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Ordinance 2002-02 ORDINANCE NO.j)j])L-[):2/ 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 2001-19, TO PLANNED DEVELOPMENT (PD) 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 Planned Development (PD) District Classification, said property being described in Exhibit "A" and Exhibit "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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. DULY PASSED :FVED by the City Council of the City of Wylie, Texas, this !J day of ~002. By John .~::":.... '.', ....'t:;:.<...I '\ /,:"';<,,;'''t, ~ ." ,', r' " l,~' (4;~,j: ~: ( , \ "{'> t c,. ".1__ oJ.~ .:.... "';;;;;:;:,rl./E, 1~~\\..;:~:'" ".'IIIIIII/IIIIIl\\\\\\\\\~ Exhibit "A" Property Description ZC #2001-19 Being a tract ofland situated in the Moses Sparks Survey, Abstract No. 849, Collin County, Texas and being part ofa 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 00024'00" 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 01023' 10" 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 are-entrant corner of said Custer tract and a northwest corner of said 28.5675 acre tract; Thence, South 88000'00" East, along a south line of said Custer tract and a north line of said 28.5675 acre tract, a distance of99.00 feet to a capped 5/8" iron rod set for a southeast corner of said Custer tract and a re-entrant corner of said 28.5675 acre tract; Thence, North 00015' 00" West, along an east line of said Custer tract and a west line of said 28.5675 acre tract, a distance of395.18 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 corner of said 28.5675 acre tract; Thence North 89045'00" 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 corner; Thence, South 07047' 16" West, a distance of 146.59 feet to a capped 5/8" iron rod set for corner; Thence, South 35024'34" West, a distance of 175.22 feet to a capped 5/8" iron rod set for corner; Thence, South 00004'26" East, a distance of 191.56 feet to a capped 5/8" iron rod set for corner; Thence, South 00028'22" 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 ofa 27.44 acre tract ofland conveyed to Paul Taylor by deed recorded in Volume 645, Page 470, Deed Records, Collin County, Texas; Thence, South 00013'42" 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 corner of said 27.4522 acre tract and the southwest corner of said 5.00 acre tract and being on the north line of said Lakeside Estates Phase II; Thence, South 89041'35" 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. Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT ZONING CASE NO. 2001-19 MANNEWITZ TRACT Wylie, Texas 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 ofSF-8.5 District set forth in Article 2, Section 3.3 A.3 of the Comprehensive Zoning Ordinance 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 twenty-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. The Vil~age Residential District point standards for SF-8.5 District Zoning will be met for Village Land Design Requirements and Street and Sidewalk Requirements. The Architectural points requirement will be met, except that the Base Standard for units with same floor plan and same street elevation shall require four (4) lots to be skipped on the same side ofthe street and two (2) lots to be skipped on the opposite side of the street before repeating an identical floor plan with an identical elevation, and the Base Standard shall require a covered front porch to have a minimum of eighteen (18) square feet with a five (5) foot minimum width. 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 8,500 square feet. No lot will be less than 7,200 square feet. 10. An Amenity Center 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. 10. An Amenity Center 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. THE WYLIE NEWS Covering Wylie, Sachse, Murphy and the surrounding area 110 N. Ballard St. P.O. Box 369 Wylie, Texas 75098 972.442.5515 Fax 972.442.4318 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 foregoing attached ublished in said newspaper on the following dates, to-wit: JC\n. l~ , 2002, and ,2002. ~ Chad Engbrock Subscribed and sworn to before me this the 4th to certify which witness my hand and seal of office. day of r- W r LL G r j--, 2002, KATHLEEN S. NOBLE Notary Public State of Texas My Comm. Exp. 03-03-2004 Notary Public in and for The State of Texas My Comnlission Expires Q)Q~ Pat's Painting, Interior/Exterior Brush & Roll Old time craftsmanship Call Pat 972-424-0617 "tln-14H5 AALDON ELECTRIC {;1:NESlS H LICENSED ELECTRICAL CONTRACTORS RESIDENTIAL AND COMMERCIAL WORK 972-864-4150 www.aaldonelectriceo.com .36-ll-1761 DALE HOLMES Roofing Co. & Painting Co. Specializin~ III Roofing & Remodeling l'alllting - !ntenors & Exterior 'Acoustic & TextUlt Work' Over 23 yn; exp 972-342.3154 tf-1799 EXPERT BRICK REPAIR Cracked house walls, fireplaces, etc. Mortar color matched. . 35 years experience . FREE estimates Howard Mitchell 972-636-3201 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- '7r'''TTl'I.Tn r ^ <;;:P Public Notice ATTEST: BARBARA SALINAS, CITY SECRETARY 34-lt-339 i-~ ORDINAN E NO. 2002-02 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 2001-19, TO PLANNED DEVELOP- MENT (PD) DISTRICT CLASSIFICATION; PRO- VIDING FOR THE REPEAL OF ALL ORDI- NANCES IN CONFLICT; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF' WYLIE, TEXAS, THIS 8TH DAY OF JANUARY, 2002. JOHN MONDY, MAYOR ATTEST: BARBARA SALINAS, CITY SECRETARY 34-lt-339 ORDINANCE NO. 2002-03 AN ORDINANCE OF 'T'1-lP rT'T'V nl=' WVT IF.. Public Notice REPEAL OF ALL ORDI- NANCES IN CONFLICT; PROVIDING A SEVER- ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS 8TH DAY OF JANUARY, 2002. JOHN MONDY, MAYOR ATTEST: BARBARA SALINAS, CITY SECRETARY 34-lt-339 ORDINANCE NO. 2002-04 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING A 68.11 ACRE TRACT OF LAND OUT OF THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1384, DALLAS COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE- DESCRIBED TRACT OF Public Notice LAND SHALL BE ENTI- TLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPT- ED; PROVIDING FOR A PENALTY FOR A VIO- LATION OF THIS ORDI- NANCE AND COMPRE- HENSIVE ZONING ORDINANCE NO. 2001- 48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDI- NANCE; AND PROVID- ING FOR THE PUBLI- CATION OF THE CAP- TION THEREOF. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, THIS 8TH DAY OF JANUARY, 2002. JOHN MONDY, MAYOR ATTEST: BARBARA SALINAS, CITY SECRETARY 34-lt-339 Wellness Opportunities Group You've heard about us on