05-01-1986 (Planning & Zoning) Agenda Packet AGENDA SUMMARY
THURSDAY , MAY 1 , 1986
ITEM NO . 1 - APPROVAL OF MINUTES - No additions or
corrections .
ITEM NO . 2 - PUBLIC HEARING ON ZONING OF 2 . 71 ACRES ON E .
BROWN ST . - This property is described as 2 . 71 acres out of
the Francisco de la Pina Survey , Collin County Abstract 688
and is located on E . Brown St . east of Oaks Subdivision . It
is made up of three tracts and the zoning is initiated by
the City . The City is requesting SF2 zoning in order to be
compatable with the land use plan .
ITEM NO . 3 - PUBLIC HEARING ON THE ZONING OF 5 ACRES ON
FM544 - This property is described as 5 acres out of the Wm .
Sachse Survey , Collin County Abstract 835 and is located on
the southwest corner of FM544 and Steel Road . The City is
initiating this zoning of 82 to be compatable with the land
use plan and the surrounding uses .
ITEM NO . 4 - PUBLIC HEARING ON ZONING OF 23 ACRES ON FM1378
AND FM3412 - This property is described as 23 . 49 acres out
of the C . Atterbury Survey , Collin County Abstract 22 and is
located on the northeast corner of FM3412 and FM1378 . It is
currently the site of the cotton gin . The City is
initiating this 82 zoning which is compatable with the land
use plan .
ITEM NO . 5 - PUBLIC HEARING ON ZONING OF 2 ACRES ON S . SH78
This property is described as 2 acres out of the D .
Strickland Survey , Collin County Abstract 841 and is
currently the site of Wylie Mobile Homes Sales . The City is
initiating this zoning to be compatable with the land use
plan and is compatable with the existing use .
ITEM NO . 6 - PUBLIC HEARING ON ZONING OF 43 ACRES ON FM1378
This property is described as 43 . 36 acres out of the James
McUlmurry Survey , Collin County Abstract 629 and is located
on the east side of FM1378 just north of the Birmingham
Farms . The City is initiating this zoning to be compatable
with the land use plan .
ITEM NO . 7 - PUBLIC HEARING ON ZONING OF 456 ACRES ON LAKE
LAVON - This property is described as 456 acres out of the
Orpha Shelby Survey , Collin County Abstract 799 ; the Leroy
Farmer Survey , Collin County Abstract 334 and the Josiah J .
Turnham Survey , Collin County Abstract 919 , located east of
and behind Seis Lagos along the shores of Lake Lavon . It
has commonly been known as the "Caruth" property . The
petitioner has requested PD or planned development zoning on
this large tract ; however , he , Mr . Stanley Mousse , has been
into visit with staff members and has indicated that at this
hearing , he will ask for a different zoning to be
considered . He will , at that time , have a zoning exhibit
ready for your study and review .
ITEM NO . 8 PUBLIC HEARING ON RE-ZONING OF 10 ACRES ON S .
FM544 This property is described as 10 . 038 acres out of the
J . D . Shelby Survey , Collin County Abstract 819 and the N .
A . Atterbury Survey , Collin County Abstract 1763 . The
property is located on the north side of S . FM544 in the
tri-county area . The petitioner is asking for PD or planned
development zoning . He will have a detailed plan for your
review at the meeting .
ITEM NO . 9 - PUBLIC HEARING ON ZONING OF 2 ACRES ON E . SH78
This property is described as 2 . 09 acres out of the
Francisco de la Pina Survey , Collin County Abstract 688 and
is located on the north side of E . SH78 at the entrance to
Lake Lavon and is currently the site of the junkyard in that
1
area . The City is initiating B1 zoning for this tract . B1
zoning is compatable with the land use plan .
2
AGENDA
REGULAR MEETING
PLANNING & ZONING COMMISSION
THURSDAY , MAY 1 , 1 1986
7 :O0 P .M . COMMUNITY ROOM
800 THOMAS STREET
CALL TO ORDER
ORDER OF PAGE
BUSINESS REFERENCE BUSINESS
1 1 -3 Consider approval of mintes .
