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Ordinance 2012-03ORDINANCE NO. 2012-03 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 2011 -10, AMENDING THE ZONING FROM COMMERCIAL CORRIDOR (CC) & BUSINESS GOVERNMENT (BG) DISTRICT TO PLANNED DEVELOPMENT - COMMERCIAL CORRIDOR (PD -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 Planned Development - Commercial Corridor for a Medical Center Plaza, said property being described in Exhibit "A" (Legal Description), Exhibit "B" (PD Conditions), and Exhibit "C" (Zoning Exhibit /Concept Plan), and Exhibit "D" (Building Elevations) 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 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 Ordinance No. 2012 -03 ZC2011 -10 Medical Plaza 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 10th day of January, 2012. ` x— Eric Hogue, ATTEST: C role Ehrli C , C rty Secretary DATE OF PUBLICATION: Wednesday, January 18, 2012 in the Wylie News. L OF tt 'N\*ri of ism Ordinance No. 2012 -03 ZC2011 -10 Medical Plaza EXHIBIT "A" Legal Description of Site Record Descriptions are as follows: Tract 1 34.412 acres out of the Duke Strickland Survey, Abstract No. 841 and the Isaiah Clifton Survey, Abstract No. 193, City of Wylie, Collin County Texas and being described by deed recorded in Instrument 20081209001400140, Deed Records Collin, Texas. Save and Except a 2.791 acre tract and a 3.244 acre tract previously conveyed out of this tract and shown hereon. Tract 2 0.476 acres out of the Duke Strickland Survey, Abstract No. 841, City of Wylie, Collin County Texas and being described by deed recorded in Instrument 20081209001400130, Deed Records Collin, Texas. Tract 3 4.2256 acres out of the Michael Millirons Survey, Abstract No. 563, City of Wylie, Collin County Texas and being described by deed recorded in Instrument 20081209001400150, Deed Records Collin, Texas. Legal Description by this Survey: BEING a 32.876 acre tract of land situated in the Duke Strickland Survey, Abstract No. 841, the Michael Millirons Survey, Abstract No. 563 and the Isaiah Clifton Survey, Abstract No. 193, Collin County, Texas and being part of a called 34.412 acre tract of land described in deed to Parker /Scholz Properties, LTD, as recorded in Instrument 20081209001400140, Deed Records Collin,Texas, part of a called 0.476 acre tract of land described in deed to Parker /Scholz Properties, LTD, as recorded in Instrument 20081209001400130 of said Deed Records and part of a called 4.2256 acre tract of land described in deed to Parker /Scholz Properties, LTD, as recorded in Instrument 20081209001400150 of said Deed Records, said 32.876 acre tract being more particularly described by metes and bounds as follows: BEGINNNG at a 1/2 -inch iron rod with cap stamped "RPLS 5686" found for the southeast corner of said 0.476 acre tract, said corner being in the west right -of -way line of Sanden Boulevard, a 55 ft. right -of -way at this point; THENCE South 86 degrees 35 minutes 29 seconds West, with the south boundary line of said 0.476 acre tract and the north boundary line of Lot 1, Bayco Addition, an addition to the City of Wylie, Texas, as recorded in Cabinet Q, Page 471, Plat Records, Collin County, Texas, a distance of 625.16 feet to a 1/2 -inch iron rod with cap stamped "RPLS 5686" found for corner; THENCE Southwesterly, continuing with the northerly and westerly boundary lines of said Lot 1, Bayco Addition, the following courses: 