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Ordinance 2005-30 ORDINANCE NO. 2005-30 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- 05, TO PLANNED DEVELOPM (PD) DISTRICT ALLOWING FOR SINGLE-FAMILY RESIDE ~ S; PROVIDING FOR THE REPEAL OF ALL ORDINANCE ; PROVIDING A SEVERABILITY CLAUSE; AND P FECTIVE DATE. WHEREAS, ~' mng Commission an ~0 \0 f the City of Wylie, Texas, in com \ 'e\ laws of the State ofT ~~amendment of the Comprehensive Zon r mance, have given t lication and otherwise, and after holding due he mgs and affording 1 1 property owners generally arid to owners of the affected property, th go is of the opinion and finds that the Comprehensive Zoning Ordinanc ap 0 NOW, THERE wnIE~ That the Comprehensive hereby, amended by amendi t property a new zoning c i tI residential uses, said pr ~ hereto and made a part he TYOF ~. ~~~~e, Texas, be, ~d the same is . )\~ity of Wylie, to give the hereinafter described evelopment (PD) District, allowing for single-family ed in Exhibit "A", Exhibit "B" and Exhibit "C" attached urposes. 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 2005-30 Zoning Case 2005-05 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. @ ~ Should any paragraph, sen ~ause, phra ~s ordinance be adjudged or held to be unco~s . i r invalid, the ct the validity of this ordinance as a whole or an ~ . on thereof, ot so declared t~' nvalid, illegal or unconstitutional, an I. ~ n affect the va~\ ~ ehensive zon~ ce as a whole. \0 %~ S ION 6. 1k~ This ordinance shall be(06~ ~e d effect fro aM (\>ptlOn by the City Council and publication Of: ~ ~~d the City C ovi~CUcases. The repe~ ordinan , by tbe enactment of this Ordinance, shall not be construed as abandoning any . 0 ng under or by virtue of such ordinance; nor shall it have the effect of discontinuin 'Ie. odifying or altering any penalty accruing or to accrue, nor as effecting any rights of the m ity 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 9th day of August, 2005. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of Publication in The Wvlie News - August 17,2005 Ordinance No. 2005-30 Zoning Case 2005-05 onds East, 197.02 feet along a north line of said 34.872 THENCE North 87 degrees 46 minutes 54 seconds East, 1788.79 feet to a !;2"iron rod found at the northeast comer of said 34.872 acre tract, said point being in the west line of a tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records, said point being in the west line of a 50 foot wide private street; THENCE along the east line of said 34.872 acre tract as follows: South 02 degrees 35 minutes 39 seconds East, 478.76 feet to a !;2 inch iron rod found for comer, said point being in the west line of said Matter tract; South 02 degrees 20 minutes 38 seconds East, 305.94 feet to a one inch iron pipe found at the southeast comer of said 34.872 acre tract, said point being the northeast comer of said 14.760 acre tract, said point being in the west line of that 1.657 acre tract ofland conveyed to Martha S. Rosemond as recorded in Volume 3304, Page 82, Collin County Deed Records; Ordinance No. 2005-30 Zoning Case 2005-05 THENCE South 02 degrees 13 minutes 15 seconds East, 328.99 feet to a W' iron rod found at the southeast comer of said 14.760 acre tract, said point being the northeast comer of said 14.755 acre tract, said point being in the west line of that 8.374 acre tract ofland conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Dee~ecordS; THENCE South 02 degrees 11 minutes 46 second ~ feet to a 60d Nail fi ~the southeast comer of said 14.755 acre tract, sa. ortheast comer tract of land conveyed to Joe Tolleson, et us as 4298, Page . ng in the west line of that called 46 acre tract to Neva Lou Brooks Kreymer as recoded in V olum ollin County D , THENCE South 88 degrees 02:\) 1 seconds We ~ e a one inch iro at tract, said point being in the east line of Kre e; Cf)) \:: THENCE along the east line Of~Kr as ws: (C)\ c;:> North 02 degrees 1 in ~f)'\\nds West, 322.