2 4-6 Conduct PUBLIC HEARING on the
request for SF2 zoning of 2 . 71
acres out of the Francisco de la
Pina Survey , Collin County Abstract
688 located on E . Brown Street .
3 7-9 Conduct PUBLIC HEARING on the
request for 82 zoning on 5 acres
out of the Wm . Sachse Survey ,
Collin County Abstract 835 located
on the corner of FM544 and Steel
Road .
4 10-12 Conduct PUBLIC HEARING on the
request for 82 zoning for 23 . 49
acres out of the C . Atterbury
Survey , Collin County Abstract 22 .
Located on the northeast corner of
FM3412 and FM1378 .
5 13-15 Conduct PUBLIC HEARING on the
request for 82 zoning for 2 acres
out of the D . Strickland Survey ,
Collin County Abstract 841 ,
currently the site of the Wylie
Mobile Home Sales .
6 16-18 Conduct PUBLIC HEARING on the
request for SF2 zoning for 43 . 36
acres out of the James McUlmurry
Survey , Collin County Abstract 629 ,
located on the east side of FM1378
north of Birmingham Farms .
7 19-23 Conduct PUBLIC HEARING on the
request for Planned Development
zoning for 456 acres out of the
Orpha Shelby Survey , Collin County
Abstract 799 ; the Leroy Farmer
Survey , Collin County Abstract 334
and the Josiah J . Turnham Survey ,
Collin County Abstract 919 , located
east of Seis Lagos and north of
Parker Road , along Lake Lavon .
Commonly referred to as the
" Caruth" property .
8 24-27 Conduct PUBLIC HEARING on the re-
zoning from 2F to PD of 10 . 038
acres out of the J . D . Shelby
Survey , Collin County Abstract 819
and the N . A . Atterbury Survey ,
Abstract 1763 located on the
northside of S . FM544 in the tri-
county area .
9 28-29 Conduct PUBLIC HEARING on the
request for 81 zoning 2 . 09 acres
out of the Francisco de la Pina
Survey , Collin County Abstract 688 ,
located on E . SH78 at the entrance
to Lake Lavon .
10 ADJOURN
MINUTES
PLANNING & ZONING COMMISSION
THURSDAY, APRIL 17 , 1986
The Planning and Zoning Commission for the City of Wylie,
Texas met in regular session on April 17, 1986 in the Wylie
Community Center. A quorum was present and notice of the
meeting had been posted for the time and in the manner
required by law. Those present were: Chairman Kent Crane,
Vice-Chairman Brian Chaney, Ken Mauk , Ben Scholz , and Bill
Chapman. Representing the city staff was Gus H. Pappas;
City Manager , Roy Faires; Code Enforcement Officer , and
Amanda Maples; Secretary.
The meeting was called to order at 7: 00P. M. by Vice-Chairman
Brian Chaney.
ITEM NO. 1 - APPROVAL OF MINUTES - Vice-Chairman Brian
Chaney asked that their be a correction to Item No. 3. It
was written that he had made a motion to accept the zoning
with 7 more acres of retail zoning on the other side of
Springcreek Pkwy. It should have been written that the
motion was to accept the zoning with 7 more acres of B1
zoning on the other side of Springcreek Pkwy.
ITEM NO. 2 - PUBLIC HEARING ON ZONING OF 31 .862 ACRES ON
SH78 - This property is described as 31 . 862 acres out of the
R. D. Newman Survey, Collin County, Abstract 660 and is
located just south of Century Business Park on SH78. This
is the site of the three junkyards. The staff is
recommending Business 2 and Multi-family zoning. Vice-
Chairman Brian Chaney opened the public hearing. Mrs Martha
Oliver who ownes the property on the opposite side of SH78
came forward stating that they already had a problem with
flooding in the area. She asked , if this development , with
all the excavating, would make the flood problem worse?
City Manager Gus Pappas said that the City would make the
developer address the problem of flooding and that they
would have engineers to calculate the problem and rechannel
the creek so that it could handle the water . He went on to
say that as this area gets more urbanized the City would
like for the Soil Conservation Service to turn over the dam
to us; however; both sides agree that now is not the proper
time for that to happen and they are still actively involved
with the dam. Mrs Oliver said , good , lets develop the area
so we can get the flooding fixed. Vice-Chairman Brian
Chaney closed the public hearing and brought it before the
board for discussion.
