Loading...
Ordinance 2020-27ORDINANCE NO. 2020-27 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 2020-03, FROM AGRICULTURAL (AG), LIGHT INDUSTRIAL (LI), AND MULTIFAMILY (MF) TO PLANNED DEVELOPMENT (PD), TO ALLOW FOR A MIXED USE MASTER PLANNED COMMUNITY; 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), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That Planned Development Conditions and a Zoning Exhibit 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. Ordinance No. 2020-27 - zoning case number 2020-03, from agricultural (ag), light industrial (li), and multifamily (mf) to planned development (pd), to allow for a mixed use master planned community 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. 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 14th day of April, 2020. ATTEST: S0Stephanie Storm, City Secretary DATE OF PUBLICATION: April 22, 2020, in the Wylie News. Ordinance No. 2020-27 - zoning case number 2020-03, from agricultural (ag), light industrial (li), and multifamily (mf) to planned development (pd), to allow for a mixed use master planned community EXHIBIT Al — LEGAL DESCRIPTION OF TRACT 1 SITUATED in the State of Texas and the County of Collin, being part of the R. D. NEWMAN SURVEY, Abstract No. 660, being part of a called 4.95 acre tract of land conveyed to All East Inc. by deed recorded in Document No. 92-0081176 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod capped "Roome" set for corner in the existing southeast right-of-way line of State Highway 78, in the southwest line of said 4.95 acre tract and marking the northwest corner of Tract 2 of Woodbridge Villas, an addition to the City of Sachse, Collin County, Texas, according to the plat thereof recorded in Volume P, Page 933 of the Plat Records of Collin County, Texas; THENCE with said southeast right-of-way line and crossing said 4.95 acre tract, North 52° 18' 37" East, 673.36 feet to a 1/2 inch iron rod capped "Roome" set line of said 4.95 acre tract and marking the northwest corner of the remainder of a called 7.062 acre tract of land conveyed to T. S. Miller, Ltd. by deed recorded in Volume 4418, Page 1494 of the Deed Records of Collin County, Texas; THENCE with the west line of said Miller tract and the east line of said 4.95 acre tract, South 20° 08' 57" East, 517.58 feet to a point for corner in the north line of the remainder of a called 83.2736 acre tract of land conveyed to WGC Properties, LLC by deed recorded in Volume 4110, Page 1774 of the Deed Records of Collin County, Tex southwest corner of said Miller tract and the southeast corner of said 4.95 acre tract, from which an old wood fence post found for reference bears South 20° 08' 57" East, 0.59 feet; THENCE with the north line of said WGC Properties tract, the north line of said Tract 2 and the south line of said 4.95-acre tract, North 88°51'27" West, 185.63 feet to a 1/2-inch iron rod capped "Roome" set for corner; THENCE with the north line of said Tract 2 and the south line of said 4.95-acre tract as follows: North 86° 39' 56" West, 117.57 feet to a 1/2-inch iron rod capped "Roome" set for corner; North 87° 36' 56" West, 315.06 feet to a 1/2-inch iron rod capped "Roome" set for corner; and North 61° 33' 29" West, 106.20 feet to the point of Beginning and containing 4.165 acres of land, more or less. Development Agreement — The District Page 11 of 15 23910108v.1 EXHIBIT A2 — LEGAL DESCRIPTION OF TRACTS 2 & 3 Tract 2 Legal Description Situated in Collin County, Texas, and BEING a tract out of the RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660 and being part of a 9.70 acre tract as described in a Deed from J. R. Beck et ux to R. S. Williams, dated 10-20-1910, recorded in Volume 165, Page 430 of the Collin County Deed Records, and being part of a 17.062 acre tract of land and being more particularly described as follows: BEGINNING at the Southwest corner of said 19.70 acre tract, said comer being the Southwest corner of said 17.062 acre tract; THENCE North 20 deg. 28 min. West with fence line and with the Southwest line of said 19.70 acre tract and said 17.062 acre tract, 562.60 feet to a stake for comer set in the Southeast ROW line of State Highway No. 78; THENCE North 52 deg. 16 min. East with the Southeast ROW line of State Highway No. 78, and the Northwest line of said 17.062 acre tract, 463.80 feet to a stake for corner; (continued next page) Development Agreement — The District Page 12 of 15 23910108v.1 THENCE South 18 deg. 29 min. East across said 19.70 acre tract and across said 17.062 acrf tract, 874.80 feet to stake