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Ordinance 1990-22 ORDINANCE NO. ftJ;j ~ AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5), TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of Mark Kerstein for Twin Oaks Homes should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l.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 district classification to-wit: PLANNEO D~.W..MIDU.~L~:[:-)_.____.~._.___.___ Said property being described as follows: See attached (1) Side yard - provide a zero side and six feet between buildings. (2) Lot area - allow for a minimum lot area of four thousand squar~ feet. (3) Lot width - allow a minimum lot width of forty feet. 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2.That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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.That 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 decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5.That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be fined an amount not to exceed the maximum established by State Law, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6.It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases provides. THE CITY COUNCIL 27th day of OF THE CITY OF WYLIE, NQvembgr DULLY TEXAS, 199..!L- PASSED this BY the ATTEST: " / /1 /,/ " . . EXHIBIT "A" 'JOL 1960rA:l912 SITUATED in the State of Texas, County of Collin, in the E. C. Davidson Survey, Abstract No. 266, and being part of a called 30 acre tract of land described in a deed from Cliff E. Huddleston et ux, to A. D. Boyd, as re- corded in Volume 671, Page 720 of the Collin County Deed Records, and being more particularly described as follows: COMMENCING FOR REFERENCE at ,the Southwest corner of the said called 30 acre tract in the North line of F. M. Highway No. 544 (50 feet wide); THENCE with the West line of the said called 30 acre tract, North 00 41' 48" West, a distance of 1939.30 feet to a point in the North line of said tract; THENCE with the North line of said tract, North 880 03' 37" East, a distance of 363.90 feet to the PRINCIPLE PLACE OF BEGINNING for the herein described tract; THENCE continuing with the North line of the said tract, North 880 03' 37" East, a distance of 370.00 feet to the Northeast corner thereof; THENCE South 00 37' 46" East, a distance of 957.01 feet to a point in the North line of the St. Louis & Southewstern Railroad (100 feet wide); THENCE with the North line of said railroad, South 840 19' 55" West, a distance of 370.18 feet to a point therein; THENCE North 00 41' 48" West, a distance of 981.06 feet to the principle place of beginning and containing 357,903 square feet or 8.216 acres of land. , ..~~~.?<~.";';~:.:.,, .;,:;>,.~~ EXHIBIT "An Vl:l1960F~_.l964 SITUATED in the State of Texas, County of Collin, in the E. C. Davidson Survey, Abstract No. 266, and being part of a called 30 acre tract of land described in a deed from Cliff E. Huddleston, et ux, to A. D. Boyd, as recorded in Volume 671, Page 720 of the Collin County Deed Records, and being more particularly described as follows: COMMENCING FOR REFERENCE at the Southwest corner of the said called 30 acre tract in the North line of F. M. Highway No. 544 (50 feet wide); THENCE with the West line of the said called 30 acre tract, North 00 41' 48" West, a distance of 934.49 feet to a point in the North line of the St. Louis & Southwestern Railroad (100 feet wide) and the PRINCIPLE PLACE OF BEGINNING for the herein described tract; THENCE continuing with the West line of the aforementioned tract, North 00 41' 48" West, a distance of 1004.81 feet to a point in the North line of the aforementioned tract; THENCE with the North line of the said called 30 acre tract, North 880 03' 37" East, a distance of 363.90 feet to a point therein; THENCE South 00 41' 48" East, distance of 981.06 feet to a point in the North line of the said railroad; THENCE with the North line of the said railroad, South 840 19' 55" West, a distance of 365.19 feet to the principle place of beginning and containing 361,243 square feet or 8.293 acres of land.