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Ordinance 2023-12ORDINANCE NO. 2023-12 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 2023-06, AMENDING PD 2020-43 TO ALLOW FOR A MODIFICATION TO THE CONSTRUCTION SCHEDULE; 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 zoning classification of Planned Development said property being described in Exhibit A (Legal Description), 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 as described in Exhibit B (PD Conditions) and Exhibit C (Zoning Exhibit). 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, Ordinance No. 2023-12 Amendment of PD 2020-43 for Browngate Pointe (ZC 2023-06) Page 1 of 2 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 11th day of April, 2023. tthhw Porter, Mayor j, '\ ATTEST: Stephanie Storm, City Secretary DATE OF PUBL TJQ 'Aril-1119; , in The Wylie News Ordinance No. 2023-12 Amendment of PD 2020-43 for Browngate Pointe (ZC 2023-06) Page 2 of 2 Exhibit A-1 Legal Description of Townhomes at Browngate Pointe Being a tract of land situated in the C. Atterbury Survey, Abstract No. 22 and D. Williams Survey, Abstract No. 1021, City of Wylie, Collin County, Texas said being a part of a tract of land conveyed to Birmingham Land, Ltd, by Special Warranty Deed recorded in Document No. 94-0029675, Deed Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found at the Southwest corner of the Sanden Boulevard Church Addition, an Addition to the City of Wylie, Collin County, Texas, according to the map recorded in Volume 2013, Page 352, Map Records, Collin County, Texas, said point being on the East right-of-way line of Sanden Boulevard (variable width right-of-way); THENCE South 88 degrees 23 minutes 58 seconds East, along the South right-of-way line of said Sanden Boulevard Church Addition, passing at a distance of 643.75 feet, a 1/2 inch iron rod, and having a total distance of 645.97 feet to a point for corner on the West line of Lot 1, Block A of Birmingham Farms, Phase 10, an Addition to the City of Wylie, Collin County, Texas, according to the map recorded in Volume 2014, Page 348, Map Records, Collin County, Texas; THENCE South 01 degrees 18 minutes 10 seconds West, along said West line of Lot 1, Block A, passing at a distance of 383.58 feet, a 1/2 inch iron rod found at the Southwest corner of said Lot 1, Block A, and having a total distance of 403.59 feet to a point for corner on the North right-of-way line of West Brown Street (variable width right-of-way); THENCE North 88 degrees 39 minutes 30 seconds West, along said North right-of-way line of West Brown Street, a distance of 732.35 feet to a point for corner at the intersection of said North right-of- way line of Brown Street and the aforementioned East right-of-way line of Sanden Boulevard; THENCE North 01 degrees 27 minutes 43 seconds East, along said East right-of-way line of Sanden Boulevard, a distance of 9.23 feet to a point for corner at the beginning of a curve to the right with a radius of 969.00 feet, a delta of 24 degrees 12 minutes 57 seconds, and a chord bearing and distance of North 13 degrees 34 minutes 11 seconds East, 406.50 feet; THENCE Northerly along said East right-of-way line of Sanden Boulevard and curve to the left, an arc length of 409.54 feet to the POINT OF BEGINNING and containing 285,453 square feet or 6.55 acres of land. EXHIBIT B Browngate Pointe Planned Development Standards (ZONING CASE 2023-06) I. Purpose: The intent of this planned development district is to allow for a gated townhome neighborhood with commercial uses that provides affordable housing for the community of Wylie. II. GENERAL CONDITIONS: a. This Planned Development shall not affect any regulations within the 2019 Zoning Ordinances except as provided herein. b. The residential and commercial tracts (identified as Tract 2 Lots 1-39 and Tract 1 Lot 1, respectively on the Zoning Exhibit) shall be required to be developed concurrently with the following guidelines: 1. No more than 22 of the townhome units shall receive a final inspection prior to an approved final foundation inspection by the City of Wylie of the commercial development on Tract 1. Lot 1. 2. No more than 33 of the townhome units shall receive a final inspection prior to a shell building Certificate of Occupancy by the City of Wylie of the commercial development on Tract 1, Lot 1. c. All regulations of the Townhome District (TH) set forth in Article 3, Section 3.3 of the Comprehensive Zoning Ordinance (adopted as of 2019) are hereby replaced with the following: Figure B.1— Townhome (TH) Townhome Subdistrict Lot Size Minimum Lot Area (sq. ft.) 2,950 Minimum End Lot Area (sq.ft.) 3,450 Minimum Lot Width (ft.) 35 Minimum Lot Width of End Lot (ft.) 40 Minimum Lot Depth (ft.) 84.5 Minimum Lot Depth Double Front Lot (ft.) • N/A Dwelling Regulations Minimum Square Footage 1400 Design Standards Level of Achievement Yard Requirements — Main Structures Minimum Front Yard Setback (ft.) 20 Minimum Side Yard Setback (ft.) 0 for interior, 0 and 5 for Exterior Minimum Side Yard for Corner Lots (ft.) 15 Minimum Rear Yard Setback (ft.) 25 Minimum Rear Yard Double Front Lots (ft.) N/A Maximum Lot Coverage 60% Height of Structures Main Structure (ft.) 40 II. SPECIAL CONDITIONS 1. Maximum number of Townhome residential lots not to exceed 40 lots 2. A tree survey shall not be required and no trees on the property are classified as protected within the tree preservation section 7.6 of the Zoning Ordinance. 3. H.O.A. shall be established to maintain exterior screening wall, private street(s) and other community features. 4. Average lot size shall be a minimum of 3,180 square feet. Lot sizes shall range from a minimum of 2,950 to a maximum of 4,000. 5. The streets, though private, shall conform to all aspects of the City of Wylie Design Standards in place at the time of construction. 