Ordinance 2009-18-1 ORDINANCE NO. 2009 -18 -1
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 2009 -03, LIGHT
INDUSTRIAL (LI) DISTRICT TO COMMERCIAL
CORRIDOR (CC) 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 Corridor Commercial (CC)
District, said property being described in Exhibit "A and Exhibit `B" (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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in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.
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
Ordinance No. 2009 -18 -1
Zoning Case No. 2009 -03
Amend Zoning from LI to CC
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 23` day of June, 2009.
Eric Hogue, Mayor
ATTEST: .0 OF WI,.
Carole Ehrlic .City Secretary
Date of ublication in The W lie News Jul 1 2 '10" 1 41 0p:
-qv er
Ordinance No. 2009 -18 -1
Zoning Case No. 2009 -03
Amend Zoning from LI to CC
Exhibit "A"
Legal Description
Zone Case #2009 -03
SITUATED in Collin County, Texas, out of the RICHARD D. NEWMAN SURVEY, ABSTRACT NO.
660, and being a part of a tract formerly called 87.42 acres (plus 0.75 acres in the Duke Strickland
Survey, Abstract No. 841) conveyed to S.C. and Martha Ann Rogers by Howell W. Kitchell and wife by
Deed recorded in Volume 315, Page 273 of the Collin County Deed Records, and being Tract Number
Three as awarded in Decree of Partition dated January 30, 1969, in Cause No. 28809 in the District
Court 96 Judicial District, Collin County, Texas, and recorded in Volume 748, Page 537 of the Collin
County Deed Records, said tract being more particularly described as follows:
BEGINNING at an iron rod found in place in the North line of the said Newman Survey, said corner
being the Northwest corner of Tract 2, in said Cause No. 28809, and said corner bears North 80 deg. 00
min. West, 1188 feet and North 85 deg. 15 min. West 585.42 feet from the Northeast corner of the said
87.42 acre tract and said corner being in the center of a rock road as still traveled;
THENCE South 1 deg. 02 min. West, a distance of 208.71 feet to an iron rod set and being the
Southwest corner of the said Tract 2;
THENCE North 85 deg. 15 min. West, a distance of 71.56 feet to an iron rod for corner;
THENCE South 0 deg. 07 min. West, a distance of 1103.12 feet to an iron rod for corner which bears
North 0 deg. 07 min. East, a distance of 4.21 feet from an iron rod found in place;
faVetatla
THENCE North 88 deg. 45 min. West, a distance of 283.67 feet to an iron rod for corner;
THENCE North 0 deg. 05 min. 50 sec. East, a distance of 1328.10 feet to an iron rod for corner in the
approximate center of a rock road as still traveled;
THENCE along the approximate center of said road as follows:
South 87 deg. 37 min. East, 33.25 feet to an iron rod for corner;
South 85 deg. 15 min. East, 326.58 feet to the Place of Beginning and containing 8.9558 acres of land,
more or less.
Save and Except
Alanis Drive Right -of -Way
BEING a parcel of land for Alanis Drive right -of -way being over, under and across a tract of land
described as 8.9558 acres situated in the Richard D. Newman Survey, Abstract No. 660, in Collin
County, Texas, conveyed to Shirley Ann White by a deed now of record in instrument No. 98- 0084111
of the Land Records of Collin County, Texas, said right -of -way being described as follows:
BEGINNING at a'' /s -inch iron rod set with a yellow cap marked "BHC" set at the northeast corner of
asaroat said Shirley Ann White tract, said point being in the existing south right -of -way line of Alanis Drive,
said point also being the northwest corner of a 1.00 acre tract of land conveyed to Universal Spray
Painting, Inc. by a deed recorded in Instrument No. 93- 0011343, of the Land Records of Collin County,
Texas, said iron rod bears S 88 °45' 12" W, a distance of 342.81 feet from a 5/8 -inch iron rod found at the
intersection of the existing north right -of -way line of Alanis Drive and the west right -of -way line of
Century Way;
Ordinance No. 2009 -18 -1
Zoning Case No. 2009 -03
Amend Zoning from LI to CC
THENCE S O1 °03'03" W, a distance of 200.73 feet along the east property line of said Shirley Ann
White tract and the west property line of said Universal Spray Painting, Inc. tract to a point for a corner,
said point being in the north property line of a tract of land conveyed to Glen Knoll Mobile Home Park
by a plat now of record in Cabinet F, Page 6 of the Land Records of Collin County, Texas;
THENCE N 85 °15'00" W, along the common property line of said 8.9558 acre Shirley Ann White tract
