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Ordinance 2008-18 ORDINANCE NO. 2008-18 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 2008-02, FROM COMMUNITY RETAIL (CR) DISTRICT TO COMMERCIAL CORRIDOR (CC) 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 Commercial Corridor (CC) District, said property being described in Exhibit "A" (Legal Description), Exhibit "B" (Concept Plan), and Exhibit "C" (Development 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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, as the same now exists or is hereafter amended. SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of Ordinance No. 2008-18 Zoning Case 2008-02 - Zoning Amendment Communiry Retail (CR) to Commercial Corridar (CC) 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, nar 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 8th day of April, 2008. `~~~~~~~~~?~,,,s ~ ~ ,~`'`~y o•F. , Mondy, Mayor ~ ~ :t~ aTTEST: : S E~A~L = ~'-,~~y ~ ~ /E y,P Carole Ehrli , rty Secretary ; E~~~`~~ Date of publication in The Wvlie News - April 16, 2008 Ordinance No. 2008-18 Zoning Case 2008-02 - Zoning Amendment Community Retail (CR) to Commercial Corridor (CC) ~ ._,~~w Exhibit "A" Legat Descrip4ion Zone Case #2008~02 Tr~cf 1 BEING a tract af la.nd situated in the Henry L. Dougtas Survey, Abstract No. 2~2, City of Wylie, Collin County, Texas, and being a part of the tract af Iand conveyed to Melvin H. Delaney ~y deed reeorded in Caunty CIerk's File No. 96-0082384, Deed Records, Collin County, Tea:as, and being mare particularly described as follows: Beginning at an iron rod found at the intersection ofthe South line of Alanis Drive with the UVest line of Gotl Road; "~'hence 5 Ol deg 46 min 00 sec W, atong said West Iine, a dista~ce of 134.99 feet to an iron rod set in the Nor~h line af a tract of land conveyed to Pedra Resendiz by deed recorded in CauntyClerk's File No. 95-0078510, Deed ReCOrds, Collin County, Texas; Thence N 89 deg 58 min 00 sec'U~, along said North line and the Narth Iine of a tract canveyed to Jose P. Resendiz by deed recorded in Caunty Clerk's File No. 9G-0076218, Deed Reco.rds, Collin County, Texas, a distance of322.84 feet to an iran rod set for corner; Thence N~1 deg 46 min 00 sec E, alang the remainder af said Delaney tract, a distance of I34.99 feet to an iran rod set in said Sauth line ofAlanis Llrive; Thence S 89 deg S$ jnin ~0 sec E, along said South line, a distance of 322.84 feet ta the Point of Beginning and conta.ining 1.0000 acres of land. Tr:tct 2 BEING a tract of land situated in tha Henry L. Daugtas Survey, Abstract No. 292, City of Wylie, Coltin County, Texas, and being a part ~f the tract of land canveyed to Melvin H. Delaney by deed recorded in Caunty Clerk's File Na. 96-0082384, Deed Records, CoIlin County, Texas, and being more particularly deseribed as fa~losus: Begiuning at an iron rod set in the South line of Alanis Drive from which point the intersection of the VJest line of S. Goll Road with said South line bears S 89 deg 58 min 00 sect E, a distance of 322.84 feet; Thence S 01 deg 46 min 00 sec W, alang the `Nest line of the remainder of said Deianey tract, a distance of 134.99 feet to an iron rod set in the Nor~h line of a tract of laud conveyed to Jose P. Resendiz by deed recorded in Caunty Clerk's File No. 96-007d218, Deed Records, Collin County, Texas; Tbence N 89 deg 58 min 00 sec W, along said North line, a distance of 377.16 feet ta an iron rad set for corner; Thence N O1 deg 46 min 00 sec E, along an East Iine of said Resendiz tract, a distance of 13~4.99 feet to an iron rod set in said South Iine oi Alanis Drive; Thence S H9 deg ~8 min 00 sec E, along said Sovth line, a distance of ~77.16 feet to the Foint ofBeginning and cantaining I.I683 acres, EXHIBIT B CONCEPT PLAN _ - , a ti A ~ ~ ~ ~ , , ~ ~ ~ / , / ~i ~ ~ x~ , ~ ~ ~ ~ a ~ - ~ ~ y ' ~ ~ ~ ~ ~ ~ x ~ =X ~ ~ ~ ~ti ~ ~ . a ~ ~ ~ ~ a ~ B~ ~ ~ ~ ti~~ ~ ~ _ ~ % - ~X w 3 ~ ~ ~ ~ ~ ~ P ? C Y' V ~1~ ~n ~ ~ . X / ~ Y a v ~ - ~ ~ ~ ~ ~ ~ . ~ ~ ~ ~ s i ~ ~ ~ ~ ~ g~' ~ „ _ ; ~ ~ \ ;y; ~ ~ - ~ ~ ' 7 ~ \ ~ ~ ~ , y~; i • ~ i., f:, ~ . ~ ~ / ~ \y\ j~~ , ~ - • ~ ~ j~ . ~ , ~ ~ . < ~ ~ • ~ ~ ~ Exhibit ~~C~~ ~<<uminate Yc>ur 1'~~~~rl~! ? ~ 1 . , ~ ~~1I~~ l a~~ n carc & lai~d tica~e The