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Ordinance 2005-25 ORDINANCE NO. 2005-25 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 2005-10, TO PLANNED DEVELOPMENT (PD) DISTRICT FOR NEIGHBORHOOD SERVICES RETAIL USES; 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) District for Neighborhood Services Retail uses, said property being described in Exhibit "A", Exhibit "B" and Exhibit "C" 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. Ordinance No. 2005-25 Zoning Change - Zoning Case 2005-10 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 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. DUL Y PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 28th day of June, 2005. "".Ily. ~ () 0 J{{ ",\\\\ 0 ~o~.P,;t, Mayor ", "- --\ ............ y( /~ ~ '- .~. -.. ~~ .:- CJ..- e;;> -. \ . - -:. ~ .It f~,~:~ .. ~ :: . C ~, ,\ L ~ = = : ,)_tj-~ : = ATTEST: -; ~ 1f'---------''jI : ~ Carole Ehrlich, City Sec e ~ \. -.... g - ~ .,,~. .... ~ ~ Ip .Q..... "r-C:J "- Date of Publication in The Wvlie News - July 6. i&tLJ IE, Tt.\~\\\\'" 1/'"\\\ Ordinance No. 2005-25 Zoning Change - Zoning Case 2005-10 Exhibit" A" Legal Description Zone Case #2005-10 ABSTRACT A0716 PATTERSON, WILLIAM, BLOCK 1, TRACT 4, ACRES 1.137 with an address of 2695 Country Club Road in the City of Wylie, Collin County, Texas BEING situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas, and being a resurvey of a called 1.138 acre tract of land described in a deed to Dennis Bell and Dave Bell, of record in Volume 4765, Page 3150, Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a IIz" iron rod found for comer in the south right-of-way line of F.M. Road No. 2514 (Parker Road), at the northwest comer of said 1.138 acre tract; THENCE South 89022'27" East along the south right-of-way line of F.M. Road No. 2514, a distance of 160.10 feet, to a 5/8" iron rod set for comer at a comer clip; THENCE South 45002'08" East along said comer clip, a distance of 72.23 feet to a highway marker found for comer in the west right-of-way line ofF.M. Road No. 1378 (Country Club); THENCE South 00052'13" West along the west right-of-way line of F.M. Road No.1378, a distance of 189.70 feet to a %" iron pipe found for comer at the southeast comer of said 1.138 acre tract; THENCE South 89048'39" West along the south boundary line of said 1.138 acre tract, a distance of208.71 feet to a 5/8" iron rod found for comer at the southwest comer thereof; THENCE North 00005'40" East along the west boundary line of said 1.138 acre tract, a distance of243.16 feet to the PLACE OF BEGINNING and containing 1.137 acres ofland. ABSTRACT A0716 PATTERSON, WILLIAM, BLOCK 1, TRACT 5 ACRES 1.002 with an address of 2675 FM 1378 in the City of Wylie, Collin County, Texas BEING situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas, and being a resurvey of a tract of land described in a deed to Dave W. Bell of record in Volume 5638, Page 579, Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a %" iron pipe found for comer in the west right-of-way line of FM Road No. 13 78 (Country Club), at the northeast comer of said Bell tract; THENCE South 00005'40" West along the west right-of-way line of F.M. Road No. 1378, a distance of 209.06 feet to a 5/8" iron rod set for comer at the southeast comer of said Bell tract, from which a %" iron pipe found for reference bears North 89048'39" East, a distance of 2.16 Ordinance No. 2005-25 Zoning Change - Zoning Case 2005-10 feet; THENCE South 89048'39" West along the south boundary line of said Bell tract, a distance of 208.71 feet to a 5/8" iron rod set for comer at the southwest comer thereof; THENCE North 00005'40" East along the west boundary line