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Ordinance 2014-23ORDINANCE NO. 2014-23 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 2014 -03, AMENDING PLANNED DEVELOPMENT 2005 -24, SECTION X TRANSITION ZONES; TO CREATE A THIRTY FOOT COMMON AREA LANDSCAPE BUFFER AND AMEND THE MINIMUM LOT SIZES OF SEVEN (7) LOTS ALONG THE NORTH PROPERTY LINE OF BRADDOCK PLACE PHASE 3. 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 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 classification of Planned Development for Single - Family Development, said property being described in Exhibit "A" (Legal Description), Exhibit "B" (PD Conditions), and Exhibit "C" (Concept Plan) 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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, Ordinance No. 2014 -23 - Zoning Change - Amending PD 2005 -24, Section X Transition Zones -30' Common Area Landscape Buffer & Amend Minimum Lot Sizes of 7 Lots along the North Property Line of Braddock Place Phase 3 Page 1 of 2 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 AND APPROVED by the City Council of the City of Wylie, Texas, this 20' day of June, 2014. ATTEST: /L Carole Ehrlicv , ' y Secretary DATE OF PUBLICATION: July 2, 2014 in the Wylie News Eric Hogue, Mayor OF \TATS+ OF TE�� Ordinance No. 2014 -23 - Zoning Change - Amending PD 2005 -24, Section X Transition Zones -30' Common Area Landscape Buffer & Amend Minimum Lot Sizes of 7 Lots along the North Property Line of Braddock Place Phase 3 Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION BEING, a tract of land situated in the D.W. Williams Survey, Abstract No. 980, in the City of Wylie, Collin County, Texas, being out of a 185.1449 acre tract, as described in Clerks File No. 20060119000079810 in the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING, at a 5/8 inch iron rod found in the west line of said 185.1449 acre tract also being the northwest corner of Wally W. Watkins Elementary School, an addition to the City of Wylie, as described in Volume 2010, Pages 247 -248, in the Plat Records of Collin County, Texas, same being in the east line of a 14.000 acre tract, as described in Volume 5863, Page 2007, in said Deed Records; THENCE, North 00 °43'49" West, along the west line of said 185.1449 acre tract and the east line of said 14.000 acre tract, for a distance of 641.35 feet, to a '/z inch iron rod set at the northwest corner of said 185.1449 acre tract, being in the south line of a 13.330 acre tract, as described in Clerks File No. 20060919001346100 in said Deed Records; THENCE, North 90 °00'00" East, along the north line of said 185.1449 acre tract and along the south line of said 13.330 acre tract at 573.99 feet, passing a 5/8 inch iron rod found being the southeast corner of said 13.330 acre tract and the southwest corner of a 5.180 acre tract, as described in Clerks File No. 00-0008111, in said Deed Records, and continuing for a total distance of 1220.11 feet, to a'' /z inch iron rod set at the southeast corner of said 5.180 acre tract and the northeast corner of said 185.1449 acre, same being in the west line of F.M. 544 (90' R.O. W.); THENCE, South 04 °31' l 9" East, along the east line of said 185.1449 acre tract and the west line of said F.M. 544, for a distance of 211.90 feet, to a % inch iron rod set at the point of curvature of a curve to the right, having a radius of 2819.79 feet, a central angle of 04 °57'44 ", and a tangent of 122.18 feet; THENCE, continuing along said east and west lines and with said curve to the right for an arc distance of 244.22 feet (Chord Bearing South 02 °02'28" East — 244.14 feet), to a %z inch iron rod set; THENCE, South 00 °28'41" West, continuing along said lines, for a distance of 196.39 feet, to a '/2 inch iron