and said Glen Knoll Mobile Home Park tract, a distance of 64.61 feet to a point for corner, said point
being in an interior northeast corner of said 8.9558 acres Shirley Ann White tract and being the
northwest corner of said Glen Knoll Mobile Home Park tract;
THENCE S 00 °07'00" W, along the common property line between said 8.9558 acre Shirley Ann White
tract and said Glen Knoll Mobile Home Park tract, a distance of 22.85 feet to a point for corner, said
point being the beginning of a non tangent curve to the left having a radius of 800 feet, a central angle of
02 °30'57" and a chord bearing S 58 °49'36" W, said point also being in the south right -of -way line of
Alanis Drive;
THENCE along said curving south right -of -way line of Alanis Drive, a distance of 35.13 feet to a point
of reverse curvature for a curve to the right having a radius of 920 feet, a central angle of 17 °21'32" and
a chord bearing S 66°14'54" W;
THENCE continuing along said curving south right -of -way line of Alanis Drive, a distance of 278.73
feet to a point for comer, said point being in the west property line of said 8.9558 acres Shirley Ann
White tract and in the east property oone of a tract of land conveyed to Perry Easterling, Trustee by a
deed now of record in Volume 1855, Page 804 of the Land Records of Collin County, Texas;
THENCE N 00 °05'50" E, along said common property line between said Shirley Ann White tract and
said Perry Easterling, Trustee tract, a distance of 125.03 feet to a point for corner, said point being in the
north right -of -way line of Alanis Drive and being the beginning of a non tangent curve to the left having
a radius of 800 feet, a central angle of 15 °00'55" and a chord bearing N 65 °04'35" E;
THENCE along said curving north right -of -way line of Alanis Drive, a distance of 209.65 feet to the
point of reverse curvature of a curve to the right having a radius of 920 feet, a central angle of 06°00'14"
and a chord bearing N 60 °34' 15" E;
THENCE continuing along said curving north right -of -way line of Alanis Drive, a distance of 96.40 feet
to an angle point;
THENCE N 20 °22'27" E, along a corner clip for a connector between Old Alanis Drive and new Alanis
Drive, a distance of 14.51 feet to an angle point;
THENCE N 23 °08'09" W, along the west right -of -way of said connector, a distance of 75.49 feet to an
angle point;
THENCE N 54 °11'34" W, along a corner clip for said connector, a distance of 25.70 feet to a point for
corner, said point being in the north property line of said 8.9558 acre Shirley Ann White tract, said point
also being in said existing south right -of -way line of Alanis Drive;
THENCE S 85 °15'00" E, along the north property line of said 8.9558 acre Shirley Ann White tract and
said existing south right -of -way line of Alanis Drive, a distance of 124.48 feet to the POINT OF
BEGINNING and containing 1.223 acres, more or less.
Ordinance No. 2009 -18 -1
Zoning Case No. 2009 -03
Amend Zoning from LI to CC
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LOCATION MAP
ZONING CASE #2009-03
Ordinance No. 2009-18-1 EXHIBIT B
Zoning Case No. 2009-03
Amend Zoning from LI to CC
,K Cith Media, Inc.
Xrye jarrnergbille Mime Murphy Monitor The Princeton Herald The Sachse News THE WYLIE NEWS
STATE OF TEXAS A i I .aR
COUNTY OF COLLIN CY
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 2009 -18
was published in said newspaper on the following dates, to -wit:
July 1, 2009
iir 141
Chad Engbrock, Publisher
J 2009
Subscribed and sworn before me on this, the r`� �t day of A
r
to certify which witness my hand and seal of office.
A, d y,/,,d,„
4 Notary Pu c and for
The State of Texas
My commission expires
RECEIVED
��ptr a
JUL 3 1 2009 2 Sonia gDuggan
-4 y My Commission Expire
�i 09/02/2012 1
FINANCE .�,4
Murphy /Sachse/Wylie Office 110 N. Ballard P.O. Box 369 Wylie, TX 75098 972 -442 -5515 fax 972 442 -4318
Farmersville /Princeton Office 101 S. Main P.O. Box 512 Farmersville, TX 75442.972- 784 -6397 fax 972 782 -7023
July 1— 2, 2009 3B
OFORDINANCE
NO. 2889-18
AN ORDINANCE OF
THE CITY. OF
'WYLIE, TEXAS,
AMENDING THE
COMPREHE9SIVE
ZONING ORDI-
NANCE OF THE
CITY OF WYLIE, AS
HERETOFORE
AMENDED; SO AS
TO CHANGE THE
ZONING ON THE
HEREINAFTER
DESCRIBED PROP-
ERTY, ZONING
CASE NUMBER
2009 -03, LIGHT
INDUSTRIAL (LI)
DISTRICT TO COM-
MERCIAL CORRI-
DOR (CC). DIS-
TRICT; PROVIDING
FOR A PENALTY
FOR THE VIOLA
TION OF THIS
ORDINANCE; PRO
VIDING' FOR THE
REPEAL OF ALL
ORDINANCES IN
CONFLICT; PRO
VIDING A SEVER-
ABILITY CLAUSE;
AND PROVIDING
FOR AN EFFECTIVE
D A T .E
Eric Hogue,
Mayor
ATTEST:
Carole Ehrlich,
City Secretary
7- 1t- 339 -43li