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Ordinance 2008-30 ORDINANCE NO. 2008-30 AN ORDINANCE OF THE CITY OF W~'LI~, TEXAS, AMENDING THE COMPREHENSIVE Z~NING ORDINANCE NO. 2001-48 OF THE CITY OF WYLIE, TEXAS, BY AMENDING ARTICLE 4 NON-RESIDENTIAL DISTRICT REGULATIONS, ARTICLE 5 USE REGULATIONS AND TO THE OFFICIAL ZONING MAP TO ESTABLISH A BUSINESS GOVERNMENT DISTRICT; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTNE 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; WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated and determined that it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Zoning Ordinance No. 2001-48, Article 4, and Article 5, establishing regulations to allow for current municipal facilities to be brought into conformity with Article 5 Land Use Charts and to establish a zoning category for future municipal facilities. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: Findings Incorporated. 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 Business Government (BG) District, said property being described in Exhibit "A" (Legal Description), -w~~~ Exhibit "B" (Location Map) attached hereto and made a part hereof for all purposes. Ordinance No. 2008-30 Amending Ordinance No. 2001-48 Establishing A Business Government District Zoning Case No. 2008-06 SECTION 2: Amendment to Zonin~ Ordinance No. 2001-48 The City of Wylie's Comprehensive Zoning Ordinance No. 2001-48 Article 4 and Article 5 is hereby amended to add the following: Article 4, Section 4.1 Commercial Districts D. Business Government District (BG) 1. Purpose: The Business Government District is intended to serve as a pedestrian-friendly center for governmental, office, cultural, entertainment and light commercial uses. 2. Permitted Uses: See Use Chart in Article 5, Section 5.1. 3. Development Standards: Following are the yard, lot and space requirements for Business Government District. Fi ure 4-4 - Business Government District BG Hei ht Height of Main Structure (feet) 50 Number of Stories 4 Residential Proximity 3: 1 slope from residential lot line Building Placement and Coverage a u~ Front Yard Setback (feet) 25 Side Yard Setback (feet) 10 Rear Yard Setback (feet) 10' Lot Covera e (maximum) 50 % Bufferin and Screenin Nonresidential Use Adjacent to Single Family Double Side & Rear Setback - 10' required landscaping w/screening Nonresidential Use Adjacent to Multifamily Double Side & Rear Setback - 5' re uired landsca in w/screenin Service and Loading Areas Not visible from public street or adjacent residential uses Ordinance No. 2008-30 Amending Ordinance No. 2001-48 Establishing A Business Government District Zoning Case No. 2008-06 _ _ Section 5.1 LAND USE CHARTS Figure 5-2 District Abbreviations AB13KF~1~t ~7~f~: I~)"ei~~; [)Iti~i~~Rl(~i '~ai~IF, I) 1)~;~i~~ ~ t tr~~ I.+r~+-I)cn•it~~ IZe~i~lc~t~tial I)i.irict~ \t~ ;~i 1.':i~tiittlr;i( ()~`,'['i.~. , 'i! ~lil;'tl' ~~;±(llil` i 1Ci~i.' ~IciDir_~n~ 1)~~r~~~it~~ 12~~si~lcnti<il 1)ist~~icl. til -'ii 'f, ~;i~,,,ii~ i ,i!nil~ - ~i; ~~~,~ii~i ti1 -i~~ '~;~<<;i~~ I :ni;~i. I)i,I~;~t }li~l~-1)ci~~itti tZc~i~lcnti:~! 1)ititrict~ ! I I ! ~~~~~~h<~t;~~~° Ui~~r~~c~. \~11~ \i~s(lii:ui~iil~ I)i.t,~~t~ ~j}~ ~~<Uliti~l~l[il'i'C~ l{lltll~ 1)?'~if~i~l (~i~~n~~~~rcial t)itih-icts ~S '~~i~~i~~~c,rh~,~~~1 ~c•r;i~~~~ I)i~trit~i (~it t ~?n~t~~~~inilt (~~t:zi! i)i5tri~t t ( ~71'I"1C~(lt' ~ t1111lliCfC!:l~ ~)15(Cl~'l BG Business Government I n~lu~t~-ia) 1)i~t rict i.! 1 t~>Itt IntluS[~~i.~i i7i~€;~~~t ? ~1 ~ ~ ~~:1~ ~ 4iI~iU,ti'1;.11 ~ )I`~i!li'1 ~ ~rc~i~~! !'t~r ~i+~.c xnci th~~crl~~~~ [)i~t~-ict~, ly~) ~'!:ilSiit'il 1)iti'~~tf1111~`i?! OI~(1iC! ~ }~i~.7ittll`1~1i11 ~~f'~i1~1C1 i71~1i ,)t,~.~,~ttu~,~,l~ }li~.r,~ri~ Oi,,r~i,4~t Section 5.2 LISTED USES C. Institutional & Community Serviee Uses 3. Civic Center a. Definition: A Civic Center is a building or complex of buildings that house municipal offices and services, and which may include, but are not limited to, cultural, recreational, athletic, convention or entertainment facilities owned, managed, or operated, in whole or in part by a governmental agency. b. Permitted Districts: See Land use Charts in Section 5.1. c. Required Parking: Shared parking calculated at thirty percent (30%) of peak demand period based on use. Buildings must be designed as complexes with parking placed behind pedestrian- Ordinance No. 2008-30 Amending Ordinance No. 2001-48 Establishing A Business Government District Zoning Case No. 2008-06 oriented walkways. The total number shall