Ordinance 2023-06 ORDINANCE NO.2023-06
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 2022-18,
FROM DOWNTOWN HISTORIC DISTRICT — RESIDENTIAL ONLY TO
ALLOW COMMERCIAL AND/OR RESIDENTIAL USES; 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 Downtown Historic District, said property being
described in Exhibit A(Legal Description), 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and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of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
Ordinance No.2023-06 280 W.Brown Street(ZC 2022-18) Page 1 of 2
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 January,2023.
?e7,177
Matthew Porter,Mayor
ATTEST:
i0, th JIMA,
Stephanie Storm,City Secretary ';,
DATE OF PUBL/ -F in ty 1,A019,in the Wylie News
Ordinance No.2023-06 280 W. Brown Street(ZC 2022-18) Page 2 of 2
EXHIBIT A
EASEMENTS
a<2w.ea,e I I
\ (Title Commitment Schedule B)
_"? w v <o z6.Mace eCo. 10.g Right of Way Agreement recorded m Volume 592,Page 70,
vit w�eraer o e: ..k.[role:
°'°q"'Ccww. Semi I I ' axe I Ccwe Deed Records,Collin County.Texas by and between St.Louis
ter° ccwwg. ` Southwestern Railwa Company SI E 9891' -_y POINT OF Y of Texas et of and American
OW-y --1 '°°+ '004/ -+ BEGINNING Liberty Pipe Line Company (Does not affect the subject property)
'L I NBHkC'CINc "BNkc'
9C5w561Y Ie21Rf 5812' w6.19' '465M 5228' 10,h Trackage Rights Agreement said to be partly terminated
M.zr OM
9 9 ( Par Y )
UR< with Southern Pacific Transportation Company and Limited Term
Trackage Rights Agreement with Dallas Rapid Transit.by St. Louis
Southwestern Railway Company to DART,recorded in Volume
„ _ o
"I' 88083,Page 5008, Deed Records,Dallas County,Texas and in
Volume 88102, Page 63,Deed Records,Dallas County,Texas.
nrc r i 4
a Agreement not filed for record in Collin County (May or may not
affect the subject property, would need to we determined by an
lot„2 ) I attorney)
&Hit d,ry Ado-bon
i VW p,�22 0.476 Acres ( 10.i Right of Way Agreement,Volume 5862,Page 155,Deed
Ci s/tov,.Oeooe.esrern RR Company Records,Dallas County,Texas, by and between St. Louis
$w (Po./a a rave rw%r Ore hod)Vol.302W°y 4102 MR ) 1 Southwestern Railway Company of Texas,et al and American
s k°on a/e ro.y 722 dare',al ) Liberty Pipe Line Company;said Right of Way last assigned to
MI e.,Pg.204.Cad Conoco PI pe Line Company,recorded in Volume 83053, Page
b I I 4 2004,recorded in Volume 86009,Page 5172;recorded in Volume
4501
i __ __ Pa ry m I R. ) ` 85202 Page 4823; recorded In Volume R Page 209,
W 501"``°' j 0 a / recorded In Volume 89057, Page 357,Deed Records,Dallas
ro ry County,Texas.Agreement also recorded m Volume 3754, Page
h / 485;Volume 7461, Page 1862;Volume 8336, Page 438;Volume
poi ) / 4 9272,Page 784 and Volume 9540,Page 2126,Deed Records,
A
Torront County,Texas.(Does not affect the subject property)
b ! Q
` / r / O 10 j Easement from St Louis Southwestern Railway Company to
3fu, a oe ( a Dallas Area Rapid Transit Acquistion Corporation recorded in
/(u Volume 3424, Page 175,Lond Records,Collin County,Texas.
