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and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of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.
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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.
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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