for corner; THENCE North 87 deg. 36 min. West with fence line and with the South line of said 19.70 acre tract and said 17.062 acre tract, 447.90 feet to the PLACE OF BEGINNING and contniuinE 7.062 acres of land, more or less. SAVE & EXCEPT: Being that parcel conveyed by Judgment recorded in Volume 4418, Page 1353, Real Records of Collin County, Texas, and being more particularly described as follows: BEING 18,029 square feet or 0.4139 acres of land, more or less, situated in the City of Wylie and in the R.D. Newman Survey, Abstract Number 660, Collin County, Texas, and being a part of the land conveyed to Troy J. Miller by deed as recorded in Volume 1719, Page 301, Deed Records of Collin County, Texas; said 18,029 square feet or 0.4139 acres of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod being the southeast corner of a tract of land conveyed to Leon Jackson Robinson and wife, Belva Jo Robinson by deed as recorded in Volume 1150, Page 200, Deed Records of Collin County, Texas, and the southwest corner of a tract of land conveyed to Robert Bair by deed as recorded in Volume 887, Page 705, Deed Records of Collin County, Texas; THENCE North 19 degrees 34 minutes 18 seconds West along the common property line of said Robinson tract of land and said Bair tract of land for a distance of 1,004.23 feet to a point in the new southern right of way line of State Highway 78; THENCE South 52 degrees 19 minutes 07 seconds West along said new southern right of way line for a distance of 230.77 feet to an iron rod set in the common property line of said Robinson tract of land and said Miller tract of land, said iron rod set being the POINT OF BEGINNING; THENCE continuing along said new southern right of way line as follows: (1) South 52 degrees 19 minutes 07 seconds West for a distance of 251.04 feet to a P.K. Nail set at an angle point; (2) South 46 degrees 36 minutes 12 seconds West for a distance of 100.50 feet to a P.K. Nail set at an angle point; (3) South 52 degrees 18 minutes 50 seconds West for a distance of 114.49 feet to an iron rod set in the common property line of said Miller tract of land and a tract of land conveyed to Homer E. Minyard and wife, Billie Jean Minyard by deed as recorded in Volume 2424, Page 17, Deed Records of Collin County, Texas; (4) THENCE North 20 degrees 25 minutes 18 seconds West along said common property line for a distance of 47.54 feet to the northeast corner of said Minyard tract of land and the northwest comer of said Miller tract of land, in the existing southern right of way line of State Highway 78; (continued next page) Development Agreement — The District Page 13 of 15 23910108v.1 (5) THENCE North 52 degrees 18 minutes 42 seconds East along said existing southern right of way line for a distance of 463.80 feet to the northeast comer of said Miller tract of land and the northwest corner of said Robinson tract of land; (6) THENCE South 18 degrees 26 minutes 18 seconds East along the common property line of said Miller tract of land and said Robinson tract of land for a distance of 37.53 feet to the POINT OF BEGINNING, and containing an area of 18,029 square feet or 0.4139 acres of land, more or less. Tract 3 Legal Description ABS A0660 R D NEWMAN SURVEY, TRACT 11, 4.8125 ACRES ABST/SUB ID A0660 Collin County TX BEING a 4.83 acre tract of land situated in the Richard D. Newman Survey, Abstract No. 660, Collin County, Texas and being a portion of a tract of land described in deed to AUSTIN WYLIE REALTY, LTD., recorded in Document Number (Doc. No.) 97-0078085 of the Deed Records of Collin County, Texas (D.R.C.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod with cap stamped "ROOMS" found at the West corner of a tract of land described in deed to Serene District Townhomes LLC, recorded in Doc. No. 20180525000643000 D.R.C.C.T., the common Northwest corner of WOODBRIDGE VILLAS, recorded in Slide 8591 of the Plat Records of Collin County, Texas (P.R.C.C.T.) and in the Southwest Right -of -Way (R.O.W.) line of State Highway No. 78 (variable width R.O.W.); THENCE N 51°24'12" E with the Southwest R.O.W. line of said State Highway No. 78, a distance of 1132.84 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set in the West line of said AUSTIN WYLIE REALTY, LTD tract, the common East line of a tract of land described in deed to T.S. Miller, LTD., recorded in Doc. No. 99- 0061615 D.R.C.C.T. and at the POINT OF BEGINNING; THENCE N 51°37'59" E, over and across said AUSTIN WYLIE REALTY, LTD tract, with the Southwest line of a "Save and Except", recorded with said AUS 11N WYLIE