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Ordinance 2003-18 ORDINANCE NO. 2003-18 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 2003-08 TO PLANNED DEVELOPMENT (PD) DISTRICT FOR MIXED RESIDENTIAL AND NON- RESIDENTIAL VSES; 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 ofthe City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development District for Mixed Residential and Non-residential Uses, said property being described in 'Exhibit" A", the Planned Development Conditions in Exhibit "B" and the Concept Plan shown in 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 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 26 day of August,2003. \,,\1'"'ltl/ "" OF IA/'I, " _, "V II ",~", ......... y( .1'-,- ! r ~ ..... ..... ~~ ~ '-':. ~----, \. \ ' . ~ ; { SEA L ~ ~ _ \ re" '")I i ;. ... .: ~ .,.. .-..... ~ IA .... .... l"__ ~ "" "Yy ..... ~J" .1.1.11, ,-, E TE'}. "", , /" /" "'I \I \"" Exhibit" A" Legal Description ZC #2003-08 Being a 121.11 acre tract of land situated in the Francisco de la Pina Survey, Abstract No. 688, in Collin County, Texas, and being all of that certain called 94.16 acre tract described in a deed from Wiley Enterprises, Inc., to Arapaho East, Inc., dated February 13, 2002 and recorded in Volume 05108, Page 01984 and that certain called 49.247 acre tract (Tract 1) described in a deed from the Boyd Living Trust to Arapaho East, Inc., dated August 18, 1998 and recorded in Volume 4242, Page 1505, save and except those certain called 16.48 and 5.50 acre tracts conveyed to Kansas City Southern Railway Company in October, 1998. All of the above referenced deeds being recorded in the Deed Records of Collin County, Texas, said 121.11 acres of land to be more particularly described as Tract 1 by metes and bounds' as follows: BEGINNING at a fence comer post found for the southwest comer of the above referenced 94.16 acre tract and the southeast corner of the North Texas Municipal Water District tract, as recorded in Volume 3713, Page 417, of said Deed Records and being in the north boundary line of the above referenced Tract 1; THENCE, northerly with the west line of said 94.16 acre tract and the east line of said North Texas Municipal Water District tract, the following two (2) courses and distances: 1. N 01007'02" E, a distance of629.04 feet to a 3-1/2 inch aluminum disc engraved 4606-1 found in a United States Army Corps of Engineers (C.O.E.) monument, for a northeast comer of said North Texas Municipal Water District tract, and a southeast comer of a United States of America tract; 2. N 01028'26" E, a distance of 609.68 feet, continuing with the west boundary line of said 94.16 acre tract and the east boundary line of said USA tract to a 3-1/2 inch aluminum disc engraved 4607-1-4 found in a C. O.E. monument; THENCE, with the north line of said 94.16 acre tract and the south boundary line of the United States of America tract, as described in Volume 714, Page 841, of said Deed Records the following fifteen (15) courses and distances: 1. N 45012'09" E, 639.53 feet to a 3-1/2 inch aluminum disc engraved 4607-1-3 found in a C.O.E. monument; 2. N 88058'00" E, 856.19 feet to a 3-1/2 inch aluminum disc engraved 4607-1-5 found in a C.O.E. monument; 3. S 01003'37" E, 162.66 feet to a 3-1/2 inch aluminum disc engraved 4607-1-2 found in a C.O.E. monument; 4. S 00015'16" E, 849.70 feet to a 3-1/2 inch aluminum disc 'engraved 4607-1-1 found in a C.O.E. monument; 5. S 57021 '25" E, 99.76 feet to a 3-1/2 inch aluminum disc engraved 4608-1 found in a C.O.E. monument; 6. S 58036'24" E, 288.68 feet to a 3-1/2 inch aluminum disc engraved 4607-2-4 found in a C.O.E. monument; 7. N 46025'09" E, 410.01 feet to a 1/2 inch rebar with red plastic cap stamped "Griffith 4846" found; 8. N 46039'46" E, 500.05 feet to a 3-1/2 inch aluminum disc engraved 4607-2 found in a C.O.E. monument; 9. N 04012' 14" E, 294.07 feet to a 3-1/2 inch aluminum disc engraved 4607-2-2A found in a C.O.E. monument; 10. N 04008'22" E, 396.55 feet to a 3-1/2 inch aluminum disc engraved 4607-2-2 found in a C.O.E. monument; 11. N 23021 '36" E, 393.22 feet to a 3-1/2 inch aluminum disc engraved 4607-2-1A found in a C.O.E. monument, from said point a 60d nail found bears S6r21 '.55" W, 119.69 feet; 12. N 24004'34" E, 155.30 feet to a 3-1/2 inch aluminum disc found in a C.O.E. monument, said point and the markings thereon were disturbed, and being at the beginning of a curve to the right, having a radius of 400.95 feet; 13. 