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Ordinance 2002-08 ,.I / ORDINANCENO.~ -08 AN ORDINANCE OF THE CfIY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE WNING ORDINANCE OF THE CfIY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE WNING ON THE HEREINAFTER DESCRIBED PROPERTY, WNING CASE NUMBER 2002-01, TO PLANNED DEVEWPMENT (PD) DISTRICT CLASSmCATION; 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 COUNCll., 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, ani~ded by amending the Zoning Map of the City of Wylie , to give the hereinafter descn1>ed property a new zoning classification of Planned Development (PD) District Classification, said property being descn1>ed in. Exln1>it "A", Exlnoit "B" and Exln1>it ''C'' attached hereto and made a part hereof for all purposes. SECTION 2. That an 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 conflict with the provisions of this ordinance be, and the same are hereby, repealed "and all other ordinances of the City not in.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 shan remain in full force and effect. SECTION 3. That the above descn1>ed 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 penahy 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 thereot: other than the part so declared to be in.valid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. This ordinance shall be in rull 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 thereot: 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 ahering any penahy accruing or to accrue, nor as effectin.g 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 of the City of Wylie, Texas, this day of ,2002. By 4i2 {j- J- Jo~ondy, Mayor ATTEST: ~~ Barbara Salinas, City Secretary Exhibit "A" Property Description ZC #2002-01 BEING a tract of land situated in the D.W. Williams Survey, Abstract No. 980 and the Allen Atterberry Survey, Abstract No. 23, City of Wylie, Collin County, Texas, the subject tract being a portion ofa tract of land conveyed to JCM Properties, according to the deed recorded in. Volume 2223, Page 874 of the Deed Records of Collin County, Texas (DRCCT), and all of two tracts ofland conveyed to JCM Partners, L.P. according to the deed recorded in County Oerk File Number 96- 0045039 (DRCCT), being all of the tract ofland conveyed to Vema M. Poor and MichaelR. Poor according to the deed recorded in Volume 4409, Page 2100 of the deed records of Collin County, Texas (DRCCT), the subject tract being more particularly descnoed as follows; BEGINNING at the southeast comer of the subject tract the same being the southwest comer ofa tract of land conveyed to JCM Partners, L.P. according to the deed recorded in County Oerk's File No. 96-0045039 (DRCCT), said comer being in the approximate centerline of Elm Road (County Road 381), a PK nail found at comer, from which a PK nail found bears S 890 16' 31" E, a distance of 600.12 feet; THENCE, along the approximate centerline of said Elm Road, the following; S 890 47' 43"W, a distance of702.14 feet; S 890 14' 56" W, a distance of248.72 feet, from which a 3/8" iron pin. found bears S 890 14' 56" W, a distance of 169.93 feet; THENCE, N 00045' 04" W, a distance of222.62 feet; THENCE, ~round a tangent curve to the left having a central angle of890 21' 38", a radius of 40.00 feet, a chord ofN 450 25' 53"W - 56.25 feet, an arc distance of62.39 feet; THENCE, S 89053' 18"W, a distance of 124.73 feet; THENCE, N 000 28' 32" E, along the east line of a tract of land conveyed to James E. Stone, according to the deed recorded in. Volume 323, Page 484 (DRCCT), a distance of950.05 feet to a 3/8" iron pin found in. the south line of a tract of land Gary Nelson according to the deed recorded in. Volume 4823, Page 2283 (DRCCT), from which an ''X'' in. concrete found bears N 31040' 46" E, a distance of517.00 feet; THENCE, N 890 53' 18"E, along the south line of said Gary Nelson tract, a distance of 1101.59 feet to a 1/2" iron pin found at comer; THENCE, N 00013' 25" W, along the east line of said Nelson Tract, a distance of277.82 feet to a 112" iron pin with a red cap stamped Tipton Eng. Inc. set at the northeast comer of said Nelson Tract and in. the south line of Twin. Lakes Subdivision Phase 1, an addition to the City of Wylie, according to the file plat recorded in Cabinet G, Page 561 (DRCCT), from said iron an "X" in. concrete found bears N 530 50' 06" W, a distance of271.26 feet; THENCE, N 900 00' 00" E, along the south line of said Twin Lakes Subdivision Phase 1, a distance of 1055.87 feet to a 1/2" iron pin. with a red cap stamped Tipton Eng: Inc. set at comer, from which an ''X'' in concrete found bears N 720 04' 49" W, a distance of 520.01 feet; . THENCE, S 000 04' 48" W, along a westerly cutback line of said Twin Lakes Subdivision Phase 1, a distance of279.10 feet to a 1/2" iron pin with a red cap stamped Tipton Eng. Inc. set at comer, from which a 1/2" iron pin. found bears N 770 38' 54" W, a distance of 12.61 feet; THENCE, S 890 55' 12" E, along the south line of said Twin Lakes Subdivision Phase 1, a distance of 132.79 feet to a 112" iron pin. found at comer, said comer being the northwest comer of a tract of land conveyed to Martin. Klingbeil according to the deed recorded in. Volume 369, Page 468 (DRCCT); THENCE, S 09010' 15" W, part of the way along the west line of said Martin Klingbeil tract and part of the way along a tract of land conveyed to Ronny L. Klingbeil, according to the deed recorded in. Volume 2904, Page 141 (DRCCT), passing a 3/4" iron pin. found online at a distance of1216.00 feet and continuing a total distance of 1241.30 feet to the southwest comer of said Ronny L. Klingbeil tract, a PK nail set in. the approximate centerline of Elm Road, from which a 60D nail found bears S 86055' 09" E, a distance of985.30 feet; THENCE, N 880 19' 4T' W, along the approximate centerline of said Elm Road, a distance of380.34 feet to a PK nail set; THENCE, N 89016' 31"W, continuing along the approximate centerline of Elm Road, a distance of 600.12 feet to the PLACE OF BEGINNING with the subject tract containing 2,912,345 square feet or 66.8583 acres of land. Exhibit "B" Conditions (or Planned Development. Zoning Case #2002-01 GENERAL CONDmONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 8.5 District (SF-8.5/I7) are set forth in Article 3, Section 3.3 of the Comprehensive Zoning Ordinance (adopted as ofN ovember 13, 2001) are included by reference and shall apply except as provided herein. SPECIAL CONDmONS: 1. Lot Size a. Minimum Lot area of8,000 square feet b. Minimum lot width of 65 feet 2. Yard Requirements - Main Structures a. Minimum side yard of 6 feet and side yard of comer lots 25 feet when that side yard is on a key lot. A side yard adjacent to a side street shall not be less than 15 feet in all other circumstances. 3. Alley Requirements ~. An alley waiver for the east property line and the north property line as shown on Exlnoit "C". DEVELOPMENT STANDARDS: a. 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