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Ordinance 2007-35 ORDINANCE NO. 2007-35 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 2007-05, FROM PLANNED DEVELOPMENT (PD) DISTRICT WITH A SPECIFIC USE PERMIT (SUP) TO PLANNED DEVELOPMENT (PD) DISTRICT FOR NEIGHBORHOOD SERVICE 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 (PD) District for Neighborhood Service uses, said property being described in Exhibit "A", Exhibit "B" (PD Conditions) and Exhibit "C" (Concept Plan) 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 or is hereafter amended. Ordinance No. 2007-35 Amending Zoning Zoning Case 2007-05 SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of ",..'_"'1 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 23rd day of October, 2007. '""",,.,.... \\\\\1111/'// ",\1 0 F ,,-,",,~, ....""'..".0 .-:, .;:: ............ .... -II " ATTEST: ;..'" (,J' ,;,,'" -.. /.. ~ l /' r":::-:1~~ \~ ~ = ~ I,) ~..L: = -= (Ill e:~~~':~ .. :- ":-.~ .~ 2 ~ '''''tot'> ..~C:. ~ ; "~'f ... ~ ", "t-y ........ ~c:, " ',1 L 'f.." ,If/ IE T'C. . I" /1 ' ""' 1.1 It 1/ 111\ \ II Date of publication in The Wvlie News - October 31 , 2007 Ordinance No. 2007-35 Amending Zoning Zoning Case 2007-05 Exhibit "A" Legal Description Zone Case #2007-05 BEING situated in the City of Wylie, Collin County, Texas at the northeast comer of Collins Boulevard and FM 544, and being 1151 and 1155 Collins Boulevard, and also being described as Lot 1 and Lot 2 of Block E in the Lake Trails of Bozman Farm Addition. """""" Exhibit B Zoning Case No.: Conditions of the Planned Development District NE Corner of FM 544 and Collins Blvd. in the City of Wylie, Collin County, Texas Lot 1 Block E and Lot 2 Block E of Bozman Farm Estates, Comprising 2.02 Acres A. General Conditions: 1. This Planned Development District request shall not affect any regulation found within the Code of Ordinances, unless specifically provided herein. 2. All regulations of the existing Neighborhood Services (NS) Zoning set forth in Article 4 of the Zoning Ordinance (as adopted January, 2006) are included by reference and shall apply as specifically stated herein. B. Special Conditions: 1. The requirements as outlined in Figure 4-6, Site Design Requirements, Base Standard will apply as well 4 of the following ,:-- design requirements listed under Desirable thereby meeting 4 of the 8 characteristics as required by the Ordinance: i. Page 55, Building Placement, (c) Front fagade oriented to the street ii. Page 57, Access Drives, (a) Combined access points with adjacent tracts and (b) Direct connection between buildings and street iii. Page 58, Location of Service and Loading Areas, (a) Not visible from public street but provide masonry screening 2. The requirements as outlined in figure 4-7, Landscaping Design Requirements, Base Standard will apply as well 6 of the following design requirements listed under Desirable thereby exceeding the 4 of 8 characteristics as required by the Ordinance: i. Page 58, Landscaping in Required Yards, (a) Landscaping that exceeds the minimum by 20%, thereby increasing the desirable characteristic by an additional 10% ii. Page 59, Landscaping of Parking Lots, (a) Landscaping 10% or more in excess of 50 sq.ft./ space and (b) Parking lots with no space further than 40 feet from a landscaped area and (c) Landscaped pedestrian connection to both sides of the main entrance which exceeds the requirement of Desirable Characteristic by an additional 100% Hi. Page 60, Visual Screening, although required by the Base ,',~ Standard to be only 3 feet in height when planted, the plants will be 6 feet in height when planted thereby increasing the Base Standard by 100% iv. Page 61, Landscaping of Street Frontages, (a) Use of rock walls or other landscape features and (c) Provision of special benches, pedestrian lighting other streetscape