, along the west line of said 185.1449 acre tract, for a distance of 49.77 feet, to a % inch iron rod found; THENCE, North 47°43'58" West, continuing along said west line, for a distance of 50.23 feet, to a inch iron rod found at the most southerly southwest corner of Braddock Place Phase II, an addition to the City of Wylie, as described Document No. 2013 -341 in said Plat Records; THENCE, North 42033'07" East, departing said west line and along the south line of said Braddock Place Phase II, for a distance of 180.27 feet, to a % inch iron rod found; THENCE North 47026'53" West, continuing along said south line, for a distance of 21.82 feet, to a h inch iron rod found; THENCE, North 42°33'07" East, continuing along said south line, for a distance of 460.00 feet, to a'4 inch iron rod found; THENCE, North 32 046102" East, continuing along said south line, for a distance of 101.48 feet, to a % inch iron rod found at the most southerly southeast corner of said Braddock Phase H also being the most southerly southwest corner of said Braddock Place Phase I; THENCE, North 42°33'07" East, along the south line of said Braddock Place Phase I, for a distance of 88.15 feet, to a % inch iron found; THENCE, South 89038'47" East, continuing along said south line, for a distance of 261.87 feet, to a'h inch iron rod found at the point of curvature of a curve to the left, having a radius of 1230.00 feet, a central angle of 29059149 ", and a tangent of 329.54 feet; THENCE, North 67°30'12" East, continuing along said south line, for a distance of 239.66 feet, to a % inch iron found; THENCE, North 00052155" East, continuing along said south line, for a distance of 218.93 feet, to a% inch iron rod found on a curve to the right, having a radius of 345.00 feet, a central angle of 06 052145", and a tangent of 20.74 feet; THENCE, continuing along said south line and with said curve to the right for an arc distance of 41.42 feet (Chord Bearing North 86020104" East - 41.40 feet), to a% inch iron rod found at the point of tangency; THENCE, North 89°46126" East, continuing along said south line, for a distance of 268.67 feet, to the POINT OF BEGINNING and containing 24.144 acres of land. FORM T -7: Commitment for Tide Insurance Page 3 0 Exhibit "B" Request change in Exhibit "B" of Ordinance No. 2005 -24, Zoning Case 2005 -13, IV. Specific Regulations: 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 corner lot side yard. Requested addition of the following under IV. Specific Regulations:, 3. However, when the lot size is less than 12,000 square feet, front facing garage doors shall be allowed. Front facing garage doors must be an architectural upgraded door and contain decorative door hardware. lor VICINITY MAP WZ 7ExAS .,, '� _�- -� - - — - --� - - — -' L– - `�� i / " ` .o. ,., \ e ter:._ : �• s� � °� § \> n y5 Df .� °j urf iarf, Irf' �I .,m� wr• IR IaQ , k �k ��w.ra s ri ibrs ' - t�•w� -I�jVE %,�_ rw,ry rvr -aaaw. 9 �--- -- .+" ',`\ a FINAL PLAT OF BPADDOCK PLACE PHASE IV < ° •+, •• ,or '� ' EXH!UIT 11`/x, 1, 24.151 acres out of the ETisha M. Price Survey, Abstract Number 725 Nathaniel Atterberry Survey, Abstract Number 1099 City of Wylie, Collin County, Texas 74 lDtS Date Revised: October 2014 SHEET I OF 2 Mra„ a+,n,mnoR.. %� s<� �n ���,m BANNISTER E � N GI NNEERINi G ,...,.. •„ •• •: "`4 �I �msiw°'mnwn.in �a,eomw.fa.. m�unar C&Si <LI)e jar III ersbiIIC 2r III es • 1lurphy Monitor • The Princeton Herald —14(,.SacIi.,vc News • THE WYLIE NEWS 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. 2015 -03 was published in said newspaper on the following dates, to -wit: January 21, 2015 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of 6�1 2015 to certify which witness my hand and seal of office. efte Sonia A. Duggan 5 Commission Expires �i OF 09 -02 -2016 CL Notary Public i for The State of Texas My commission expires X1urphs15ai hsc't4') iic Oifice • 110 ti. Iiallar(l • P'.O Ros 369 • lb'�- lic.'I X 7i098. 972 44? -5515 • 11iy 97' 14'_ -43, 18 I'firmcr,,N iI IC /PT iTICeli)TI (.)1'1'icc. 101 S. h1aIII • PA IiMi 512 • 1 a rI It I c rs r i I I e, I'X 754-12 • 9-2 784 -6 O7. I r 972 782 7023 January 21-22, 2015 3C Ordinance No. 2015 -03 An ordinance of the City of Wylie, Texas, amending the Com- prehensive Zoning Ordinance of the City Of . Wylie; as hereto- fore �endeed; so as to change the ion- ing on the hereinafter described property, Zoning Case ' Num- ber 201442, from. Planned Development (PD- 2005 -24) District to Planned Develop- ment (PD) District to modify the PD conditions to,allow no more than . a ..two car garage doo(s) to face the street` on 'lots less lnust be wbitm ural Upgraided doors with decorative hardware; providing for a pen- alty for the violation of this Ordinance; Providing for the re- peal of all Ordinances in conflict; provid- ing a severability clause; and providing for an effective date. 37 -104 -339