Vice-Chairman Brian Chaney stated that he did not have a
problem with this. City Manager Gus Pappas said that he
forgot to mention that this zoning was City generated and
that when this is actually developed , the developer might
request some other zoning because he would have a plan in
mind. The staff considered Industrial zoning because it
would make things begin to happen faster in the area but ,
they usually like to find less expensive land that is
generally flat. Also, the staff was afraid that Industrial
zoning would cause a lot of regulation on the City s part to
keep the creek free from pollution. Chairman Kent Crane
made a motion to accept the zoning. Bill Chapman seconded
the motion. Motion carried 5-0.
ITEM NO. 3 — PUBLIC HEARING ON REZONING OF LOT 1 AND 2,
BLOCK 20, RAILROAD ADDITION - This property is described as
Lots 1 & 2 , Block 20, Railroad Addition. This property
fronts on Highway 78 and is bordered on the south by Masters
and on the east by Second Street. The original zoning is
Retail , but the petitioner is seeking Business ' in order
to have a landscaping and nursery business. The staff has
reviewed this petition and finds that it is compatable with
surrounding zonings. The staff recommends the Business
zoning. City Manager Gus Pappas said that this was an
Individual generated request for zoning. This property at
one time was a used car lot , after that it layed dormant for
a while. Then someone came and wanted to build a gargage on
it but when he found out that he would have to get the land
rezoned he didn 't feel it was worth the trouble. Now, these
people want to use it for a landscaping and nursery business
which requires the same zoning as the gargage because
products and sales take place outside. Once this zoning is
granted , while the nursery is less offensive than the
gargage, it could go down hill at any time if the nursery
moves out. One would almost want to grant a special use
permit so that we could have the nursery but if they decide
to give it up in 6 months we wouldn 't get a gargage in its
place.
Vice-Chairman Brian Chaney opened the public hearing. Bob
Burns came forward , he holds a long term lease on the
property and would be sub-leasing to Shirty Rodgers, stating
that he eventually wanted to put a muffler shop on the
property simular to the Western Auto, everything would be on
the inside.
Shirley Rodgers the Co-Owner of the nursery came forward
stating that there is a chain link fence across the back of
the property with some large trees. Vice-Chairman Brian
Chaney told her that she may be required to put up an wooden
fence. Mrs Rodgers said that this business would stay neat
and clean and would not be an eye sore to the community.
They want to do all they can to beautify Wylie. Vice-
Chairman Brian Chaney closed the public hearing and brought
if before the board for discussion.
Chairman Kent Crane said that he was concerned about giving
B2 zoning because you couldn 't be sure of what you would
have there tomorrow. He would like to see a more strenuous
zoning with a Special Use Permit. Vice-Chairman Brian
Chaney agreed because this area is close to downtown. Bill
Chapman also agreed. City Manager Gus Pappas said that he
di do t think that this piece of property could be very
offensive at its worst because it is so small . Chairman
lent Crane stated that we have been working on cleaning up
the corridors to our city and he would like to see that
momentum continue even though he does not have a problem
with the nursery. Vice-Chairman Brian Chaney stated that we
must look at the worst possible use for this property in
order to grant the zoning. City Manager Gus Pappas stated
that the way the zoning ordinance is constructed a Specific
Use Permit would not be allowed. There are 3 alternatives,
( 1 ) grant B1 zoning along with a recommendation that the
nursery with outside sales could be allowed under B1 , (2)
grant B1 zoning to the property owner and recommend to the
council that the allowable uses under B2 be used under B1 or
( ) grant B2 zoning. The staff recommends this because of
the size of the property, it is too small to be used for
most of the very offensive uses under B2. Chairman Kent
Crane made a motion to grant the property B1 zoning and
change the zoning ordinance so that retail nurseries be in
the Specific Uses for B1 and further to grant a Specific Use
Permit for the nursery. Bill Chapman seconded the motion.
Motion carried 5-0.