be determined during a site plan review process that considers: Library = One space for every 200 square feet of floor area. Office = One space for every 300 square feet of floor area. Recreational Center = The following general standards when applicable: i. One space for every 100 square feet of floor area for structures ii. Three spaces for every game court; iii. One space for every three seats in any assembly area; iv. Seventy spaces for every playing field used for league play. F. Retail, Personal Service & Commercia! Uses 13. General Merchandise or Food Store 5,000 s.f. or less f. Additional Provisions: BG District: Use must be incorporated into the Civic Center facility and owned, managed, operated, or contracted through, in whole or in part by a governmental agency. 21. Restaurant without Drive-in or Drive-through Service f. Additional Provisions for BG District: Restaurant Use must be incorporated into the Civic Center facility and owned, managed, operated, or contracted through, in whole or in part by a governmental agency. SECTION 3: Savin~s/RepealinE Clause: Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall remain in full force and effect, save and except as amended by this or any other Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and effect. SECTION 4: Severability: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. Ordinance No. 2008-30 Amending Ordinance No. 2001-48 Establishing A Business Government District Zoning Case No. 2008-06 _ _ SECTION 5: Penaltv Provision: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 2001-48, as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum not exceeding Five Hundred Dollars ($500.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. SECTION 6: Effective Date: This Ordinance shall become effective from and after its adoption and publication as required by law the City Charter and by law. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this ~ 24t" day of June, 2008. ~`~`a`~~~~~~~~3,'~,~ ; ~ric Hogue, I' ~ ATTEST: ~~C.~C`~'° ~J~ _ ° ~ _ ~ ~ Carole Ehrlic , City Secretary ~e3°° •.ej.a m 0~ %e~ Eis ~~e~P~``a Date of publication in The Wylie News - July 2, 2008 Ordinance No. 2008-30 Amending Ordinance No. 2001-48 Establishing A Business Government District Zoning Case No. 2008-06 Exhibit "A" Legal Description Zone Case #2008-06 BEING three tracts of land situated as follows: The M. Milliron Survey, Abstract No. 563, Tract 2 and containing 158.6647 acres and The John W. Curtis Survey, Abstract No. 196, Tract 1 and containing 68.7110 acres for a total of 227.3757 acres; The Allen Atterbury Survey, Abstract No. 23, Tracts 23 and 54, containing 28.392 acres; Lot 2, Block A in the Wylie High School Addition, containing 80.066 acres of land, being in the City of Wylie, Collin County, Texas Ordinance No. ?008-30 Amending Ordinance No. 2001-48 Establishing A Business Government District Z.oning Case No. 2008-06 / ~ 1 ? ~ O ~ D ? ~ ~ ? COL.UN QUNTY DALIAS OUNTY ` LOCATION MAP Ordinance No. 2008-30 ~pNING CASE #2008-Ob Amending Ordinance No. 200 Establishing A Business Government District Zoning Case No. 2008-06 C&S Media, Inc. ~ ~he ~'armergbilCe ~irneg • Murphy Monitor • The Princeton Herald • The Sachse News • THE WYLIE NEWS STATE OF TEXAS ~ 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. 2008-30 and 2008-31 was published in said newspaper on the following dates, to-wit: July 2, 2008. Chad Engbrock, Publisher ~ ti~ Subscribed and sworn before me on this, the day of , 200E to certify which witness my hand and seal of office. ,a~~a~,,,, 1 ~ ;~o~PP"'°a'n_ MARY SWANK ; _ Notary Public, St~t~ ~f Texas ~ ~r ~ ;N;4~~.,c My Commission Expires '"'•~FO°'E;d~ September 2~, 2Q10 Nota y Public in and for The State of Texas ~ ~ - ~ G' ~ My commission expires , Murphy/Sachse/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098 • 972-442-5515 • fax 972-442-4318 Fazmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farme~ville, TX 75442 • 972-784-6397 • fax 972-782-7023 ~'ednesda Ju1 2 2008 SB ~~~DIN , ~ AN >C3RDINANCE OF' ~`'T~IE CTTY OF VJYLIE, TEXAS, AME~DING COMPREHEN~IUE . ZOAT~E'i ~+(~R~~-, NANCE' NO 2(~1-~$ . OF. THE CT~'Y t~ , WYJ..~E, T`EXA~, B'~ , AMEND"ING AR~`I- ,CI.E, ; 4 NQi~t-T~; DENTIAL DiS`~'~~ REGULt~TIONS, ARTICLE 5 USE REG- ULATIONS AND ~TO T'HE OFFICIAL ZON- ING Iv~,F TO ESTAB- I;IS~ A BI7SINF-SS GO'VERNM~I~' DIS- TRIC.T; PROVIDING FOR THE REP~AL pF ALL QRDI- NANCES IN 'CON-, FLIC'P; PROVI~ING A S~VERAB3LITY CLAUSE; AND PRO- VIDiNG FG]~t A1bT EF~CTIVE DA'~'E.