1) South 85 degrees 03 minutes 44 seconds West, a distance of 172.03 feet to a 1/2 -inch iron rod with cap stamped "RPLS 5686" found for corner; 2) South 45 degrees 54 minutes 07 seconds West, a distance of 66.37 feet to a 5/8 -inch iron rod with cap stamped "RPLS 3949" found for corner; 3) South 65 degrees 28 minutes 44 seconds West, a distance of 122.74 feet to a 5/8 -inch iron rod with cap stamped "RPLS 3949" found for corner; 4) South 83 degrees 44 minutes 13 seconds West, a distance of 85.51 feet to a point for corner from which a found 5/8 -inch iron rod with cap stamped "RPLS 3949" bears South 50 degrees 42 minutes 12 seconds East, a distance of 0.21 feet; 5) South 52 degrees 51 minutes 45 seconds West, a distance of 131.49 feet to a point for corner from which a found 5/8 -inch iron rod with cap stamped "RPLS 3949" bears North 66 degrees 04 minutes 47 seconds East, a distance of 0.37 feet; 6) South 13 degrees 41 minutes 41 seconds West, a distance of 54.30 feet to a southwest corner of said Lot 1 and the northwest corner of Lot 2 of said Bayco Addition; THENCE South 21 degrees 16 minutes 27 seconds West, with the west boundary line of said Lot 2, a distance of 13.22 feet to a point for corner in the center of Muddy Creek, said corner being in a northerly boundary line of Lot 1, Block A, Wylie High School, an addition to the City of Wylie, as recorded in Cabinet Q, Page 551 of said Plat Records; THENCE Westerly, with the meanders of said Muddy Creek and with the common boundary lines of said 34.412 acre tract and said Lot 1, Wylie High School addition, the following courses: 1) North 30 degrees 37 minutes 25 seconds West, a distance of 19.64 feet to a point for corner; 2) North 40 degrees 21 minutes 09 seconds West, a distance of 87.35 feet to a point for corner; 3) North 89 degrees 37 minutes 11 seconds West, a distance of 16.36 feet to a point for corner; 4) South 65 degrees 02 minutes 43 seconds West, a distance of 28.77 feet to a point for corner; 5) South 19 degrees 20 minutes 18 seconds West, a distance of 66.34 feet to a point for corner; 6) South 04 degrees 58 minutes 28 seconds East, a distance of 29.74 feet to a point for corner; 7) South 20 degrees 54 minutes 14 seconds East, a distance of 9.68 feet to a point for corner; 8) South 45 degrees 27 minutes 21 seconds West, a distance of 20.58 feet to a point for corner; 9) South 87 degrees 06 minutes 08 seconds West, a distance of 38.34 feet to a point for corner; 10) North 76 degrees 19 minutes 40 seconds West, a distance of 25.88 feet to a point for corner; 11) North 57 degrees 32 minutes 09 seconds West, a distance of 39.17 feet to a point for corner; 12) North 47 degrees 53 minutes 03 seconds West, a distance of 12.59 feet to a point for corner; 13) North 34 degrees 55 minutes 16 seconds West, a distance of 15.50 feet to a point for corner; 14) North 14 degrees 10 minutes 16 seconds West, a distance of 44.32 feet to a point for corner; 15) North 20 degrees 08 minutes 45 seconds West, a distance of 14.19 feet to a point for corner; 16) North 71 degrees 03 minutes 15 seconds West, a distance of 7.40 feet to a point for corner; 17) South 64 degrees 23 minutes 34 seconds West, a distance of 110.08 feet to a point for corner; 18) North 68 degrees 49 minutes 06 seconds West, a distance of 19.23 feet to a point for corner; 19) North 53 degrees 24 minutes 11 seconds West, a distance of 24.85 feet to a point for corner; 20) North 30 degrees 