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Ordinance 2017-021 ORDINANCE NO. 2017-02 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 2016-13, FROM AGRICULTURAL -30 (A-30) TO SINGLE-FAMILY 10/24 (SF -10/24) TO ALLOW FOR SINGLE-FAMILY DEVELOPMENT ON 5.23 ACRES; 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 fmds 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), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (Zoning Exhibit) 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 2017-02 Zoning Case number 2016-13, from Agricultural -30 (A-30) to Single -Family 10/24 (SF -10/24) to allow for single- family development on 5.23 acres 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 10th day of January, 2017. ATTEST: wiva Jittet Carole Ehrlich, City Secretary DATE OF PUBLICATION: January 18, 2017, in the Wylie News Ordinance 2017-02 Zoning Case number 2016-13, from Agricultural -30 (A-30) to Single -Family 10/24 (SF -10/24) to allow for single- family development on 5.23 acres 1 1 1 EXHIBIT A Property Description (south / annexation) SITUATED in the State of Texas and the County of Collin, being part of the Francisco De La Pina Survey, Abstract No. 688, being all of a called 5.230 acre tract of land conveyed to Odie Hall Living Trust by deed recorded in Volume 5424, Page 4662 of the Deed Records of Collin County, Texas and these premises being more particularly described as follows: BEGINNING at a point for comer in the west line of Kreymer Lane and in the north line of a called 8.96 acre tract of land conveyed to Baby Abraham and Annamma Abraham by deed recorded in Document No. 20130830001232590 of the Deed Records of Collin County, Texas and marking the southeast corner of said 5.230 acre tract, from which a 1/2 inch iron rod found for reference bears South 88°10'56" West, 3.68 feet; THENCE with the north line of said 8.96 acre tract and the south line of said 5.230 acre tract, South 88°10'56" West, 1099.01 feet to a 1/2 inch iron rod found for corner in the east line of a called 21.054 acre tract of land conveyed to William R. Talbert by deed recorded in Document No. 2014111700125200 of the Deed Records of Collin County, Texas and marking the northwest comer of said 8.96 acre tract and the southwest comer of said 5.230 acre tract; THENCE with the east line of said 21.054 acre tract and the west line of said 5.230 acre tract, North 03°24'46" West, 205.70 feet to a 1 inch iron pipe found for comer marking the southwest comer of a tract of land conveyed to Kikuchi Living Trust by deed recorded in Document No. 95-0091053 of the Deed Records of Collin County, Texas and the northwest corner of said 5.230 acre tract THENCE with the south line of said Kikuchi Living Trust tract and the north line of said 5.230 acre tract, North 88°13'47° East, 1103.24 feet to a point for comer in the west line of Kreymer Lane and marking the southeast comer of said Kikuchi Living Trust tract and the northeast corner of said 5.230 acre tract THENCE with west line of Kreymer Lane and the east line of said 5.230 acre tract, South 02°14'05" East, 204.71 feet to the Point of Beginning and containing 5.186 acres of land, more or less. 1 Ce /kd 27454 .suet U26m R fatal Loc At 20/4111TA9115100 LtFW f 226.18' Caged 71.05 Ores EkomleH Hemel !P. exc. 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Befnre me, the undersigned authority, on this day personally appeared Chad iingbroek, 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 Ordinances 2017-02, 2017-03 and 201V-04 was published in said newspaper on the followiqg date(s), January 18, 2017 Subscribed and sworn before me on this, the to certify which witness my hand and seal of office. SONIA A. DUGGAN P.ReiegliNotary Public, State of Texas =•• .0-.7 Comm. Expires 08-18-2020 _ .• vele itigkos Notary ID 130783749 day of ( Notary Public in The State of Texas My commission expires jg , 2017 Murphy/Saclisc/Wyl Office•110 N. Ballard • P.O. Box 369 • Wylie. TX 75008 t 972442-3313 fax 4472-442-43 18 Farrnersville/Prineeion Office • 101 S. Main • P.O. Box 514 • Fartaeriivillc, TX 75442 • 972-784-6307 • fax 972-782-7023 . - - •• Ordinance ' — No. 2017-02 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 Property, Zoning Case Number 2016-13, from Agri- cultural -30 (A-30) To Single -Family 10/24 ; (SF -10/24) to allow for single-family develop- ment on 523 acres; providing for a penalty for the violation of .this ordinance; providing for the •repeal of all ordinances in conflict; providing a severabil- ity clause; and provid- ing for an effective date. 4C January 8- 9, 2017 Ordinance No. 2017-03 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 Property, • Zoning Case Number 2016-14, Commercial Corridor (CC) and Light Industrial (LI) To Planned Development - Commercial Corridor (PD -CC) creating a single commercial lot on 4.904 acres; provid- • ing for a penalty for the •violation of this ordi- nance; providing for the repeal of all ordi- nances in conflict; pro- viding a severability clause; and providing for an effective date. Ordinance • No. 2017-04 An Ordinance of the City of Wylie, Texas, amending the Com- prehensive Zoning Ordinance of the City , j.of Wylie, as hereto- ' ! fore amended, so as to . change: the zon- ing on .the hereinaf- ter described prop- erty, •Zoning Case Number 2016-16, from Planned Development 2015 -11 -Single Fam- ily District (PD2015- 11-SF) To Planned Development 2017-04 -Single Family District (PD2017-04-SF) to al- low a minimum lot size of 7,200 sf on lots 2-9 Block B, lots 13-16 & 19-22 Block C, lots 2-6 & 9-13 Block D, and lots 2-8 Block F; pro- viding for a penalty for the violation of this or- dinance; providing for the repeal of all ordi- nances in conflict; pro- viding a severability clause; and providing for an effective date 37-1t-106li