REALTY, LTD deed in Doc. No. 97-0078085, same being the Southwest R.O.W. line of said State Highway No. 78, a distance of 231.65 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set in the East line of said AUSTIN WYLIE REALTY, LTD tract and at the Northwest corner of a tract of land describe in deed to GREENWOOD JV, LTD, recorded in Volume 5995, Page 4195 D.R.C.C.T.; THENCE S 20°15'27" E, with the East line of said AUS I iN WYLIE REALTY, LTD tract and the common West line of said GREENWOOD JV, LTD tract, a distance of 1004.20 feet to a 1/2" iron rod found at the Southwest corner of said AUSTIN WYLIE REALTY, LTD tract, the common Southeast corner of said GREENWOOD JV, LTD tract and in the North line of WOODBRIDGE GOLF CLUB, recorded in Slide 4157 P.R.C.C.T.; THENCE N 88°14'27" W, with the south line of said AUSTIN WYLIE REALTY, LTD tract and the common North line of said WOODBRIDGE GOLF CLUB, a distance of 255.34 feet to a 1/2" iron rod found at the Southwest corner of said AUSTIN WYLIE REALTY, LTD tract and the common Southeast corner of said T.S. Miller, LTD tract; THENCE N 19°07'27" W, with the West line of said AUS I IN WYLIE REALTY, LTD tract and the common East line of said T.S. Miller, LTD tract, a distance of 836.64 feet to the POINT OF BEGINNING and containing 4.83 acres of land more or less. Development Agreement — The District Page 14 of 15 23910108v.1 EXHIBIT A3 — COMBINED LEGAL DESCRIPTION OF TRACTS 4 & 5 SITUATED in the State of Texas and the County of Collin, being part of the RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660, being all of a tract of land conveyed to Michael David Morris by deed recorded in County Clerk's File No. 99- 0008047 of the Deed Records of Collin County, Texas, and these premises being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in the South right-of-way line of South State Highway No. 78, marking the Northeast comer of a tract of land conveyed to Austin Wylie Realty, Ltd., by deed recorded in County Clerk's File No. 97-0078085 of the Deed Records of Collin County, Texas and the Northwest comer of said premises; THENCE with said South right-of-way line and the North line of said premises, North 52 degrees 16 minutes 25 seconds East, 270.83 feet to a 1/2 inch iron rod set marking the Northwest comer of a tract of land conveyed to Larry Van Nelson and Polly H. Nelson by deed recorded in County Clerk's File No. 94-0066961 of the Deed Records of Collin County, Texas and the Northeast comer of said premises; THENCE with the West line of said Nelson tract and the East line of said premises as follows: South 20 degrees 51 minutes 00 seconds East, 478.43 feet to a 1/2 inch iron rod set; South 47 degrees 06 minutes 00 seconds East, 38.70 feet to a 1/2 inch iron rod set; South 21 degrees 04 minutes 00 seconds West, 115.60 feet to a 1/2 inch iron rod set; South 00 degrees 42 minutes 00 seconds East, 402.00 feet to a 1/2 inch iron rod set; South 03 degrees 57 minutes 00 seconds East, 130.40 feet to a 1/2 inch iron rod set in the North line of a tract of land conveyed to WGC Properties, LLC by deed recorded in County Clerk's File No. 98- 0017594 of the Deed Records of Collin County, Texas, marking the Southwest comer of said Nelson tract and the Southeast comer of said Premises; THENCE with the North line of said WGC Properties, LLC tract and the South line of said premises, North 87 degrees 36 minutes 00 seconds West, 48.19 feet to a 1/2 inch iron rod set marking the Southeast comer of said Austin Wylie Realty, Ltd. tract and the Southwest comer of said premises; THENCE with the East line of said Austin Wylie Realty, Ltd. tract and the West line of said premises, North 19 degrees 37 minutes 00 seconds West, 1003.91 feet to the POINT OF BEGINNING and containing 4.79 acres of land, more or less. Development Agreement — The District Page 15 of 15 23910108v.1 Planned Development District Development Standards (Zoning Case 2020-03) 1.0 Purpose: The purpose of this Planned Development is to provide the appropriate development standards and controls to allow a residential development on Tract 1 and a mixed -use development on Tracts 2-5, in line with the approved Development Agreement and shown in the included Zoning Exhibits. Unless expressly stated otherwise within this Planned Development, Development Agreement, or Annexation Services agreement, or their exhibits, all development shall be subject to all applicable Zoning and City Ordinances and/or design standards. 