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Ordinance 2017-31ORDINANCE NO. 2017-31 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 2017-07, FROM PLANNED DEVELOPMENT 2013 -37 -SINGLE FAMILY DISTRICT (PD2013-37-SF) AND PLANNED DEVELOPMENT 2016-27 (PD2016-27-SF) TO PLANNED DEVELOPMENT 2017 -31 -SINGLE FAMILY DISTRICT (PD2017-31-SF) TO INCLUDE AN ADDITIONAL 2 ACRES, ADJUST THE ALLOWED TOTAL LOT COUNT, AND TO ALLOW A DAY CARE USE BY SPECIFIC USE PERMIT; 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 2017 -31 -SF (PD -2017 -31 -SF), said property being described in Exhibit "A" (Legal Description), Exhibit "B" (Development Standards), and Exhibit "C" (Boundary Survey) 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 2017-31 Change the zoning on the hereinafter described property, Zoning Case Number 2017-07, from Planned Development 2013 -37 -Single Family District (PD2013-37-SF) and Planned Development 2016-27 (PD2016-27-SF) to Planned Development 2017- single family district (PD2016 -SF) 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of December, 2017. Eric Hogue, M ATTEST: Carole Ehrlich, ity Secretary DATE OF PUBLICATION: December 20, 2017, in the Wylie Ne Ordinance 2017-31 Change the zoning on the hereinafter described property, Zoning Case Number 2017-07, from Planned Development 2013 -37 -Single Family District (PD2013-37-SF) and Planned Development 2016-27 (PD2016-27-SF) to Planned Development 2017- single family district (PD2016 -SF) EXHIBIT A LEGAL DESCRIPTION BEING a tract of land located in the City of Wylie, Collin and Dallas County, Texas, a part of the Guadalupe De Los Santos Survey, Abstract Number 1100 in Collin County and Abstract Number 1384 in Dallas County, Texas, and being all of a 68.080 acre tract of land described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document Number 201300334379, Dallas County Deed Records, and being all of a called 62.744 acre tract of land described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document Number 20131029001473040, Collin County Deed Records and in Document Number 201300334380, Dallas County Deed Records, and being a part of a 139.871 acre tract of land described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document Number 20131029001473050, Collin County Deed Records and in Document Number 201300334381, Dallas County Deed Records, and being all of a called 80.178 acre tract of land described in a special warranty deed to Wylie DPV Limited Partnership as recorded in Document Number 20131029001473060, Collin County Deed Records and in Document Number 201300334382, Dallas County Deed Records, and being all of a called 2.009 acre tract of land described in a general warranty deed to Wylie DPV Limited Partnership as recorded in Document Number 20161227001743810, Collin County Deed Records and in Document Number 20161229001766050, Collin County Deed Records, and being all of a called 2.124 acre tract of land described in a general warranty deed to Wylie DPV Limited Partnership as recorded in Document Number 20170622000816940, Collin County Deed Records and in Document Number 201700176627, Dallas County Deed Records, and being all of Dominion of Pleasant Valley, Phase 1, an addition to the City of Wylie as recorded in Volume 2016, Page 97, Collin County Plat Records and in Document Number 2016000365552, Dallas County Plat Records, and being further described as follows: BEGINNING at a one-half inch iron found at the north corner of said 80.178 acre tract of land, said corner being the intersection of the southeast right-of-way line of Sachse Road (a variable width right-of-way) with the southwest right-of-way line of Pleasant Valley Road (a variable width right-of-way); THENCE South 45 degrees 13 minutes 21 seconds East, 1017.00 feet along the southwest right- of-way line of Pleasant Valley Road to a five-eighths inch iron rod found at the east corner of said 80.178 acre tract of land; THENCE South 44 degrees 25 minutes 51 seconds West, 205.02 feet along the southeast line of said 80.178 acre tract of land to a one-half inch iron rod found at the north corner of said 2.009 acre tract of land; THENCE South 31 degrees 53 minutes 00 seconds East, 178.21 feet to a one-half inch iron rod found at the east corner of said 2.009 acre tract of land; THENCE South 31 degrees 47 minutes 41 seconds East, 10.30 feet to a one-half inch iron rod found for corner; THENCE North 44 degrees 25 minutes 51 seconds East, 272.65 feet to a "PK" Nail found for corner in the approximate centerline of Pleasant Valley Road; THENCE South 45 degrees 04 minutes 06 seconds East, 900.66 feet along the approximate centerline of Pleasant Valley Road to a "PK" Nail found at the east corner of said 139.871 acre tract of land; THENCE South 44 degrees 35 minutes 16 seconds West, 479.78 feet along the southeast line of said 139.871 acre tract of land to a one-half inch iron rod found at the north corner of said 2.124 acre tract of land; THENCE South 32 degrees 29 minutes 19 seconds East, 253.67 feet to a one-half inch iron rod found at the east corner of 2.124 acre tract of land; THENCE South 44 degrees 35 minutes 16 seconds