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Ordinance 2015-02ORDINANCE NO. 2015-02 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 -11, FROM PLANNED DEVELOPMENT (PD- 2006 -55) DISTRICT TO PLANNED DEVELOPMENT (PD) DISTRICT — TO MODIFY THE PD CONDITIONS TO ALLOW NO MORE THAN 2 GARAGE DOORS TO FACE THE STREET; 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 Planned Development (PD), said property being described in Exhibit "A" (Legal Description), Exhibit `B" (PD Conditions) 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. Ordinance No. 2015 -02 Amending Planned Development 2006 -55 (PD- 2006 -55), Section IV Specific Regulations Allow no more than 2 garage doors to face the street 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 13th day of January, 2015. Enc Hogue, qayj ATTEST: GOr �e Ca ole Ehrli , City Secretary _ ����•. �r �', DATE OF PUBLICATION: / / /� in co Sp 4V s ®188? m rATe OF TEgA Ordinance No. 2015 -02 Amending Planned Development 2006 -55 (PD- 2006 -55), Section IV Specific Regulations Allow no more than 2 garage doors to face the street Ezbibit "A" Legal DesreipffAM Being a 6126 acre trw of land located in the Allen Atterbary Survey, Abstract No. 23, and a portion pod of a. abed 86.6 acm tract desmbed to S.H. Hood, a: recorded in Volume 291, Page 167, Collin County Deed Records (C.CDXj and being described by meta and bounds as follows; COM E NCI NG at a fcemd 3/8 inch diameter iron rod located on the South line as said Allen Atre rberry Survey, the North fine of the D.W. Williams Survey, Abstract No. 980, the Northeast corner of s tract of land described to Thelma Rice, as recorded in Volume $61, Pap 264 C.CD.R, the Soudms< comer oft. tract of land recorded to To=y 8t Tod Pulliam, as recorded in Volume 4590, Page 1895, C.C.D.R, and the West right -of- way line of F.M. 544 (90' R:OWt as recorded in Volume 568, Page 21, C.C.D.R; TfIENCE North 89 degrees 32 minutes 50 seconds West, along the South line of said Anerbesry Survey and the North line of said Williams Survey, a &Mncx of 648.87 feet W a 518 inch diameter inn rod marboa the POINT OF BECiOWN G and being the Southwest corner of said Puiliaun tract; TI MNCE North 89 degseas 32 minutes 50 seconds West; ooutinuing ak>ng the South line of said Atterberry Survey sad the North live of said Williams Survey, the North line of said Bice tract, the North line of a tract of land described to Darlene R Ceffley, as recorded in Volume 4977, Page 504, C.C.DJL, North line of a mart of brad described to Edwin W. Bfiagbeit as recorded in Vohune 4977, Pap 504, C.C.DR, and the North line of a tract of land detxxml>ad to Robert L.1Klingbek as recorded in Volume 5250, Page 3809, C.C.DR., a distance of 1635.45 feet to a found 112 inch iron rod in concrete being the Southeast corner of the Twin Uk es Phase V subdivision, as recorded in volume 5588, Page 3164, Collin County Plat Records, and maddng the Sout6aroat corner of the hevein desc rVx d tract; nHNCE North 00 degrees 51 nmisames 52 aeoonds Baez, leaving said common mnmon Survey line and along the East line of said Twin Lobes Phase V subdivision a distance of 1405.70 feet to a 518 inch dismoter icon rod being the Northeast owner of said Twin Lakes Phase V Subdivision, and the South fine of a tract of land deaimbed to Steven Combesr, as recorded in Volume 3743, Page 219, C.C.D.R, matkin the Northeast corner of herein described tract; njEKCE South 89 degrees 18 minutes 39 seconds East, along the south lines of said Combat tract, a tract of land denoibed to Jenne Candeatas, as recorded in Volume 4874 Page 1327, C.C.D.R, atract offend dacribed to Martha Sheppard, as recorded in Plat Book 84, Page 338, C.0 D.R., a tract of land described to Tarry and Cass undra Carlisle, as recorded in Vokune 3011, Page 20Z, C.C.D.R., a tract of land des MINd to James Hari = as reowded in Vohrme 5400, Page 2520, C.CD.R., atract of land desaulued to Billy D. Duncan, a tract of had de saibed to James dt Donn Trevino, sa rumded in Volume 4501, Page 1617, C.C.D.R., atcact of land dam-bad to Sandra BaMN06 as recorded in Volume 4761, Page 1510, C.C.D.R, a tract of land desa ad to Clone Famfly Living Trent, as recorded in Voh me 5249, Page 5919, C.C.D1L, a tract of land descry' bed 10 Sam Testy, a tract: of land described to David 8t June Black, as reecofded in 94- 0063489, C.C.DIL, and a tract of land described to Marie & Sheri Linda, as racorded in 93- 0080940, C.C.D.1t., a distance of 1492.50 feet to a found in incb diameter ire rod in a pecan tree, being the Nordrw t corner of a tract of land described to Brent & Beverly Bates, as recorded in 96. 