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Ordinance 2023-13ORDINANCE NO. 2023-13 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 2023-03, FROM PD 2014-28 AND COMMERCIAL CORRIDOR (CC) TO PLANNED DEVELOPMENT - LIGHT INDUSTRIAL (PD-LI) TO ALLOW FOR EXPANSION OF LIGHT INDUSTRIAL USES; 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 new zoning classification of Planned Development - Light Industrial (PD-LI) 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. Ordinance No. 2023-13 Amendment of PD 2014-28 for 544 Gateway (ZC 2023-03) Page 1 of 2 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 1 lth day of April, 2023. ATTEST: Stephanie Storm, City Secretary • DATE OF PUBL jotvpitiPt,94,2p7�3;,' pie Wylie News c 4 6•Pe7g atthew Porter, Mayor Ordinance No. 2023-13 Amendment of PD 2014-28 for 544 Gateway (ZC 2023-03) Page 2 of 2 EXHIBIT A Legal Description Lot 5 Situated in the State of Texas, County of Collin and City of Wylie, being part of the E.C. Davidson Survey, Abstract No. 266, being part of a 4.79 acre tract as recorded under County Clerk No. 20170313000316910, part of a 1.065 acre tract as recorded under County Clerk No. 20140107000015390, and all of a 1.59 acre tract as recorded under County Clerk No. 20131112001531220 of the Collin County Land Records, with said premises being more particularly described as follows: BEGINNING at a "Boundary Solutions" capped iron rod found at the intersection of the east right-of- way line of Commerce Street (65' right-of-way) with the south right-of-way line of a Dallas Area Rapid Transit Railway (100' right-of-way), marking the northwest corner of said 1.59 acre tract, and the northwest corner of the herein described premises; THENCE with the south right-of-way line of a Dallas Area Rapid Transit Railway, the north line of said 1.59 acre tract, and partway with the north line of said 4.79 acre tract, North 88°00'40" East (basis of bearings), passing at 255.92 feet a 1" iron pipe found marking the northeast corner of said 1.59 acre tract, the northwest corner of said 4.79 acre tract, and continuing for a total distance of 431.90 feet to a "Roome" capped iron rod set marking the northeast corner of said premises; THENCE crossing through said 4.79 acre tract, South 02°18'53" West, 319.74 feet to a "Roome" capped iron rod set in a curve, and marking the southeast corner of said premises; THENCE continuing to cross through said 4.79 acre tract, and the aforementioned 1.065 acre tract as follows: Northwesterly along a curve to the left having a central angle of 03°31'52", for an arc distance of 2.59 feet, with a radius of 42.00 feet (chord = North 85°55'11" West, 2.59 feet) to a "Roome" capped iron rod set marking the end of curve; North 87°41'07" West, 428.10 feet to a "Roome capped iron rod set in the east right-of-way line of Commerce Street, same being the west line of said 1.065 acre tract, and marking the southwest corner of said premises; THENCE with the east right-of-way line of Commerce Street, the west line of said 1.065 and 1.59 acre tracts, North 02°18'59" East, 287.25 feet to the place of beginning and containing 130,694 square feet or 3.000 acres of land. Lot 6 Situated in the State of Texas, County of Collin and City of Wylie, being part of the E.C. Davidson Survey, Abstract No. 266, being part of a 4.79 acre tract as recorded under County Clerk No. 20170313000316910, part of a 1.065 acre tract as recorded under County Clerk No. 20140107000015390, and all of a 1.59 acre tract as recorded under County Clerk No. 20131112001531220 of the Collin County Land Records, with said premises being more particularly described as follows: BEGINNING at a "Boundary Solutions" capped iron rod found at the intersection of the east right-of- way line of Commerce Street (65' right-of-way) with the south right-of-way line of a Dallas Area Rapid Transit Railway (100' right-of-way), marking the northwest corner of said 1.59 acre tract, and the northwest corner of the herein described premises; THENCE with the south right-of-way line of a Dallas Area Rapid Transit Railway, the north line of said 1.59 acre tract, and partway with the north line of said 4.79 acre tract, North 88°00'40" East (basis of bearings), passing at 255.92 feet a 1" iron pipe found marking the northeast corner of said 1.59 acre tract, the northwest corner of said 4.79 acre tract, and continuing for a total distance of 431.90 feet to a "Roome" capped iron rod set marking the northeast corner of said premises; THENCE crossing through said 4.79 acre tract, South 02°18'53" West, 319.74 feet to a "Roome" capped iron rod set in a curve, and marking the southeast corner of said premises; THENCE continuing to cross through said 4.79 acre tract, and the aforementioned 1.065 acre tract as follows: Northwesterly along a curve to the left having a central angle of 03°31'52", for an arc distance of 2.59 feet, with a radius of 42.00 feet (chord = North 85°55'11" West, 2.59 feet) to a "Roome" capped iron rod set marking the end of curve; North 87°41'07" West, 428.10 feet to a "Roome capped iron rod set in the east right-of-way line of Commerce Street, same being the west line of said 1.065 