West, 281.60 feet to a one-half inch iron rod found at the south corner of said 2.124 acre tract of land and in the northeast line of said 62.744 acre tract of land; THENCE along the northeast line of said 62.744 acre tract of land as follows: South 72 degrees 50 minutes 34 seconds East, 728.12 feet to a one-half inch iron rod found for corner; South 45 degrees 05 minutes 00 seconds East, 659.02 feet to the east comer of said 62.744 acre tract of land, said corner being in the northwest right-of-way line of Pleasant Valley Road (a variable width right-of-way); THENCE along the northwest right-of-way line of Pleasant Valley Road as follows: South 44 degrees 40 minutes 56 seconds West, 1884.95 feet to a one-half inch iron rod found at the south corner of said 62.744 acre tract of land; North 45 degrees 51 minutes 04 seconds West, 25.22 feet along the southwest line of said 62.744 acre tract of land to a one-half inch iron rod found at the east corner of said 68.080 acre tract of land; South 45 degrees 46 minutes 51 seconds West, 780.79 feet to a one-half inch iron rod found in the southeast line of said 68.080 acre tract of land; South 43 degrees 29 minutes 35 seconds West, 1100.30 feet to a one-half inch iron rod found in the southeast line of said 68.080 acre tract of land; South 46 degrees 27 minutes 29 seconds West, 62.08 feet to a one-half inch iron rod found at the south corner of said 68.080 acre tract of land; THENCE North 45 degrees 52 minutes 23 seconds West, 1539.67 feet to a one-half inch iron rod found at the west corner of said 68.080 acre tract of land, said corner being in the southeast line of said 139.871 acre tract of land; THENCE along the southeast line of said 139.871 acre tract of land as follows: South 44 degrees 57 minutes 28 seconds West, 994.96 feet to a one-half inch iron rod found for corner; South 45 degrees 02 minutes 39 seconds West, 1285.49 feet to a one-half inch iron rod found at the south corner of said 139.871 acre tract of land; THENCE along the southwest line of said 139.871 acre tract of land as follows: North 37 degrees 59 minutes 42 seconds West, 99.48 feet to a one-half inch iron rod found for corner; North 08 degrees 17 minutes 42 seconds West, 187.81 feet to a one-half inch iron rod found for corner; North 13 degrees 51 minutes 18 seconds East, 132.60 feet to a one-half inch iron rod found for corner; North 11 degrees 18 minutes 42 seconds West, 47.80 feet to a one-half inch iron rod found for corner; North 33 degrees 08 minutes 42 seconds West, 204.37 feet to a one-half inch iron rod found for corner; North 31 degrees 22 minutes 18 seconds East, 65.70 feet to a one-half inch iron rod found for corner; North 07 degrees 23 minutes 18 seconds East, 131.90 feet to a one-half inch iron rod found for corner; North 14 degrees 36 minutes 42 seconds West, 176.00 feet to a one-half inch iron rod found at the west corner of said 139.871 acre tract of land; THENCE along the northwest line of said 139.871 acre tract of land as follows: North 44 degrees 55 minutes 26 seconds East, 1923.49 feet to a wood post found for corner; corner; North 45 degrees 03 minutes 14 seconds West, 254.14 feet to a wood post found for North 44 degrees 31 minutes 39 seconds East, 649.98 feet to a concrete monument found at the south corner of said 80.178 acre tract of land; THENCE North 45 degrees 13 minutes 21 seconds West, 998.82 feet to a concrete monument found at the west corner of said 80.178 acre tract of land, said corner being in the southeast right- of-way line of Sachse Road; THENCE along the northwest line of said 80.178 acre tract of land and along the southeast right- of-way line of Sachse Road as follows: North 44 degrees 25 minutes 31 seconds East, 364.61 feet to a concrete monument found for corner; North 41 degrees 35 minutes 16 seconds West, 15.69 feet to a concrete monument found for corner; North 44 degrees 23 minutes 05 seconds East, 3078.93 feet to the POINT OF BEGINNING and containing 354.943 acres of land. BASIS OF BEARING: The basis of bearing is derived from GPS observations using the City of Wylie geodetic monuments. (Coordinate System: North Central Zone 4202 State Plane Coordinates, NAD83). "This document was prepared under 22 TAC 663.23, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." Exhibit B Zoning Ordinance NO. 2013-37 is hereby amended as follows: Permitted Uses: Uses shall be allowed in accordance with the "SF 10/24" column of the Use Charts established in the Wylie Zoning Ordinance with the following exception. A day care facility shall also be allowed by right, subject to a specific use permit only. General Standards: 1. The design and development of the Dominion of Pleasant Valley community shall take place in accordance with the attached Concept Plan (Exhibit C). 2. The maximum number of lots/homes shall be 1,025. 3. Lot Mix: a. A maximum of 450 lots shall be the "Type C" lots (minimum lot width of 50') b. A maximum of 427 lots shall be the "Type B" lots (minimum lot width of 60') c. The remainder (minimum 98 lots, but could be as many as 148) of the lots shall be "Type A lots (minimum lot width of 70') d. As part of each final plat submittal, a table shall be provided which indicates the number of each Type of lot for that final plat as well as a cumulative total for each Type of lot within the Dominion of Pleasant Valley community. All other provisions of Zoning Ordinance No. 2013-37 shall remain the same. ig brN.uerta.. 