ao.o980 2 P Bums Menron a fs^ ) (Does affect the subject property)
` ✓d_O. AL I"�P I I_ o�wvma k.Assignment of Leases,Licenses, Franchises or Other Interest m
Real Property from St. Louis Southwestern Railway Company,
) __/ve _ Assignor to Dallas Area Rapid Transit Property Acquistion
ICorporation,Assignee, recorded in Volume 3430, Page 715,Land
NOTE vie oR 00uNI SNE 00 zo R5ED. ( � /e Records,Collin County,texas,recorded �n volume 91008,Page
///\\\ 5 52 25'
soar ' --T 1431,and recorded in Volume 10181, Page 1227,Deed Records,
lj p1Pf ,�-;,, J _ /d Tarrant County Texas.(May o may not affect the subject
property,would need to be determined by an attorney)
,hfl . uu
Ra55 10.1 Memorandum of Lease/Purchase Agreement recorded'n
5yac "`., o - 5s'' m �ri 8 e _ Volume 91031 Page 700, Deed Records, Dallas County Texas;
BrOD',,Street
y9 ✓n 6 Volume 3443, Page 727,Land Records,Collar County,
/I Texas,recortled in Volume 10179,Page 0221,Deed Records,
` lY« 589'5420'W e688,o ' win w,., Imes` e �Rxcs n.., Tarrant County,Texas, by and between Dallas Areo Rapid Transit
0wuP m w "l(l ( - - • Property Acquistion Corporation and Dallas Area Rapid Transit.
(Does affect the subject property)
� • �s t0.m Agreement recorded m Volume 875, "age 565,Deed
i.e. _ \ -- • Records,Collin County Texas by and between St. Louis
a_'- -'' : • cm', f Southwestern Railway Company and City of Wylie,Texas (Based
y w Con. _ ° -41'"` - on being near 'le post C-580 196 tnis would not affect the
(..az,0,..J t% • subject property)
CC/2W602IMOMS I IP.
CIw I k�4 10.n Easement For Street recorded m Volume 744,Page 624,
I Deed Records,Collin County,Texas, from St. Louis Southwestern
Railway Company of Texas and St.Louis Southwestern Railway
Company,a Missouri Corporation to the City of Wyl,e.(Does
affect the subject property)
10.o Assignment of_eases, Licenses,Franchises or Other
Interests in Real Property from Southern Pacific Transportation
Company to Property Acquistion Corporation,Assignee,filed
LepA 01/11/91,recorded Volume 91008,Page '492,Deed Records,
Dallas County,Texas. (Does not affect the subject property)
R cnR cat cou,Ia R«wm
MLR WOG xm.o,e4,ar uy wn. 10.p Assignment of Leases,Licenses,Franchises or Other Interest
RRcs R in Real Property from Dollos Terminol Railway and Union Depot
/fu U/Me co.j cOPe,War Company,assignor to Dallas Area Rapid Transit Property
®SsuR Him.,s..a.•mwe 9" P� Per y
QspRR Storm Dram wivar Acquistion Corporation,recorded in Volume 91008,Page 1510,
0' 30' w WaterDeed Records, Dallas County,Texas. (Does not affect the subject
aver Ir.Rraiment 8ro,a� /aoi.e property)
Scale: 1"=30'
10.q Assignment of Operating Rights from Si Louis Southwestern
Railway Company to Dallas Area Rapid Transit Property Acqui stior
Corporation.recorded In Volume 91008,Page 1559.Deed
Notes. 1)Bearings based on Texas State Plane Coordinate System, North Records, Dallas County,Texas,recorded in Volume 3430,Page
Central Zone 4202 (NAD83)2)No part of the subject property is shown 677,Land Records,Collin County,Texas,recorded in Volume a
to he within Special Flood Hazard Area inundated by 100-year flood per 10181,Page 1289, Deed Records,Tarrant County,Texas. (Does
Map No.48085C0420J of the F.EMA.Flood Insurance Rate Maps for Collin affect the subject property)
County,Texas and Incorporated Areas,doted June 2, 2009(Zone X); 3)
this survey was performed with the benefit of rifle Commitment OF No 10.r Assignment of Operating Rights from Da:las Terminal Railway
LT-191 35-190I 35220002t-BC issued February 23,2022; and Union Depot Company,Assignor to Dallas Area Rapid Transit
4trvw\aii Certificate Property Acguisti on Corporation,recorded in Vo:ume 91008, Page
1545,Deed Records, Dallas County,Texas.(Does not affect the
PROPERTY DESCRIPTION To• Buyer. Wylie Economic Development Corporation; Seller: St. subject property)
Louis Southwestern Roil way Company; Title Company Fidelity National
SITUATED in the State of texas,Countyf Collin,City of W g part of Title Insurance Company 10.s Grant of Easement and Agreement(Fibre Ootics)byand
o y ylle,being greePro
the Samuel B Shelby Survey,Abstract No.820.being part of a called 16.003 acrebetween Dallas Area Rapid Transit Property Acquistion Corporation
tract of land within the railroad right-of-way as recorded in Volume 5028.Page I hereby certify that on the 2nd day of November 2021,this survey and St. Lou's Southwestern Railway Company recorded m Volume
4107,of the of Collin County Land Records,same being port of a called 7 33 a was made or the ground as per the field notes shown on the survey 91008,Page 1597, Deed Records,Dallas County,Texas,recorded
tract as previously described�n Volume 44,Page 204,of the Collin County Land e and'e true,correct,and accurate as to the boundaries and areas ine Volume 3424,Page 183, Land Records,Collin County,Texas,
Records,with said of the subject property and the size,location,and types of buildings recorded in Volume 10146,Page 690,Deed Records,Tarrant
d premises being more particularly described as follows: and improvements thereon,If any and as to the other matters County,Texas. (May affect the subject property)
shown hereon,and correctly shows the location of all visible
BEGINNING at a"4658"copped Iron rod found in the southeast corner of Lot easements and rights-of-way and of all rights-of-way,easements.
