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Ordinance 2003-05 ORDINANCE No.;:m3-CJ5 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 2003-01 TO COMMERCIAL CORRIDOR (CC) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FORAN 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 -!lotices 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 ofPD, Planned Development District Classification, said property being described in Exhibit" A" 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 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 PAS SED AND APPROVED by the City Council of the City of Wylie, Texas, this ~5 day of ~, 2003. / // By //'''\ ,/ John Mondy, Mayor /'~- \ ( ATTEST: ~ City Secretary Exhibit "A" Zone Change #2003-01 Legal Description SITUATED in the State of Texas and County of Collin, being part of the Francisco de la Pina Survey, Abstract No. 688, being a resurvey ofa 2.00 acre tract ofland as recorded in Volume 2271, Page 486 of the Deed Records of Collin County, said premises being more particularly described as follows: BEGINNING at a point for comer marking the northeast comer of said premises, said comer being in Paul Wilson Road; THENCE, with the north line of said premises and departing said road, North 89018'28" East, passing at 30.50 feet a found Y2 inch iron rod, continuing in all 584.70 feet to a Y2 inch iron rod found marking the northeast comer of said premises; THENCE, with the east line of said premises, South 00027'00" East, 149.00 feet to a Y2 inch iron rod found marking the southeast comer of said premises; '.. THENCE, with the south line of said premises, South 89018'28" West, passing at 554.15 feet a Y2 inch iron rod found, continuing in all 584.70 feet to a point for comer, marking the southwest comer of said premises, said comer being in Paul Wilson Road; THENCE, with the west line of said premises, North 00027'00" West, 149.00 feet to the Place of Beginning and containing 2.00 acres of land. September 3, 2002 Ms. Barbara Salinas City Secretary City of Wylie 2000 Highway 78 North Wylie, Texas 75098 Subject: Disannexation of2.00 acres out of Francisco De La Pina Survey #688 To Whom It May Concern: I am submitting this letter as a petition to the disannexation property identified on the attached survey from the City of Wylie and return it to the designation of Collin County property. Said property being located east of Paul Wilson Road and South ofSkyview Drive, being a certain 2.00 acre tract ofland out ofthe Francisco de la Pina Survey, Abstract No. 688, and the certain tract ofland recorded in Volume 2271, Page 486 ofthe Deed Records of Collin County, Texas. My wife and I are the sole owners and registered voters within the subject area. All requirements of Section 43.141 ofthe Texas Local Government Code have been complied with, specifically including publication of notice ofthis petition within the Wylie News and on the subject property. The basis for this request is the lack of sewer services and the lack of adequate fire and police support for this property. The precedent is the surrounding properties have already been reverted back to Collin County property for the same reasons. I am including a recent survey ofthe property. Please let me know if you need any further information to process this request. Thank you, Michael Trent Blocker & Michelle Lea Blocker 1719 MapleleafFalls Dr. Allen, TX 75002 214-876-9805 Precinct No. 27 (095-01) Voter Registration No. 616464 Public Notice Notice is hereby given of my intention to petition the City of Wylie for the disannexation of a 2.00 acre tract of land located East of Paul Wilson Road and South of Skyview Drive, being located within the Francisco de la Pina Survey Abstract No. 688 and being that certain tract ofland recorded in Volume 2271, Page 486 ofthe Deed Records and more specifically described as follows: BEGINNING at a point for corner marking the northeast corner of said premises, said comer being in Paul Wilson Road; THENCE with the north line of said premises and departing said road, North 89018'28" East, passing at 30.50 feet a found Y2 inch iron rod, continuing in all 584.70 feet to a Y2 inch iron rod found marking the northeast comer of said premises; THENCE with east line of said premises, South 00027'00" East, 149.00 feet to a Yz inch iron rod found marking the southeast comer of said premises; THENCE with the south line of said premises, South 89018'28" West, passing at 554.15 feet a Y2 inch iron rod found, continuing in all 584.70 feet to a point for comer marking the southwest comer of said premises, said comer being in Paul Wilson Road; THENCE with west line of said premises, North 00027'00" West, 149.00 feet to the place of beginning and containing 2.00 acres of land. Michael Trent Blocker PO Box 457 Allen, TX 75013 , THE WYLIE NEWS Wvenng Wylie, Sachse, Murphy and the SUl'l'OlIDdiDg area 110 N. Ballard P.O. Box 369 Wylie, Texas 75098 (972) 442-5515 Fax (972) 442-4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, 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 ~.4 {J ,)/'yc'Ui- - ().-rf - ,-?<A> ~"- 3 -0> was published in said newspaper on the following date(s), to-wit: tlr~/ .;;l, ,2003, and - . . 