4-- - , g k ! L. 4 161 sablEY 101.' IPA ' kd rhe wrner mkt Su 1,1anne Odd kt Inkd akd nkihk. nen, ak kkilkuni nghl-kl-k.k. Ink nt r " el:TI • 4 I ;41 r.q.ati.z., 7.1-4,71:7 The jfatuterSUipe Trines • Murphy Monitor • The Princeton Herald • The Sachsc 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, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Ordinances #2017-31, 2017-32, 2017-33, 2017-34, 2017-35, 2017-36, 2017-37, 2017- 38, 2017-39, 2017-40, 2017-41 was published in said newspaper on the following date(s), to -wit: December 20, 2017. Chad Engbrock, Publisher Subscribed and sworn before me on this, thee` day of �?�-� , 2018 to certify which witness my hand and seal of office. `plttro� SONIA A. DUGGAN ar°?SNotary Public, State of Texas t. v . Comm.,.'v Expires 08-18-2020ii ''�;°;,,�` Notary ID 130783749 Ai, 4, A J/✓���' Notary Publi i • • d for The State of exas My commission expires 0 a .2i Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098.972-442-5515 • fax 972-442-4318 Famtersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersxille,TX 75442 • 972-784-6397 • fax 972-782-7023 CITY OF WYLIE l Ordinance No. 2017-31 tAn 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 hereinaf- ter described prop- erty, Zoning Case Number 2017-07, From Planned Devel- opment 2013 -37 -Sin- gle Family District (PD2013-37-Sf) and Planned Development 2016-27 (PD2016-27- SF) To Planned Devel- opment 2017 -31 -Sin- gle Family District (PD2017-31-SF) to include an additional 2 acres, adjust the al- lowed total lot count, and to allow a day care use by specific use permit; providing for a penalty for the viola- tion of this ordinance; providing for the re- peal of all ordinances in conflict; providing a severability clause; and providing for an effec- tive date. Ordinance No. 2017-32 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2013-08; adopting the 2015 edition of the International Building Code For Commercial Buildings, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-33 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-31, save and except the amendment to ordinance 84-11, and adopting the 2015 edition of the Interna- tional Existing Build- ing Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-34 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-32; adopting the 2015 edition of the International Energy Conservation Code, save and except, the deletions and amend- ments set forth herein; providing For a pen- alty for the violation of this ordinance; provid- ing for repealing, sav- ings and severability clauses; providing for an effective date of this ordinance; and provid- ing for the publication of the caption hereof. Ordinance No. 2017-35 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-34; adopt- ing the 2015 edition of the International Fuel Gas Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-36 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-35; adopting the 2015 edition of the International Mechani- cal Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-37 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-36; adopting the 2015 edition of the International Plumb- ing Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-38 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-37; adopting the 2015 edition of the International Property Maintenance Code, save and except the deletions and amend- ments set forth herein; providing for a penalty for the violation of this ordinance; providing for repealing, sav- ings and severability clauses; providing for an effective date of this ordinance; and provid- ing for the publication of the caption hereof. Ordinance No. 2017-39 An Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-38; adopting the 2015 edition of the International Residen- tial Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-40 An 'Ordinance of the City of Wylie, Texas, repealing Ordinance No. 2012-40; adopt- ing the 2017 edition of the National Electrical Code, save and ex- cept the deletions and amendments set forth herein; providing for a penalty for the viola- tion of this ordinance; providing for repeal- ing, savings and sev- erability clauses; pro- viding for an effective date of this ordinance; and providing for the publication of the cap- tion hereof. Ordinance No. 2017-41 An Ordinance of the city council of the City of Wylie, Texas, repealing Ordinance No. 2012-33 and any amendments thereto; adopting the 2015 edition of the Inter- national Fire Code, save and except the deletions and addi- tions set forth herein; prescribing regulations governing, among other things, condi- tions hazardous to life and property from fire, hazardous materials or explosions; providing a penalty clause, sav- ings/repealing clause, severability clause and an effective date; and providing for the pub- lication of the caption ereof. 3-1t-32611