497.38 feet along the arc of said curve, through a central angle of71 004'34" and a chord bearing and a chord distance ofN 57038'03" E, 466.10 feet to a Y2 inch rebar with red plastic cap stamped "Griffith 4846" found in the south right-of-way line of Skyview Drive; 14. N 87043'36" E, 118,,88 feet to a V2 inch rebar with red plastic cap stamped "Griffith 4846" found, and; 15. S 88046'00" E, 963.39 feet to a fence post found for the northeast comer of said 94.16 acre tract and being the northwest comer of the Lavon Ranchettes Subdivision, as described in Cabinet "A", Slide 148 of the Plat Records of said County; THENCE, S 01046' 13" W, a distance of642.64 feet with the east boundary line of said 94.16 acre tract and the west boundary line of said Lavon Ranchettes to a 3-1/2 inch aluminum disc engraved 4607-3-9 found in a C.O.E. monument in the northwesterly right-of-way line of the Dallas Area Rapid Transit Property Acquisition Corporation tract, as described in Volume 3424, Page 126 of said Deed Records; THENCE, southwesterly and westerly with the southeast boundary line of said 94.16 acre tract and the northwest boundary line of said Dallas Area Rapid Transit Property Acquisition Corporation tract, the following three (3) courses and distances: 1. S 7r21 '31" W, a distance of601.82 feet to a 1/2 inch rebar with red plastic cap stamped "Griffith 4846" found at the beginning of a curve to the left, having a radius of 1959.86 feet; 2. 925.58 feet along the arc of said curve, through a central angle of27003 '32", and a chord bearing and a chord distance of S 58049'45" W, 917.00 feet to a 1/2 inch rebar with red plastic cap stamped "Griffith 4846" found; 3. S 450 17' 5 9" W, a distance of 1796.71 feet to a fence post found for a southeast comer of said 94.16 acre tract and the northeast comer of the above referenced 16.48 acre KCS Railway Company tract; THENCE, N 89001 '23" W, with the south boundary line of said 94.16 acre tract and the north boundary line of said 16.48 acre tract at a distance of642.23 feet, passing the northwest comer of said 16.48 acre tract and the northeast comer of the above referenced 5.50 acre KCS Railway Company tract and continuing a total distance of800.45 feet to a North Texas Municipal Water District monument found for the northwest comer of said 5.50 acre tract and the northeast comer of the above referenced Tract 1; THENCE, S 51037'25" W, a distance of 1758.40 feet with the southeast boundary line of said Tract 1 and the northwest boundary line of said 5.50 acre tract to a Y2 inch iron rod found for the southeast comer of said Tract 1 and the northeast comer of the Lorene Virginia Hade-Freeman tract as recorded in Volume 2946, Page 77 of said Deed Records; THENCE, N 88044'56" W, a distance of609.48 feet with the south boundary line of said Tract 1 and the north boundary line of said Freeman tract to a V2 inch iron rod set for the southwest corner of said Tract 1 and the northwest corner of said Freeman tract and being in the east right-of-way line of County Road 389 and in a curve to the right whose functions are as follows: An angle of50032'26", a radius of 1020.00 feet, a tangent of 481.50 feet and whose chord bears N 26032'08" E, a distance of 870.85 feet; THENCE, in a northeasterly direction continuing with the west boundary line of said Tract 1 and the east right-of-way line of County Road 389 and said curve to the right a distance of899.74 feet to a point at the end of said curve and the beginning of a curve to the left whose functions are as follows: An angle of 2r36'00", a radius of 1080.00 feet, a tangent of215.81 feet and whose chord bears N 40030'21" E, a distance of 423.24 feet; , THENCE, in a northeasterly direction continuing with the west boundary line of said Tract 1 and the east right-of-way line of County Road 389 and said curve to the left a distance of 426.00 feet to a fence post found for the northwest corner of said Tract 1 and at the intersection of the south boundary line of the above mentioned NTMWD tract as recorded in Volume 3713, Page 417 with