2003. t!f!1/L- . Chad Engbrock, Publisher '7 '/1,- >1 Subscribed and sworn to before me this the ____day of _/A~__,2003 to certify which witness my hand and seal of office. ADA L. MOONEY Notary Public State of Texas My Comm. Exp. 01-02-07 {jgL ~1Z~~ L Notary The Public State in and for of Texas My Comrni~ion expires Olio -1-/07 ( f Lal(e Ray Huttard IS at maximum conservation level ancl spilling or when- ever additional water (up to 77,300 acre-feet per annum) is supplied from Lake Texoma to Lake Lavon pursuant to Water Use Permit No. 5003, and Not to exceed 35,941 acre- feet of water per annum discharged into Lake Lavon from the District's Wilson Creek Wastewater Treatment Plant (WCWWTP) for municipal purposes. A special condition in the current Certificate of Adjudication No. 08- 2410, as amended, pro- vides that the total con- sumptive use of water for municipal purposes autho- rized by said water right, and Water Use Permit No. 5003, shall not exceed 177,300 acre-feet of water per annum. The District also has the right to con- sume all of the 4,000 acre- feet per annum of industri- al use water allocation. Certificate of Adjudication No. 08- 2410. as amended. con- tains several priority dates. special conditions and diversion rates. Pursuant to Certificates of Adjudication Nos. 03- 4797, as amended, and 03- 4798, Applicant is autho- rized to divert and use not to exceed 3.214 and 54,000 acre-feet of water per year. respectively, from Lake Chapman in the Sulphur River Basin. Applicant seeks to amend Certificate of Adjudication No. 08-24 10, as amended. to: . Authorize an increase in the District's reuse autho- rization from Lake Lavon of effluent discharged from the WCWWTP to water allocated for rnunic- ipal use Crom 177,300 acre- feet to 234.514 acre- feet per annum based on the District's rights in Lakes Lavon. Lake Texoma, and Lake Chapman, The Applicant is not requesting a change in the diversion rate of the water authorized. The amendment applica- tion was received on. August 30, 2002, and additional information was received October 31,2002. The appliCatioo was reviewed by tqf"" Executive Direcmr, and determined to be acl1l1inis- tratively complete ilnd filed with the Chief Clerk's Office on November 10, 2002. PUBUC COMMENT / PUBLIC MEETING. Written public comments and requests for a public meeting should be submit- ted to the Office of Chief Clerk, at the address pro- vided in the information section below, WIthin 30 days of the date of news- paper publication of the notice. A public meeting is intended for the taking of public comment, and is not a contested case hear- ing. A public meeting will be held if the Executive Director determines that there is a significant degree of public interest in the application. CONTESTED CASE HEARING. The TCEQ may grant a contested case hearing on this application if a written hearing request is filed within 30 days from the date of newspa- per publication of this notice. The Executive Director may approve the application unless a writ- ten request for a contested case hearing is filed with- in 30 days after newspaper llle same actc1ress. I-or additional information. individual members of the general public lllay contact the Office of Public Assistance at 1-800-687- 4040. General information regarding the TCEQ can be found at our web site at www.tceg.state.tx.us . Issued: March 20, 2003, 45-1 t-235 ORDINANCE NO. 2003-04 AN ORDINA.:'-lCE OF THE CITY OF WYLIE, TEXAS. AMENDING THE LANDSCAPE REG- ULATIONS. SECTION 4.4.E.I.a.( I), OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT: PROVID- ING A SEVERABILITY CLAUSE; AND PROVID- ING FOR AN EFFEC- TIVE DATE. John Mondy. Mayor ATTEST: Aimee Nemer Interim City Secretary 45-1 t-339, ORDINANCE NO. 2003-05 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 HEREINAFTER DESCRIBED PROPER- TY. ZONING CASE NUMBER 2003-01 TO COMMERCIAL CORRI- DOR (CC) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES IN CONFLICT; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN Water Code. '\levada Water Supply Corporation hereby gives notice that any person who subdi- vides land by dividing any lot. tract, or parcel of land, within the service are of Nevada Water Supply Corporation certificate of convenience and necessity no. 12175. III Collin County, into two or more lots or sites for the pur- pose of sale or develop- ment, whether immediate or future. including re- subdivision of land for which a plat has been filed and recorded or requests more than two water ser- vice connections on a sin- gle contiguous tract of land must comply with (title of subdivision ser- vice extension policy stat- ed in the tariW policy) (the "subdivision policy") contained in Nevada Water Supply Corporation's taritY Nevada Water Supply Corporation is not required to extend retail water service to a service applicant in a subdivision :.vhere the developer of the subdivision has failed to comply with the subdivi- sion policy. Applicable elements of the subdivision policy include: Evaluation by Nevada Water Supply Corporation of the impact a proposed subdivision service exten- sion will make on Nevada Water Supply Corporation's water sup- ply system and payment of the costs for this evalu- ation: Payment of reasonable costs or fees by the devel- oper for providing water supply capacity; Forfeiture of reserved water supply service capacity for failure to pay Deadline for placement of a classified ad is noon