fallowing is a general overview for development of the 400 Aianis property: • Property is currently 2 sectians, (2 survey plats). Stewart Lawncare & Landscape, (hereafter referred to as SLC&L), will be developing Yhe West half of the property only at this time. The East half of the property, which w~1I remain undeveloped at present, consists of a large home/apartment building. Upon taking possession of the 400 Aianis praperty, SLC&L will be demolishing and hauling offthis structure and all concrete. • The West half of the Alanis property will become the new lo~ation for SLC&L. • Drawing for West half of praperty that will he develoged is to scale. • We will be building a steeUmasonry building to include our office and truck/trailer storage warehouse. • We plan to also have storage bins for aggregates and a wi.nd-resistant greenhouse on the West end of the ~]Vest half that we aze developing. • ZQ% of the West half of the property will became irrigated landscape. • Parking has been allocated at 1 space per 300 sq. ft. for the of~'ice and 1 space per l OQ0 sq ft for the warehouse. • The wazehouse will be 5400 sq ft. • The office will be 1650 sq ft. • The s#orage bay will be 450 sq ft Visie us on the web al www.stewartlawncare.com Email info@stewartlawncare.com 5te~~ ~iri La~« ncai•e & l.andscape P.O. Box 94q507 Plana. Texas 7~094 Voice 972.527.4908 Facsimile 972.~22.8247 Exhibit ~~l.r~~ Illun~inale ~'uL~r ~Voritl! ~ , 'I' ~ ~4 ~ la~~ ~i~.ire 8: l:~ii~l.ca~r • In addition to the wazehouse there will be attached covered par~:ing which will be 1800 sq ft. • The driveway entrance and exit are approximately 140 ft. apart. • Aggregate bins will be 12'x12'x4' and will be constructed of coneret~ block. Visit us on the web al www.stewartlawncare.com Email info@slewarilawncare.com Steti3•urt L.~~ti•ne:ire & L.zndscupe P.O. Box 94Q507 Plano, Tea:~s 75094 Voice 972.5?7.4908 Facsimile 972.42Z.8247 Exhibit ~~Ci~~ ll lun~inat~ Your W~~rl<l! } ~ ~ - ~~'~~V1~I~'~ l:AU n~ are ~L luu~lscap~ Steps necessary to accomplish this objective • Request the property to be re-zaned to Cominercial Corridor If Approved: ~ Finalize property purchase • Engage the company who won the bid to demolish the house and and haul aff the debris and all concrete within 6 months of close of contract. • Submit building plans to the Planning & Zoning Board for approval • Upon approval, commence building • Landscape and irriga~e 20% of the West plat that will be used for the office/warehouse. • Install aggregate bins ~ Install covered parking + Insta.Il greenhouse + Mave in and become an active, thriving member of the Wylie business community **All contingent on the granting and passing of all necessary and proper permits Visit us on the web at www.stewartlawncare.com Email info@stewartlawncare.com Stc~vac•t L.~~cncarc ~ L,andsca~~e P.O. Box 9=10507 Plano, Texas 7~09=~ Voice 972.527.4908 Facsimile 972.422.8247 CS~S Medis, Inc. ~Cl~e ~armergbilCe ~Cimeg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS STATE OF TEXAS ~ ~ ~ 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 - Ordinances No. 2008-18, 2008-19, 2009-20 was published in said newspaper on the following dates, to-wit: Apri116, 2008. Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of , 2008 to certify which witness my hand and seal of office. MARY SWANK : ~~i•"~ `ba%~., Public, State af Taxas _ Notary n ExP1rea pllv Commiesio Q10 ;,w'.~ 5~ptember 22, 2 otary blic in and for e State of Texas My commission expires / ' a' ~ ( ~ ~ ~ q~.y~y ~ 4 *z ~ ~ ~ ~ ~fAY 0 1 %~008 ~ ~ ~ F, , ~ ; ' ~ 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 • Fa~mersville, TX 75442 • 972-784-b397 • fax 972-782-7023 April 16 - 17 , 2008 - C&S MEDIA PUBLICATIONS - Section C- PaSe 3 , pRi?INANCE I NO. ~-18 AN ORDINANCE O~ THE CITY OF WYL~, TEXAS, AMENDING TI~ COMPR~HENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- gpRE pMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPER- Ty, ZONING CASE NUMBER 200$-02, FROM COMMUI~TITY RETAIL (CR) DISTRICT TO COMYvIERCIAL . CORRIDOR (CC) DIS- TRICT; PROVIDING FOR A PENAL'I'Y FOR THE VIOLATIOl~t OF THIS ORDINANCE; PROVIDING FOR T'i3E ~ REPEAL OF ALL ORDI- NANCES IN CONFLICT; PROVIDING A SEVEI~- pBIL,ITY GLAUSE; AND PROVIDING FOR AN gFFEC'TIVE DATE.