ITEM NO. 4 - ADJOURN - Chairman Kent Crane made a motion to
adiourn. Bill Chapman seconded the motion. Motion carried
J-{).
Kent Crane, Chairman
Planning & Zoning Commission
Respectfully Submitted:
Amanda Maples, Secretary
'
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE'
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map , have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
Body is of the opinion that the said change of zoning which
is on application of ----City of Wylie ___ should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
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 district
classification to-wit:
SinolefpMily - 2
Said property being described as follows:
'38 Acres (Tr' 105) ; .33 Acres (Tr. 106) ; and 2 Acres (Tr. 104) out
of Francisco 6e la Pioa Survey, Collin County Abstract No. 688 for a
total of 2'71 Acres
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 That the above described property shall be used
only in the manner and for the proposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or i. nvlaid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amen amended, a n d upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars (` 2hL. c.)O) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION it is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper devsl.,i)pment and in order to protect the
public interest , comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIF_,
TEXAS, this the ____27th__-- day of -__j4IAL -------.._.._,
1 9; 6
Don Hughes, Mayor-
ATTEST:
Carolyn Jones, City Secretary
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DAlE'
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map , have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
Body is of the opinion that the said change of zoning which
is on application of ____QjarufjQdje _ should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
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 district
classification to-wit :
Doaiogss ��___________
Said property being described as follows:
5 Acres (Tr. 0) out of the William Sacbae Survey, Collin County
Abstract No. 835 (commonly known as the Jacobs property)
/
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 pruposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification'
SECTION 4. That should any paragraph , sentence,
subdivision , clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or invlaid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid , illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200. 00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION 6' It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides'
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the 27tb day of -EAT- ___,
l98 6 .
___
Don Hughes, Mayor
ATTEST:
____ _________
Carolyn Jones, City Secretary
<7
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) , [O CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map , have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
Body is of the opinion that the said change of zoning which
is on application of ___ City of grie should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
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 district
classification to-wit:
Business - 2
----------------------
Said property being described as follows:
23'49 Acres out of the C. Atterbnry Survey, Collin County Abstract No. 22
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 Lit,, not in
conflict with the provisions of this ordinance shall remain
in full force and effect .
SECTION 12,. That the above described property shall be used
only in the mariner and for the proposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional. , illegal or inv].aid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 5. That any person, firm or corporation vi c'l at i.ng
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200. 00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION 6. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immedi. atel. •, from
and after i t.E passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this t h e 2 7 t h d a yy of _..._.__..._. .MAX.------_-_ .-----.
1 ' S 6
Don Hughes, Ma ,nr-
ATTEST:
Carolyn Jones, City Secretary
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WM. PATTERSON SURVEY
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M. PHELAN SURVEY
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SE'VERAB I L I TY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map, have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
Body is of the opinion that the said change of zoning which
is on application of Ci j of_Wylie should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
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 district
classification to-wit:
Business -2
Said property being described as follows:
2 Acres (Tr. 6) out of the D. Strickland Survey, Collin County
Abstract No. 841 (commonly known as Gary Roddy Property on Hwy 78)
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 .=. That the above described property shall be used
only in the manner and for the proposes provided for in the
Comprehensive Zoning Ordinance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or invlaid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 5. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($ 00. 00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION 6. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYL_I E,
TEXAS, this the 27th day of .may_
198 6
Don Hughes, Mayor
ATTEST:
Carolyn Jones, City Secretary
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ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING
THE COMPREHENSIVE ZONING ORDINANCE OF THE jITY OF
WYLIE, |EXAS, AS HERETOFORE AMENDED (ORDINANCE NO
81-5) ° TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the City Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map, have
given requisite notices by publication and otherwise, and
after holding due hearings and affording a full and fair
hearing to all property owners generally, the said Governing
Body is of the opinion that the said change of zoning which
is on application of _ City ot Wylie __ should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
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 district
classification to-wit:
--------akUIg_Family - 2
Said property being described as follows:
43'36 Acres (Tr' 7) out of the James McDlomrry Survey, Collin County Abstract No. 6:
� ,
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 riot in
conflict with the provisions of this ordinance shall remain
in full force a n d effect .
