Ordinance 2004-43
ORDINANCE NO. 2004-43
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 2004-23, TO
PLANNED DEVELOPMENT (PD) DISTRICT ALLOWING
FOR MIXED RETAIL AND LIGHT INDUSTRIAL USES;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Planning and Zoning Commission and the governing body of the City
of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the
amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by
publication and otherwise, and after holding due hearings and affording a full and fair hearing to
all property owners generally and to owners of the affected property, the governing body of the
City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be
amended;
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS:
SECTION 1.
That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same
is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter
described property a new zoning classification of Planned Development (PD) District, allowing
for mixed retail and light industrial uses, said property being described in Exhibit "A" and
Exhibit "B" 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the same are hereby, repealed and all other ordinances of the City not in conflict with the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 #2004-43
Zoning Case #2004-23
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 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.
DUL Y PASSED AND APPROVED by the City Council of the City of Wylie,
Texas, this 14th day of December, 2004.
ATTEST:
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Ordinance #2004-43
Zoning Case #2004-23
EXHIBIT "A"
LEGAL DESCRIPTION
ZC #2004-23
Tract 1
All that certain lot, tract or parcel ofland situated in the E.C. DAVIDSON SURVEY,
ABSTRACT NO. 267, City of Wylie, Collin County, Texas, and being all of Tract 1 and Tract 2
as descried in a Warranty deed from Boyd Bennett and wife, Margaret Bennett to Hardcast, Inc.,
dated June 9, 1987 and being recorded in Volume 2646, Page 156 of the Land Records of Collin
County, Texas, and being more particularly described as follows:
BEGINNING at a W' iron rod with yellow plastic cap stamped "R.S.c.r. RPLS 5034" set for
comer in the South right-of-way line ofF.M. Highway 544 (60' from center) at the Northeast
comer of said Tract 1, said point being at the Northwest comer ofa 3.953 acre tract ofland as
described in a Warranty deed from Robert F. Martinez, et al to Greenway-78, L.P., as recorded in
Volume 4886, Page 4459 of the Land Records of Collin County, Texas;
THENCE S 04 degrees 10 minutes 24 seconds W along the common line between said 3.953
acre tract and said Tract 1, a distance of 544.97 feet to a 5/8" iron rod found for corner at the
Southwest corner of said 3.953 acre tract and in the Northwest right-of-way line of Kansas City
Southern Railroad;
THENCE S 55 degrees 10 minutes 40 seconds W along said right-of-way line, a distance of
489.18 feet to a W' iron rod found for comer at the Southwest comer of said Tract 1 and being at
the Southeast corner of THE GREENWAY ADDITION, an Addition to the City of Wylie,
Texas, according to the Plat thereof recorded in Volume 0, Pages 287-289 of the Map Records
of Collin County, Texas;
THENCE along the West line of said Tract 1 and the East line of said Addition as follows:
N 02 degrees 24 minutes 14 seconds E a distance of 272.38 feet to a W' iron rod found
for comer;
N 87 degrees 53 minutes 07 seconds W a distance of 50.22 feet to a W' iron rod found for
corner;
N 02 degrees 59 minutes 10 seconds E a distance of 102.57 feet to a I" iron rod found for
corner;
S 87 degrees 27 minutes 02 seconds E a distance of 50.01 feet to a IIz" iron rod found for
corner;
THENCE N 02 degrees 13 minutes 56 seconds E (Controlling bearing line) along the West line
of Tract 1 and Tract 2, a distance of 453.58 feet to a W' iron rod with yellow plastic cap stamped
"R.S.C.I. RPLS 5034" set for corner in the South right-of-way line ofF.M. Highway 544 (W.
Kirby Street);
Ordinance #2004-43
Zoning Case #2004-23
THENCE N 89 degrees 42 minutes 30 seconds E along said right-of-way line, a distance of
126.08 feet to a broken TXDOT highway monument found for comer;
THENCE in an Easterly direction along a curve to the right having a central angle of 02 degrees
14 minutes 00 seconds, a radius of 5669.58 feet, a tangent of 110.51 feet, a chord of S 89 degrees
10 minutes 32 seconds E, 220.98 feet along said right-of-way line, an arc distance of 221.00 feet
to an "X" cut in concrete drive for comer;
THENCE S 88 degrees 03 minutes 30 seconds E along said right-of-way line, a distance of60.03
feet to the POINT OF BEGINNlNG and containing 277,261 square feet or 6.37 acres ofland.