of said Bell tract, a distance of 209.06 feet to a 5/8" iron rod found for comer at the northwest comer thereof; THENCE North 89048'39" East along the north boundary line of said Bell tract, a distance of 208.71 feet to the PLACE OF BEGINNING and CONTAINING 1.002 acres ofland. Ordinance No. 2005.25 Zoning Change - Zoning Case 2005-10 Exhibit B Zoning Case No.: 2005-1Q Conditions of the Planned Development District Southwest Comer ofFM 1378 and FM 2514 in the City of Wylie, Collin County, Texas l.137 ACRES with an address of2695 Country Club Rd 1.002 ACRES with an address of2675 FM 1378 A. General Conditions: i. This Planned Development District request shail not affect any regulation found within the Code of Ordinances, unless specifically provided herein. "J AU regulations of the existing Neighborhood Services (NS) Zoning set forth in Section 4. I.A of the Zoning Ordinance (as adopted November, 2001) are included by reference and shall apply as specifically herein. B. Special Conditions: 1. The foUowing uses shall be permitted by right as functions of the po: a. Automobile Repair, Minor b. Car Wash with Attendant (Full Service) _. Club or Lodge (Non-Protlt) d. Food Processing e. General Merchandise or Food Store 5.000 s.f. or less f. General Merchandise or Food Store 5.000 s.f. or more g. Household Equipmem & Appliance Repair h. Motor Vehicle Fueling Station 1. Personal Service Use J. Restaurant with or without Drive-Through Service k. f-'inancial Institution with or without Drive-through Service !. Genera! Office m. Medical Clinic _ n. Dry Cieaning or Laundry, Drop-Off or Self Service (On-Site Dry Cleaning) 2. The following uses shall be permitted with Special Use Permit (SUP): a. Animal Clinic or Hospital b. Automobile Rental c Car Wash without Attendant (Coin Operated) d. Equipment Rental e. Home Improvement Center, Lumber, Brick, or Building Materials 3. The drive-thru service window wili not be located on any wall that is facing public streets 4 The applicant shal1 be in compliance with the existing NS code in every respect with exception to uses indicated in Section S.: and B.2 above. #'0 L '" .,. ....... .' :; ~[]~:, 1 . I. . 1-' ' ',' hoI... 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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 Ord. No. 2005-25, Ord. No. 2005-26, Ord. No. 2005-27, Ord. No. 2005-28, Ord. No. 2005-29 was published in said newspaper on the following dates, to-wit: July 6, 2005 (JJl1L- Chad Engbrock, Publisher Subscribed and sworn before me on this, the (~ day of ~ , 2005 to certify which witness my hand and seal of office. .~;::~"'"",~"",~~'}.-<,qW~.ft;r."'ii~~~,,,~,>>~"IW"~~ "'....ft., p.t,;.., A $ "o~ ~"'-. ,e(, DA L. MOorJEY .' (1Ci:(" . \'h\ 'j I P . ~'j;J.' c',?'''' I' .! r. 0 ary ublic I Statn of T ex8S \.....\ ''''/.pi ~;~/ My Comm. bp 01.02-07 ~~ ~ ~ ;!!~ Notary Public in and for The State of Texas My commission expires 01/02/07 Murphy/SachselWylie 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. Farmersville, TX 75442.972-784-6397. fax 972-782-7023 r-- I Legal Notices Clas~ ORDINANCE NO. 2005-25 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETO- FORE AMENDED, SO AS TO CHANGE THE ZON- ING ON THE HERE- INAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 200S-IO, TO PLANNED DEVEL- OPMENT (PD) DlS" TRICT FOR NEIGHBOR- HOOD SERVICES RETAIL USES; PROVID- ING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVID- ING A SEVERABILITY CLAUSE; AND PROVID- ING FOR AN EFFEC- TIVE DATE. ORDINANCE NO. 2005-26 AN ORDINANCE OF THE CITY OF WYLIE. TEXAS, ADDING SEC- TION 110-21 TO THE WYLIE CODE OF ORDI- NANCES; PLACING RESTRICTIONS ON THE USE, OPERATION OR RIDING OF SKATES, SKATEBOARDS OR SIMILAR NON-MOTOR- IZED ROLLING DEVICES, OR THE PRO- PELLING OF ONESELF OR ANOTHER ON SKATES, SKATE- BOARDS OR SIMILAR NON-MOTORIZED ROLLING DEVICES ON BALLARD STREET AND THE SIDEWALKS ALONG BALLARD STREET BETWEEN HIGHWAY 78 AND BROWN STREET.; PRO- VIDING FOR A PENAL- TY FOR ALL PERSONS ,,,.