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Ordinance 2002-08a ORDINANCE NO. 2002-08A AN ORDINANCE OF THE CITY OF ,vYLIE, TEXAS, AMENDING PORTIONS OF WYLIE'S COMPREHENSIVE ZONING ORDINANCE NO. 2001-48, PASSED AND APPROVED ON THE 31sT DAY OF NOVEMBER 2001, TOGETHER WITH ALL AMENDMENTS THERETO; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie Texas ("Wylie") to amend certain portions of Wylie's Comprehensive Zor.ing Ordinance No. 2001-48, passed and approved on the 31st day of November 2001, together with all amendments thereto; and WHEREAS, these portions to be amended mclude the Residential Exterior Facade Materials of Section 3.4.F.1, the Repetition of Single Family Residential Unit Designs of Section 3.4.F.6 and 7, the Village Residential Front Entry Cover of Section 3.4.F.9, the Village Residential Garage Door Offset of Section 3.4.F.11, the minimum lot size and Dwelling Unit size for the Townhouse (TH) District of Section 3.3.B and Parking Requirements for the Townhouse (TH) District of Section 5.8.C, and certain revisions to' the Land Use Charts (Figure 5-3) concerning permitted uses within the Townhouse District; and WHEREAS, Wylie has complied with all notices and public hearings as required by law; and WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best interest of the citizens of Wylie to amend Wylie's Comprehensive Zoning Ordinance No. 2001-48, together will all amendments thereto as set forth below: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. Findings Incorporated. The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. Amendment of Wylie's Comprehensive Zoning Ordinance No. 2001-48. Wylie's Comprehensive Zoning Ordinance No. 2001-48, together with all amendments thereto, is hereby amended to read as follows: 1. Revise the current requirement of Section 3.4.F.1.2 for Exterior Facade Materials to be expanded to include brick, stone, masonry stucco being 100% exterior, except for wood siding on dormers or others supported by roof structure, be revised to allow other masonry materials such as masonry stucco or hardy plank in the upper story areas mpportcd by the roof structure and when the face of exterior wall is off set at least 2 feet from the first floor wall. 2. Revise the current requirement of Section 3.4.F. 6 pertaining to Repetition of Same Floor Plan and Street Elevation to require skipping 4 lots on the same side of the street on 2 lots skipped on the opposite side of the street before repeating the same elevation and no floor plan repeated side by side; points given for achieving 7 lots skipped before repeating the same floor plan and same street elevation. 3. Revise the current requirements of Se;tion 3.4.F.9 to 40 square feet for Country Residential, 20 square feet for Surburban and 20 square feet for Village Residential with a 5 feet minimum width. 4. Revise the Village Residential Garage Door requirements of Section 3.4.F.11 to define the required offset as 12 inches. 5. Revise the Lot Area for all Townhouse District dwellings to 3,500 square feet minimum except where 3 or more units are attached on zero lot lines the minimum is 3,000 square feet for interior units with no side yards. 6. Revise the Minimum Unit Size for duplex units to 1,000 square feet minimum and 1,200 square feet for all other Townhouse dwellings. 7. Revise the Parking requirements for all Townhouse District dwellings to include two (2) spaces for every dwelling, one of which must be enclosed. All required parking shall be located behind the front building line. 8. Revise the Land Use Tables and remove Single Family Dwelling Detached from the permitted uses under the Townhouse heading in Figure 5-3 Land Use Tables. SECTION 3. 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 4. 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 OI 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 5. 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 6. 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 tiIl'e of passage of this ordinance. DULY PASSED AND APPROVED BYlHE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, on this ~+n day of 'V~ ' 2002. ATTESTED AND CORRECTLY RECORDED: ~~ BARBARA SALINAS, City Secretary , THE WYLIE NEWS c.;ovenng Wylie, Sachse, Murphy and the surrounding area 110 N. Ballard 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 ~ .~. d()o~- 6811- - &1:7 tJ Jrr was published in said newspaper on the following date(s), to-wit: 7~ 19 ,2003, and . 2003. Subscribed and sworn to before me this the _~~__day of -4,L____,2003 to certify which witness my hand and seal of office. ....~-""""'. ADA L. MOoNE;.... Notary Public State ofTexas My Comm. Exp. 01-02-07 ~'L :1 ;JJr~~,~ 7 / Notary The Public State in and of for Te xas My Commission expires C I It,; :L / C ;7 , ORDINANCE NO. 2002-0SA AN ORDINANCE OF THE CITY OF WYLIE. TEXAS, AMENDING PORTIONS OF WYLIE'S COMPRE- HENSIVE ZONING ORDINANCE NO. 200]- 48, PASSED AND APPROVED ON THE ,31ST DAY OF NOVEM- BER 200L TOGETHER WITH ALL AMEND- MENTS THERETO: PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE: PROVID- ING FOR REPEALING, SAVINGS AND SEVER- ABILITY CLAUSES: PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE AND PROVlDl~G FOR THE PUBLICATION OF THE CAPTION HERE- OF. John Mondy, Mayor ATTEST: Aimee Nemer, Interim City Secretary 43-1 t-339