Tract 2
BEING a tract ofland situated in the E.C DAVIDSON SURVEY, ABSTRACT NO. 267, and
being a portion of that tract ofland conveyed to AC. Martinez from Robert F. Axe as recorded
in Volume 336, Page 358 of the Deed Records of Collin County, Texas and being more
particularly described as follows:
Beginning at a found 5/8 inch iron rod at the intersection of the South right-of-way line ofF.M.
544 (a variable RO.W.) and the West line of the said AC. Martinez tract;
THENCE S 88 degrees 09 minutes 30 seconds E along the South right-of-way line of said F.M.
544, a distance of 198.24 feet to a set 5/8" iron rod set for comer;
THENCE S 03 degrees 51 minutes 10 seconds E, departing the South right-of-way line of said
F.M. 544, a distance of 139.40 feet to a set 5/8" iron rod beginning a tangent curve to the right
having a central angle of 48 degrees 10 minutes 20 seconds, a radius of 522.97 feet, a chord
bearing and distance of S 27 degrees 56 minutes 20 seconds W, 426.86 feet;
THENCE along said curve to the right an arc distance of 439.69 feet to a 5/8" iron rod for comer
being in the Northwest right-of-way line of the G.C. and Santa Fe Railroad (a 100' right-of-
way);
THENCE S 52 degrees 01 minutes 30 seconds W, along the Northwest right-of-way line of said
G.C. and Santa Fe Railroad, a distance of34.11 feet to a found 5/8" iron rod for comer being the
Southwest corner of said AC. Martinez tract;
THENCE N 04 degrees 00 minutes 38 seconds E, departing the Northwest right-of-way line of
said G.C. and Santa Fe Railroad, along the West line of said AC Martinez tract, a distance of
544.88 feet to the POINT OF BEGINNING and containing 83,929 square feet or 1.927 acres
more or less.
Ordinance #2004-43
Zoning Case #2004-23
EXHIBIT "B"
CONDmONS FOR PLANNED DEVELOPMENT DISTRICT
Zoning Case No. 2004-23
General Conditions
1. This Planned Development district shall not affect any regulation found within the
Code of Ordinances, except as specifically provided herein.
2. The property shall be configured into two separate parcels.
a. Tract A: The frontage parcel along FM 544 will measure approximately
3.53 acres and will comply with all regulations of Community Retail as set
forth in Section 4.1.b and Sections 5.1 and 5.2 of the Zoning Ordinance
(Adopted February 7,2002) which are included by reference and shall apply
except as provided herein.
b. Tract B: The remaining approximately 4.62 acres to the south of Tract A
shall comply with all regulations of Industrial, as set forth in Section 4.3 and
Sections 5.2 and 5.3 of the Comprehensive Zoning Ordinance (Adopted as
of February 27,2002) and included by reference and shall apply as provided
herein. This parcel will be used for light assembly, distribution and storage
of raw materials and finished goods utilized in manufacturing, as well as
Community Retail uses.
Special Conditions
1. The following uses shall be permitted in Tract A:
a. All uses as permitted with Community Retail as shown in Section 5.2.
b. Financial Institutions with Drive-through, without SUP, Restaurants with
Drive-in, Drive Through or Carry Our Service, without SUP.
2. The following uses shall be permitted in Tract B:
a. General office and warehouse related uses to include, but not limited to:
1. Distribution
2. Light assembly
3. Storage
b. All uses permitted in Tract A.
As approved by the P&Z Commission November 16,2004
Ordinance #2004-43
Zoning Case #2004-23
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ZONING CASE #2004-23
Ordinance #2004-43
Zoning Case #2004-23
THE WYLIE NEWS
lovenng Wylie, Sachse, Murplij and the surroundmg area
110 N. Ballard
P.O. Box 369
Wylie, Texas 75098
(972) 442-5515
Fax (972) 442-4318
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
the City of Wylie
Ord. No.2004-38, Ord. No. 2004-39, Ord. No. 2004-40,
Ord. No. 2004-41, Ord. No. 2004-42, Ord. No. 2004-43
was published in said newspaper on the following date(s), to-wit: Dec. 22, 2004.
tJj/lllL---
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the (p'-f1-- day of 9~
to certify which witness my hand and seal of office.
, 2005
,~~J'.....~"".
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(ft<~ n /~~J
,
Notary Public in and for
The State of Texas
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ADA L. MOONEY
Notary Public
State of Texas
My Ccmm Exp. 01.02.07
My commission expires 01102/07
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