0018275, C.C.DIL, for are North Northeast corm of the herein desaibed tract; THENCE South 02 degrees 39 minutes 12 seconds Bast, along the west line of said Bates tract, a distance of 331.53 he to a set 112 inch (Hameter iron rod with cap stamped "TRY TECH! being the Sou tbweat corner of said Data tract and as interior comer of the herein described tray; THENCE South 89 degrees 27 minutes 31 seconds East, along the south lint of Said Batas tract, a distance 684.24 fed to a set 1/2 inch dWnew iron rod with cap stamped *'M-TECW being the Southeast comes of said Bates rinser and on the West right -of -Way line of said F.M. 544, marking fire East Northeast comer of the havia descrribed tract; MENCE South 02 degrees 37 minutes 38 seconds East, along the West tight- cf-Way line of said F.M. 544, a distance of 179.98 feet to a found 5/8 inch diameter iron rout; MENCB South 04 degrees 02 minutes 47 seconds East, commung along the West right of -way line of said FM 544, a distauce 534.62 feet to a farad 518 inch diameter iron rod being the Northeast corner of said Pulliam tract and marking the East Southeast coiner of herein desmibed uwr, THENCE North 89 degrees 32 minutes 51 seconds West, leaving said right- of-way and along the North line of said Pulliam tract, a distance of 621.02 feet to a found 518 inch diameter iron rod being the Ncr&west comer of said Pulliam tract and an interiuor corner of herein described tract; THENCE South 00 degrm 26 minutes 32 s000nds west, along the west line of said Pulliam tract, a distance of 354.71 "to the POINT OF BECAMING and comamimg 61.26 acres or 2,668,568 square feet. Exhibit "B" Request change in Exhibit "B" of Ordinance No. 2006 -55, Zoning Case 2006 -11 1V. Specific Regulations: 3. Alleys shall not be required as part of this Planned Development. However, no garages shall face the street in front of each Single family Lot. This can be accomplished either through swing driveways or alleys. However, when three car garages are constructed on a lot and a "2 &1" configuration is used, the single car door may face the street. Garages may face the street on a corner lot side yard. Requested addition of the following under IV. Specific Regulations:, 3. However, when four or five car garages are constructed on a lot there may be no more than 2 garage doors facing the street In either a "3 &2" configuration or a "2 &2" configuration. A "3 &1" configuration shall also be acceptable in the construction of a four car garage. All garage doors that face the street shall contain an architectural upgraded door with decorative door hardware. 12 M!1 media ((Tile jfaruret'sbille C1111cs • Murphy Monitor • The Princeton Herald • 7We Sa li,ic News • 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. 2015 -02 was published in said newspaper on the following dates, to -wit: January 21, 2015 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of '2015 to certify which witness my hand and seal of office. fP"Yv, Sonia A. Duggan -.N Commission Expires �ko< 09 -02 -2016 Notary Public in d or The State of Texas My commission expires 7 /� NlurphN SaJ hsc /Wylie ()If 1(,' • 110 N. Ballard • P.O Ros 369 • Wplie.1 X 71098. 972 442 -1551 • lae Q72- -412 --l; IN Farmer,villc; Princeton (41'icc • I01 S plain • }'.(). Rue 5 12 • ParmcrsN ille, I X 75442 • 972- 784.6397 • lac 972..782- 70'_3 e; 4 January 21 -22; 2015 - X Ordh /anmM No. W 2015 -02 An Ordinance of the City of Wylie, Texas, amending the Com- prehensive Zoning Ordinance of the City of Wylie, as hereto- fore amended, so as to change the zon- ing 'on: the hereinafter described proppeerty, Zoning, Case Num- ber 2014 -11, from Planned Development (PD) District - to modify the PD condi- tions to allow no more than 2 garage doors to face the street; pro- viding for a penalty for the violation of this Ordinance; pro- viding for the viola- tion of all Ordinances in conflict; providing a severability clause; and providing for an effective date.