said east right-of-way line; THENCE, S 89001 '23" E, a distance of 698.05 feet with the north boundary line of said Tract 1 and the south boundary line of said NTMWD tract to the Place of Beginning and containing 121.11 acres ofland or 5,275,576 square feet. Exhibit "B" Conditions for Planned Development District Zoning Case 2003-08 Wylie Lakes A Village Center Development 1) Statement of Purpose: This Planned Development is intended to achieve an efficient and balanced mix of land use on diverse properties of limited connectivity and varied configuration, located adjacent to Lake Lavon Public Lands, a railroad yard and corridor, and providing for the extension of Park Boulevard. 2) Statement of Effect: This Planned Development shall not effect any regulation found in the Comprehensive Zoning Ordinance of the City of Wylie as adopted and amended, except as specifically provided herein; 3) General Regulations: All regulations providing for a Residential and Village Center District as set forth in Section 3.1 (SF-IA126), Section 3.3 Village Residential Districts (TH and SF-8.5/17), and Section 4.1 Village Center Neighborhood Service (NS) District of the Comprehensive Zoning Ordinance are includeg by reference and shall apply, except as otherwise specified under the provisions hereunder. 4) Development Plans: Development plans shall be submitted and approved for each and all subsequent phases of development, and each phase shall be in conformance with the Conceptual Plan attached herewith in Exhibit 'C'. However, in the event of conflict between the Concept plan (Exhibit 'C') and the written conditions of this ordinance, the written conditions shall apply. 5) Specific Regulations a) Land Use i) Uses per City of Wylie Zoning Ordinance (1) Tract 1 (a) Neighborhood Service (b) SF-8.5/17 (2) Tract 2 (a) Neighborhood Service (b) SF-8.5/17 (c) TH (3) Tract 3 (a) SF-IA126 b) Development Standards i) Residential peF point requirements for SF-IA126, SF-8.5/17, and TH contained in the City of Wylie Zoning Ordinance. Figure 3-12 of the City of Wylie Zoning Ordinance shall apply for Country Residential District SF-IA/26. Figure 3-14 shall apply per Village Residential Districts SF-8.5/17, and TH of the City of Wylie ZOrllng Ordinance. ii) Non-Residential per point requirements ofNS. Figure 4-6 through 4-8 of the City of Wylie Zoning Ordinance. c) Residential Density and Lot Requirements: i) Density and Residential Lot mix (1) Number of Residential units: (a) 293 units maximum (2) Distribution of the Single-Family Dwelling Unit types (as specified in the following text: TH, SF-8.5/17, SF-IA126) shall be distributed as shown on the Concept Plan Exhibit "C". (3) Lot mix for Single Family shall not exceed: (a) 80 - TH Patio Homes or Single Family Attached (b) 185 - SF -8.5/17 Single Family Detached (c) 28 - SF-IA126 Single Family Detached (d) The overall total number of lots shall not exceed the maximum number of units allowed in this Planned Development. d) Alleys (1) Are not required. t "" 8 11- ~E! ~~i ! t ~I~ ! - ( (( l; .I~., ....~\.r.. ( 0' 1 , -1\ · J ) .-\.~ -~- .~ \F,\g\ \ t 0 \ \ \ \ \ \ ( '. , \ \, ..,~ r zl \\ \ \. \ '. en CoO -I \ \ 7I!'>::U " \ -" (1\.)> \ \~~.~ \ ~. Co) \ '. \ \ \ \ , \ t \ \ \ un 11111' \ c.. m () <: C:XO < !<~~ '< o =I!~ == - Q~ CD ~ "'0 8 ): ~r- Z !I>> I" 1m 11 ,~~~ g a!fl5!: i ~ "'~i!! a. i~::i f i~-: ~ .._I a :r!!;. ill it a. ~ It 01 ~ Ii iO s-! .,. i! ~l It It Co'II<) ~:.... II "'- ~ , tile Hi t.'2;:D ~I ~ e~ 1,18 ~~ Ii II ~ 2:E W.1c" e?:: I ~ fI>~ 1;1 ~ I. Q !A ~ , THE WYLIE NEWS lAIvenng Wylie, lSaebse, Murphy and the SlIITOUDding area 110 N. Ballard P.O. Box 369 Wylie, Texas 75098 (972) 442-5515 Fax (972) 442-4318 STATE OF TEXAS COUNTY OF COLLIN Before me, the Chad Engbrock, published in Collin Texas, who being undersigned authority, on this day personally appeared of THE WYLIE NEWS, a newspaper regularly County, Texas and having general circulation in Collin County, by me.duly sworn deposed and says that the foregoing attached . 2003. had Engbrock, Publisher Subscribed and sworn to before me this the _J~ _day of ~i-- ,2003 to certify which witness my hand and seal of office. r- ::':~.."i:"..... /.......~.(.. ~:J'~'~W~: ". ~.I: ~~_."<....