Ordinance 2008-43 ORDINANCE NO. 2008-43
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 200&09,
AMENDING PLANNED DEVELOPMENT-2006-01; TO
ALLOW FOR FLEXIBILITY OF WALL SIGNAGE BY
ESTABLISHING PROVISIONS WITHIN THE CC ZONED
DESIGNATION (FOR RETAIL & SERVICE USES) OF THE
PD DISTRICT. 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 District,
said property being described in Exhibit "A" (Legal Description), Exhibit "B" (Planned
Development Conditions), Exhibit "C" (Location Map) 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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in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.
Ordinance No. 2008-43
Amending Zoning Ordinance
Planned Development 2006-01
Zoning Case 2008-09
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 nat 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 ordina~ce, or parts thereof, by the enactrnent 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 23'~ day of September, 2008.
```~~~~ini?r~jc Hoglle, Mayo
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, Date of publication in The Wylie News - October 1, 2008
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Ordinance No.2008-43
Amending Zoning Ordinance
Planned Development 2006-01
Zoning Case 2008-09
Ez6ibit "A"
Legal Description
Zone Case #200&09
~ Tract 1
~
Being situated in the William Sachse Survey, Abstract No. 835, Collin County, Texas and being
part of a 111.848 acre parcel .of land calied Tract 1, conveyed to Iona. H. Ingram and being part
of a 87.282 aere parcel of land called Tract 2, conveyed to Mary Allene Jones, from the partition
of the Estate of Mollie Sachse, described in Partition Deed recorded in Volume 826 at Page 579
of the Dced Records of Collin County, Texas (DRCCT), and also being a part of a 111.848 acre
tract conveyed to Mary A11ene 7ones by Executrix's Deed recorded in Volume 05102 at Page
044b5 (County Clerk's File No. 2002-0020781) of the DRCCT, and being more particularly
described as follows:
BEGINNING at a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for corner
in the west line of said William Sachse Survey and the most westerly line of said Tract 2 and
also being in the south right-of-way line of F.M. Road No. 544 (120' R.O.W.);
; TI~NCE North 89 degrees 44 minutes 08 seconds East with said south right-of-way line of
F.M. Road No. 544 (120' RO.W.) and with the south line of a 0.5572 acre tract of land
conveyed to the State of Texas by Mary Allene Jones in deed recorded in Volume 4457 at Page
~ 2146 of the DRCCT, passing the common line of said Tracts 1& 2 at 1215.89 feet and
continuing with the South line of a 0.6743 acre tract of land conveyed to the State of Texas by
` Iona H. Ingram, in all a tortal distance of 1987.83 feet to a concrete TXGOT monument found for
comer, the top of said monument being destroyed;
THENCE North 89 degrees 57 minutes 14 seconds East with said 0.6743 acre State of Texas
tract 696.26 feet to a 5/8" iron rod with yetlow plastic cap stamped "RPLS 5405" found for
comer in the east line of said Tract 1;
TI~NCE South 00 degrees 35 minutes 49 seconds East with said east line of said Tract 1 a
distance of 1000.00 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" set for
corner;
TI~NCE South 89 degrees 47 minutes 30 seconds West a distance of 2690.00 feet to a 5/8" iron
rod found with yellow plastic cap stamped "RPLS 5405" set for comer in said westerly line of
said Tract 2;
TI~NCE North 00 degrees 15 minutes 30 seconds West with said westerly line of said Tract 2
and said west line of William Sachse Survey, generally along old fence line, at 20.38 feet passing
the northeast corner of a 5.955 acre tract of land conveyed to Harry M. Breen and Joyce E. Breen
in a deed recorded in Volume 1692 at Page 0804 of the DRCCT and continuing for a total
distance of 1000.00 feet to the PLACE OF BEGINNING and containing 2,689,651 squaze feet or
61.746 acres of land, more or less.
