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Ordinance 1995-13 ORDINANCE NO. 4& -1..3 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION FOR THE PROPERTY DESCRIBED HEREIN IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED ALONG AND TO THE EAST OF WESTGATE WAY IN THE AREA OF ITS INTERSECTION WITH BURCHSHIRE LANE AND SOUTH OF ANDERSONVILLE LANE FROM SINGLE FAMILY 3 "SF-3" 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 Single Family-Three "SF-3" by virtue of Ordinance 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 Single Family -Three 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 Single Family-Three 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 change 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, described on the attached Exhibit "A", a property proposed to be platted as Westgate Phase II Subdivision in the City of Wylie, Collin County, Texas from "SF-3" Single Family to "PD" 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 Regulations: 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 *Only Lot Affected Lot 17, Block 11 15 feet Minimum Rear Setback 20 feet Minimum Dwelling Size 1,450 Minimum Lot Size 6,700 sq. ft. Minimum Lot Width (at building line) 60 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 the SF-3 zoning district classification, except for the variations from such standard requirements as herein above set forth. SECTION II That 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 ofthe 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, 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 PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this ~d. daYOf~, 1995. \~~1,~,:,\\>";" ':~) !,j i!ft,:f//J... ~:::~~i 0 I"" ~;/.i'%%/. #'A. , ~ ,.""'~ ~..;."' < ,~ iSr~ /,~ ~~ V -~ ( ) By ~ ;::: ~ ~ 'e ~ ~ t"~ .~.' ~ If; ~J ~ '~/L IE, it:."f.~,~~ '1III/II/I/UIIIII\\\\W~'\ ATTEST ~hL.-11/~ Ma~ City Secretary d Approved City Attorney �` `\1 THE WYLIE NEWS P.O. Box 369 Wylie, Texas 75098 �,. . � ,vyv �S � �'�i� 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 forgoing attached .CITy 0� GIyLI� - OncLi.nance No. 95-25; Undi.nance N�. 95-22; Ond,i.v�ance N�. 95-23; Ondi.nance N�. 45-1 �; Und,i.vcance N�: 95-12; Ondi.nance N�. 95-16; tccLi..nance Na. 95-1 ; �nc�i.nance Na . 9 5- 2 0 Oe�obefc. 4 , 1995 and ,1995. �� Chad ngbrock Subscribed and sworn to before me this the day of __ ,1995 to certify which witness my hand and seal of office. _ — ,..✓►� - K M��� pu� ��va� No�ry T � 2` ��. S�t �� pq.2 q'g7 : . � � t C•�� % `� � '�� .� <�' . '+.,�, � Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since 1947 � AN E NO. 95-13 AN ORDI1VqNCL p'F THE CITY OF WYLIE, TBXAS, AMENDING THE ZONING CL FOR 'THE PR�PERT'y pESCRIBED HERE- IIV IH THE CITl' �F WYLIE, COLLIN COUNTY, TEXAS, GEIVERALLY LOCATED ALONG AND TO THE �AST OF VNESTGATE Wpy IN THE �►REA OF ITS INTERSECTION WITH BURCHSHIRE LANE AND SOUTH OF AIVDERSONVILI;E LANE FROM SINGLE FAMILY 3 "SF-3" TO PLANNED �DEVELOPMENT "pp��� AMENDING THE COMPREHENSIVE LONING ORDINANCE, BY AMEND- ING DIS1',�iCT MAP (pRDINANCE �1-12, ORIYINANCE 91-13), ORDI- NAIYCE 84-4, AND REpgAI,ING ALL CONFLICTING ORDINANCES; CO�tTAII�ING A SEVERABILITY ��►t3SE; AND PROVIDING FOit pN E�EC7'IVL DATE. --- 18-1 t-339