1.1 Development Schedule: The owner of Tracts 2 & 3 and the owner of Tracts 4 & 5 shall complete or cause completion of construction of at least Forty -Thousand (40,000) square feet of commercial/retail/office/residential space (of which no less than 20,000 square feet of commercial/retail space and no less than 10,000 square feet of office space), and all necessary infrastructure, on any of Tracts 2, 3, 4, or 5 and obtain from the City of Wylie all corresponding certificates of occupancy prior to receiving final inspections or certificates of occupancy for any building on Tract 1. Necessary infrastructure shall include, but may not be limited to; required utilities, access drives, fire lanes, parking, landscaping, signage, and a completed perimeter sidewalk, including a pedestrian bridge per Zoning Exhibits A and D, along State Highway 78. The development schedule shall generally adhere to the schedule provided as Exhibit B. The applicable sections of the Texas Local Government Code and other Texas State law shall govern the expiration of plats, plans, or inactive permits. 2.0 Residential Townhome Standards: Unless included herein (Section 2 and 3) or attached zoning exhibit, Tract 1 design standards shall follow the requirements of Article 3, Residential District Regulations, and Figure 3-5 (Townhouse District) of the September 2019 City of Wylie Zoning Ordinance. Figure 2-1 Tract 1 4.16 Acres Townhomes Lot size Min of 1,495 SF on Rear Entry Units, 1,875 SF on Front Entry Lot Width 23' Lot Depth 66' Corner Lot 15' Minimum Rear Yard 10' Minimum Front Yard 11' Building Articulation 15%, 1' Floor: 25% Max Max. Roof Pitch 6:12 Repetition of Floor Plan 14 same sides with color variation Minimum Dwelling Area 1,403 square feet excludes garage 3.0 Residential Townhome Standards: 3.1 Allowed Uses: a. The only allowed uses, as defined in the September 2019 City of Wylie Zoning Ordinance, on Tract 1 are: i. Single Family Dwelling, Attached ii. Community Park (Public) iii. Neighborhood Park or Playground iv. By Special Use Permit — any use required by local, state, or federal law. 3.2 Site Plans and Plats a. Upon approval of zoning, the developer will submit a plat for the property in accordance with the City of Wylie's Subdivision Regulations. b. A landscape plan shall be provided in conjunction with the preliminary plat. The landscape plan shall require City approval including open space approval by the City of Wylie Park Board.. The plan shall comprehensively address edge treatments, perimeter screening, and individual townhouse landscape design. The Developer shall coordinate with the City on the selection of type, style location, and size of all landscape improvements, including but not limited to plants, trees, mulch, irrigation, and benches. c. Concurrent with the above submittals for Tract 1, the developer shall submit a preliminary plat and site plan, in accordance with the City of Wylie's Zoning Ordinance, for such lots on Tracts 2, 3, 4, and/or 5 that meet the requirements of Section 1.1 of this Exhibit. 3.3 Architectural Design Standards Tract 1: a. All townhome units in Tract 1 shall have 100 percent of each facade comprised of masonry and shall conform to the exterior design appearance of Exhibit E. b. Masonry shall include brick, stone or masonry stucco. c. EIFS may be used as an accent material and comprise no more than 15 percent of any facade. d. Roofing Materials shall be architectural grade overlap architectural shingles, metal, or composite Spanish roof tile and other roof appearances shall be painted to match the color of the roof. 3.4 The maximum number of townhomes in The District Townhome Community (Tract 1) shall be 34 Townhomes or approximately 8.2 Townhomes per gross acre. 3.5 A masonry and wrought iron perimeter screen shall be provided along the property adjacent to State Highway 78 as generally shown on Exhibit F. 3.6 Entry Features: Architectural features shall be stone, brick, and wrought iron screening wall monuments. 3.7 Signage at Community Entrance: Illuminated community identification shall be incorporated into a stone screening wall or monument at the Community entrance. The sign shall be illuminated by means other than streetlights. Landscaping and upright towers for the Community entrance signage shall be constructed to generally conform to those shown in Exhibit F. 3.8 Sidewalk Locations: Five-foot sidewalks shall be provided within the property. Primary walkway paving shall be enhanced using earth -tone colored concrete (stain mixed, not applied after), stamped/pattern concrete, aggregate or brick/paver stone at a minimum of 7.5 feet every 75 feet. 3.9 Sidewalk Lighting: Decorative street pole lighting shall be provided throughout the Community. The Developer shall pay for the installation including electrical connections. Operation and maintenance shall transfer to the HOA thereafter. 