SECTION :'. That the above described property shall be used
only in the manner and for the proposes provided for in the
Comprehensive Zoning Ordi. nance of the City as amended herein
by the granting of this zoning classification.
SECTION 4. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or invl.aid,
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid, illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION C. That any person, firm or corporation violating
any of the provisions or terms of this ordinance shal 1 be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200. 00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION S. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED LiY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, this the 27th day of MAY._ --
Don Hughes, Mayor-
ATTEST:
Carolyn Jones, City Secretary
6-9
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PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS:
N W comes / of the County of
and the Stat of Texas, and represents to
the City Council of the said City of Wylie, Texas, that he
is the owner or is acting for all of the owners or
partnerships or corporations who are owners of the following
described tract of land which is within the City Limits of
the City of Wylie, in Collin County, Texas, and described as
follows:
a-ifu Azz- ,de,, , 4,6() c
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PETITION FOR ZONING CONT' D. PAGE 2
Said 4/,/iX0../.4,41(e) represents that he and all
.2(/,;11.9
othe owners desire zoning to be changed from
__ to ,17 in accordance with
the cdrrent Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner, therefore, respectfully prays that the land
above described be zoned by the said City of Wylie, Texas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Wi. tnesyP hand of this petition r this the �L'
d<�; of�� ___ 19S�O_.
1 ^ 1 2-1
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Si ynature
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� Please Print Name
,3 ,J' ) L 0 iri P} oZ'.
Street address or Box No.
------D
A LLR / X 7 ° 7
City r Texas Zip
02/Y 5A42 - 41 5/,3
Telephone
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THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the unde . g ed tary Pu 1 is on this day
personally appeared __ f_ =/dt _, known to me to be
the person whose name is subscribed to the foregoing
instrument , and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
f3i. 4 under my hand and /seal office this the 57 _day
of/r)G� _1 , 1984L.
't./(44,a.,,, i .
1
�'.m�' Notary Public,y Col in Cou y, Texas
,1 1* Notary Public,Stitt d Tea
k,' sty Commission Expires
-7/
tract of land situated in the County of Collin, State of Texas , being parts
if the Orpha Shelby Survey, A-799, the Josiah J. Turnham Survey, A-919, the
`lark L. Morris Survey, A-561 and the Leroy Farmer Survey, A-334 ana being more
particularly described as follows:
BEGINNING at an iron rod marking the Northwest corner of the Orpha Shelby
Survey, A-799, same being the Southwest corner of the Michael Millirons Survey,
A-564;
THENCE, North 89 deg. 45 min. 09 sec. East, 3007.66 feet along the common line
between said Shelby Survey on the South and said Millirons Survey on the North,
to a concrete monument marking the Westerly U. S. Government boundary line of
Lake Lavon;
THENCE, along said Government boundary line, South 03 deg. 55 min. 42 sec.