-,,.. 1-' FEE; PROVIDING FOR THE ISSUANCE AND REVOCATION OF PER- MITS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVID- ING FOR REPEALING, SAVINGS AND SEVER- ABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. ORDINANCE NO. 2005-29 AN ORDINANCE ESTABLISHING A PRO- GRAM RESPONSE ANI) RECOVERY PHASES OF COMPREHENSIVE EMERGENCY MAN- AGEMENT; ACKNOWL- EDGING THE OFFICE OF EMERGENCY MAN- AGEMENT DIRECTOR; AUTHORIZING THE APPOINTMENT OF AN EMERGENCY MAN- AGEMENT COORDINA- TOR; AND PROVIDING FOR THE DUTIES AND RESPONSIBILITIES OF THOSE OFFICES; IDEN- TIFYING AN OPERA- TIONAL ORGANIZA- TION; GRANTING NEC- ESSARY POWERS TO COPE WITH ALL PHAS- ES OF EMERGENCY MANAGEMENT WHICH THREATEN LIFE AND PROPERTY IN THE CITY OF WYLIE, TEXAS; AUTHORIZING COOPERATIVE AND MUTUAL AID AGREE- MENTS FOR RELIEF WORK BETWEEN THIS AND OTHER CITIES OR eoUNTIES AND FOR RELATED PURPOSES; REPEALING CITY OF called a Public Hearing before the Planning and Zoning Commission on Tuesday, July 26. 200S at 7:00 p.m. in the Council Room at City Hall. 120 School Road, Lavon, Texas to receive public comment on an amendment to the Heritage Planned Development amending the Planned Development District No. I Ordinance No. 2004-09-0S District Regulations Section 2.7.2 and Section 3.2.2. A second Public Hearing to consider the same issue will be held before the City Council of the City of Lavon, Texas on Tuesday, August 2, 200S at 7:00 p.m. in the Council Room at City Hall, 120 School Road, Lavon, Texas. 6-1l-391-nc NOTICE OF PUBLIC HEARING PLANNING AND ZON- ING COMMISSION AND CITY COUNCIL An application has been received by the City of Wylie for a: PROPOSED ZONING CHANGE Zoning Case Number: 2OOS-13 Applicant: Ryan Betz with Skorburg Company Location: East side of old FM S44, south of Stone Road Property Description: See Attached - Legal Description Present Zoning: Agriculture (A) Requested Zoning:Planned Development (PD) Proposed Residential Uses This public hearing is held to consider the application as an amendment to the Comprehensive Zoning .. ., .~., -... , 20% or more of the land within the 200 foot notifi- cation area file a wriuen protest prior to the public hearing, state law provides that approval of the zoning change request shall require an affirmative vote of 3/4 of the members of the City Council. The application is on lile for public examination in the Planning Department at 2000 Highway 78 North, Wylie, Texas. For addi- tional information, please contact the Planning Department at 972/442- X IS8. Please reference the zoning case number when requesting information. This facility is wheelchair accessible and handi- capped parking spaces are avai lable. Requests for interpretation services or assistive hearing devices must be made 48 hours prior to the meeting. Contact the Office of the City Secretary at (972) 442-8103, or (TDD) (972) 442-8170 for assistance. Exhibit "A" Legal Description Zone Change #2005-13 BEING a tract of land located south of Stone Road, and west of old FM S44 South and further described as: BEING a 18S.1449 acre tract of land situated in the E.M. Price Survey, Abstract No. 72S, the D.W. Williams Survey, Abstract No. 980, the Nathaniel Atterberry Survey, Abstract No. 1099, and the William Sutton Survey, Abstract No. 860, Collin County, Texas and the E,M. Price Survey, Abstract No. 1114, Dallas Co'lInty, Texas, said tract being all of a 53.42 _H~