Tract 2
Being situated in the William Sachse Survey, Abstract No. 835, Collin County, Texas and being
part of a 111.848 acre parcel of land called Tract 1, conveyed to Iona H. Ingram and being part
of a 87,282 acre parcei of land called Tract 2, conveyed to Mary Allene 7ones, from the partition
of the Estate of Mollie Sachse, described in Partition Deed recorded in Volume 826 at Page 579
of the Deed Records of Collin County, Texas (DRCCT), and also being a part of a I 11.84$ acre
tract conveyed to Mary Allene Jones by Executrix's Deed recorded in Volume 05102 at Page
04465 (County Clerk's File No. 2002-0020781) of the DRCCT, and being more particularly
described as follows:
CONIMENCING at a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for
comer in the west line of said Williarn Sachse Survey and the most westerly line of said Tract 2
and aiso being in the south right-of-way line of F.M. Road No. 544 (120' R.O.W.);
TI~NCE North 89 degrees 44 minutes OS seconds East with said south right-of-way line of
F.M. Road No. 544 (120' RO.W.) and with the south line of a 0.55'72 acre tract of land
conveyed to the State of Texas by Mary Allene Jones in deed recorded in Volume 4457 at Page
2146 of the DRCCT, passing the conunon line of said Tracts 1& 2 at 1215.89 feet and
continuing with the South line of a 0.6743 acre tract of land conveyed to the State of Texas by
Iona H. Ingram, in all a total distance of I987.89 feet to a concrete TXDOT monument found for
corner, the top of said monument being destroyed;
THENCE North 89 degrees 57 minutes 14 seconds East with said 0.6743 acre State of Texas
tract b96.26 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for
~ corner in the east line of said Tract 1;
TI~NCE South 40 degrees 35 minutes 49 seconds East with said east line of said Tract 1 a
distance of 1000.00 feet to a S/8" iron rod with yeilow plastic cap stamped "RPLS 5405" found
for corner and the PLACE OF BEGINNING;
THENCE South 00 degrees 35 minutes 49 seconds East with the east line of said Tract 1 a
distance of 1146.47 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found
for corner in the north line of a called 9.32 acre tract of land conveyed to Texss Power & Light
Company, Inc. by Molly H. Sachse et al in Warranty Deed recorded in Volume 574 at Page 411
and amended in Volume 2325 at Page 730 of the DRCCT, from which a 5/8" iron rod found
bears South 89 degrees 53 minutes 15 seconds East a distance of 9.68 feet for the northeast
comer of said 9.32 acre tract;
TT-~NCE North 89 degrees 53 minutes 15 seconds West with the northerly line of said 9.32 acre
tract passing said common line of said Tracts 1& 2 at 1468.34 feet and continuing for a total
distance of 2601.01 feet to a'/z" iron rod found for the northwest comer of said 9.32 acre tract
and being in a west line of said Tract 2;
THENCE North 00 degrees 36 minutes 59 seconds West with the west line of said Tract 2 a
distance of 658.47 feet to a 4" steel fence post found for corner, said fence post also being the
~ northeast eorner of a 1.4112 acre tract of land conveyed to the City of Sachse, Texas, a municipal
„ corporation, by deed recorded in Volume 2344 at Page 375 of the DRCCT;
TI~NCE North 85 degrees 39 minutes 12 seconds West with the north line of said City of
Sachse tract and along fence line passing a 4" steel fence post at 90.54 feet and continuing for a
total distance of 92.00 feet to point for corner in said west line af said William Sachse Survey,
said point also being in the east line of a 4.983 acre tract of land conveyed to Harold W. Criswell
by Warranty Deed with Vendor's Lien recorded in Volume 4005 at Page 2258 of the DRCCT;
THENCE North 00 degrees 15 minutes 30 seconds West with said westerly line of said Tract 2
and said west line of said William Sachse Survey, generally along old fence line, at 194.64 feet
passing a 3/8" iron rod found for the southeast corner of a 5.955 acre tract of land conveyed to
Harry M. Breen and Joyce E. Breen in deed recorded in Volume 1692 at Page 0804 of the
DRCCT and continuing for a total distance of 466.13 feet to a 5!8" iron rod with plastic yellow
cap stamped "RPLS 5405" set for comer;
THENCE North 89 degrees 47 minutes 30 seconds East a distance of 2690.00 feet to the PLACE
OF BEGINNING and containing 3,005,416 square feet or 68.995 acres of land, more or less.