East , 756.58 feet to a concrete monument;
THENCE, Nort" 64 deg. 57 min. 24 sec. West, 833.99 feet to a concrete monument;
THENCE, South 01 deg. 02 min. 27 sec. West, 549.89 feet to a concrete monument;
THENCE, South 70 deg. 27 min. 19 sec. West, 1077.20 feet to a concrete
monument;
THENCE, South 51 deg. 12 min. 09 sec. West, 1404.85 feet to a concrete
monument;
THENCE, South 07 deg. 19 min. 53 sec. East, 74.79 feet to a concrete monument;
THENCE, North 88 deg. 57 min. 46 sec. East, 2464.97 feet to a concrete
monument;
THENCE, South 29 deg. 19 min. 00 sec. West, 2603.07 feet to a concrete
monument;
THENCE, South 88 deg. 57 min. 46 sec. East, 572.93 feet to a concrete monument;
THENCE, North 49 deg. 39 min. 26 sec. East, 1753.65 feet to a concrete
monument;
THENCE, North 61 deg. 56 min. 45 sec. East, 1093.61 feet to a concrete
monument;
THENCE, South 33 deg. 03 min. 17 sec. East, 1419.83 feet to a concrete
monument;
THENCE, South 64 deg. 29 min. 44 sec. East, 651.15 feet to a concrete monument;
THENCE, South 44 deg. 09 min. 17 sec. West, 470.92 feet to a concrete monument;
THENCE, North 76 deg. 08 min. 40 sec. West, 1056.27 feet to a concrete
monument;
THENCE, South 29 deg. 50 min. 44 sec. West, 904.26 feet to a concrete monument;
THENCE, North 79 deg. 22 min. 51 sec. East, 758. 14 feet to a concrete monumeni.;'
THENCE, South 06 deg. 53 min. 31 sec. West, 907.24 feet to a concrete monument;
THENCE, South 74 deg. 31 min. 36 sec. East, 64.46 feet to a concrete monument;
THENCE, North 65 deg. 13 min. 40 sec. East, 805.68 feet to a concrete monument;
THENCE, South 32 deg. 38 min. 22 sec. East, 297.05 feet to a concrete monument;
THENCE, North 84 deg. 11 min. 30 sec. East, 255.88 feet to a concrete monument;
THENCE, North 41 deg. 47 min. 01 sec. East, 367. 18 feet to a concrete monument;
THENCE, North 77 deg. 18 min. 22 sec. East, 1317.48 feet to a concrete
monument; ��
THENCE, South 10 deg. 34 min. 24 sec. West, 600.44 feet to a concrete monument;
THENCE, South 65 deg . 36 min. 47 sec. West, 1719.07 feet to a concrete monument
on the South line of the Josiah Turnham Survey, A-919, same being the North
line of the Orpha Shelby Su; vey, A-800;
THENCE, leaving said Government boundary line, North 88 deg. 48 -min. 10 sec.
West, 649.87 feet along the common line between said Turnham Survey on the
North and said Shelby Survey on the South to an iron rod at the Northwest
corner of said Shelby Survey same being the most Easterly Northeast corner of
the Mark L. Morris Survey, A-561;
THENCE, South 00 deg. 14 min. 10 sec. West, 1309.90 feet along the common line
between said Morris Survey on the West and said Shelby Survey on the East to a
metal corner post of a chain link tence marking the Northeast corner of the St.
Paul Catholic Cemetery;
THENCE, North 89 deg. 10 min. 46 sec. West, 283.62 feet to a metal corner post
marking the Northwest corner of said cemetery;
THENCE, South 00 deg. 03 min. 58 sec. West, 283.79 feet along the West line of
said cemetery to an iron rod on the North line of St. Paul Road;
THENCE, North 89 deg. 47 min. 26 sec. West, 1805.07 feet along the North line
of said road to an iron rod;
THENCE, South 00 deg. 20 min. 49 sec East, 4.00 feet to an iron rod on the
North right-of-way line of FM Highway 2514 (100 feet wide) ;
THENCE, South 89 deg. 39 min. 11 sec. West, 1571.30 feet along said right-of-
way to an iron rod;
THENCE, North 45 deg. 56 min. 20 sec. West, 43.45 feet along a corner cut-off
line to a wood post on the East line of Aztec Trail ;
THENCE , North 00 deg. 56 min. 20 sec. West, 1823.20 feet to an iron rod at the
Northeast corner of Aztec Trail ;
THENCE , North 00 deg. 22 min. 34 sec. East, 1884.91 feet to an iron rod in the
South line of the Orpha Shelby Survey, A-799;
THENCE, South 89 deg. 45 min. 08 sec. West, 1111.40 feet to an iron rod at the
Southwest corner of said Shelby Survey, same being the Southeast corner of the
Dennis Kinsaul Survey, A-502;
THENCE, North 00 deg. 30 min. 52 sec. West, 4430.33 feet along the common line
between said Shelby Survey on the East and said Kinsaul Survey on the West to •
the PLACE OF BEGINNING and Containing 25,830,928 sqaure feet or 592.9988 acres
of land.
