Ordinance 2017-07 ORDINANCE NO.2017-07
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 2016-17, PLANNED
DEVELOPMENT 1999-32 TO PLANNED DEVELOPMENT-
TO ALLOW FLEXIBILITY OF SITE SIGNAGE
ESTABLISHING PROVISIONS WITHIN THE
COMMERCIAL CORRIDOR DISTRICT (FOR RETAIL &
SERVICE USES) OF THE PD DISTRICT; 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 2017-07
Commercial Corridor (PD-2017-07-CC), said property being described in Exhibit A (Legal
Description), Exhibit B (PD Standards), Exhibit C (Site Plan), Exhibit D (Site Signage) 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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in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.
1
Ordinance No.2017-07
Change the zoning on the hereinafter described property,Zoning Case number 2016-17,Planned Development
1999-32 to Planned Development-to allow flexibility of site signage
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.
DULY PASSED AND APPROVED by the City Council of the City of Wylie,
Texas,this 28th day of February, 2017.
4\e/
Eric Hogue,May i r
ATTEST:
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Carole Ehrlich, Secretary • �- �' p
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Ordinance No.2017-07
Change the zoning on the hereinafter described property,Zoning Case number 2016-17,Planned Development
1999-32 to Planned Development-to allow flexibility of site signage
Exhibit"A"
Legal Description
Legal description as noted on S10697,Final Plat,Creekside Retail Addition,Lots 1 and 2,Block A, 5.901
Acres, Situated in the John W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas,
dated January 20,2015.
WHEREAS WAL-MART REAL ESTATE BUSINESS TRUST, is the owner of a tract of land situated in the
John W. Mitchell Survey, Abstract No. 589, City of Wylie, Collin County, Texas, and being all of a called 5.901
acre tract of land described in a Special Warranty Deed to Wal-Mart Real Estate Business Trust, recorded
Instrument 20140214000143720 said official public recording and being more particularly described by metes and
bounds as follows:
BEGINNING at a 5/8-inch iron rod with a plastic cap stamped"KHA" set for the most westerly, southwest corner
of said 5.901 acre tract, same being the northwest corner of a called 2.221 acre tract of land as described in a
Dedication and Impact Fee Agreement Between Creekside Development, Inc. and the City of Wylie, recorded in
Instrument No. 20130628000900370 of the Official Public Records of Collin County, Texas, same being the
intersection of the north right of way line of McMillen Road(County Road No.298),a variable width right of way
with the east right of way line of McCreary Road(County Road No.245),a variable width right of way as created
on the final plat of Creekside Estates Phase I,an Addition to the City of Wylie,Texas,according to the Plat,thereof
recorded in Cabinet N,Page 894 of the Plat Records of Collin County,Texas;
THENCE North 00°05'18"East, along the west line of said 5.901 acre tract and the east right of way line of said
McCreary Road(County Road No.245),a distance of 491.95 feet to a 5/8-inch iron rod with a plastic cap stamped
"BURY PARTNERS" found for the northwest corner of said 5.901 acre tract, same being the southwest corner of
Garnet Hill Addition, Block A, Lot 1, an Addition to the City of Wylie, Texas, according to the Plat, thereof
recorded in Volume 2007,Page 291 of the Plat Records of Collin County,Texas;
THENCE South 89°54'42"East,along the north line of said 5.901 acre tract and the south line of said Block A,Lot
1, a distance of 504.00 feet to a 5/8-inch iron rod with a plastic cap stamped "BURY PARTNERS" found for the
southeast corner of said Block A, Lot 1, and the northeast corner of said 5.901 acre tract, same also being on the
west line of Lot 8,Block E of aforesaid Creekside Estates Phase I;
THENCE South 00°05'18"West, along the east line of said 5.901 acre tract and the west line of said Lot 8,Block
E,passing at a distance of 74.48 feet a 5/8-inch iron rod with a plastic cap stamped"BURY PARTNERS"found for
the northwest corner of said Lot 8,Block E, common to the northwest corner of a called 18.475 acre tract of land
described in the deed to Creekside South Apartments LLC, as recorded in Instrument No. 20131213001642650, of
the Official Public Records of Collin County,Texas, and continuing along the west line of said 18.475 acre tract,a
total distance of 509.58 feet to a 5/8-inch iron rod with a plastic cap stamped "KHA" set for a corner at the
southwest corner of said 18.475 acre tract, and on the north line of aforesaid 2.221 acre tract, same being the north
right of way line of aforesaid McMillen Road(County Road No.298);
THENCE South 89°54'03"West,along the north line of said 2.221 acre tract and the north right of way line of said
McMillen Road(County Road No.298), a distance of 484.67 feet to a 5/8-inch iron rod with a plastic cap stamped
"KHA"set for the south corner of a visibility clip;
THENCE North 45°05'05" West, continuing along north line of said 2.221 tract and along said visibility clip, a
distance of 27.27 feet to the POINT OF BEGINNING and containing 5.901 acres (257,062 square feet) of land,
more or less.
Bearing and distances are based upon Texas State Plane Coordinates,North Central Zone,NAD83, as determined
using City of Wylie GPS station CM 2,City of Wylie GPS station CM 4 and City of Wylie GPS station CM 5. The
bearings shown are Grid values. The distances shown are Surface values.
Exhibit"D"
Site Signs
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Walmart
Neighborhood Market
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" '"`a November 15w,2016 Walmart I'♦ Wylie,TX#6()78 EXHIBIT"C" 1 1
Exhibit"B"
Planned Development Design Standards
Creekside Estates
The Property shall be developed and used only in accordance with the following Development
Regulations:
CC Corridor Commercial District
This classification shall conform to the City of Wylie CC zoning classification except as noted below:
Fuel pricing signs.
a. The maximum width allowed for advertising area per site sign shall be eight(8)feet six(6)
inches.
b. The total number of fuel pricing display signs allowed per site shall be four(4);one(1)per site
sign; and one(1)per canopy face with a maximum of two(2)fuel pricing signs allowed on the
canopy.