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Ordinance 2001-46ORDINANCE NO.flm (-~ 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 2001-10, TO PLANNED DEVELOPMENT (PD) DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DA TE. 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 I. 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 Planned Development (PD) 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 3 8 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 ofthis 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. DULY PASSED AND APPROVED by the City Council ofthe City ofWylie, Texas, this ___ day of _____ , 2001. . . , Exhibit "A" Property Description ZC #2001-IO Being a tract ofland situated in the Moses Sparks Survey, Abstract No. 849, Collin County, Texas and being part of a 28.5675 acre tract ofland and all ofa 27.4522 tract ofland conveyed to Thomas Mannewitz by deed recorded under County Clerk's File Number 92-0064130, Deed Records, Collin County, Texas, and being more particularly described as follows: Beginning at a capped 5/8" iron rod set on the east line of Lakeside Estates Phase I, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet L, Slide 523, Map Records, Collin County, Texas for the southwest corner of aforesaid 27.4522 acre tract and the northwest corner of Lakeside Estates Phase II, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet N, Slide 41, Map Records, Collin County, Texas; Thence, North 00°24'00" West, along the west line of said 27.4522 acre tract, the east line of said Lakeside Estates Phase I, the east line of Sage Creek Phase V, an Addition to the City of Wylie, Collin County, Texas, according to the plat thereof recorded in Cabinet M, Slide 135, Map Records, Collin County, Texas and the east line of a tract ofland conveyed to Ashton Custer L.L.C. by deed recorded under County Clerk's File Number 98-0008878, Deed Records, Collin County, Texas, a distance of 1113.43 feet to a capped iron rod found for the northwest corner of said 27.4522 acre tract and the southwest corner of said 28.5675 acre tract; Thence, North 01 °23' l 0" West, along the west line of said 28.5675 acre tract and the east line of said Sage Creek Phase V, a distance of 196.50 feet to a 5/8" iron rod found for a re-entrant corner of said Custer tract and a northwest corner of said 28.5675 acre tract; Thence, South 88°00'00" East, along a south line of said Custer tract and a north line of said 28.5675 acre tract, a distance of 99.00 feet to a capped 5/8" iron rod set for a southeast comer of said Custer tract and a re-entrant corner of said 28.5675 acre tract; Thence, North 00° 15' 00" West, along an east line of said Custer tract and a west line of said 28.5675 acre tract, a distance of 395.18 feet to a capped 5/8" iron rod set for the southwest corner of a 29 acre tract ofland conveyed to Ronnie Joe Housewright by deed recorded in Volume 2967, Page 281, Deed Records, Collin County, Texas and the northwest comer of said 28.5675 acre tract; Thence North 89°45'00" East, along the north line of said 28.5675 acre tract and the south line of said 29 acre tract, a distance of 1105. 95 feet to a capped 5/8" iron rod set for comer; Thence, South 07°47' 16" West, a distance of 146.59 feet to a capped 5/8" iron rod set for comer; Thence, South 35°24'34" West, a distance of 175.22 feet to a capped 5/8" iron rod set for comer; Thence, South 00°04' 26" East, a distance of 191. 5 6 feet to a capped 5/8" iron rod set for comer; Thence, South 00°28' 22" East, a distance of 112. 81 feet to a metal fence post on the south line of said 28.5675 acre tract for the northeast corner of said 27.4522 acre tract and the northwest corner of a 27.44 acre tract ofland conveyed to Paul Taylor by deed recorded in Volume 645, Page 470, Deed Records, Collin County, Texas; Thence, South 00° 13 '42" East, along the east line of said 27.4522 acre tract, the west line of said 27.44 acre tract and the west line of a 5.00 acre tract ofland conveyed to Calvin E. Lemmon by deed recorded in Volume 864, Page 279, Deed Records, Collin County, Texas, a distance of 1108.22 feet to a capped 5/8" iron rod set for the southeast comer of said 27.4522 acre tract and the southwest comer of said 5.00 acre tract and being on the north line of said Lakeside Estates Phase II; Thence, South 89°41'35" West, along the south line of said 27.4522 acre tract and the north line of said Lakeside Estates Phase II, a distance of 1074.85 feet to the Point of Beginning and containing 1,818,329 square feet or 41.743 acres ofland. CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT ZONING CASE NO. 2001-10 MANNE\VITZ TRACT General Conditions: 1. This Planned Development District shall not affect any regulation within the Code of Ordinances, except as specifically provided herein. 2. All regulations of SF-8.5 District set forth in Article 2, Section 3.3 A.3 of the Comprehensive Zoning Ordinance (adopted as of July 25, 2000) are included by reference and shall apply except as provided herein. Special Conditions: 1. The side yard setback shall be not less than six (6) feet or ten percent (10%) of the lot width at the building line, whichever is greater, not to exceed ten ( 10) feet, on each side. 2. A side yard adjacent to a street shall be not less than fifteen (15) feet. A side yard on key lots adjacent to a street shall be not less than t\1,enty-five (25) feet. 3. Mandatory Homeowners Association. 4. All open space and landscape to be maintained by the Homeowners Association. Landscaped entry feature with landscaped median. 5. Architectural point standards for SF -8.5 District Zoning will be met. 6. Minimum lot width of 60' at the building line. 7. Minimum lot depth of 100' for lots. -- 8. Average lot size for the overall tract will be approximately 8,500 square feet. 9. There will be no more than forty seven (47) lots with a lot size less than 8,500 square feet. There will be no fewer than ninety seven (97) lots with a minimum lot size greater than 8500 square feet. No lot will be less than 7,200 square feet. I 0. An Amenity ce·nter with pool and playground shall be required, and shall provide trail access to the flood plain. All required parking for the Amenity Center shall be on-site. \\Sk,>r _scrv.:r\1fata_all\clr\OldSys1cm\m>·docu~ I \!I, lanncwi1z-Tom•Barbara' .EXHIBIT.doc