SAVE AND EXCEPT: 136.99 ACRES OUT OF THE MARK L. MORRIS SURVEY ABST. 561
,-mot
PETITION FOR ZONING
THE STATE OF TEXAS:
COUNTY OF COLLIN:
TO THE CITY COUNCIL OF THE CITY OF WYLIE, COLLIN COUNTY,
TEXAS:
No com s _ ____ of the County of
_ and the State of Texas, and represents to
the City Council of the said City of Wylie, Texas, that he
is the owner or is acting for all of the owners or
partnerships or corporations who are owners of the following
described tract of land which is within the City Limits of
the City of Wylie, in Collin County, Texas, and described as
follows
le . -)'e kale 1;%( !,
4/
COMMI$CINO at a
TO ALL PARTIES IN- highway marker located at ing more particularly
TERESTED IN PREMISES the intersection of the East
SURVEYED: Right-of-Way line of Farm ed as follows:
This is to certify that I have. Road 544 and the Northeast
this date, made a careful and Right-of-Way line of Vinson COMMENCING at a
accurate survey on the Road 306; Thence South 42 highway marker located at
ground of property located on deg. 58 min. East with Nor- . the intersection of the East
Vinson Road in the Counties theast line of Vinson Road 1 Right-of-Way line of Farm
of Dallas, Rockway and Col- 80.7 feet to a highway marker Road 544 and the Northeast
lin, Texas, out of the J.D. for corner; Thence South 45 Right-of-Way line of Vinson
S H E L B Y SURVEY, deg. 52 min. East with the Road 306; Thence South 42
BSTRACT NO. 819 and Northeast line of Vinson deg. 58 min. East with Nor-
.A. A T T E R B U R Y Road 1585.1 feet to an iron theast line of Vinson Road
URVEY, ABSTRACT NO. stake for corner and to the 80.7 feet to a highway marker
763 and being known as a Place of Beginning; for corner; Thence South 45
0.00 acre tract out of a 78.2 deg. 52 min. East with the
cre tract conveyed to THENCE North 00 deg. 57 Northeast line of Vinson
ussell Addington by Paul min. East with the small Road 1588.1 feet to an iron
ddington and Alice Ad- tracts 1984.56 feet to an iron stake for corner and to the
'ngton by deed of record in stake located in the drainage Place of Beginning;
olume 111, Page 135, Collin ditch for corner;
ounty Deed Records, THENCE meandering with THENCE North 00 deg. 57
/Volume 3400, Page 74, Dallas said drainage ditch as min. East with small tracts
ounty Deed Records and follows: 1095.18 feet to a point for cor-
o l u m e 46, Page 592, 1. South 28 deg. 08 min. ner located on the South line
Rockwall County Deed East 42.80 feet to a point for of Collin County as called in
/Records, said 10 acres being corner; Deed to State of Texas on
:described as recorded in Ex- 2. South 30 deg. 08 min. Right-of-Way Deed for Farm
hibit "A", filed in Volume East 383.00 feet to a point for Road 544;
82076 at Page 0013 of Deed corner; THENCE East with said
r Records of Dallas County, 3. South 73 deg. 10 min. County line passing Rockwall
lTexas and in Volume 1513 at East 316.40 feet to a point for County line at 132.68 feet and
Page 792 of Deed Records of corner; continuing for a total
Collin County, Texas and be- 4. South 08 deg. 30 min. 37 distance of 203.55 feet to
ing more particularly describ- sec. East 99.54 feet to a stake point for corner in said East
ed as follows: for corner located in old fence : line of 10.00 acre tract;
line; THENCE South 00 deg. 57
THENCE South 88 deg. 48 min. West with said 10.00
min. 29 sec. West with said acre tract 1288.80 feet to iron
old fence line 335.92 feet to an stake set in the Northeast
iron stake for corner; R.O.W. of Vinson Road for
THENCE South 00 deg. 57 corner;
min. West crossing the THENCE North 45 deg. 58
survey line between Collin min. 51 sec. West with the
County and Rockwall Coun- Northeast R.O.W. of Vinson
ty, 1612.07 feet to an iron Road, 278.60 feet to Place of
stake set in said Northeast Beginning and containing
R.O.W. of Vinson Road for 5.568 acres of land with 3.528
corner; acres in Dallas County and
THENCE North 45 deg. 58 2.04 acres of land in Rockwall
min. 51 sec. West with said County, Texas, by deed.
