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Ordinance 2022-33 ORDINANCE NO.2022-33 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 2022-05, FROM COMMERCIAL CORRIDOR (CC) TO PLANNED DEVELOPMENT - COMMERCIAL INDUSTRIAL (PD-CI), TO ALLOW FOR INDUSTRIAL AND COMMERCIAL DEVELOPMENT; 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 -Commercial Industrial (PD-CI), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and Planned Development Conditions are an integral component of the development of the property and are attached as Exhibits B and C, respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 4: 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 5: 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 6: 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. Ordinance No.2022-33 Lovett Logistics Page 1 of 2 SECTION 7: 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 8: 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 26th day of April,2022. atthew Porter,Mayor ATTEST: Ard'P\A"Al(34C6AALL Stephanie Storm,City Secretary DATE OF PUBLICATION: May 4,2022,in The Wylie News Ordinance No.2022-33 Lovett Logistics Page 2 of 2 EXHIBIT "A" LEGAL DESCRIPTION BEING a tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, City of Wylie, Collin County, Texas, and being a portion of a called 22.7325 acre tract of land described in the Special Warranty Deed with Vendor's Lien to 78/HOOPER, LTD. recorded in Volume 5191, Page 1925, Deed Records, Collin County, Texas, and being all of a called 1.239 acre tract of land described in the Deed to 78/HOOPER LTD. recorded in Instrument No. 20211109002298480, Official Public Records, Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" iron rod found in the east line of Anson Parkway (a called 60-foot right-of- way) for the southwest corner of said 22.7325 acre tract and the northwest corner of Lot 1, Block A of Cimarron Estates Phase II, an addition to the City of Wylie, Texas, according to the plat thereof recorded in Volume 0, Page 362, Official Public Records, Collin County, Texas; THENCE with said east right-of-way line, North 00°52'44" East, a distance of 573.60 feet to a 3- 1/4" aluminum disk stamped "TEXAS DEPARTMENT OF TRANSPORTATION ROW MONUMENT"found at the intersection of said east right-of-way line of Anson Parkway and the south right-of-way line of State Highway No. 78. (a variable width right-of-way), at the beginning of a non-tangent curve to the left with a radius of 5,797.42 feet, a central angle of 05°36'42", and a chord bearing and distance of North 84°53'06" East, 567.59 feet; THENCE with said south right-of-way line of State Highway No. 78, the following courses and distances: In a northeasterly direction, with said non-tangent curve to the left, an arc distance of 567.81 feet to a 5/8" iron rod found for corner; South 89°05'13" East, a distance of 443.19 feet to a 1/2" iron rod found for corner at the beginning of a non-tangent curve to the right with a radius of 1,195.96 feet, a central angle of 07°06'01", and a chord bearing and distance of North 42°34'55" East, 148.11 feet; In a northeasterly direction, with said non-tangent curve to the right, an arc distance of 148.20 feet to a 1/2" iron rod found for corner at the beginning of a non-tangent curve to the left with a radius of 5,797.08 feet, a central angle of 02°50'34", and a chord bearing and distance of North 75°00'40" East, 287.60 feet; In a northeasterly direction, with said non-tangent curve to the left, an arc distance of 287.63 feet to a Mag nail with washer stamped "KHA" set at the intersection of said south right-of-way line of State Highway No. 78 and the west right-of-way line of Wylie East Drive (a 100-foot wide right-of-way); THENCE with said west right-of-way line of Wylie East Drive, the following courses and distances: South 16°43'44" East, a distance of 11.77 feet to a 5/8" iron rod with red plastic cap stamped "KHA" set for corner at the beginning of a tangent curve to the right with a radius of 1,900.00 feet, a central angle of 17°39'04", and a chord bearing and distance of South 07°54'12" East, 583.02 feet; In a southeasterly direction, with said tangent curve to the right, an arc distance of 585.33 feet to a 5/8" iron rod with red plastic cap stamped 'WAI 5714"found for corner; South 00°58'51"West, a distance of 234.42 feet to a 5/8" iron rod with red cap stamped "WAI 5714"found for the southeast corner of said 22.7325 acre tract and the northeast corner of Lot 22, Block A of said Cimarron Estates Phase II; THENCE with the common line of said 22.7325 acre tract and said Cimarron Estates Phase II, North 89°07'16"West, a distance of 1,475.01 feet to the POINT OF BEGINNING and containing a computed area of 960,575 square feet or 22.052 acres of land. EXHIBIT B ZONING EXHIBITS a so .R. — a ® m '3 �_s t GJ ... 3 etniMall , .,, --—'-- (`--"--\ i E 'i RIMMED 9o,os< - - - c., j '- 1 to :' ..'