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Ordinance 2000-22A ORDINANCE NO. :l.OOO-c29-1J. 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 TO PD, PLANNED DEVELOPMENT DISTRICT CLASSIFICATION; 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 PD, Planned Development District Classification, said property being described in Exhibit "A and B tI 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 38 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 ofthis ordinance. DULY PASS~~ APP~~.oVED by the City Council of the City of Wylie, Texas, this ~ ~ daY'~f]C11311J~"v-', 2000. By John Exhibit "A" SITUATED in the State of Texas, County of Collin and City of Wylie, being part of the Duke Strickland Survey, Abstract No. 841, being the southerly portion ofa 15.296 acre tract ofland owned by the F.O. Birmingham Memorial land Trust, said 15.296 acre tract being part ofa 94.9 acre tract ofland recorded in Volume 3367, Page 230 of the Collin County Land Records with said premises being more particularly described as follows: COMMENCING at a liz-inch iron rod found marking the end of a 4,591.95 radius curve along the west right-of-way line of Sanden Road and the east line of said 15.296 acre tract; THENCE, with the west right-of-way line of Sanden Road and the east line of said 15.296 acre tract, South 03023'25" West, 200.71 feet to a capped liz-inch iron rod set (stamped Roome) marking the POINT OF BEGINNING and northeast comer of the premises herin described; THENCE, with the west right-of-way line of Sanden Road and the east line of said 15.296 acre tract, South 03023 '25" West, 914.51 feet to the southeast comer of said premises in the meanders of Muddy Creek; THENCE, with the westerly line of said 15.296 acre tract and the upstream meanders of Muddy Creed as follows: North 78036'15" West, 122.52 feet; North 14040'30" West, 115.00 feet; North 26036'00" East, 228.60 feet; North 61012'30" West, 203.40 feet; North 32054'55" East, 53.50 feet; North 57034'50" East, 73.30 feet; North 53059'30" West, 135.00 feet; North 12051 '15" West, 108.00 feet; South 73014'40" East, 20.00 feet; North 2go13'15" West, 104.00 feet; North 82034'00" West, 138.00 feet; North 4go00'10" West, 68.50 feet and North 22006'40" West, 52.48 feet to the most westerly southwest comer of said premises; THENCE, with the west line of said 15.296 acre tract, North, 29.99 feet to the northwest comer of said premises from which a capped liz-inch iron rod set for reference on the east bank of said creek bears South 87056'28" East, 11.00 feet; THENCE, with the north line of said premises, South 87056'28" East, passing at 11.00 feet said reference iron rod and continuing for a total distance of 561.78 feet to the Point of Beginning and containing 5.00 acres ofland. Exhibit "B" Zoning Case No. 00-07 Barry Partick West side of Sanden Boulevard and south of F.M. 544 CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT General Conditions: 1. This Planned Development District shall not affect any regulation found within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the I (Industrial) District set forth in Section 20 of the Comprehensive Zoning Ordinance (adopted as of November 12, 1991) are included by reference and shall apply except as provided herein. 3. Development shall be in conformance with the approved Detailed Site Plan. Approval of site plans shall be required for all future development not reflected on the approved Detailed Site Plan. Special Conditions: 1. No uses shall be permitted except the following: Warehouse and enclosed storage Light fabrication and assembly processes Cabinet shop with no outside storage Newspaper or commercial print shop Bakery and confectionery, wholesale Indoor auction with no outside storage Plumbing, heating and air conditioning shops with no outside storage Machine or welding shop Stables, private or commercial 2. No outside storage shall be permitted. 3. All paving shall be concrete and no asphalt shall be allowed. 4. No solid fence or screen wall shall be allowed to the front of the front building line. No wood or chain-link fencing shall be allowed 5. Freestanding signs shall be limited to monument signs, and no pole signs shall be allowed. 6. The approved Detailed Site Plan shall serve as a Preliminary Plat.