Tract 3
Being situated in the William Sachse Survey, Abstract No. 835, Collin County, Texas and being
part of a 111.848 acre parcel of land called Tract l, conveyed to Iona H. Ingram and being part
of a 87.282 acre parcel of land called Tract 2, conveyed to Mary Allene Jones, from the partition
of the Estate of Mollie Sachse, described in Partition Deed recorded in Volume 826 at Page 579
of the Deed Records of Collin County, Texas (DRCCT), and also being a part of a 111.848 acre
tract conveyed to Mary Allene Jones by Executrix's Deed rer.orded in Volume 05102 at Page
04465 (County Clerk's File No. 2002-0020781) of the DRCCT, and being more particularly
described as follows:
~ ,
` CONIlVIENCING at a 5/8" uon rod with yellow plastic cap stamped "RPLS 5405" found for
comer in the west line of said ~lliam Sachse Survey and the most westerly line of said Tract 2
and also being in the south right-of-way line of F.M. Road No. 544 (120' R.O.W.);
TI~NCE North 89 degrees 44 minutes 08 seconds East with said south right-of-way line of
F.M. Road No. 544 (120' RO.W.) and with the south line of a 0,5572 acre tract of land
conveyed to the State of Texas by Mary Allene Jones in deed recorded in Volume 4457 at Page
2146 of the DRCCT, passing the common line of said Tracts 1& 2 at I215.89 feet and
continuing with the South line of a 0.6743 acre tract of land conveyed to the State of Texas by
Iona H. Tngram, in all a total distance of 1987.83 feet to a concrete 1'XDOT monument found far
comer, the top of said monument being destroyed;
TI~NCE North 89 degrees 57 minutes 14 seconds East with said 0.6743 acre State of Texas
tract 696.26 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405" found for
comer in the east line of said Tract 1;
TI~NCE South 00 degrees 3 S minutes 49 seconds East with said east line of said Tract 1 a
distance of 2146.47 feet to the north line of a called 9.32 acre tract of land conveyed to Texas
Power & Light Company, Inc. by Molly H. Sachse et aI in Warranty Deed recorded in Volume
574 at Page 411 and amended in Volume 2325 at Page 730 of the DRCCT and coirtinuing for a
total distance of 2296.64 feet to a 5/8" iron rod with yellow plastic cap stamped "RPLS 5405"
found for comer and the PLACE OF BEGINNING;
TI-~NCE South 00 degrees 35 minutes 49 seconds East with the east line of said Tract 1 a
distance of 944.16 feet to a 4" steel fence post found for corner from wluch a'/2" iron rod found
bears North 29 degrees 13 minutes 02 seconds East a distance of 0.72 feet, said fence post being
the southeast comer of said Tract 1 and the northeast corner of a 99.694 acre tract of land
conveyed to North Texas Municipal Water District by deed recorded in Votume 2281 at Page
358 of the DRCCT and also being in the westerly line of a 51.531 acre tract of land conveyed to
B.C. Wood and Nettie Wood by deed recorded in Volume 1120 at Page 856 of the DRCCT;
TfIENCE South 88 degrees 21 minutes 00 seconds West with the southerly line of said Tract 1
and with the northerly line of said North Texas Municipal Water District tract and generally
along fence line, passing the southwest corner of said Tract 1 at 1468.48 feet and continuing with
the southerly line of said Tract 2 for a total distance of 2195.99 feet to a 4" steel fence post found
for corner;
THENCE North 42 degrees 32 minutes O1 seconds West with a southwesterly line of sa.id Tract
2 and with an easterly line of a 5.5445 acre tract of land conveyed to the City of Sachse, Texas, a
municipal corporation, by deed recorded in Volume 2344 at Page 375 of the DRCCT and
~enerally along fence line 499.61 feet to a 4" steel fence post found for comer;
TI~NCE North O1 degrees 40 minutes 30 seconds West with a westerly line of said Tract 2 and
with an easterly line of said City of Sachse tract and generally along fence line 582.46 feet to a
4" steel fence post found for corner;
T'HENCE South 85 degrees 25 minutes 50 seconds West with a northerly line of said Tract 2 and
with a northerly line of said City of Sachse tract and generally along fence line 60.41 feet to a 4"
steel fence post found for comer,
THENCE North 00 degrees 36 minutes 59 seconds West with a westerly line of said Tract 2 and
with an easterly line of sa.id City of Sachse tract and generally along fence line 67.03 feet to a'/2"
iron rod found for corner, said iron rod being the southwest corner of said 9.32 acre tract;
TI~NCE South 89 degrees 53 minutes OS seconds East with the southerly line of said 9.32 acre
tract 2600.96 feet to the PLACE OF BEGINNING and containing 2,431,529 square feet or
SS.820 acres of land, more or less.