3.10 Mailboxes: Shall be located in a dedicated area as required by the United States Postal Service. Mailboxes shall be of a uniform style selected by the Developer and shall be stylistically consistent with the The District Townhomes Community. 3.11 A minimum of 15% of the land within the District Townhome shall be used as Open Space as shown on Exhibit A. a. The swimming pool/grill open space area will be owned and maintained by the homeowners' association (the HOA). b. All open spaces within the Community with the exception of the swimming pool area shall be accessible to the public. 3.12 Public open spaces shall be dedicated by plat to the City of Wylie in accordance with City's Subdivision Regulations. 3.13 Maintenance of the Open Space Area: Maintenance of the open space area will be the responsibility of the Developer until it is turned over to the Homeowners Association (HOA). Developer will be the contact entity with the City for all concerns regarding the maintenance of open space until 100% of HOA control is turned over to the homeowners. A. Developer/HOA typical maintenance and responsibilities of amenities include but are not limited to: a. Clean up and litter removal. b. Landscaping installation, care, and maintenance. c. Trimming, clearing, and removal of unwanted vegetation as determined by the City Parks Department or Code Enforcement. d. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 3.14 Water and sanitary sewer will be extended by the Developer to the site, per the Annexation Services Agreement (City of Wylie Ordinance 2020-17) and to Texas Department of Transportation and/or City of Wylie standards. 3.15 Minimum drive concrete pavement specifications shall be: six (6") inches of concrete, 3,600 psi, with # 3 rebar at 1 8-inch center to center, except in required fire lanes which shall be built to fire code or city engineering standards. 3.16 Exteriors shall have contrasting colors to achieve an architecturally enhanced appearance. Trim shall be painted one color and a side surface and garage doors shall be painted or stained a second color. 3.17 Roof pitches shall be a maximum of 6:12 for main gables and hips. Dormer roofs and roofs over porches may have a lesser pitch. 3.18 Roofing materials shall be architectural grade overlap architectural shingles, metal, or composite Spanish roof tile and other roof appearances shall match the color of the roof. 3.19 Garage doors shall be carriage style in appearance. This requirement shall be accomplished with the following: a. Garage door panels shall be wood clad or have the appearance of wood. b. Decorative hardware shall be attached to the garage doors. Such hardware shall include handles and hinges in a complementary color. 3.20 Landscaping: Sodded front yards must be provided with a minimum of one - three-inch caliper trees. Landscaping shall also be provided along the primary walkway to any home. When automated, subsurface irrigation systems are provided, rain sensors shall be installed and operational. 3.21 Energy: All homes shall comply with the then -current ICC Energy Code adopted by the City (including all local amendments). 3.22 Lighting: a. Entrances to homes and garage doors shall be illuminated. b. Lighted house number plaques shall be provided on the front of all homes. c. The color and shape of lighting hardware must be compatible with other building hardware. d. Lighting must be uniformly spaced. e. Lighting must be integrated with other accents and reveals. f. Specialty lighting shall be coordinated with predominate architectural features. g. Lighting fixtures along rights -of -way must be spaced to avoid conflicts with tree plantings. The heights of lighting fixtures must also avoid conflicts with tree plantings. 