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Ordinance 2003-19 ORDINANCE NO. 2003-19 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 2003-09 TO PLANNED DEVELOPMENT (PD) DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND ~ROVIDING 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 <?therwise, 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 District, allowing a restaurant with drive-through services, said property being described in Exhibit "A", the Planned Development Conditions in Exhibit "B" and the Development 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 26th day of August, 2003. \\\\11111111// "", OF IA,IIII/ " ~I V"V ,~ / ~ ..( "' .......... r(. ".... ~ ,," ... .~. /. ~ ~ r ... ... .. :..<\ ~ .:- "-I: ~ .., -.\'.-:. ; i SEAL .~ = -:. ~.~ -,i:: ~. . .; e. .. ~ ~ ... ... ~ ~" ~y........... tt-C::J "," "///1 1../ E T't..'f.- "", /1///,,,'1111\\\' By Jo ATTEST Af~~<~ Carole Ehrlich, ity Secretary Exhibit "A" Legal Description ZC #2003-09 Being a tract ofland located at 1301 Century Way, and being Lot 1, Block C of the Century Business Park Addition, City of Wylie, Collin County, Texas. Exhibit "B" Zoning Case No. 2003-09 Conditions of the Planned Development District 1301 Century Way (Lot 1, Block C, Century Business Park Addition) General Conditions: 1. The purpose of this Planned Development (PD) District is to allow for a restaurant with drive-thru service, subject to conditions to make it harmonious and compatible with the surrounding area. 2. This Planned Development District request shall not affect any regulation found within the Code of Ordinances, unless specifically provided herein. 3. All regulations of the existing Business Center (BC) District set forth in Section 4.2.B of the Zoning Ordinance (as adopted February 27, 2002) are included by reference and shall apply except as specifically provided herein. Special Conditions: 1. This Planned Development District Permit shall apply only to Lot 1, Block C, Century Business Park Addition, and shall not be transferred or applied to other uses or properties in any way. The applicant and operations shall remain in compliance at all times with all applicable local, state and federal laws and regulations. 2. The following uses shall be permitted as functions of the PD: a. All uses allowed within the existing BC District. b. Restaurant with drive-thru service, without SUP 3. The drive-thru service window will not be located on any wall that is facing public streets. 4. The applicant shall be in compliance with the existing BC code in every respect except for the drive- thru service. ~ 1 p ~ :; f-< >-< 0... ~ U W-l co 0::: -< co><: Cflf-< ;r ., W-lW-l ~:3 U;r ;S~ ~ UJ ~ ;nO >-~ j~ ~ Q,~ ~~~-l ~ ill Ul ~ _a:: 0:: 0 w<(<(l-- ~ ...:l 0... f-< Z = W-l U ~ ~\ f-<O " 1-oI~ 0 23w 7~ ~ > ~ 0 ><:W-l <'~ ,,' r\ ,j ~ r-1 ~ (..... 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"""",'''~ <ok D ".t", I ~~OoO.:;.;.... ;' "I '\J"'JNI.J,j~ I 10>""''''1 ~ ~ ~ >- ll: :;) I- Z W (J L c :2 ~ ~~~ if> " .-lZ U) ~ U) f- er(/) Z ~~ ~ ~ ~ _J ~:;~l?~ ~~3~~ a..lJ...<(<:("= ?r.~~~~ ~~~ci~~ ~~~~~~~ ~~~~~~~ wt9(5t')WI? f--2;OZU)OL G ~: C~ g ~ ~ ;i ~ ~ 2 ~ ,- ~ ~ ~ U ~ >. ;jj i' ~ 0 ~ it Ul10 (lfJt6f'l ~ ~ ~, "';'~~, '7.0/ ~ U\~UllJ'h , "";'>:1 G~"fi " ,---- ...J.lij...."......t":.,.-. 5 Cf.) ; " L... ~ ~~ ["""""""" j;.!. ~; l~ ,ij;~ ,ct~'il \}:< ~ ;I o . . < 5 g, (j~lKIk)nOr c..... <( ;;E z 9 f-< <( U o ...:l , THE WYLIE NEWS wvenng Wylie, :sachse, Murphy and the SlIlTOlIDding 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 ~,/ltAJ. :::X. () oj --/r f~cJ~ was published in said newspaper on the following date(s), to-wit: (~. /0 ,2003, and ..,-- . 2003. Chad Engbrock, Publisher Subscribed and sworn to before me this the _~_day of ~___,2003 to certify which witness my hand and seal of office. ADA L. MOONEY Notary Public State of Texas My Comm. Exp. 01-02-07 t)L .tdlMf Notary The Public State in and for of Te xas My Commi~on expires 01 ~ 0 ).. - 0 7 Page 10 - Section B - THE WYLIE NEWS ~ Wednesday. September 10. 2003 Public Notices - INVITATlON FOR BIDS NORTH TEXAS 1\lUNICIPAL 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. Bmwn Stred. Wylie. Teas 75098 until 2:00 p.m.. local time. September 17. 2003. and then opened and read. for an annual agreement for supply laboratory sup- plies. Bid documents may be 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 NOTlCE 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- II Applicant: Mike Shaw Location: 1702 Eastfork Lane; West of FM 1378 (Country Club Drive) and south of FM 2514 (Parker Road) Property Description: Lot 2. Block E of the Riverchase Phase 1 Addition Request: Variance to Section 11.3( I Hc) to reduce the rear yard set- back requirement of 25' to 22' This public hearing is held to consider the application as an amendment to the Code of Ordinances of the # City of Wylie. Texas. The request will be heard as follows: Zoning Board of Adjustment: Monday. September 22. 2003. 7:00 PM , ",,-':' 'C.'\ l ~ I The public heari~! ~\.ll be held at the followirtg, loca- tion: Council Chambers of the Municipal Complex 2000 Highway 78 North. Wylie. Texas This notice has been sent to all owners of real prop- erty within 200 feet of the request. as such ownership '. appears on the last \ 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 unabie 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- ab Ie) 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 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 infonna- tjon. 16-1 t-33~ ORDINANCE NO. 2003- I 7 AN ORDIl'lANCE OF THE CITY OF WYLIE, TEXAS. ESTABLISH- ING WATER RATES FOR THE CITY OF WYLIE. AMENDING SECTION 1.02 OF APPENDIX A OF THE WYLIE CITY CODE (THEREBY AMENDING ORDINANCE 98-16) REPEALING PORTIONS OF ALL CONFLICTING ORDINANCES:CO~~ TAINING A SEVER- ABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE 16-lt-339 \'" 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-lt-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- I t-:\39 PUBLIC NOTICE The Buard of Adjustment uf the City of Sachse will meet on Thursday. September 25. 2003. 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 I thru Ii. Original Town Sachse. for a variance to the 75070 masonry require- ment on exterior walls of a temporary building that will be moved to the prop- erty. The public is invited to attend and make com- ments. 16-1 t-1370