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Ordinance 2019-221 ORDINANCE NO. 2019-22 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 2019-10; FROM AGRICULTURAL (AG/30) TO SINGLE FAMILY 10/24 (SF-10/24) TO ALLOW FOR RESIDENTIAL DEVELOPMENT WITH A DEVELOPMENT AGREEMENT; 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 Single Family 10/24 (SF-10/24), said property being described in Exhibit A (Legal Description) hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and executed Development Agreement are an integral component of the development of the property and are attached as Exhibits B and C, respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 4: 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 5: 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 6: Should any paragraph, sentence, subdivision, clause, phrase or section of Ordinance No. 2019-22 Amending the Comprehensive Zoning Ordinance of the City of Wylie, to change the zoning on, Zoning Case No. 2019-10, from agricultural (AG/30) single family 10/24 (SF-10/24) 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 7: 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 8: 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 24th day of September, 2019. ATI EST: ovtipli‘otAkkt Stephanie Storm, City Secretary to.." gilc HO ue, f T DATE OF PUBLICATION: October 2, 2019, in the le, ews Ordinance No. 2019-22 Amending the Comprehensive Zoning Ordinance of the City of Wylie, to change the zoning on, Zoning Case No. 2019-10, from agricultural (AG/30) single family 10/24 (SF-10/24) Exhibit A ZC2019-10 1 1 1 LEGAL DESCRIPTION 11.000 ACRES Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, in the City of Wylie, Collin County, Texas, being a portion of that same tract of land conveyed to Robert Kreymer by deed recorded in Volume 2967, Page 275 of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: COMMENCING at a 3/8 inch iron rod found for corner in the approximate centerline of E. Stone Road, said point being the Northeast corner of a tract of land conveyed to John Willis Kreymer by deed recorded in Volume 1685, Page 938 of the Deed Records of Collin County, Texas, same being the Southeast comer of herein described tract; Thence North 89 degrees 45 minutes 00 seconds West, departing the approximate centerline of said E. Stone Road and along the North line of said John Willis Kreymer tract, passing the Northwest corner of said John Willis Kreymer tract, same being the Northeast comer of a tract of land conveyed to Crosscountry Villas, LLC by deed recorded in Instrument No. 20110812000853240 of the Deed Records of Collin County, Texas and continuing for a total distance of 826.17 feet to a point for corner, said point being the Southeast corner and POINT OF BEGINNING of herein described tract; Thence North 89 degrees 45 minutes 00 seconds West, continuing along the North line of said Crosscountry Villas, LLC tract, a distance of 512.87 feet to a point for corner, from which a found 1/2 inch iron bears North 00 degrees 11 minutes 37 seconds East a distance of 2.30 feet, said point being the Southeast corner of a tract of land conveyed to Garner Koch by deed recorded in Volume 5733, Page 2432 of the Deed Records of Collin County, Texas, same being the Southwest comer of herein described tract; Thence North 00 degrees 11 minutes 37 seconds East, along the East line of said Koch tract, a distance of 534.31 feet to a 'A inch iron rod found for corner, said point being the Southwest corner of a tract of land conveyed to Farmers Electric Cooperative Company, Inc. by deed recorded in File No. 97-0011472 of the Deed Records of Collin County, Texas, same being the Northwest corner of herein described tract; Thence South 76 degrees 12 minutes 35 seconds East, along a South line of said Farmers Electric Cooperative Company, Inc. tract, a distance of 418.93 feet to a 1/2 inch iron rod found for corner; Thence North 13 degrees 57 minutes 23 seconds East, continuing along an interior Southeasterly line of said Farmers Electric Cooperative Company, Inc. tract, a distance of 235.03 feet to a 1/2 inch iron rod found for corner; Thence South 76 degrees 12 minutes 14 seconds East, continuing along a South line of said Farmers Electric Cooperative Company, Inc. tract, passing at a distance of 869.87 feet a 1/2 inch iron rod set with yellow cap stamped "TXHS" and continuing along a total distance of 900.76 feet to a point for corner in the approximate centerline of said E. Stone Road, said point being Southeast corner of said Farmers Electric Cooperative Company, Inc. tract, same being the Northeast corner of herein described tract; Thence South 00 degrees 08 minutes 17 seconds West, along the approximate centerline of said E. Stone Road, a distance of 109.96 feet to a point for corner, said point being the most easterly Southeast comer of herein described tract; THENCE North 89 degrees 45 minutes 00 seconds West, departing the approximate centerline of said E. Stone Road, passing at a distance of 30.01 feet, a 1/2 inch iron set with yellow cap stamped "TXHS" and continuing along a total distance of 476.85 feet to a 1/2 inch iron set for comer with yellow cap stamped "TXHS", said point being an interior ell comer; THENCE South 02 Degrees 35 minutes 18 seconds East, a distance of 128.13 feet to a 1/2 inch iron set for comer with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE North 89 degrees 44 minutes 58 seconds West, a distance of 355.21 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 00 degrees 11 minutes 37 seconds West, a distance of 215.65 feet to the POINT OF BEGINNING and containing 479,158 square feet or 11.00 acres of land. 1 1 1 LEGAL DESCRIPTION 5.481 ACRES Being a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688; in the City of Wylie, Collin County, Texas, being a portion of that same tract of land conveyed to Robert Kreymer by deed recorded in Volume 2967, Page 275 of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 3/8 inch iron rod found for corner in the approximate centerline of E. Stone Road, said point being the Northeast corner of a tract of land conveyed to John Willis Kreymer by deed recorded in Volume 1685, Page 938 of the Deed Records of Collin County, Texas, same being the Southeast corner of herein described tract; THENCE North 00 degrees 11 minutes 37 seconds East, a distance of 215.65 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 89 degrees 44 minutes 58 seconds East, a distance of 355.21 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE North 02 Degrees 35 minutes 18 seconds West, a distance of 128.13 feet to a 1/2 inch iron set for corner with yellow cap stamped "TXHS", said point being an interior point for corner; THENCE South 89 degrees 45 minutes 00 seconds East, a distance of 476.85 feet to a point for corner, said point being the most easterly Northeast corner of herein described tract; Thence South 00 degrees 08 minutes 17 seconds West, along the approximate centerline of said E. Stone Road, a distance of 343.62 feet to the POINT OF BEGINNING and containing 238,774 square feet or 5.481 acres of land. 16.481 ACRES 49 SINGLE FAMILY LOTS (80x125Typ. Lot) OPEN SPACE 0.395 Acres •reett,orry s4 347334341 16.12 Pg iIN4.N,N V' 0 I Li I avivsrair [PAS AVM gg. 00 „ • =4. -rr-err," 15, 257271.1. OPEOI SPAM', WarADICC eAsonnrfr 395 ACRES • .•, ,.„, rroitran arCIP1C aIrePeIRA 'lir ArC . rrr . . 4rs.b.r.,-0077472 . - - -. = . - ......___ ENHANCED ENTRY _ --......... 40 10615, 39 1000041. 36 10000.3. 37 10000s 1. 36 10000s 1 35 10000 r. . loopoo. 33 Imam 32 moo. f. .31 10300s 1 42 43 1061646 1000041. 10000s 1 44 10000s I. 45 1000041 46 100008I. 47 1000047 40 1000041. 49 100009 I. 50 10610s /. .70 00 402 z • 34 0 116 -tbe ' • • 3 - .1E1 11)IN