11 minutes 00 seconds West, a distance of 32.14 feet to a point for corner; 21) North 01 degrees 16 minutes 20 seconds West, a distance of 59.71 feet to a point for corner; 22) North 36 degrees 38 minutes 13 seconds West, a distance of 22.42 feet to a point for corner; 23) South 89 degrees 47 minutes 17 seconds West, a distance of 24.92 feet to a point for corner; 24) North 63 degrees 14 minutes 03 seconds West, a distance of 32.04 feet to a point for corner; 25) North 63 degrees 48 minutes 37 seconds West, a distance of 23.89 feet to a point for corner; 26) North 49 degrees 55 minutes 34 seconds West, a distance of 78.46 feet to a point for corner; 27) North 25 degrees 33 minutes 30 seconds West, a distance of 26.76 feet to a point for corner; 28) North 05 degrees 55 minutes 09 seconds East, a distance of 26.65 feet to a point for corner; 29) North 07 degrees 43 minutes 00 seconds East, a distance of 71.21 feet to a point for corner; 30) North 25 degrees 32 minutes 25 seconds East, a distance of 12.97 feet to a point for corner; 31) North 87 degrees 10 minutes 27 seconds East, a distance of 16.71 feet to a point for corner; 32) North 37 degrees 31 minutes 11 seconds East, a distance of 15.88 feet to a point for corner; 33) North 31 degrees 39 minutes 59 seconds East, a distance of 20.16 feet to a point for corner; 34) North 18 degrees 21 minutes 19 seconds West, a distance of 26.25 feet to a point for corner; 35) North 01 degrees 17 minutes 01 seconds East, a distance of 20.44 feet to a point for corner; 36) North 55 degrees 09 minutes 50 seconds West, a distance of 13.98 feet to a point for corner; 37) North 71 degrees 23 minutes 52 seconds West, a distance of 23.16 feet to a point for corner; 38) North 56 degrees 00 minutes 03 seconds West, a distance of 9.09 feet to a point for corner; 39) North 68 degrees 05 minutes 49 seconds West, a distance of 28.30 feet to a point for corner; 40) South 54 degrees 13 minutes 47 seconds West, a distance of 41.23 feet to a point for corner; 41) South 22 degrees 21 minutes 03 seconds West, a distance of 46.33 feet to a point for corner; 42) South 43 degrees 26 minutes 27 seconds West, a distance of 58.73 feet to a point for corner; 43) South 58 degrees 03 minutes 07 seconds West, a distance of 55.27 feet to a point for corner; 44) South 70 degrees 02 minutes 57 seconds West, a distance of 48.16 feet to a point for corner; 45) North 78 degrees 31 minutes 32 seconds West, a distance of 23.08 feet to a point for corner; THENCE North 04 degrees 17 minute 53 seconds East, departing said Muddy Creek and continuing with a common boundary line of said Wylie High School addition and said 34.412 acre tract, passing a 1/2 -inch iron rod with yellow cap stamped "RPLS 3963" set for reference at a distance of 23.00 feet and continuing a total distance of 596.63 feet to the northwest corner of said 34.412 acre tract and an ell corner of said Wylie High School addition from which a found 1/2 -inch iron rod bears North 81 degrees 05 minutes 56 seconds West, a distance of 1.87 feet; THENCE South 88 degrees 44 minute 32 seconds East, with a common boundary line of said Wylie High School addition and said 34.412 acre tract, a distance of 385.87 feet to a southeast corner of said Wylie High School addition and the southwest corner of said 4.2256 acre from which a found 5/8 -inch iron rod bears North 53 degrees 04 minutes 46 seconds West, a distance of 0.66 feet; THENCE North 17 