rod set at the northeast corner of said Wally W. Watkins Elementary School; THENCE, North 89 °31' 19" West, departing said west and east lines and with the north line of said of Wally W. Watkins Elementary School, for a distance of 1235.70 feet, to the POINT OF BEGINNING and containing 18.322 acres of land. Exhibit "B" CONDITIONS FOR PLANNED DEVELOPMENT DISTRICT Braddock Place Zoning Case #2014 -03 (As Amended And Approved By City Council) X. Transition Zone: In an effort to make a land use transition from the existing homes in the Twin Creek Ranch Subdivision, the developer shall establish an edge, one lot deep, of lots along the south western property line of this development that have a minimum lot size of 10,000 square foot. In an effort to make a land use transition from the existing Pulliam residence north of the Property, the developer shall: (1) establish an edge, one lot deep, of lots along the northern property line of this development that have a minimum lot size of 13,500 square foot, (2) create a thirty foot (30') common area landscape buffer lot ( "Landscape Buffer Common Area ") between the Pulliam property and Braddock Place that will be planted with evergreen trees thirty feet (30') on center along the edge of the property and which will be owned and maintained by the Homeowners' Association, and (3) before occupancy of a single family dwelling on a lot with a real yard that abuts the Landscape Buffer Common Area, the homebuilder will install along the rear lot line of that lot tubular steel fencing along the area, as depicted on Exhibit "C" attached hereto. All perimeter lots throughout the remainder of the development shall be a minimum of 10,000 square feet. Exhibit "C" Illustration of Location and General Style of Tubular Steel Fencing DALLAS _1 /6265494v.2 19719 -53 03/27/2014 EXFHBIT "C 11 4a�16su`anxn` alw[�r aarf ru wrceoawotuloo n[ps [ w.00•soa[IT �Of r RW a •"mow a+a. M CC OWE 020.1t nalw itItP j 1 1 M+( a a a Sf1l[P w R _ _1 lY R - t leA�`� K » II INNER Nov O3.00'oi- 2ii9.T�' 121.12 2<6.09' ti6.01' 502.01'/9'E S E i 1 1 1 „� • lx9•nm -r u r4• llikkfls lk- tMk NXWTCH (B(�GpQn.�LLae�tac��1 e1 b1��ai'p�f F p11.1T A�n(ra•�r1• tib !Mfi N QW� N t� 2i7[01■COMAlD i. W [ q iH{�wtl4 N CWi [aMl. (�� bfi � Nra'J+1! hadtN a 1:4rs K[rPMM l j1 YD. M rea nre F H m1 W at lil tSS. ■Ia wf ►ret.0 N rua ^�ali M �I l! � TYY}T [mss 5a fsaa �[m edlbl b N dt� e/ Tr4,_ LwIIS O3.00'oi- 2ii9.T�' 121.12 2<6.09' ti6.01' 502.01'/9'E S E i 1 1 1 r cs T'be arunrsbilir cruurs • 'Murphy Monitor • The Princeton Herald 7d•Sachsc Nexus THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba 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 No. 2014 -23 was published in said newspaper on the following dates, to -wit: July 2, 2014 lot= Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of , 2014 to certify which witness my hand and seal of 't Sonia A. Duggan boa �mmission Expires 09 -02 -2016 Notary Public Wddd for The State of Texas My commission expires Murphy'Sachsv /WNIic 0II "icc -I ION. Mallard • IV). Box 369 - Wplic..1_N 75098 -972-442 -5515 - fas 972 - 142.3318 I�armersailk:/Princeum Office • 101 S. Main • P.O. Box 312 • 1 armersviIle,TX 754-12 • 972 784 -6397 • fat 972 782- 70'2'.1 July 2 -3, 2014 ORDINANCE NO. 2014-23 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDI- NANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DE- SCRIBED PROPER- TY, ZONING CASE NUMBER 2014- 03, AMENDING PLANNED DEVEL- OPMENT 2005 -24, SECTION X TRAN- SITION ZONES; TO CREATE A THIRTY FOOT COMMON AREA LAND- SCAPE BUFFER AND AMEND THE MINIMUM LOT SIZES OF SEVEN (7) LOTS ALONG THE NORTH PROPERTY LINE OF BRADDOCK PLACE PHASE 3. 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 PROVID- ING FOR AN EF- FECTIVE DATE. 8 -1t -97 -339