.. .o."" 7, e k RIM 4 5tg..... , , , t....t_ --,,,,- a� ,,„, 1 1 .,,...,,....... ' e Ir m mw FV ,- WU r 7 I I I 1 n `�; Ili 11 I— I III-117'1 1 rn ,. _ W re MODaER LTD i ; i % APPLICANT 1 . LOVETT MURRILL-CQBV EVEfETT '�vnVs 9m WSNNDTDR•VE,SUITE i!��.t; : } sr HOUSTON TX TTmT 11 L 16 � . fic L DO3I EVERETQLOETTReQIRRIAL CON w li . ,A, a _ . - _ MOPE. H 'I ' DELNI RD MO wuau TOILERS SUITE 1i #` L t n�uwsTsa 19 ) # T i � of , arm tuna .. SP EXHIBIT "C" CONDITIONS FOR PLANNED DEVELOPMENT 2022-PD-CI I. PURPOSE: This Planned Development District shall be established to provide warehousing, light industrial, light manufacturing, and commercial uses to support economic growth within the region. II. GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. The development shall be in general conformance with Exhibit "B" (Zoning Exhibit) and Exhibit"C" (Development Schedule). III.SPECIAL CONDITIONS: 1. The following uses as defined in the April 2021 Comprehensive Zoning Ordinance shall be expressly permitted on Lot 1 the subject property: a. Industrial (Inside) b. Office Showroom/Warehouse c. Light Assembly& Fabrication d. Warehouse/Distribution Center 2. The following uses as defined in the April 2021 Comprehensive Zoning Ordinance shall be expressly permitted on the subject property, but limited to the Proposed Retail Pad sites, as shown on the Zoning Exhibit: a. Other uses currently permitted by right under Corridor Commercial District zoning b. Accessory uses to III.2.a-c 3. All other uses shall only be allowed by Special Use Permit on the subject property. 4. All commercial vehicles that utilize the site shall have access to Anson Parkway as generally depicted on the Zoning Exhibit. 5. Design criteria shall be in conformance with Commercial Corridor Architectural Design Requirements of the April 2021 zoning ordinance. 6. All fixed lighting, interior and exterior shall be Light Emitting Diode (LED). 7. Prior to development, approved plats and site plans shall be required. 8. The entire subject property shall be in conformance with all regulations of the Commercial Corridor Zoning District set forth in, Section 4.3, and Section 5.2 of the current Zoning Ordinance in every respect with exception to the uses indicated in Section III.1, III.2, and III.3 above, and Section III.10 below. 9. For Lot 1 (Industrial) only all regulations of Section 4.3 (Design Standards), Figures 4-7, 4-8, and 4-9 and their associated definitions set forth in the Comprehensive Zoning Ordinance (adopted as of April 2021) are hereby replaced with the following: Figure 4-7 Site Design Requirements ELEMENT BASE STANDARD (All Development Must Comply Fully with All Listed Below) Building Placement 1. Entrances and/or facades oriented to the street Parking Placement 1. Parking spaces at least 25' from residential lot line 2. Pedestrian parking ratio of 1 per 2,000 GFA (gross floor area) Access Drives 1. Minimum width drive of 24', turning radius of 28' 2. Access drive at least 150' from intersection 3. Landscaped treatments of entrances Location of Service and Loading Areas 1. Shall be individually screened from view from a public street. Screening will be achieved by a combination of landscaping, berms, wing walls and building orientation as illustrated in the Zoning Exhibits. Figure 4-8 Landscaping Design Requirements ELEMENT BASE STANDARD (All Development Must Comply Fully with All Listed Below) Site wide landscaping 1. All landscape plantings excepting those immediately adjacent to structures shall be native to Texas and drought resistant species to the extent possible. Landscaping of Parking Lots 1. Site plans requiring more than 12 spaces required to have 50 sq.ft. of landscaping per space. 2. No parking space further than 60' from landscaped area on site. 3. Parking rows 20 spaces or longer shall have landscaped island at the end. 4. All parking rows shall have landscaped areas at least every 20 spaces. Visual Screening 1. Required screening in strip at least 5' wide, plants 3' in height when planted, included one flowering tree every 50 linear feet of area. This requirement will apply only to loading areas within the development. 2. Required screening along the southern boundary of the property includes a wall, utilizing complementary materials and elements, and landscaping, as shown on the Zoning Exhibits. Trees and shrubs shall be planted along the entirety of the southern lot line as generally depicted on the Zoning Exhibit. Trees shall be a minimum of 10' tall at planting with an expected growth to a minimum of 30'. Trees shall be spaced no more than 40' on-center to maximize screening to the adjacent property owners and minimize overgrowth into those same properties. Landscaping of Street Frontages 1. At least 50%of required front yard developed as landscaped buffer, at least 10' in width. 2. Trees required in buffer, in groves or belts on 30-40' spacing. 3. Required trees at least 3" in caliper. 