acre tract, and marking the southwest corner of said premises; THENCE with the east right-of-way line of Commerce Street, the west line of said 1.065 and 1.59 acre tracts, North 02°18'59" East, 287.25 feet to the place of beginning and containing 130,694 square feet or 3.000 acres of land. Lot 7 Situated in the State of Texas, County of Collin and City of Wylie, being part of the E.C. Davidson Survey, Abstract No. 266, being part of a 1.065 acre tract as recorded under County Clerk No. 20140107000015390 of the Collin County Land Records, with said premises being more particularly described as follows: COMMENCING at a "Boundary Solutions" capped iron rod found at the intersection of the east right- of-way line of Commerce Street (65' right-of-way) with the south right-of-way line of a Dallas Area Rapid Transit Railway (100' right-of-way), and marking the northwest corner of a called 1.59 acre tract as recorded under County Clerk No. 20131112001531220 of the Collin County Land Records; THENCE with the east right-of-way line of Commerce Street, the west line of said 1.59 acre tract, and the west line of said 1.065 acre tract, South 02°18'59" West, 287.25 feet to a "Roome" capped iron rod set marking the POINT OF BEGINNING, and the northwest corner of the herein described premises; THENCE crossing through said 1.065 acre tract, South 87°41'07" East, 250.79 feet to a "Roome" capped iron rod set in the east line of said 1.065 acre tract, the west line of a called 4.79 acre tract as recorded under County Clerk No. 20170313000316910 of the Collin County Land Records, and marking the northeast corner of said premises; THENCE with the east line of said1.065 acre tract, the west line of said4.79 acre tract, and the west line of Lot 3, Block 1 of Wallace Industrial Park as recorded in Volume F, Page 243 of the Collin County Map Records, South O]^O8'J@"West, 163.1Ofeet toaS/D"iron rod found marking the southeast corner of said 1.065 acre tract, said premises, and the northeast corner of a called 0.8356 acre tract as recorded under County Clerk No. 20160901001165040 of the Collin County Land Records; THENCE with the common line between said D.B3S6and 1.O6Sacre tracts, North 87^26'34"West, 24@44feet toon"X"found inconcrete inthe east line ofCommerce Street, marking the northwest corner of said 0.8356 acre tract, the southwest corner of said 1.065 acre tract and said premises; THENCE with the east line ofCommerce Street, and the west line ofsaid 1.O65acre tract, North 02*18'59" East, 162.03 feet to the place of beginning and containing 40,576 square feet or 0.931 acres ofland. 544 Gateway EXHIBIT "B" Conditions For Planned Development I. PURPOSE: The purpose of this Planned Development is to amend Planned Development Ordinance 2014-28 by expanding the area where the listed light industrial uses are allowed. II. GENERAL CONDITIONS: 1. This Planned Development shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 2. The design and development of the 544 Gateway development shall take place in general accordance with the Zoning Exhibit (Exhibit C). 3. All regulations of the Light Industrial District (LI) set forth in Article 4, Section 4.2 of the Zoning Ordinance (adopted as of April 2021) are herby replaced with the following: Figure 4-5 — Light Industrial District (LI) Height Height of Main Structure (feet) 50 Number of Stories 4 Residential Proximity 3 : 1 slope from residential lot line Building Placement and Coverage Front Yard Setback (feet) 25 Side Yard Setback (feet) 10 Rear Yard Setback (feet) 25 Lot Coverage 50 % Buffering and Screening Service and Loading Areas May face a public street or adjacent residential uses III. SPECIAL CONDITIONS: 1. The following uses as defined in the Zoning Ordinance shall be permitted as follows on the subject property: a. Contractor's Maintenance Yard with accessory outside storage (Retail, Personnel Service &Commercial or Wholesale, Distribution & Storage) permitted by right. 2. The following uses as defined in the Zoning Ordinance shall be prohibited on the subject property: a. Animal Boarding/Kennel without Outside Pens b. Hotel/Motel c. Financial Institution (with or without drive-thru, Alternative) d. Automobile Rental e. Equipment Rental f. Food Processing g. Motor Vehicle Fueling Station h. Truck Machinery & Heavy Equipment Sales, Service or Repair i. Water Treatment Plant, Reservoir or Water Storage j. Industrial (Outside) k. Mini -warehouse (Self -storage) I. Recycling Collection Center 3. No screening required along the north border along the railroad right-of-way. 4. The area labeled as lumberyard on the Zoning Exhibit (Exhibit C) shall be allowed to be developed with a gravel surface. Zoning Exhibit Lianas Are° Rapid Transit Ro11woY Iw'Yti-4d rwrt .a.r I L Lot 7 gt !t Lot itsj Lot ivw. m.R Ns, sw(lathy &rod) "L- Area of Existing PD 2014-28 (2.655 AC.) Area of Proposed (6.805 AC.) 1 1 1 IMTE o.yr w• aR SITE PLAN RYI pawhog W an W+•,w wewti OI1T LIMIER LOT /, RI Sid OATFWIT Acancra OTF OF WTUE Pe/ELOPER,: DAY LUMBER COMPANY VAYT f/ 117101NEERN16. LLC. I/1/a.9mn PO SW4O, LB I/ FT 0/12/620511 TX R/O//m / FI Lm Cam. alma® 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