Ordinance 2023-02 ORDINANCE NO. 2023-02
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 2022-13,
FROM COMMERCIAL CORRIDOR DISTRICT (CC) TO PLANNED
DEVELOPMENT - COMMERCIAL CORRIDOR (PD-CC), TO ALLOW FOR
COMMERCIAL DEVELOPMENT; 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 -Commercial Corridor(PD-CC),
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 Planned Development Conditions 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and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of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 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.
Ordinance No. 2023-02 Change of Zoning for Cooper Plaza(ZC 2022-13) Page 1 of 2
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 10th
day of January, 2023.
Mathew Porter,Mayor
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Stephanie Storm, City Secretary 1 r jl
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DATE OF PUBL le. e F 18t (�, •'�/The Wylie News
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Ordinance No. 2023-02 Change of Zoning for Cooper Plaza(ZC 2022-13) Page 2 of 2
Exhibit 'A'
SITUATED in the State of Texas, County of Collin, and City of Wylie, being part of the James Truett
Survey,Abstract No. 920, being part of the Francisco de la Pina Survey,Abstract No. 688, being part of
Blocks 4&9,all of Blocks 2, 3, & 10 of the Railroad Addition, an addition to the City of Wylie as recorded
in Volume 77, Page 494 of the Collin County Map Records, being the re-survey of a called 2.606 acre
tract as recorded under County Clerk File No. 201990213000150300 and being further described under
County Clerk File No.93-00309960 of the Collin County Land Records, being all of a called 2.563 acre
tract of land as recorded under County Clerk's File No. 20191122001493350 of the Collin County Land
Records, being all of a called 1.226 acre tract of land as recorded under County Clerk's File No.
20200529000784580 of the Collin County Land Records, being all of a called 0.2209 acre tract of land as
recorded under County Clerk's File No.20210210000288770 of the Collin County Land Records,and
being part of the abandonments(no documents provided)of Jefferson street,Third Street and the alleys
as being described within said premises as follows:
COMMENCING at a point marking the intersection of the east right-of-way line of Second Street(80'
right-of-way)with the south right-of-way line of Brown Street(variable width right-of-way),same being
the northwest corner of Block 4 of Railroad Addition;
THENCE with the south right-of-way line of Brown Street,the north line of said Block 4, partway with
a 20'abandoned alley, South 89°42'02" East, 135.00 feet to a point in the centerline of said abandoned
alley, marking the POINT OF BEGINNING,and the northwest corner of the herein described premises;
THENCE with the south right-of-way line of Brown Street,the north line of said Blocks 2, 3 &4,the
north line of said 2.563 acre tract,the north line of said 1.226 acre tract,the north line of said 0.2209
acre tract, and the north line of a 20' & 10' alley as follows: South 89°42'02" East,953.24 feet to a 1/2"
iron rod found for an angle break; South 83°00'22" East, 79.78 feet to a "WAI" capped iron rod found for
an angle break; South 79°58'26" East, 28.91 feet to a "WAI" capped iron rod found for an angle break;
South 83°16'55" East, 13.97 feet to a "WAI" capped iron rod found for an angle break; South 83°37'O1"
East,31.31 feet to a 1/2" iron rod found marking the beginning of a curve to the right; southeasterly
along said curve having a central angle of 135°11'10",for an arc distance of 35.39 feet,with a radius of
15.00 feet(chord =South 15°48'15" East, 27.73 feet)to a 1/2" iron rod found in the northwesterly line
of State Highway 78(variable width right-of-way), and marking the end of said curve;
THENCE with the northwest right-of-way line of State Highway 78,the south easterly line of said
0.2206 acre tract and the south easterly line of said 1.226 acre tract,South 51°47'20" West, 1,042.43
feet to a point marking the intersection of the extended north right-of-way line of Marble Street
(variable width right-of-way)with the northwest right-of-way line of State Highway 78,the southeast
corner of said 1.226 acre tract and said premises, from which a "RPLS 3963" capped iron rod found for
reference bears South 51°47'20" West, 690.02 feet;
THENCE departing said State Highway 78 right-of-way,with the extended north right-of-way line of
Marble Street,the south line of said 1.226 acre tract,the south line of said 2.563 acre tract and a south
line of Block 9 and Block 10 of said Railroad Addition,and partway with the south line of a 20'
abandoned alley, North 89°43'51"West, passing at 253.78 feet a 1/2" iron rod found marking the
southwest corner of said 2.563 acre tract,and continuing for a total distance of 294.28 feet to a point in
the center of said 20' abandoned alley, and marking the southwest corner of said premises;
THENCE with the centerline of said 20'abandoned alley and crossing through abandoned Jefferson
Street, North 00°00'19" West, 694.95 feet to the place of beginning and containing 11.622 acres of land.
COOPER PLAZA
EXHIBIT "B"
CONDITIONS FOR PLANNED DEVELOPMENT
2022-13-CC
I. PURPOSE:
The purpose of this Planned Development is to create a vibrant multi-modal
commercial environment that integrates with Wylie's historic downtown.