6. Garages shall be a minimum of 400 square feet 7. Parkland will not be dedicated. Fees in lieu of dedication based on current parkland fees at the time of Planned Development adoption 8. As part of construction phase, the sidewalk along Sanden Blvd that does not meet city standard shall be rebuilt to match the current City standard of 5' width meandering. 9. Landscape shall be provided around any detention area in order to screen said area from view of a public right of way. The living screen shall consist of bushes, shrubs, trees, or other mutually agreed upon flora, at a minimum of 18" at planting. The HOA shall be responsible for the maintenance of the screening. III. RESIDENTIAL DESIGN STANDARDS 1. Architectural Standards: a. Building Bulk and Articulation In order to avoid large blank facades, variations in the elevation of the residential facades facing the public street shall be provided in both the vertical and the horizontal dimensions. At least 25% of the facade shall be offset of 1 foot either protruding from or recessed back from the remainder of the facade. b. House Numbers All Townhome residential units shall have a wall plaque with the resident address accenting/matching the exterior wall material beside the main entry of the dwelling unit. c. Exterior Facade Material All Townhome residential units shall have exterior building materials as required by Section 3.4 of the September 2019 City of Wylie Zoning Ordinance and the executed Development Agreement attached to this Ordinance. d. Exterior Facade — Porches Each Townhome residential unit shall have a combined total covered front or side entry of 50 square feet of floor area. e. Exterior Structure — Height Main Structures shall be a maximum of 40 feet in height. 2. Repetition of Residential Unit Designs Each building within the Planned Development shall contain either 4 or 5 individually platted attached residential units. Each lot within a single structure shall have a different elevation, but each overall building will be similar. 3. Neighborhood Features a. This neighborhood shall be enclosed with a combination of masonry and wrought iron fencing. b. A landscaped buffer of at least 18 feet in width with a berm of at least three feet in height at a 3:1 slope shall be installed along the Brown Street frontage of Tract 2 (townhome residential lots as shown on Zoning Exhibit). c. An automatic sliding gate on each of the two entrances to the proposed private streets to give a gated community secure environment to the Townhome residential units. City services including police and fire protection shall have access to entry for the gates. IV. COMMERCIAL DESIGN STANDARDS a. Lot 1 of Tract 1 on the zoning exhibit is planned for an approximately 5,900 square feet commercial / office use. The design requirements for this portion of the development shall conform to Article 4 of the 2019 Zoning Ordinance for regulations of development within the Neighborhood Services District. Teal COCEPN&L CATGUT S F mC1U . 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O W P.m. al]1I e..r 13 ▪ Ilea* 1S Rk Noy IS 231 Mal *SC CadabLellev Mee 30 2021 FNISNFFR: LTyI..IM AO e C deal Fawn Date 4� Mat Tmm MOO Prom Idateele IN Pens, 573-4f7-1e05 oFVF7IMEEL Thal n* LLC nm Manama P.n.., Max T4 .44 Tarr ttee4e 6 r YIN ed a/I.Ma Rol Row cis media STATE OF TEXAS COUNTY OF COLLIN run • Cut H Hi I.:11(i • "/* .`..� ;, � r. P't; b1'VI,I1. Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher of C & S Media, dba The Wylie News, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4), who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice — Ordinance Nos. 2023-12, 2023-13 & 2023-14 was published in said newspaper on the following date(s), to -wit: April 19, 2023 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 20th day of April, 2023, to certify which witness my hand and seal of office. SONIA A DUGGAN Notary ID #1266463.43 My Commission Expires August 12, Notary Public i f: ,;,I or The State of Te as My commission expires 08/12/2024. Ii;•i i,rd• 1`,`). ('j.W\hc.?A '+()O}i•`7'i2..1('�-J'�i,`' l(i' \1'M •I'() lSi,r 5;2• A7,1'1: •'P' ,�- 4C April 19-20, 2023 elasabodseennediatexaccom_ 972-442-5 Ordinance No. 2Q23-14 An Ordinsnce of the City of Wylie, .Mini; amending the Com- prehensive Zoning Ordinance of the City of Wylie, as hereto- fore amended, so as to change the zon- ing on the hereinaf- ter described prop- erty, Zoning Case Number 2023-01, from Agricultural (AG/30) and Commercial Cor- ridor (CC) to Light In- dustrial — Special Use Permit (LI-SUP)1011- low for certain Light Industrial uses; peotl' ing fora penalty for the violation of this ordi- nance; providing for the repeal of all ordi- nances in conflict; pro- viding a severability • clause; and. providing - for an effective date. Sl-tt-1001i 5 x21 No. 202342 An Ordinance of the City of Wylie, Texas, amending the Com- prehensiVe Zoning Ordinance of the City of Wylie, as hereto- fore amended, so as to change the zon- ing on the hereinafter described ; property, Zoning Case Number 2023-06, amending PD 2020-43 to allow for a. modifcatxm to the Construction schedule; providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing, a severabil- ity clause; and provid- ing foran effective date. Ordinance No. 2023.13 An Ordinance of the City of Wylie, Texas, amending the Com- sive Ordinance of this City of Wylie, as hereto- fore, amended, so as to change, tale zoning on the ba de- scribed , Zon- ing Case Nuntber 2023- 03, fi+om PD 201428 and Ccmmercial Cor- ridor (CC) . to Planned Ddvelopment — Light trial (PD-L1) to providing for a penalty for the violation of this ordinance; providing for the repeal of all ordinances in conflict; providing a aeverabtl- ity clause; and Provid- ing for as effective date