Ordinance 2004-24
j
ORDINANCE NO. 2004-24
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 2004-12,
TO COMMUNITY RETAIL (CR) DISTRICT WITH A
SPECIAL USE PERMIT (SUP) ALLOWING FOR
TELECOMMUNICATIONS TOWER; 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 anew zoning classification of Community Retail (CR) District with a Special Use Permit,
allowing for a telecommunications tower, 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same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of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.
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 oris
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 ofthis
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 27th day of July, 2004,
\\\\\\1111/'"
,\,\ 0 F'A. I",
" _, '-V 1- '..
~'~ '............ T( .I~
~ r ~ .... -... ~~
:::........,... e-~ -."'-:.
; f SEAL 'E =
~ ~.e ~..._
."... .-
..".. ......
~ ..... ..... ~
~ ~ ........ ,?--C:J '"
;.//" YL I E It'/-. \"",
17""11'11\\\\\\
By
ATTEST:
Exhibit" A"
Legal Description
ZC #2004-12
Lease Area
BEING a 0.014 acre (616,77 sq. ft,) tract and being all that certain lot, tract or parcel ofland
situated in the E, C. Davidson Survey, Abstract No, 267, Collin County, Texas, and being part of
a called 3.953 acre tract described in a deed from Robert R. Martinez, Marcos F. Martinez,
Ronald F, Martinez, Emesto F, Martinez, Eugenio F, Martinez and Elida M, Price to Greenway-
78, L.P, as recorded in Volume 4886, Page 4459, Collin County Deed Records, and being more
particularly described as follows:
COMMENCING from a 1/2 inch iron rod found at the southwest comer of said 3,953 acre tract
on the northwest line of a railroad;
THENCE North 51 degrees 47 minutes 47 seconds East along the southeast line of said 3.953
acre tract a distance of 64,86 feet and North 38 degrees 12 minutes 13 seconds West across said
3,953 acre tract a distance of 27.22 feet to a 1/2 inch iron rod set at the POINT OF BEGINNING;
THENCE South 03 degrees 46 minutes 55 seconds West across said 3.953 acre tract a distance
of 22.53 feet to a 1/2 inch iron rod set at the beginning of a curve to the right, for a comer;
THENCE across said 3.953 acre tract and along said curve to the right having a radius of 512,89
feet, an arc length of 15,58 feet, and being subtended by a chord bearing of South 50 degrees 56
minutes 27 seconds West a distance of 15,58 to a 1/2 inch iron rod set at the end of said curve,
for a comer;
THENCE South 50 degrees 36 minutes 45 seconds West across said 3,953 acre tract a distance
of 2.74 feet to a 1/2 inch iron rod set, for a comer;
THENCE North 86 degrees 13 minutes 05 seconds West across said 3,953 acre tract a distance of
6.57 feet to a 1/2 inch iron rod set, for a comer;
THENCE North 03 degrees 46 minutes 55 seconds East across said 3.953 acre tract a distance of
35.00 feet to a 1/2 inch iron rod set, for a comer;
THENCE South 86 degrees 13 minutes 05 seconds East across said 3.953 acre tract a distance of
20.00 feet to the POINT OF BEGINNING of said 0.014 acres (616.77 sq. ft,) ofland,
Exhibit "B"
CONDITIONS FOR SPECIFIC USE PERMIT
T -Mobile Telecommunications Tower
South ofF.M. 544 and west ofS.H. 78
(Greenway Tract)
Zoning Case No. 2004-12
General Conditions:
1, This Specific Use Permit shall not effect any regulation within the Code of Ordinances,
except as specifically provided herein.
2. This Specific Use Permit shall apply only to that area leased by T -Mobile and its
predecessors for the telecommunications equipment and tower as well as the access
easement, as defined in the legal description and Development Plan attached hereto.
3, All regulations of Community Retail (CR) District set forth in Article 4, Section 4.2,A of the
Comprehensive Zoning Ordinance (as adopted February 27,200) are included by reference
and shall apply except as provided herein,
4, The attached Development Plan (Exhibit C) shall conform to the written conditions of the
Planned Development, but in case of conflict between the two, the written conditions shall
prevail.
Special Conditions:
1, The telecommunications tower and related facilities shall at all times conform fully to the
requirements of the Article 5, Section 5.2,G.14 ofthe Zoning Ordinance as adopted as of the
date of the approval of this Specific Use Permit, and especially that the tower be a
monolithic pole with no guy wires and that no part of the tower and appendages thereto shall
exceed 120 feet in height above finished grade,
2, The base of the tower and all equipment shall be enclosed by a screen wall of split-faced
concrete blocks (CMUs) not less than 8 feet in height. The gate shall be a material sufficient
to eliminate through visibility, Any wire security enclosures shall be fully concealed by the
screen wall.
3. T -mobile shall allow the use of the tower by other telecommunications providers as
appropriate for the effective operations of all providers, and all antennas shall be enclosed
within the monolithic tower pole,
4, The access drive shall be not less than 12 feet in width, constructed of concrete as approved
by the City Engineer, and shall be marked as a Fire Lane, Parking spaces shall be provided as
required by the Zoning Ordinance, and shall be concrete as approved by the City Engineer,
5, No signs shall be attached to the screen wall or tower, except that required for the operations
and emergency contact of the tower's ownership,