4.0 Commercial Design Standards - Unless included herein (Section 4 and 5) or attached zoning exhibit, Tracts 2-5 design standards shall follow the requirements of Article 4 (Non -Residential District Regulations), Figure 4-2 (Community Retail District), and Article 5 (regarding allowed uses and required parking) of the September 2019 City of Wylie Zoning Ordinance. Figure 4-1 Tract 2,3,4, and 5—16.2405 Acres Mixed Use Item Requirement Max Height 60' Number of Stories 4 Lot Coverage Cumulative coverage of all lots not to exceed 50% Multifamily Dwelling 150 units maximum not to exceed 46 units / Per Gross Acre Multifamily Building separation between detached buildings (feet) Space Allowed 20' Parking 15% Reduction per use due to nature of mixed -use Access Drive Per Fire Code Drive Thru Speaker May have drive through speaker within 75'of residential use Landscape/ Parking Maximum of 20 parking spaces per landscaped isle Landscape Cumulative minimum 22% landscape coverage (excluding Maxwell Creek green space measured between the retaining walls) Signage Bases maximum width: 17' X8" Overall maximum width: 60' .11 " (See Exhibit G) 5.0 Commercial Retail Standards: 5.1 Allowed Uses: a. All uses listed in the Community Retail Zoning District as by -right uses, as defined in the September 2019 City of Wylie Zoning Ordinance, are allowed on Tracts 2,3,4, and 5 except: i. Commercial Greenhouse ii. Hospital iii. Financial Institution, Alternative iv. Automobile Rental b. All the uses listed below are included as allowed by -right uses: i. School, Business ii. School, Technical or Trade iii. Used Merchandise/Resale Shop/Consignment/Thrift Store iv. Printing and Publishing v. Office Showroom/Warehouse c. All other proposed uses are strictly prohibited without the approval of a Special Use Permit, unless required by local, state, or federal law. 5.2 Site Plans and Plats a. Upon approval of zoning, the developer will submit plats for the property(ies) in accordance with the City of Wylie's Subdivision Regulations. b. Concurrent with preliminary plat submittal, the developer shall submit a site plan, in accordance with the City of Wylie's Zoning Ordinance, for such lots that meet the requirements of Section 1.1 of this Exhibit. 5.3 Architectural Design Standards Tracts 2,3,4 & 5 a. Primary front facade materials shall be a minimum of 80 percent masonry product with at least 20 percent stone on the front facade. b. Approved primary masonry materials include, brick, stone, masonry stucco, or decorative concrete. c. Up to 20 percent of the front facades may be stucco with decorative accents such as cementitious fiberboard and metal trims. d. The remaining three facades shall be a minimum of 60 percent brick or stone, and up to 40 percent may be stucco with decorative accents such as cementitious fiberboard and metal trims. e. EIFS shall not be considered acceptable primary exterior material but shall be accepted when applied as accent or architectural features and shall not exceed 15% of any facade face. f. To achieve facade articulation, visual variety and/or architectural detailing buildings shall use two complementary primary facade materials. g. Composite Spanish roof tile with a 30 to 50-year warranty must be used on visible roofing, or a similar product. h. The exterior design appearance of all buildings in Tracts 2,3,4 & 5 shall conform to the appearance of Exhibit C. 5.4 The Development will be a private development with public access with Property Owners Association maintained improvements and floodplain. 5.5 Public open spaces shall be dedicated by plat to the City of Wylie in accordance with City's Subdivision Regulations. 5.6 Maintenance of the Open Space Areas a. Maintenance of the open space areas will be the responsibility of the Developer until it is turned over to a Property Owners Association (POA). b. Developer/POA maintenance and responsibilities of open space and/or amenities include: i. Clean up and litter removal. ii. Landscaping installation, care, and maintenance. iii. Trimming, clearing, and removal of unwanted vegetation as determined by the City Parks Department or Code Enforcement. iv. Maintain irrigation system, pay for the water used in the system and test all backflow devices annually as per City requirements. 5.7 Parking: a. Due to the mixed -use and interconnected nature of the development, parking shall be shared across Tracts 2 & 3 and Tracts 4 &5. per Exhibit D. b. Parking will be provided per use at a 15% reduction from typical requirements as provided in the City of Wylie Zoning Ordinance. c. At no time will temporary parking be allowed in any uncompleted area of the development. There shall be adequate required permanent concrete parking for each use before a certificate of occupancy is issued, in the case a single use and tenant occupies an entire building, or before a building permit for `finish out' is issued in the case of a multi -use / tenant shell building. 