~to ~~ iron rod found at the northwest for sai 55 acre tract, s~ ing the southwest comer of that 14.760 acr ~ \~ North 01 degr 0 6 minutes~o c 7.13 feet to a W' iron rod found at the northwest comer of said 14.7 a i point being the southwest comer of said 34.872 acre tract; ~ North 02 degrees 05 minu '\> seconds West, 567.08 feet to the POINT OF BEGINNING and containing 2,804,731 squar feet or 64.388 acres ofland. Ordinance No. 2005-30 Zoning Case 2005-05 Legal Description Zone Change #2005-05 BEING all that tract ofland in the City of Wylie, Collin County, Texas, a part of the Francisco De La Pena Survey, Abstract No. 688, and being all of that 14.755 acre tract ofland veyed to D.R. Horton-Texas, Ltd., as recorded in Volume 5697, Page 6349, Collin Coun~ ecords, all of that 34.872 acre tract ofland conveyed to D.R. Horton-Texas, Ltd., as recor i~ e 5697, Page 6354, Collin County Deed Records, all of that 14.760 acre tract ofland t.R. Horton- Texas, Ltd., as recorded in Volume 5700, Page 3087, Collin Co 0 being further described as follows: ~ COMMENCING at a 'l2" iron rod found at the int 'on 0 'ne of Brown Street (a variable width right-of-way) with the east lin fKr~ \J . van dth right-of-way); THENCE along the east line ~ ~\J ds East, 685.94 feet to a p 1 0 44 seconds East, 221.11 fi found at the most 1 c er of said 34.872 acre tra THENCE North 87 degrees 47 minutes 11 sec acre tract to a 'l2" iron rod found for comer; THENCE North 02 degrees 42 minutes 36 secon ~ ' 21.09 feet to a !f2" iron rod found at the most northerly northwest comer of said 34.872 ac t, said point being in the south line of that 5.000 acre tract ofland conveyed to Farmers Electric Coop., Inc., as recorded in Document No. 97- 0011473, Collin County Deed Records; THENCE North 87 degrees 46 minutes 54 seconds East, 1788.79 feet to a 'i2"iron rod found at the northeast comer of said 34.872 acre tract, said point being in the west line of a tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records, said point being in the west line of a 50 foot wide private street; THENCE along the east line of said 34.872 acre tract as follows: South 02 degrees 35 minutes 39 seconds East, 478.76 feet to a 'i2 inch iron rod found for comer, said point being in the west line of said Matter tract; South 02 degrees 20 minutes 38 seconds East, 305.94 feet to a one inch iron pipe found at the southeast comer of said 34.872 acre tract, said point being the northeast comer of said 14.760 acre tract, said point being in the west line of that 1.657 acre tract ofland conveyed to Martha S. Rosemond as recorded in Volume 3304, Page 82, Collin County Deed Records; Ordinance No. 2005-30 Zoning Case 2005-05 THENCE South 02 degrees 13 minutes 15 seconds East, 328.99 feet to a W' iron rod found at the southeast comer of said 14.760 acre tract, said point being the northeast comer of said 14.755 acre tract, said point being in the west line of that 8.374 acre tract of land conveyed to Mary Lynn Matter as recorded in Volume 2139, Page 982, Collin County Deed Records; \) THENCE South 02 degrees 11 minutes 46 seconds East, 323.12 southeast comer of said 14.755 acre tract, said point being th land conveyed to Joe Tolleson, et us as recorded in Vo west line of that called 46 acre tract of Ian nvey Kreymer as recoded in Volume 2787, Page Col ail found at the fthat 5.00 acre tract of , said point being in the er and Robert Brooks Records; apped iron rod found at the outhwest comer of that North 01 degrees 46 minutes 1 northwest comer of said 14.760 a ~ acre tract; feet to a W' iron rod found at the oint being the southwest comer of said 34.872 North 02 degrees 05 minutes 13 seconds West, 567.08 feet to the POINT OF BEGINNING and containing 2,804,731 square feet or 64.388 acres ofland. Ordinance No. 2005-30 Zoning Case 2005-05