~ ....2~ ADA L. MOONEY Notary Public State of Texas My Comm. Exp. 01-02-07 ~ -~ C#-~ Notary The Public State in and for Texas of My Commission expires () (- 6 J. - 0 7 Page 10 - Section B - THE WYLIE NEWS - Wednesday. September 10. 20m Public Notices INVITATION FOR BIDS NORTH TEXAS \WNICIPAL WATER DISTRICT LABORATORY SUPPLIES Sealed bids addressed to the attention of the Director of Finance of the North Texas Municipal Water District. Wylie. Texas will be received at the Administration Office of the North Texas Municipal Water District. 505 e. Brown Street. Wylie. Texas 75098 until 2:00 p.m.. local time. September 17. 20m. and then opened and read. for an annual agreement for supply laboratory sup- plies. Bid documents may he obtained from the North Texas Municipal Water District at 505 E. Brown Street. Wylie. Texas 75098. NORTH TEXAS MUNICIPAL WATER DISTRICT By Marvin Full President. Board of Directors 14-3t-235 NOTICE OF PUBLIC HEARING ZONING BOARD OF ADJUSTMENT An application has been received by the City of Wylie for a: PROPOSED VARIANCE TO THE REAR YARD SETBACK REQUIREMENT Board of Adjustment Case Number: ZBA No. 2003-11 Applicant: Mike Shaw Location: 1702 Eastfork Lane: West of FM 1378 (Country Club Drive) and south of FM 2514 (Parker Road) Property Description: - This public hearing is held to consider the application as an amendment to the i Code of Ordinances of the K ORDINANCE NO. City of Wylie. Texas. The 2003-17 request will be heard as AN ORDINANCE OF follows: THE CITY OF WYLIE. Zoning Board of TEXAS. ESTABLlSH- Adjustment: Monday. ING WATER RATES September n. 2003. FOR THE CITY OF 7:00 PM , WYLIE. AMENDING 1"'4 10 SECTION 1.02 OF The public heari~~lll be APPENDIX A OF THE held at the following.1oca- WYLIE CITY CODE tion: (THEREBY AMENDING Council Chambers of the ORDINANCE 98-16) Municipal Complex REPEALING PORTIONS 2000 Highway 78 North. OF ALL CONFLICTING Wylie. Texas ORDINANCES:coi~r This notice has been sent TAINING A SEVER- to all owners of real prop- ABILITY CLAUSE AND erty within 200 feet of the PROVIDING FOR AN request. as such ownership , EFFECTIVE DATE appears on the last \, 16-lt-339.' approved city tax roll. All \ interested persons are encouraged to attend the public hearing and express their opinions on the vari- ance request. If you are unable to attend. but wish to have your opinions made a part of the public record. please complete the enclo'sed form and return it prior to the public hearing. Please print your name, address of the prop- erty you own and the tax account number (if applic- able) on the enclosed form and return it to the follow- ing address: City of Wylie Planning Department 2000 Highway 78 North Wylie. TX 75098 The application is on file Lot 2. Block E of the Riverchase Phase I Addition Request: Variance to Section 11.3(1 )(c) to reduce the rear yard set- back requirement of 25' to n' for public examination in the Planning Department at 2000 Highway 78 North. Wylie. Texas. For additional information. please contact the Planning Department at 972/442-8158. Please ref- erence the case number when requesting informa- tion. 16-lt-3390 ORDINANCE NO. 2003-18 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 ZONING ON THE HEREINAFTER DESCRIBED PROPER- TY, ZONING CASE NUMBER 2003-08 TO PLANNED DEVELOP- MENT (PD) DISTRICT FOR MIXED RESIDEN- TIAL AND NON-RESI- DENTIAL USES: PRO- VIDING FOR THE REPEAL OF ALL ORDI- NANCES IN CONFLICT: PROVIDING A SEVER- ABILITY CLAUSE: AND PROVIDING FOR AN EFFECTIVE DATE. 16-1 t-339 ORDINANCE NO. 2003-19 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 ZONING ON THE HEREINAFTER DESCRIBED PROPER- TY. ZONING CASE NUMBER 2003-09 TO PLANNED DEVELOP- MENT (PD) DISTRICT PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES IN CONFLICT: PROVIDING A SEVER- ABILITY CLAUSE: AND PROVIDING FOR ) AN EFFECTIVE DATE. 16.]t-339 PUBLIC NOTICE The Board of Adjustment of the City of Sachse will meet on Thursday, September 25. 20m. at 7:30 p.m. at Sachse City Hall. 5560 Hwy. 78 to hear a request from Stepping Stones Learning Center at 5804 Billingsley, known as Block 34. Lots 1 thl'll I I. Original Town Sachse. for a variance to the 75'lc masonry require. ment on exterior walls of a temporary building that will be movedlo the prop. erty. The public is invited to attend and make com- ments. 16.lt-]370