Ordinance 2007-35
ORDINANCE NO. 2007-35
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 2007-05, FROM PLANNED
DEVELOPMENT (PD) DISTRICT WITH A SPECIFIC USE PERMIT
(SUP) TO PLANNED DEVELOPMENT (PD) DISTRICT FOR
NEIGHBORHOOD SERVICE 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 Planned Development (PD)
District for Neighborhood Service uses, said property being described in Exhibit "A", Exhibit
"B" (PD Conditions) and Exhibit "C" (Concept Plan) 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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in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.
Ordinance No. 2007-35
Amending Zoning
Zoning Case 2007-05
SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of
",..'_"'1 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.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas,
this 23rd day of October, 2007.
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Date of publication in The Wvlie News - October 31 , 2007
Ordinance No. 2007-35
Amending Zoning
Zoning Case 2007-05
Exhibit "A"
Legal Description
Zone Case #2007-05
BEING situated in the City of Wylie, Collin County, Texas at the northeast comer of
Collins Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also
being described as Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm
Addition.
""""""
Exhibit B
Zoning Case No.:
Conditions of the Planned Development District
NE Corner of FM 544 and Collins Blvd. in the City of Wylie, Collin County, Texas
Lot 1 Block E and Lot 2 Block E of Bozman Farm Estates, Comprising 2.02 Acres
A. General Conditions:
1. This Planned Development District request shall not affect any
regulation found within the Code of Ordinances, unless specifically
provided herein.
2. All regulations of the existing Neighborhood Services (NS) Zoning
set forth in Article 4 of the Zoning Ordinance (as adopted January,
2006) are included by reference and shall apply as specifically
stated herein.
B. Special Conditions:
1. The requirements as outlined in Figure 4-6, Site Design
Requirements, Base Standard will apply as well 4 of the following
,:-- design requirements listed under Desirable thereby meeting 4 of
the 8 characteristics as required by the Ordinance:
i. Page 55, Building Placement, (c) Front fagade oriented to
the street
ii. Page 57, Access Drives, (a) Combined access points with
adjacent tracts and (b) Direct connection between buildings
and street
iii. Page 58, Location of Service and Loading Areas, (a) Not
visible from public street but provide masonry screening
2. The requirements as outlined in figure 4-7, Landscaping Design
Requirements, Base Standard will apply as well 6 of the following
design requirements listed under Desirable thereby exceeding the 4
of 8 characteristics as required by the Ordinance:
i. Page 58, Landscaping in Required Yards, (a) Landscaping
that exceeds the minimum by 20%, thereby increasing the
desirable characteristic by an additional 10%
ii. Page 59, Landscaping of Parking Lots, (a) Landscaping 10%
or more in excess of 50 sq.ft./ space and (b) Parking lots
with no space further than 40 feet from a landscaped area
and (c) Landscaped pedestrian connection to both sides of
the main entrance which exceeds the requirement of
Desirable Characteristic by an additional 100%
Hi. Page 60, Visual Screening, although required by the Base
,',~ Standard to be only 3 feet in height when planted, the plants
will be 6 feet in height when planted thereby increasing the
Base Standard by 100%
iv. Page 61, Landscaping of Street Frontages, (a) Use of rock
walls or other landscape features and (c) Provision of special
benches, pedestrian lighting other streetscape elements
3. The requirements as outlined in Figure 4-8, Architectural Design
requirements, Base Standard will apply as well as 4 of the following
design requirements listed under Desirable thereby exceeding the 3
of 6 characteristics as required by the Ordinance:
i. Page 62, Building Materials, (a) Use of two complementary
primary fayade materials to help achieve fa9ade articulation,
visual variety and/or architectural detailing and (b) Copy
same style entire block
ii. Page 62, Building Materials, Base Standard, (a) Buildings
will be constructed of brick with at least 40% stone on the
front fa9ade thereby increasing the Base Standard by 100%
iii. Page 63, Building Articulation, Form and Massing, (b) Use of
Architectural detailing and/or materials to provide variety in
visual appearance
iv. Page 65, Architectural Compatibility, (b) Buildings with hip
roof sections, dormers or two or more gable roof sections at
right angles to each other
4. The following uses shall be permitted by right as functions of the
,,- PO:
i. Day Care Facility
ii. School (Public or Private) Elementary
iii. School (Public or Private) Secondary
iv. Financial Institution (without drive thru)
v. General Office
vi. Medical Clinic
vii. Health Club
viii. Club or Lodge (Nonprofit)
ix. Dry cleaning or Laundry, Drop-Off or Self Service
x. General Merchandise or Food Store 5,000 sq.ft. or less
xi. Household Equipment & Appliance Repair
xii. Personal Service Use
xiii. Restaurant without Drive-In or Drive Thru Service
xiv. Accessory Community Center (Private)
xv. Accessory Game Court (Private)
xvi. Swimming Pool (Private)
5. The Following uses shall be permitted with Special Use Permit
(SUP):
i. Animal Boarding/Kennel without Outside Pens
ii. Financial Institution (with drive thru)
iii. Animal Clinic or Hospital
i....._ iv. Food Processing
v. General Merchandise or Food Store greater than 5,000 sq.ft.
vi. Motor Vehicle Fueling Station
6. Any drive-thru service windows will not be located on any wall that
is facing public streets.
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CONCEPT PLAN
Planned Development District
Zoning Case No.:
C$S Medir~ ?nc.
, aG~je ~'armergbilCe ~Cime~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS
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STATE OF TEXAS ~ ~7
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie - Ordinance No's 2007-35, 2007-36, 2007-37
was published in said newspaper on the following dates, to-wit:
October 31, 2007
Chad Engbrock, Publisher
Sf
Subscribed and sworn before me on this, the ~ day of ~ , 2007
to certify which witness my hand and seal of office.
:o~~pvn~sp, J~ w W
' MP+WY AWAN~
'r.' : Notary Pu~~l~. ~t~t9 TexAs
My ~Ar~~nisnea~ ~xp~~~~ Notary Pub ic in and for
s~ptemd~~ 2~, ~qit1 The State of Texas
My commission expires l-~' a~ ~ 0
Murphy/Sachse/Wylie Office • 1 l0 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318
Farmersville/Princeton Office •]Ol S. Main • P.O. Box 512 • Fazmeisville, TX 75442 • 972-784-6397 • fa~c 972-782-7023
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ORDINANCE NO.
2007-35
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
THE COMPREHEN-
SIVE ZONING ORDI-
NANCE OF THE CITY
OF WYLIE, AS
HERETOFORE
AMENDED, SO AS TO
CHANGE THE ZONING
ON THE HERE-
INAFTER DESCRIBED
PROPERTY, ZONING
CASE NUMBER 200'3=
O5, FRQM . P~ANNED
DEVELOPMENT (PD)
DISTRICT WITH A
SPECIFIC USE PERMIT
(SUP) TO PLANNED
DEVELOPMENT (PD)
DISTRICT FOR NEIGH-
BORHOOD SERVICE
USES; PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR THE
REPEAL OF ALL
ORDINANCES IN CON-
FLICT; PROVIDING A
SEVERABILITY
CLAUSE; AND PRO~
VIDING FOR AN
EFFECTIVE DATE.