EXHIBIT "B"
PLANNED DEVELOPMENT CONDITIONS
PD 2006-O1
SECTION 3.10 SIGNAGE
(ZONING CASE 2008-09)
• Occupants with 60 feet or more of lineal frontage of building wall shall be allowed to
install wall signs on each face of their building not to exceed 75% of the width of the
available building frontage or store frontage for such occupant and the height of the
allowable wall signs shall not exceed 7 feet.
Ex: 250 feet of frontage x 0.75= 187.5 total allowable width for signs
• For occupants with less than 60 feet of lineal frontage of building wall, wall signs on
each face of their building shall not exceed 75% of the width of the available building
frontage or store frontage for such occupant and the height of the allowable wall signs
shall not exceed 4 feet.
• Any occupants of buildings located within 300 feet of the property line along FM
544, shall not have wall signs that exceed 4 feet in height.
• Target shall be permitted to install its corporate logo bullseye (i) not to exceed 12 feet
in diameter on the side and rear of the building, and (ii) not to exceed 9 feet in
diameter on the front of the building.
• Side and rear wall sign shall not exceed in square footage area or be greater in size
than sign mounted on the front of the building or lease space.
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LOCATIDN MAP
CB~S Media, Inc.
•
~I~e ~armrr~bilte ~in7e~ • n~1u~-ph~ ~~Ionitor • The Princeton Herald • The SaChse News •'CHE WYI,IE NEWS
STATE OF TEXAS l ~1 ~
3
COUNTY OF COLLIN
I3ef'ore me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of 7'he 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 2008-43, 2008-44, 2008-45
was published in said newspaper on the following dates, to-wit:
October 1, 2008.
~
Chad F,ngbrock, Publisher
~L
Subscribed and sworn before me on this, the day of ~ , 2008
to certii'y which witness my hand and seal of office.
j'+j ~~I ~ ~~'l/ 1
Notary Public i for
The State of Texas
My commission expires ~ ~
os'pY p~`"~~'tiMI1~/V~I
Sonia A ~n
ri y Com
09J0?1201~ ~res
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Miu~phy/S;ichse/W~~Iie Office • I 10 N. t3ullard • P.O. Box 3(i9 • Wyli~.'I'X 7509R • 972-4d2-SS15 • fax 973-443~-4318
Purmcrsville/Princcton Officc • 101 S. Main • P.O. Bo~~ S I? • Furmc~svillc.'I~X 7>442 • 972-7H~7-fi397 • fux 972-7R?-7023
October 1- 2, 2008 3C
J'G-RDINANCE NO.
~g118-43
AN ORDINANCE OF
THE CITY OF
WYLIE, TEXAS,
AMENDj:iriG THE
COMPREHENSIVE
ZONING ORDI-
NAN~E OF THE
CITY OF WYLTE, AS
HERETOFORE
AMENDED, SO AS
TO CHANGE THE
ZONING ON THE
HEREINAFTER
DESCRIBED PROP-
ERTY, ZONING
CASE NUMBER
2008-09, AMENDING
PLANNED DEVEL-
OPMENT-2006-01;
TO ALLOW FOR
FLEXIBILITY OF
WALL SIGNAGE BY
ESTABLISHING
PRQVISI(1NS WITH-
IN ~~TI-~E ,7CC ZQ~tED
DESIGNATION (FOR
RETAIL & SERVICE
USES) OF THE PD
DISTRICT. PROVID-
ING FOR ~A PENAL-
TY FOR THE VIOLA-
TION OF THIS ORDI-
NANCE; PROVID-
ING FOR THE
REPEAL OF ALL
ORDINANCE3 IN
CONFLICT; PROVID-
ING A SEVERABILI-
TY CLAUSE; AND
PROVIDING FOR AN
EFFECTIVE `DATE.