elements 3. The requirements as outlined in Figure 4-8, Architectural Design requirements, Base Standard will apply as well as 4 of the following design requirements listed under Desirable thereby exceeding the 3 of 6 characteristics as required by the Ordinance: i. Page 62, Building Materials, (a) Use of two complementary primary fayade materials to help achieve fa9ade articulation, visual variety and/or architectural detailing and (b) Copy same style entire block ii. Page 62, Building Materials, Base Standard, (a) Buildings will be constructed of brick with at least 40% stone on the front fa9ade thereby increasing the Base Standard by 100% iii. Page 63, Building Articulation, Form and Massing, (b) Use of Architectural detailing and/or materials to provide variety in visual appearance iv. Page 65, Architectural Compatibility, (b) Buildings with hip roof sections, dormers or two or more gable roof sections at right angles to each other 4. The following uses shall be permitted by right as functions of the ,,- PO: i. Day Care Facility ii. School (Public or Private) Elementary iii. School (Public or Private) Secondary iv. Financial Institution (without drive thru) v. General Office vi. Medical Clinic vii. Health Club viii. Club or Lodge (Nonprofit) ix. Dry cleaning or Laundry, Drop-Off or Self Service x. General Merchandise or Food Store 5,000 sq.ft. or less xi. Household Equipment & Appliance Repair xii. Personal Service Use xiii. Restaurant without Drive-In or Drive Thru Service xiv. Accessory Community Center (Private) xv. Accessory Game Court (Private) xvi. Swimming Pool (Private) 5. The Following uses shall be permitted with Special Use Permit (SUP): i. Animal Boarding/Kennel without Outside Pens ii. Financial Institution (with drive thru) iii. Animal Clinic or Hospital i....._ iv. Food Processing v. General Merchandise or Food Store greater than 5,000 sq.ft. vi. Motor Vehicle Fueling Station 6. Any drive-thru service windows will not be located on any wall that is facing public streets. , ~. f I ~I j .---------------------- &~~ --------------------------------~ ' .. ====~==:==:==:====~~== ;=:==:=--------------~-- ,~' -----------------~~=~=~~~~'~., ~, ,~/' - -------p-ciiWi--c'iii--- --------- -- ---------------- ------ - ,o\ItII:INB BEGINNING 589'13'S4-E 484.38' ..,.. 't- ....U,lil, IC~ ..~ PROPOSED PAD t)NojI. T-.. --lCX;"T1OtI SITE NIMt. ..... 2 ~ o 100 ~ 200 ~ , GR APHlC SCAlE IN F'EET ... CONCEPT PLAN Planned Development District Zoning Case No.: C$S Medir~ ?nc. , aG~je ~'armergbilCe ~Cime~ • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS ~ C STATE OF TEXAS ~ ~7 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 - Ordinance No's 2007-35, 2007-36, 2007-37 was published in said newspaper on the following dates, to-wit: October 31, 2007 Chad Engbrock, Publisher Sf Subscribed and sworn before me on this, the ~ day of ~ , 2007 to certify which witness my hand and seal of office. :o~~pvn~sp, J~ w W ' MP+WY AWAN~ 'r.' : Notary Pu~~l~. ~t~t9 TexAs My ~Ar~~nisnea~ ~xp~~~~ Notary Pub ic in and for s~ptemd~~ 2~, ~qit1 The State of Texas My commission expires l-~' a~ ~ 0 Murphy/Sachse/Wylie Office • 1 l0 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Farmersville/Princeton Office •]Ol S. Main • P.O. Box 512 • Fazmeisville, TX 75442 • 972-784-6397 • fa~c 972-782-7023 ~r...~~~r~r"~"~~ ORDINANCE NO. 2007-35 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHEN- SIVE ZONING ORDI- NANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HERE- INAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 200'3= O5, FRQM . P~ANNED DEVELOPMENT (PD) DISTRICT WITH A SPECIFIC USE PERMIT (SUP) TO PLANNED DEVELOPMENT (PD) DISTRICT FOR NEIGH- BORHOOD SERVICE USES; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CON- FLICT; PROVIDING A SEVERABILITY CLAUSE; AND PRO~ VIDING FOR AN EFFECTIVE DATE.