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Ordinance 1993-32 ORDINANCE NO. fj 3,- ~:).. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF BLOCKS 1,7,8, and 9 IN WESTGATE I SUBDIVISION OF THE, CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY ALONG AND TO THE WEST OF WESTGATE WAY IN THE AREA OF ITS INTERSECTION WITH OAK STREET, FROM TWO FAMILY RESIDENTIAL "2F" TO PLANNED DEVELOPMENT "PD"; AMENDING THE COMPREHENSIVE ZONING ORDINANCE, BY AMENDING DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13), ORDINANCE 84-4, AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the real property hereinafter described was zoned Two Family Residential "2F" by virtue of Ordinance Nor 84-4 adopted on the 16th day of February, 1984.; and, WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the Two Family Residential zoning of the subject property, which it now enjoys; and, WHEREAS, the owner of the property has properly filed a request with the City to change the zoning classification from Two Family Residential to Planned Development; and, WHEREAS, the Planning and Zoning Commission, after first having given all requisite notices, by publication and otherwise, and conducting all requisite hearings thereon, has recommended to the City Council that the request for change in zoning classification be granted; and, WHEREAS, the City Council has heretofore conducted a public hearing on the proposed changed and found that it meets one or more of the requirements for amendments as stated in section 35.1 of the Zoning Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I (a) That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the same currently exists, so as to change the zoning classification on the following described property, to wit: Blocks 1,7,8, and in Westgate I Subdivision in the City of Wylie, Collin County, Texas from Two Family Residential to Planned Development; (b) The use of all property in such area being limited to and governed by the following conditions: Permitted Uses: Single Family Detached Dwellings Height Re&ulations:: No building shall exceed 30 feet in height. Accessory buildings or uses shall be a maximum of fifteen feet Area Regulations: Minimum Front Setback 20 feet Minimum Side Setback 5 feet Minimum Side Setback Adjacent To Street *Except the following lots which shall be 10 feet: Lot 19, Block 1; Lots 15 and 28, Block 7; Lots 1,6,7, and 12 Block 8; and Lots 1,6,11, 13 in Block 9 15 feet Minimum Rear Setback *Except the following lots which shall be as specified: Lot 13, Block 9 6 feet Lot 11, Block 9 10 feet 20 feet Minimum Dwelling Size: 1,450 Minimum Lot Size 6,200 Minimum Lot Width (at building line) 58 feet Minimum Lot Depth 100 feet Minimum Masonry Exterior Facade 75% Minimum Off-Street Parking 2 covered and enclosed (c) The above. provided uses being generally in conformance with the standards and regulations associated with tll'f SF-3 zoning district classification, except for the variations from such standard requiremen~! as herein above set forth. SECTION II The stated purpose and intent of granting the within specified Planned Development Designation is to allow development of the lots in a fashion more consistent with and complementary to the existing neighborhood and surrounding area, by granting a use that is more restrictive than SF-3 in regard to minimum house size and less restrictive than SF-3 in regard to certain setbacks and area regulations for yards; as such designation and purpose is found to be not in conflict with the overall intent of the Zoning Ordinance, and not inconsistent with the planning on which it is based and not otherwise harmful to the neighborhood. SECTION III That the property herein described shall be used only in the manner and for the purposes authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended. SECTION IV Any person violating the provisions of this ordinance, or any part hereof, shall be guilty commits an unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION V Should any paragraph, sentence, sub-division, 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 or parts as declared to be invalid, illegal, or unconstitutional. SECTION VI 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 VII That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION VIII The repeal of any ordinance, of 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 July, 1993. ATTEST: i!1~YI/~~ Mary Nichol City Secretary . . EXHIBIT "A" 'JLL 1960rkL912 SITUATED in the State of Texas, County of Collin, in the E. C. Davidson Survey, Abstract No. 266, and being part of a called 30 acre tract of land described in a deed from Cliff E. Huddleston et ux, to A. D. Boyd, as re- corded in Volume 671, Page 720 of the Collin County Deed Records, and being more particularly described as follows: COMMENCING FOR REFERENCE at ,the Southwest corner of the said called 30 acre tract in the North line of F. M. Highway No. 544 (50 feet wide); THENCE with the West line of the said called 30 acre tract, North 00 41' 48" West, a distance of 1939.30 feet to a point in the North line of said tract; THENCE with the North line of said tract, North 880 03' 37" East, a distance of 363.90 feet to the PRINCIPLE PLACE OF BEGINNING for the herein described tract; THENCE continuing with the North line of the said tract, North 880 03' 37" East, a distance of 370.00 feet to the Northeast corner thereof; THENCE South 00 37' 46" East, a distance of 957.01 feet to a point in the North line of the St. Louis & Southewstern Railroad (100 feet wide); THENCE with the North line of said railroad, South 840 19' 55" West, a distance of 370.18 feet to a point therein; THENCE North 00 41' 48" West, a distance of 981.06 feet to the principle place of beginning and containing 357,903 square feet or 8.216 acres of land. '. .' -.- I . -: II!" ..,'d.,........ ~,,",'-' ..",~t .' ~'"~:~;'~:""~~f':"-,, ""lIf''''- "."., .' !;:.:1!lii~X:t:i-1~~"~_I,,_~ EXHIBIT "A" Vl:L 1960~~:l964 SITUATED in the State of Texas, County of Collin, in the E. C. Davidson Survey, Abstract No. 266, and being part of a called 30 acre tract of land described in a deed from Cliff E. Huddleston, et ux, to A. D. Boyd, as recorded in Volume 671, Page 720 of the Collin County Deed Records, and being more particularly described as follows: COMMENCING FOR REFERENCE at the Southwest corner of the said called 30 acre tract in the North line of F. M. Highway No. 544 (50 feet wide); THENCE with the West line of the said called 30 acre tract, North 00 41' 48" West, a distance of 934.49 feet to a point in the North line of the St. Louis & Southwestern Railroad (100 feet wide) and the PRINCIPLE PLACE OF BEGINNING for the herein described tract; THENCE continuing with the West line of the aforementioned tract, North 00 41' 48" West, a distance of 1004.81 feet to a point in the North line of the aforementioned tract; THENCE with the North line of the said called 30 acre tract, North 880 03' 37" East, a distance of 363.90 feet to a point therein; THENCE South 00 41' 48" East, distance of 981.06 feet to a point in the North line of the said railroad; THENCE with the North line of the said railroad, South 840 19' 55" West, a distance of 365.19 feet to the principle place of beginning and containing 361,243 square feet or 8.293 acres of land.