No preview available
Ordinance 2001-28 ORDINANCE NO.~Wl-~ 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 2001-07, 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 ofthe 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" 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 of this ordinance. DUL Y PASSED ~ROVED by the City Council of the City of Wylie, Texas, this JJjh day of , 2001. ATTEST: Barbara ~:hn~ gaY~ - & r---"'~-~ .... r .. EXHffiIT "A" BEING a tract ofland in the William Patterson Survey, Abstract No. 716, situated in Collin County, Texas and being a part of that certain 199.22 acre tract of land conveyed to AJ. Daugherty and wife, Johnnie M. Daugherty by deed recorded in Volume 555, Page 68 of the Real Property Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point of the West right-of-way line ofF.M. Road No. 1378 (90.0 feet wide), said point being South 01 degree 41 minutes 41 seconds West, 260.0 feet from the Southeast comer of that certain 10.0 acre tract of land conveyed to Matthew M. Butschek by deed recorded in County Clerk Document No. 97-0001744 of the Real Property Records of Collin County, Texas; THENCE, along said West right-of-way line ofF.M. Road No. 1378 as follows: South 01 degree 41 minutes 41 seconds West, 176.87 feet to an angle point; South 01 degree 15 minutes 52 seconds West, 844.50 feet to the Southeast comer of said 199.22 acre tract, said point being in the centerline of County Road No. 298; THENCE, North 89 degrees 23 minutes 44 seconds West, along said centerline of County Road No. 298 and the South line of said 199.22 acre tract, 639.36 feet; THENCE, North 01 degree 15 minutes 52 seconds East, l022.33 feet; THENCE, South 89 degrees 18 minutes 30 seconds East, 640.68 feet to the PLACE OF BEGINNING, and CONTAINING 15.00 acres ofland, more or less. EXHffiIT "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Wylie United Methodist Church Country Club Road (FM 1378) at McMillen Road (CR 298) 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 ofSF-10 District set forth in Article 3, Section 3.2, C.3 of the Comprehensive Zoning Ordinance (adopted as of July 25, 2000) are included by reference and shall apply except as provided herein. SPEOAL CONDITIONS 1. Height of structures shall be limited to 60' . 2. Exterior walls which face directly or within 45 degrees of a property line shall be composed of a minimum of 25% primary masonry product, a maximum of75% secondary masonry product, and no more than 20% other non-masonry materials, excluding doors, windows and window walls. Primary masonry shall mean brick, stone, form-decorated tilt concrete wall, form-decorated concrete block or veneer simulations of these materials. Secondary masonry shall mean exterior insulation finish systems of natural aggregates and synthetic binders having a minimum applied thickness of % inch, or glass block. The Building Official may approve a masonry alternate when such material has a masonry appearance and is demonstrated to be as durable as exterior unit masonry materials. 3. Three monument signs may be permitted. One at the corner of FM 1378 and McMillen, and one at each entry to the property from FM 1378 and from McMillen. 4. Minimal roof slope shall be 3: 12. 5. Only the following uses shall be permitted: A. Church related activities to include, but not limited to: Worship Christian Education Youth and Children's programs Day Care Church Recreation Church Administration Pre-School Christian School B. Meetings and activities of non-profit community oriented groups as approved by church trustees. rliI-IE WYLIE NEWS Coverlnll lV,lle, Sad.se, ~llIrl,I.,. allll tI.e surrollndlnll atell 111I N, 1J:111:1I(.1 St. 1'.( J. II,,~ ~(jl) W}'lir. Ic:otll~ 7.5IJYR (972) 442-5515 rnx (972) 442-4-" 8 STATE oti' TEXAS COUNTY oti' COLLIN Uero.'e me, the ullderslgned outhol"lty. Oil tilts day persollally appeared tillld EtlglJtock. of TilE WYLIE NEWS, n nem;l'"per I'egulnrly lJUbUshed jli.ColUII CuulIly.1exas aud hnvtug gelleral circulatloll I.. Colllri COUllty, 'Jbns, who belllg by IlIe duly ~nvorli del,osed nlld says thlit the toregobig aUncbed ~ nns lJubllsl ed III snld lIen'SIJOl,et 0 ~<#:/:200( ;LJ> he tollo\vlllg dates. lo-wlt! ,~~~ . 20tH', nlld . 2001 ~ Subscl"lbed nlld 5\\'01"11 to before lIIe thIs the 2-rR 10 c:et"lIrJ' ,,.h'elt witness my hDnd and seat ot office. day of (()~ ,2001 Notary Public j.. oud Co.. The Stote of 'texas 1\1y COlllluJsshH. ExpIres .3J 3) OL/ . l'IIE WYLIE NEWS f;;;;;;;i;;g'Wyilc;s;;a;;~ftft;;.r~li'.e slIrrolllllling nrcn IIIIN. BallmdSI. 1'( J. 110'( .'CiY Wylie. Tcxn~ 7.5098 (972) 442-55' 5 rnx (912) 442-43' 8 STATE OF TEXAS COUNTY OF COLLIN Before me, lhe ullderslglled authority, Oil this day persollally appeared Chad Ellgbrock, of THE WYLII~ NEWS, a lIewsl'aper regularly published In Collin County, Texas alld having general drculatlonln Collin COUllty, Texas, who being by me duly sworn deposed and says that the foregoing nUached ?)d.-/l_ - Grd. :lOG' - ~6 nas published In said newspaper on the following dates, to-wit: .':,:.t:' tLLp+- . .~ Lo , 2001, and , 200t . ~ Chad Engbrock SuhRcrlbed and sworn to before me this the .1.th In cet"lIf)' ,,'h'eh witness my hand and seal of office. day of ern. O~ , 2001, My Commission Expires rtA C5p~J-l ORDINANCE NO:-' 2001-28 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 2001-07, TO PD, PLANNED DEVEL- OPMENT DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES IN CONFLICT; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. JOHN MONDY, MAYOR ATTEST: BARBARA SALINAS CITY SECRETARY ~8-lt-339