Ordinance 2005-25
ORDINANCE NO. 2005-25
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 2005-10, TO
PLANNED DEVELOPMENT (PD) DISTRICT FOR
NEIGHBORHOOD SERVICES RETAIL 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 for
Neighborhood Services Retail uses, said property being described in Exhibit "A", Exhibit "B"
and Exhibit "C" 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the same are hereby, repealed and all other ordinances of the City not in conflict with the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 No. 2005-25
Zoning Change - Zoning Case 2005-10
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 28th day of June, 2005.
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Date of Publication in The Wvlie News - July 6. i&tLJ IE, Tt.\~\\\\'"
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Ordinance No. 2005-25
Zoning Change - Zoning Case 2005-10
Exhibit" A"
Legal Description
Zone Case #2005-10
ABSTRACT A0716 PATTERSON, WILLIAM, BLOCK 1, TRACT 4, ACRES 1.137 with
an address of 2695 Country Club Road in the City of Wylie, Collin County, Texas
BEING situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas, and
being a resurvey of a called 1.138 acre tract of land described in a deed to Dennis Bell and Dave
Bell, of record in Volume 4765, Page 3150, Deed Records of Collin County, Texas, and being
more particularly described by metes and bounds as follows:
BEGINNING at a IIz" iron rod found for comer in the south right-of-way line of F.M. Road No.
2514 (Parker Road), at the northwest comer of said 1.138 acre tract;
THENCE South 89022'27" East along the south right-of-way line of F.M. Road No. 2514, a
distance of 160.10 feet, to a 5/8" iron rod set for comer at a comer clip;
THENCE South 45002'08" East along said comer clip, a distance of 72.23 feet to a highway
marker found for comer in the west right-of-way line ofF.M. Road No. 1378 (Country Club);
THENCE South 00052'13" West along the west right-of-way line of F.M. Road No.1378, a
distance of 189.70 feet to a %" iron pipe found for comer at the southeast comer of said 1.138
acre tract;
THENCE South 89048'39" West along the south boundary line of said 1.138 acre tract, a
distance of208.71 feet to a 5/8" iron rod found for comer at the southwest comer thereof;
THENCE North 00005'40" East along the west boundary line of said 1.138 acre tract, a distance
of243.16 feet to the PLACE OF BEGINNING and containing 1.137 acres ofland.
ABSTRACT A0716 PATTERSON, WILLIAM, BLOCK 1, TRACT 5 ACRES 1.002 with
an address of 2675 FM 1378 in the City of Wylie, Collin County, Texas
BEING situated in the William Patterson Survey, Abstract No. 716, Collin County, Texas, and
being a resurvey of a tract of land described in a deed to Dave W. Bell of record in Volume
5638, Page 579, Deed Records of Collin County, Texas, and being more particularly described
by metes and bounds as follows:
BEGINNING at a %" iron pipe found for comer in the west right-of-way line of FM Road No.
13 78 (Country Club), at the northeast comer of said Bell tract;
THENCE South 00005'40" West along the west right-of-way line of F.M. Road No. 1378, a
distance of 209.06 feet to a 5/8" iron rod set for comer at the southeast comer of said Bell tract,
from which a %" iron pipe found for reference bears North 89048'39" East, a distance of 2.16
Ordinance No. 2005-25
Zoning Change - Zoning Case 2005-10
feet;
THENCE South 89048'39" West along the south boundary line of said Bell tract, a distance of
208.71 feet to a 5/8" iron rod set for comer at the southwest comer thereof;
THENCE North 00005'40" East along the west boundary line of said Bell tract, a distance of
209.06 feet to a 5/8" iron rod found for comer at the northwest comer thereof;
THENCE North 89048'39" East along the north boundary line of said Bell tract, a distance of
208.71 feet to the PLACE OF BEGINNING and CONTAINING 1.002 acres ofland.
Ordinance No. 2005.25
Zoning Change - Zoning Case 2005-10
Exhibit B
Zoning Case No.: 2005-1Q
Conditions of the Planned Development District
Southwest Comer ofFM 1378 and FM 2514 in the City of Wylie, Collin County, Texas
l.137 ACRES with an address of2695 Country Club Rd
1.002 ACRES with an address of2675 FM 1378
A. General Conditions:
i. This Planned Development District request shail not affect any regulation found within the
Code of Ordinances, unless specifically provided herein.