II. GENERAL CONDITIONS:
1. Unless otherwise explicitly stated in the PD, all variations are from the City
of Wylie's Zoning Ordinance as amended April 2021.
2. This Planned Development shall not affect any regulations of the
aforementioned Zoning Ordinance except as specifically provided herein.
3. The underlying zoning for this Planned Development District shall be
Commercial Corridor (CC).
4. The development shall be in general conformance with the Zoning Exhibit.
5. The entire site, as depicted on the zoning exhibit, shall be used to
determine landscaping calculations (20% of the site).
III. SPECIAL CONDITIONS:
1. The following uses as defined in the Commercial Corridor District (CC)
shall be expressly permitted on the subject property:
a. Convenience Store
b. Motor Vehicle Fueling Station
c. Food Truck Parking
d. Alcohol/Liquor Uses, which shall be exempt from distance
requirements from churches, public hospitals, public schools and
private schools
2. The following uses as defined in the Commercial Corridor District (CC)
shall be expressly prohibited on the subject property:
a. Sexually Oriented Business
b. Equipment Rental
c. Automobile Rental
d. Automobile repair Minor
Page 1 of 2
e. Car Wash
f. Any and all uses listed under Sections 5.2.H and 5.2.1 of the Zoning
Ordinance
g. Vehicle Display, Sales or Service
3. The street frontage required landscape buffer, as required by Section
4.3.E.a(1) shall be allowed to include public right-of-way and landscape
plantings shall also be allowed within the City's existing utility easement
pending minimum distance separations are maintained as required by the
City's Engineering Department.
4. No lot on the site shall be restricted by the distances to other Beer& Wine
Package Sales establishments, churches, schools, city parks, or
residences, as defined in Section 5.2 or any other distance restriction to
other businesses defined in the Zoning Ordinance.
5. Section 7.3.H.2.a shall be amended to allow 9 feet by 20 feet standard car
parking spaces on Lot 1 only.
6. All structures on Lots 2-6 of this development shall comply with a historic
architectural standard that integrates with Section 6.3.E.5 of the Zoning
Ordinance (Downtown) except as noted as follows: Section 6.3.E.5.a.1.4
second floor windows, recessed with multiple lights, lintels, and sills shall
not be required. Section 6.3.E.5.c Building Proportions-Commercial
Structures shall not be required.
7. Section 8.1.C.1.b of the Zoning Ordinance shall be amended as follows:
Site plans for each lot shall be considered for approval by the City Council,
with a recommendation provided by the Planning and Zoning Commission.
For the purposes of this planned development, the developer voluntarily
agrees that there shall be no more than 30-days from between each
submittal to a Commission recommendation and another 30-days until
consideration by the City Council.
8. Section 22-448.a.4 shall be amended to allow a monument sign to be
separated by at least 50 feet from any other monument sign on the same
property, measured along the right-of-way.
Page 2 of 2
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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
Legal Notice—Ordinance No. 2023-02 & Ordinance No. 2023-03
was published in said newspaper on the following date(s), to-wit:
January 18, 2023
Cw... ..,
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 19th day of January, 2023, to certify which
witness my hand and seal of office.
Notary Public for
The State of Texas
<�aY Pie SONIA A DUGGAN
�(,N Notary ID#126646343
+>�+r My Commission Expires My commission expires 08/12/2024.
forte August 12, 2024
Mu 1chy Sachse!Pi,5 lie Office• 110 N.Ballard•P O.Box 369•Wylie. IX 75098•972-4-42-5515
I imc rscille Prinecton Mice• 101 S.Main•P.O.Box 512•Farmcrsvillc,TX 75442•972-784-6 97
January 18-19,2023 3C
-
' CITY OF yVYLIE
Ordinance
Ordinance - No.2023-03
No.2023-02
An Ordinance of the
An Ordinance of the City Council of the
City of Wylie, Texas, City of Wylie, Texas,
amending the Com- Amending ordinance
prehensive Zoning No 2006-04 of the City
Ordinance of the. City of Wylie (the Zoning
of Wylie, as, hereto- i Ordinance, as amend-
fore amended, so as - ed), Article 5, Use
to change the zon-
ing on the hereinafter. ing certain regulations
- described property, relating to Accessory,
► Zoning Case Number and Temporary De-
r 2022-13, from Cpm- velopment Standards
1 mercial Corridor his- of' Donation Boxes i
r trict (CC) to Planned in the City of Wylie;
Development - �►- providing a penalty.
mercial Corridor (PD- clause, savings/repeal-
CC),to allow for com- savings/repeal-
. clause,severability
mercial developnpent; 1 clause and an effective.
providing fora penalty date;and providing for
l for the violation of this � thepublication of the
ordinance; providing - caption hereof:
for the repeal of all -
ordinances in conflict; 38-1t-66G
l providing a severabil- Le.±.____.
ity clause; and provid-
ing for an, effective
i date.