R.O.W. line of Vinson Road .
278.60 feet to Place of Begin-
ning and containing 10.038
acres of land, more or less.
Tract A
A tract of land located in
Dallas County and Rockwall
County, Texas and being out
of the N.A. Atterbury
Survey, Abstract No. 1763 in
Dallas County and Abstract
No.6 in Rockwall County and
being out of a 10.00 acre tract
described in Exhibit "A" as
filed in Volume 82076 at Page
0013 in Dallas County,
Texas, and in Volume 1513 at
Page 792 of Deed Records of
Collin County, Texas and be-
PETITION FOR ZONING CONT' D. PAGE 2
Said represents that he and all
of erclosers desire tp, ) zoning to be changed from
to in accordance with
t e current Zoning Ordinance and making said zoning subject
to the appropriate laws, rules, and regulations of said City
relating to that classification of zoning.
Your petitioner, therefore, respectfully prays that the land
above described be zoned by the said City of Wylie, Texas,
as provided by Article 974 (g) of the REVISED CIVIL STATUTES
OF THE STATE OF TEXAS.
Witnes a hand of this petitioper.this the :1
day ofs\ p.L ,
. ;Ciate-6/
Signature
X_4RQ1-1:2__ r> 5
Please Print Name
cZidW. V IIVSoN i 1
Street address or Box No.
ity Texas Zip
Telephone
l
THE STATE OF TEXAS:
COUNTY OF COLLIN:
Before me, the un a signe otary Public on this day
personally appeare , known to me to be
the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same
for the purposes and consideration therein expresses:
Giv n nder my hand and ,,seal �ffice th' s the �f�)__day
of � , 198 . E
I�
Notary Public, Colli C nt , Texas
46. Notary Mk,Slab Los
pRF3pe a A. L,c eoeq
77
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDIN(
THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO
a1 -5) , TO CHANGE THE ZONING ON THE HEREINAFTER
DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA-
TION HEREIN STATED; PROVIDING A REPEALING CLAUSE
PROVIDING A SEVERAB I L I TY CLAUSE; PROVIDING
PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO
EXCEED THE SUM OF TWO HUNDRED ($200. 00) FOR EACH
OFFENSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Li ty Zoning Commission and the City Council of
the City of Wylie, Texas, in compliance with the laws of the
State of Texas with reference to the granting of zoning
changes under the zoning ordinance and zoning map, have
given requisite notices by publication and otherwise, and
after holding due hearings_ and affording a full and fair--
hearing to all property owners generally, the said Governing
Body is of the opinion that the said change of zoning which
is on application of City of Wylie should
be granted and the Comprehensive Zoning Ordinance of the
City of Wylie should be amended in the exercise of its
legislative discretion:
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 district
classification to-wit:
Business 1
Said property being described as follows:
2.09 Acres (Tr. 42) out of the Francisco de la Pina Survey,
Abstract 688
SECTION C. 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 7.. 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. That should any paragraph, sentence,
subdivision, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional , illegal or invlaid.
the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof other than the part
so decided to be invalid , illegal or unconstitutional and
shall not affect the validity of the Comprehensive Zoning
Ordinance as a whole.
SECTION 5. That an•.r person, firm or corporation violating
any of the provisions or terms of this ordinance shall be
subject to the same penalty as provided for in the
Comprehensive Zoning Ordinance of the City, as heretofore
amended, and upon conviction shall be punished by fine not
to exceed the sum of two hundred dollars ($200. 00) for each
offense, and that each day such violation shall continue to
exist shall constitute a separate offense.
SECTION 6. It is necessary to give the property described
herein the above mentioned zoning classification in order to
permit its proper devel opment and in order to protect the
public interest, comfort and general welfare fo the City.
Therefore, this ordinance shall take effect immediately from
and after its passage, as the law in such cases provides.
DULLY PASSED BY THE CITY COUNCIL OF THE CITY OF WYL I E,
TEXAS, this the day of
l58
Don Hughes_., Mayor
ATTEST:
Carolyn Jones, City Secretary