4. At least 5' concrete walkway on perimeter when adjacent to thoroughfare. Figure 4-9 Architectural Design Requirements ELEMENT BASE STANDARD (All Development Must Comply Fully with All Listed Below) Building Materials 1. Allowed uses from Section III.2 shall have buildings constructed of masonry product with at least 20% stone on front façade. Tilt wall construction shall be permissible for Buildings on Lot 1. 2. Roofs with pitch greater than 2:12 use specified roofing materials. 3. Buildings shall provide consistent architectural styles and details, design themes, building materials, and colors throughout the development. Building Articulation,Form and Massing 1. Walls not to exceed a height width ratio of 1 to 2 with variation in massing of facade. At least 20%of facade offset at least 4'. 2. Entrances must be emphasized with architectural elements. 3. Ground floor facades require specified features along 60%of length. 10. All regulations of the Commercial Corridor District(CC) set forth in Article 4, Section 4.1, 2 of the Comprehensive Zoning Ordinance (adopted as of April 2021) are hereby replaced with the following: Figure 4-3—Commercial Corridor(CC) Height Height of Main Structure(feet) 45 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) 10 Building Coverage 50% Buffering and Screening Service and Loading Areas Shall be individually screened from view from a public street. Screening will be achieved by a combination of landscaping,wing walls,berms and building ation as illustrated in the Zoning Exhibits. CSDle ajarmt'rsUille Eunce • Murphy Monitor • The Princeton Herald • 74-Sa.h.k News • THE WYLIE NEWS media STATE OF TEXAS COUNTY OF COLLIN 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—Ordinances No. 2022-32, 2022-33,2022-34 and 2022-35 was published in said newspaper on the following date(s),to-wit: May 4, 2022 Cjilliti Chad Engbrock, Publisher Subscribed and sworn before me on this, the 5th day of May, 2022, to certify which witness my hand and seal of office. Notary ublic 'n for ' The State of lei o� SONIA A DUGGAN o`%`(1, Notary ID#126646343 sit^�, My Commission Expires My commission expires 08/12/2024. r, �4_4, August 12,2024 lurphy;Sachse'Wylie Office• 110 N.Ballard•Y.O.Box 369•Wylie.TX 75098.972-442-5515 Fanncrsvilk:!Princcton(Alice• 101 S.Main•P.O.lion 312•Ittrmersvillc.'I\75442•972-784-6397 Ordinance No.2022-35 An Ordinance Of The City Council Of The City Of Wylie, Texas, Amending Wylie's Code Of Ordinances, Ordinance No. 2021- 17, As Amended, Chapter 82 (Peddlers And Solicitors),By Re- CITY OF WYLIE 1 Pealing Or Amending I Sections 82-1 Defini- Ortfterkee Ordinance, Ord No.1622-34 tions,By Repealing Or No ZQ 2.32 No.2022-33 Amending 82-2 (Un- An O.di as `The lawful Solicitation And An Ordinance Of The An Ordinance Of The Handbill Distribution), City Of Wylie, Texas, ounce f The 82-3 (Supervision Of City Of Wylie, Texas, City Of Wylie, Texas, Amending The Com- Child Solicitors), 82-4 Amending 'The Com- Amending Ordinance prehensive Zoning Or- prehensive Zoning Or- No. 2015-09 Of The (Permit Or Certificate dinance Of The City dinance Of The City City Of Wylie (The Of Registration— Of Wylie, As Hereto- Of Wylie, As Hereto- Zoning Ordinance, As Grounds For Denial fore Amended, So As fore Amended So As Amended), Article 6, +6 ncatioith 82 To Change'The Zon- To Change The. Zon- Section 6.3, Down- (fie—Appeal From ing On The Hereinafter ing On The Hereinafter town Historic°District; Denial Or Revocation), Described Property, Described $2-31 (Exceptions To Zoning Case Number Zoning Amending. Certain Article), 82-32 (Regis- Zoning Case Numbs Regulations;Providing 2022-03, From Com- 2Q2244 raffi ,, ,�- tration Statement),82- mercial Corridor Des ` """ " A Penalty.Clause'Sav- 33 (Registration Fee), mercial Corridor (C )`' Ljq,ge, trict (Cc) To Commer- 82-34 (Certificate Of To Planned Develop- cial Corridor - Special went - Commercial Severability Clause Registration Issuance, Use Permit (Cc-Sup), Industrial (Pd-Ci), lb And Effective Duration ation And Form), To Allow For Com- Allow For Induatriid Date; And Providing 82-35(Solicitor's Iden- mercial Development And Commet The Publication Of lineation),82-36(pub_ Of A Restaurant With : velopment; Proved- The Caption Hereof. Disclosure), 82.7 A Drive-Thru; Provid- ing For A Penalty For (Exhibiting Card Pm- ing For A Penalty For The Violation Of This hibiting Solicitors And Handbill Distributors), The Violation Of This Ordinit ; Providing $2-71. (Exceptions To a , a : ace, Providing ForThe Repeal Of All Arliticle), 82-72 For The Repeal Of All Ordinances In Conflict; pArcation For P Ordinances In Conflict; Providing A Severabil- 82-73 (Permit Fee)Providing A Severabil- ity Clause; And Pro ), ity Clause; And Pro- viding For An Effec- 82-74 (Exemptions viding For An Effec- tine Date. Permit Fee), 82- five Date. e `lce; Duration And Form), 82-76 (Solicitor's And Handbill Distributor's Information), And 82- 77(Public Disclosure); Providing A Savings/ Repealing Clause, Severability' Clause, Penalty.. .Clause And An Effective Date; And Providing For The Publication Of The Caption Hereof. Iot-it_166 j