degrees 12 minute 08 seconds West, with the common boundary line of said Wylie High School addition and said 4.2256 acre tract, a distance of 379.94 feet to a 1/2-inch iron rod with yellow cap stamped "RPLS 3963" set for the northeast corner of said Wylie High School addition and the northwest corner of said 4.2256 acre from which a found 1/2 -inch iron rod with cap stamped "RPLS 5686" bears South 20 degrees 40 minutes 25 seconds East, a distance of 1.60 feet, said corner being in the south right -of -way of Farm to Market Road 544 (FM 544), a variable width right -of -way; THENCE Southeasterly with the south right -of -way lines of said FM 544, the following courses: I ) South 70 degrees 31 minute 42 seconds East, with the northeast boundary line of said 4.2256 acre tract, a distance of 1034.92 feet to a Texas Department of Transportation (TxDot) monument found for corner; 2) South 41 degrees 52 minute 19 seconds East, departing the northeast boundary line of said 4.2256 acre tract, a distance of 55.00 feet to a point for corner from which a found TxDot monument bears North 78 degrees 57 minutes 01 seconds East, a distance of 0.20 feet; 3) South 70 degrees 39 minute 06 seconds East, a distance of 90.00 feet to a TxDot monument found for corner; 4) South 74 degrees 04 minute 35 seconds East, a distance of 315.83 feet to a 1/2 -inch iron rod with cap stamped "RPLS 5686" found for corner; 5) South 75 degrees 15 minute 18 seconds East, a distance of 130.51 feet to a TxDot monument found for corner; 6) South 39 degrees 39 minute 51 seconds East, a distance of 85.61 feet to a 1/2 -inch iron rod with yellow cap stamped "RPLS 3963" set for corner; 7) South 78 degrees 31 minute 43 seconds East, a distance of 56.98 feet to a 1/2-inch iron rod with yellow cap stamped "RPLS 3963" set for corner from which a found TxDot monument bears South 63 degrees 05 minutes 06 seconds West, a distance of 0.44 feet, said corner being in the east boundary line of said 0.476 acre tract; THENCE South 04 degrees 07 minute 04 seconds East, with the east boundary line of said 0.476 acre tract, a distance of 339.56 feet to the POINT OF BEGINNING AND CONTAINING 1,432,071 square feet or 32.876 acres of land. "This description is based on the Land Title Survey and Plat made by Robert C. Myers RPLS No. 3963 on June 27, 2011." EXHIBIT "B" PLAN DEVELOPMENT CONDITIONS FOR WYLIE MEDICAL PLAZA AND BUSINESS CENTER LOCATED IN PARKER / SCHOLZ, LIMITED PARTNERSHIP 1. This planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Commercial Corridor (CC) District set forth in Article 4, Section 4.3 of the Comprehensive Zoning Ordinance (adopted as of October 2oii) are included by reference and shall apply as provided herein. 3. The Zoning Exhibit /Concept Plan shall be adopted as a part of this Ordinance. 4. Articles, Sections, and Figures specified herein refer to City of Wylie Zoning Ordinance. In the case of conflict, the Zoning Exhibit /Concept Plan and /or this document shall take precedence. 5. Allowed building fagade materials shall include architectural textured site cast concrete panels with reveal treatments and painted exterior finish. 6. The Planned Development District shall allow the following uses by right: • Helipad or landing Field w/o minimum parking requirement. • Assisted Living Apartment. The Planned Development District shall prohibit the following uses: • Animal Boarding /Kennel without Outside Pens. • Mortuary or Funeral Home. • Automobile Rental. • Automobile Repair, Minor. • Pawnshop. 