"J AU regulations of the existing Neighborhood Services (NS) Zoning set forth in Section 4. I.A
of the Zoning Ordinance (as adopted November, 2001) are included by reference and shall
apply as specifically herein.
B. Special Conditions:
1. The foUowing uses shall be permitted by right as functions of the po:
a. Automobile Repair, Minor
b. Car Wash with Attendant (Full Service)
_. Club or Lodge (Non-Protlt)
d. Food Processing
e. General Merchandise or Food Store 5.000 s.f. or less
f. General Merchandise or Food Store 5.000 s.f. or more
g. Household Equipmem & Appliance Repair
h. Motor Vehicle Fueling Station
1. Personal Service Use
J. Restaurant with or without Drive-Through Service
k. f-'inancial Institution with or without Drive-through Service
!. Genera! Office
m. Medical Clinic
_ n. Dry Cieaning or Laundry, Drop-Off or Self Service (On-Site Dry Cleaning)
2. The following uses shall be permitted with Special Use Permit (SUP):
a. Animal Clinic or Hospital
b. Automobile Rental
c Car Wash without Attendant (Coin Operated)
d. Equipment Rental
e. Home Improvement Center, Lumber, Brick, or Building Materials
3. The drive-thru service window wili not be located on any wall that is facing public streets
4 The applicant shal1 be in compliance with the existing NS code in every respect with
exception to uses indicated in Section S.: and B.2 above.
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LOCATION MAP
ZONING CASE #2005- 1 0
Ordinance No. 2005-25
Zoning Change - Zoning Case 2005-10
. * C&S Media, Inc.
m:be jfal'lner~biUe m:ime~. 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
Ord. No. 2005-25, Ord. No. 2005-26,
Ord. No. 2005-27, Ord. No. 2005-28, Ord. No. 2005-29
was published in said newspaper on the following dates, to-wit: July 6, 2005
(JJl1L-
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the
(~
day of
~
, 2005
to certify which witness my hand and seal of office.
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~;~/ My Comm. bp 01.02-07
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Notary Public in and for
The State of Texas
My commission expires 01/02/07
Murphy/SachselWylie 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
r--
I
Legal Notices
Clas~
ORDINANCE NO.
2005-25
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
THE COMPREHENSIVE
ZONING ORDINANCE
OF THE CITY OF
WYLIE, AS HERETO-
FORE AMENDED, SO AS
TO CHANGE THE ZON-
ING ON THE HERE-
INAFTER DESCRIBED
PROPERTY, ZONING
CASE NUMBER 200S-IO,
TO PLANNED DEVEL-
OPMENT (PD) DlS"
TRICT FOR NEIGHBOR-
HOOD SERVICES
RETAIL USES; PROVID-
ING FOR THE REPEAL
OF ALL ORDINANCES
IN CONFLICT; PROVID-
ING A SEVERABILITY
CLAUSE; AND PROVID-
ING FOR AN EFFEC-
TIVE DATE.
ORDINANCE NO.
2005-26
AN ORDINANCE OF
THE CITY OF WYLIE.
TEXAS, ADDING SEC-
TION 110-21 TO THE
WYLIE CODE OF ORDI-
NANCES; PLACING
RESTRICTIONS ON THE
USE, OPERATION OR
RIDING OF SKATES,
SKATEBOARDS OR
SIMILAR NON-MOTOR-
IZED ROLLING
DEVICES, OR THE PRO-
PELLING OF ONESELF
OR ANOTHER ON
SKATES, SKATE-
BOARDS OR SIMILAR
NON-MOTORIZED
ROLLING DEVICES ON
BALLARD STREET AND
THE SIDEWALKS
ALONG BALLARD
STREET BETWEEN
HIGHWAY 78 AND
BROWN STREET.; PRO-
VIDING FOR A PENAL-
TY FOR ALL PERSONS
,,,.-,,.. 1-'
FEE; PROVIDING FOR
THE ISSUANCE AND
REVOCATION OF PER-
MITS; PROVIDING FOR
A PENALTY FOR THE
VIOLATION OF THIS
ORDINANCE; PROVID-
ING FOR REPEALING,
SAVINGS AND SEVER-
ABILITY CLAUSES;
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE; AND
PROVIDING FOR THE
PUBLICATION OF THE
CAPTION HEREOF.
