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Ordinance 2009-17 ORDINANCE NO. 2009-17 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 2009 -02, AGRICULTURAL (AC-30) DISTRICT TO SINGLE FAMILY (SF- 10/24) DISTRICT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; 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 Single Family 10/24 (SF- 10/24) District, said property being described in Exhibit "A Exhibit "B" (Development Plan), and Exhibit "C" (Development Standards), 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 1.5 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 Ordinance No. 2009 -18 Zoning Case 2009 -02 Zoning Change AG -30 to SF 10/24 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 AND APPROVED by the City Council of the City of Wylie, Texas, this 9th day of June, 2009. Eric Hogue, Mayo ATTEST: 4 4 OF Ill role Ehrli ecretary Orr& 11111100404; 4LA W A1 111 "414 7 Date of publication in The Wylie News June 17, 2009 atior i Ordinance No. 2009 -18 Zoning Case 2009 -02 Zoning Change AG -30 to SF 10/24 1 a 1 4 2 1. C i 2 1! '12 Z M imig* i n ta tII diniii lumen N. 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LOCATION Exh "A" LOC ON MAP ZONING CASE #2009 -02 Exhibit "A" Legal Description Zone Case #2009 -02 LEGAL DESCRIPTION WHEREAS, GEE DEVELOPMENT SERVICES, INC., is the owner of a tract of land situated in the Allen Atterberry Survey, Abstract No. 23, in the City of Wylie, Collin County, Texas and being part of a 6.998 acre tract, as described in Volume 1731, Page 385, in the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING, at a %x inch iron rod found at the northeast corner of said 6.998 acre tract, being in tho south Rne of Twin Lakos Subdivision Phase 1, on addition to the Zity of Wylie, as described in Volume G, Pogo 561, in the Atop Records of Collin County, Texas, also being the most northerly northwest corner of Southbrook Phase 11, an addition to the City of Wylie, as described in Volume 2006, Pages 566 -567, in said Map Records; THENCE, South 00°11'06" East, along the west line of said Southbrook Phase 11, for a distance of 277.49 feet, to o 'h inch iron rod found at the southeast corner of said 6.998 acre tract: THENCE, South 89°53'37" West, along the south line of the 6.998 acre tract, passing a 1/2 inch iron rod being the most westerly northwest corner of said Southbrook Phase II, also being the most northerly northeast corner of Southbrook Phase 1, an addition to the City of Wylie, as described in Volume P, Page 987, in said Map Records, and continuing for a total distance of 1048.34 feet, to a 1/2 inch iron rod found: THENCE, North 00°01'55" West, departing said south line, for a distance of 278.83 feet, to a t Y2 inch iron rod found at the northwest corner of the 6.998 acre being in the south line of said Twin Lakes Subdivision Phase 1: THENCE, North 90°00'00" East, (long the north line the 6.998 acre and the south line of said Twin Lakos Subdivision Phase 1. for a distance of 1047.60 feet, to the POINT OF BEGINNING and containing 6.652 acres of kind. .d1 RAJ barcn IIM I N I t. 1 I ITi �i I 3� lii .00S 1 1 1 I a d C.4 I 14 liAn I 1 I/ 9 i 1 j r ,C1 j I 1 i I I Qj I I 0 010 w (M'0'aO IMO 1'IVH I N o I 4 I-- I 1-- I ',c-i 9 I g I 1 c i I I si I o _I_ ____1,, 1 h m I .r O p A I I 1 m o m 9■ 1---/_- ..4. --i :1 :8 S1/4..4 O Lb q r- t 2 2 s> s� I I Q 7 o sA L I O lia CIA09::"• R ac Jc I o 0 l I I1 �p� O {O� DI I 171 i I Cp 4k !i •y O 1 52 I I 1 p n A I J i$ a I g I N (74'011 sOfD ma aQ04 7 A I I 1/ 0 t 51 3ARIO z __I. I 4f I T I I I IR 1 I 1 at Alt I 1 .99 61 Z M��i'O�Z .00N I I -1 1 1 V 3 1 --4 I EXHIBIT "C" The Development will comply with the current SF 10/24 development standards except as follows: DEVELOPMENT REGULATION SOUTHBROOK PHASE III Lot Area minimum 10,000 sf Lot Width minimum (feet) 89 Minimum Square Footage 1957 sf Side Yard Corner Lot (feet) 15 Rear Yard (feet) 20 Fencing All fencing to be steel post with 8 ft max height Landscaping Both front and back yards will be installed with turf grass sod. Each lot will have 2 trees and 10 shrubs. An automated irrigation system will be installed. Conservation /Sustainability Certified by USGBC or LEEDS for energy and water. House Numbers Lighted front wall plaque Exterior Facade Material 100% brick, stone or masonry stucco, with 20% stone or decorative brick accent. Chimneys Enclosed with masonry matching exterior walls and capped with 40% stone to match the house. Roof Materials Architectural -grade overlap shingles, tile or standing seam metal, no wood shingles. Garage Entry No doors facing Primary Street Outdoor Lighting Front entry and drive garage illuminated by standard porch light. Building Bulk Articulation Min. 25% of street facade offset min 2ft, min. 60% total area on 1st floor of two story Porch -Front 60 square feet or larger covered front entry. Roof Pitch 8:12 min. Roof Eaves No wood Fascia or soffit. Repetition of Floor Plans and Elevations 7 lots skipped on the same side of the street before repeating similar floor plan and elevation. 4 lots skipped opposite side of street and no identical or flipped floor plans side by side or directly across the street. Fence Board on board fencing. Mail box Paired at lot line and incorporate stone to match house. C&S Media, Inc. farmerslnite Tirne9 Murphy Monitor The Princeton Herald The Sachse News THE WYLIE NEWS STATE OF TEXAS C COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher 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 City of Wylie Ordinance 2009 -17 was published in said newspaper on the following dates, to -wit: June 24, 6007_ Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of 2009 t, to certify which witness my hand and seal of office. Notar y Public M and for The State of Texas My commission expires RECEIVED JUL 0 2 2009 �,�p a Sonia A Duggan My Commission Expires FINANCE 03,. :4? 09/02/2012 Murphy /Sachse/Wylie Office 110 N. Ballard P.O. Box 369 Wylie, TX 75098 972-442-5515 fax 972 -442 -4318 Farmersville/Princeton Office 101 S. Main P.O. Box 512 Fannersville, TX 75442.972- 7846397 fax 972 782 -7023 June 24 25, 2009 3A lei@ 2169, -11 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CI;rY 00 wYuE, AS HERETO E AMENDED, AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROP ERTY, ZONING CASE NUMBER 2009 -02, AGRICUL- TURAL (AG -30) DISTRICT TO, SIN GLE- FAMILY (SF 10/24) DISTRICT PROVIDING FOR A, PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PRO- VIDING A SEVER ABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. w Erie Hogue, Mayor ATTEST: Carokairlieh- City Secretary 6 -It- 339 -41