7. The minimum parking space size shall be 18 feet by 9 feet. 8. Building signage shall be permitted for individual physician's practices along building fagade with a maximum allowable square footage of 6o square feet per tenant suite. Signage shall be aluminum fabricated reverse channel individual letters with brush aluminum finish and internal illumination. Monument signage as allowed by current zoning. ,,,EN o � - �- I R / / / e \ 1 1 1 1 1 1 1 1 1 1 1 1 �v 1 J u zu3 000 � as Ole- - 3 rt% � Aa� 6 i .Rr `�ayo ------------ \ D \ V fi5 \ '\ I \ 1 r b F � 3A �aa / / / o�oww x // wdaOG / � I H O CL c W U UO < m� 2 3 G W o O Z u 8 H Z i ¢ s8 a0 O sum U H 00 2 W ,v s g N � C €4 Mu t 9 E2� _ e° 4 i i i 41 I / / z LLJ LU V) J5 I FII 2: LU w L O!f 0 w LU x Luj� LU --j CL X LU cl� 0 i 0 U LU Z 1r V) Qz @ T1 III IE r7 El Ej IE] [El rLt 7 $6 tlY Of X LU LU U.j Lu LU T� LUr FI V) Cie < o LU om [El F-1 2: LU w L O!f 0 w LU x Luj� LU --j CL X LU cl� 0 i 0 U LU Z 1r V) Qz @ T1 III IE r7 El Ej IE] [El rLt 7 $6 tlY Of X LU C&S'Mledia, Inc. 1be .f armerbbille Timeb • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS STATE OF TEXAS 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 Ordinances was published in said newspaper on the following dates, to -wit: January 18, 2012 qd.pz'_� Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of , 2012 to certify which witness my hand and seal of office. - -� -- SHA D. HILL KIE Texas Pub State of Notary lic, My commission Expires LP March 21, 2013 Notary Public in and for The State of Texas My commission expires 3-D-(-(3 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 • Famieisville, TX 75442.972- 784 -6397 • fax 972 - 782 -7023 Wednesday, January 18, 2012 3B ORDINANCE NO.2012eW ORDINANCE . NO.201UI ORDINANCE -- AN ORDINANCE OF NO.2012.02 THE CITY OF WYLIE, ANORDINANCEOFTHE TEXAS, AMENDING CTTYOFWYTIE,TEXAS, ANORDINANCEOFTHE THE COMPREHENSIVE AMENDING ZONING CITYOFWYL]E,TEXAS, ZONING ORDINANCE ORDINANCE 2007 -04, AMENDING ZONING OFTHE CITY OF WYLIE, ARTICLE 5, SECTION ORDINANCE 2006 -04, ARTICLE 5, SECTIONS AS . HERETOFORE AMENDED, SO As TO 51(1) WHOLESALE D I S T R I B U T I O N 5.1.F AND 5.2.F (RETAIL, CHANGE THE ZONING & STORAGE PERSONAL SERVICES ON THE HEREINAFTER OF THE WYLIE & COMMERCIAL) DESCRIBED PROPERTY, OF THE WYLIE ZOI(IINGCASENUMBER COMPREHENSIVE COMPREHENSIVE 2011 -10, AMENDING ZONING ORDINANCE; ZONING ORDINANCE; THE ZONING FROM ALLOWING FOR AND PROVIDING VOWING FOR C O M M E R C I A L CERTAIN SAFEGUARDS AND PROVIDING CORRIDOR (CC) RELATING TO MINI- SAFEGUARDS & BUSINESS WAREHOUSE (SELF - RELATING RELATING TO GOVERNMENT (BG) STORAGE); PROVIDING SPECIFIC RETAIL DISTRICT' TO PLANNED -- USES; PROVIDING DEVELOPMENT- FOR A PENALTY FOR FOR A PENALTY FOR C-0 M M E R, I C A L THE VIOLATION OF THE VIOLATION OF. CORRIDOR " (PD CC) THIS ORDINANCE; THIS ORDINANCE; DISTRICT. PROVIDING PROVIDING FOR PROVIDING FOR FOR A PENALTY, FOR REPEALING, SAVINGS REPEALING, SAVINGS THE VIOLATION OF AND SEVERABTLITY AND SEVERABILSTY THIS ORDINANCE, CLAUSES, PROVIDING CLAUSES; PROVIDING PROVIDING FOR FOR AN EFFECTIVE FOR AN EFFECTIVE THE REPEAL OF ALL DATE OF THIS DATE OF THIS ORDINANCES . IN ORDINANCE; AND ORDINANCE, AND CONFLICT; PROVIDING PROVIDING FOR THE PROVIDING FOR THE A SEVERABR= PUBLICATION OF THE PUBLICATION OF THE CLAUSE; AND CAPTION HEREOF. CAPTION HEREOF. PROVIDING FOR AN DATE. 36-1t -126 -339