26,Block 4,of Meadowview Estates Block 1-4,as corded:n Volume P,Page 744 and any other matters of record,or which I have knowledge or
of the Collin County Mop Records,marking an interior en corner of said 16 003 have been advised,whether or not of record, affecting the subject
acre tract and the northeast corner of the herein described premises; property,and the location of all curb cuts and driveways,if any
THENCE passing through said 16.003 acre tract,South 08'31'32"West, Except as shown on the survey, there are
no encroachments upon
passing of 181,50 feet a Roome copped it rod set and continuing for a total the subject property by improvements on adjacent property, there
distance of 210 58 feet to a point for corner in the approximate centerline of are no encroachments on adjacent property,streets,or alleys by any
Brown Street and marking the southeast corner of said premises; improvements on the subject property,and there are no con lots or
discrepancies
THENCE with the approximate centerline of Brown Street,South 89'54.20"
West,98.88 feet to a paint the west line of said 16 003 acre tract, the west Both v or and pedestrian ingress to and egress from the subject
m
line of sold 733 acre tract and marking the southwest corner of said premises. property isu provided by Brown Street,which abut(s)the subject
property,arias physically open and being used. Title Survey
THENCE with a west line of said 16 003 are tract,the west line of said This survey complies with the current Texas Society of Professional
7 33 acre tract and partway with the east line of Lot 75R and Lot 74R,Block 12, Surveyors Standards and Specifications fora Category 1A,Condition II 0.476 Acre Tract
Brown&Burns Addition,os recorded in Volume 0.Page 33 of the Collin County Survey.
Map Records,North 08.26'28"East,passing at 29 07 feet a Roome capped,ran Part ofa called 16.003 Ape Tract
rod set,passing of 32.43 feet a Roome capped iron rod found marking the Recoldedin Volume 5028, 4107,CCLR
southeast corner of Lot 75R,passing at 119.19 feet a Roome capped v rod Pa
ge
found marking the northeast corner of Lot 75R aria the southeast c of Lot Samuel B.Shelby Survey,,Absbaet No.820
74R,passing at 21069 feet a 1/2"iron rod found for reference,and continuing .. 'D. . City of Wylie,Collin County Texas
far a total distance of 212 59 feet to a point for corner In the south line of Lot ,eti 5 i
L 27,Black 4,of Meadowview Estates.mocking the northeast corner of Lot 74R,the dk
northwest corn c
of said 7 33 P e tract and the northwest corner of said €'�� 1 F.E.BEMENDERFER"
e JR;premises,from which a"BH&C"capped iron rod found bears North 88'54'58"West, P\nC\202201\AC88910].d.g
82.27 feet; F.E Bemenderrer Jr • \. 4051
Registered Professional Land 2 :,;51� Roome
THENCE with the south line of Meadowview Estates, the north line of said Surveyor No 4051 - eUeV!- ifI,
7 33 acre tract and a north line of said 16 003 acre tract,South 88'54'58"East, Title Survey Date. 03 03.2022 Land Surveying
passing at 52.12 feet a"BH&C"capped iron rod found and continuing for a total Revised:03.0720224111,
I y 9
distance of 98 91 feet to the lace of beginning and containing 0.476 acres of Revised:08.12 2022(undo.utility cation ,, 2000Avarue G,75074Sulk e10
land p ginning 9 ("9 Y o )
Piero,Sam
Phone nest)ereyin Pt//F rn 2)No.100/323
10
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