ORDINANCE NO.
2005-29
AN ORDINANCE
ESTABLISHING A PRO-
GRAM RESPONSE ANI)
RECOVERY PHASES OF
COMPREHENSIVE
EMERGENCY MAN-
AGEMENT; ACKNOWL-
EDGING THE OFFICE
OF EMERGENCY MAN-
AGEMENT DIRECTOR;
AUTHORIZING THE
APPOINTMENT OF AN
EMERGENCY MAN-
AGEMENT COORDINA-
TOR; AND PROVIDING
FOR THE DUTIES AND
RESPONSIBILITIES OF
THOSE OFFICES; IDEN-
TIFYING AN OPERA-
TIONAL ORGANIZA-
TION; GRANTING NEC-
ESSARY POWERS TO
COPE WITH ALL PHAS-
ES OF EMERGENCY
MANAGEMENT WHICH
THREATEN LIFE AND
PROPERTY IN THE
CITY OF WYLIE,
TEXAS; AUTHORIZING
COOPERATIVE AND
MUTUAL AID AGREE-
MENTS FOR RELIEF
WORK BETWEEN THIS
AND OTHER CITIES OR
eoUNTIES AND FOR
RELATED PURPOSES;
REPEALING CITY OF
called a Public Hearing
before the Planning and
Zoning Commission on
Tuesday, July 26. 200S at
7:00 p.m. in the Council
Room at City Hall. 120
School Road, Lavon, Texas
to receive public comment
on an amendment to the
Heritage Planned
Development amending
the Planned Development
District No. I Ordinance
No. 2004-09-0S District
Regulations Section 2.7.2
and Section 3.2.2.
A second Public Hearing to
consider the same issue
will be held before the City
Council of the City of
Lavon, Texas on Tuesday,
August 2, 200S at 7:00
p.m. in the Council Room
at City Hall, 120 School
Road, Lavon, Texas.
6-1l-391-nc
NOTICE OF PUBLIC
HEARING
PLANNING AND ZON-
ING COMMISSION
AND CITY COUNCIL
An application has been
received by the City of
Wylie for a:
PROPOSED ZONING
CHANGE
Zoning Case Number:
2OOS-13
Applicant: Ryan Betz with
Skorburg Company
Location: East side of old
FM S44, south of Stone
Road
Property Description: See
Attached - Legal
Description
Present Zoning:
Agriculture (A)
Requested Zoning:Planned
Development (PD)
Proposed Residential
Uses
This public hearing is held
to consider the application
as an amendment to the
Comprehensive Zoning
.. ., .~., -... ,
20% or more of the land
within the 200 foot notifi-
cation area file a wriuen
protest prior to the public
hearing, state law provides
that approval of the zoning
change request shall
require an affirmative vote
of 3/4 of the members of
the City Council.
The application is on lile
for public examination in
the Planning Department at
2000 Highway 78 North,
Wylie, Texas. For addi-
tional information, please
contact the Planning
Department at 972/442-
X IS8. Please reference the
zoning case number when
requesting information.
This facility is wheelchair
accessible and handi-
capped parking spaces are
avai lable. Requests for
interpretation services or
assistive hearing devices
must be made 48 hours
prior to the meeting.
Contact the Office of the
City Secretary at (972)
442-8103, or (TDD) (972)
442-8170 for assistance.
Exhibit "A"
Legal Description
Zone Change #2005-13
BEING a tract of land
located south of Stone
Road, and west of old FM
S44 South and further
described as:
BEING a 18S.1449 acre
tract of land situated in the
E.M. Price Survey,
Abstract No. 72S, the D.W.
Williams Survey, Abstract
No. 980, the Nathaniel
Atterberry Survey, Abstract
No. 1099, and the William
Sutton Survey, Abstract
No. 860, Collin County,
Texas and the E,M. Price
Survey, Abstract No. 1114,
Dallas Co'lInty, Texas, said
tract being all of a 53.42
_H~