5.8 Lighting: a. The color and shape of lighting hardware must be compatible with other building hardware. b. Lighting must be uniformly spaced. c. Lighting must be integrated with other accents and reveals. d. Specialty lighting shall be coordinated with predominate architectural features. e. Decorative lighting and sconces shall be provided at all main entrances. f. Lighting fixtures along rights -of -way must be spaced to avoid conflicts with tree plantings. The heights of lighting fixtures must also avoid conflicts with tree plantings. 5.9 Signage at Community Entrance: Illuminated community identification shall be incorporated into a stone screening wall or monument located at the Community entrance. The sign shall be illuminated by means other than streetlights. Subject to visibility triangle standards. Shown on Exhibit G. 5.10 Roofing: a. A minimum variable roof pitch of inch to 12 inches and/or a flat TPO must be used. b. Composite Spanish roof tile with a 30 to 50-year warranty must be used on visible roofing. c. Building roof types, forms, and elements should provide variation and interest in building profiles and contribute to the architectural identity of the buildings without creating an imposing scale on adjacent uses. 5.11 Five-foot sidewalks shall be provided within and throughout the property. 5.12 Landscaping: Trees and specimens should be planted to coincide with the overall style and quality of the development project. a. Ground -level utility connections and mechanical equipment must be completely screened with walls and landscape material which are compatible with the overall building and landscape design. b. Shall be provided close to the building to emphasize the pedestrian scale. 5.13 Energy Conservation: a. Energy- efficient architectural lighting must be used. b. LED lighting must be used for street lighting. c. An HVAC of 18 to 23 SEER must be used. d. Insulation, door, and window standard `R values' must exceed the minimum requirement of the current International Building Code, as adopted by the City of Wylie at time of construction. •I EXHIBIT A ZC 2020--03 BI CCIICflR LVID9C�PE PIAM EXHIBIT B ZC 2020-03 Schedule for District Item Time Frame Annexation 12-20 to 1-28 PD Zoning 2-3 to 4-14 P&Z 3-Mar CC 24-Mar CC 14-Apr Plats & Site Plan 4-20 to 6-9 Submit 20-Apr P&Z 19-May CC 9-Jun Infrastructure Review 1-4 to 5-19 Infrastructure Work 6-9 to 7-15 BLDG. 13 7-1 to 10-31 BLDG. 6&8 8-1 to 3-31 BLDG.3 10-1 to1-31 TH BLDG. 1 11-1 to 2-28 TH BLDG. 7&9 12-1 to 7-31 EXHIBIT C - Commercial Renders ZC 2 02 0 - 03 EXHIBIT C - Commercial Renders i u•. i, i • �• --- I� _I Gt Ie!�lti_ _ _i I_ I 1^^l�lr'ii EXHIBIT C EXHIBIT D - Luxury Multifamily EXHIBIT D EXHIBIT D-AGREED BUILDING MATERIALS AND MI:TFIODS STANDAR ZC 2020-03 )S Architectural Design requirements for exterior building materials shall be achieved in accordance with the following criteria: 1. Tract 1 Townhome Development a. All townhome units shall have 100 percent of each facade composed of masonry. b. Masonry shall include brick, stone, or masonry stucco. c. EIFS may be used as an accent material and comprise no more than 15 percent of any facade. d. Roofing materials shall be architectural grade overlap architectural shingles, metal. or composite Spanish roof tile and other roof appearances shall be painted to match the color of the roof. 2. Tracts 2, 3, 4, & 5 Mixed -Use Development a. Primary front facade materials shall be a minimum of 80 percent masonry product with at least 20 percent stone on the front facade. b. Approved primary masonry materials include, brick, stone, masonry stucco, or decorative concrete. c. Up to 20 percent of the front facades may be stucco with decorative accents such as cementitious fiberboard and metal trims. d. The remaining three facades shall be a minimum of 60 percent brick or stone, and up to 40 percent may be stucco with decorative accents such as cementitious fiberboard and metal trims. e. EIFS shall not be considered acceptable primary exterior material but shall be accepted when applied as accent or architectural features and shall not exceed 15% of any facade face. f. To achieve facade articulation, visual variety and/or architectural detailing buildings shall use two complementary primary facade materials. g. Composite Spanish roof tile with a 30 to 50-year warranty must be used on visible roofing, or a similar product. IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. CITY: CITY OF WYLIE, TEXAS, a home -rule municipality By: Attest: Chris Holsted, City Manager Stephanie Storm, City Secretary Page 1 of 2 TRACT 1 OWNER: SERENE DISTRICT TOWNHOMES LLC a Texas limited liability company d/b/a THE DISTRICT TOWNHOME Printed Name: TRACTS 2 & 3 OWNED: THE DISTRICT LIFESTYLE LLC a Texas limited liability company By: Printed Name: TRACTS 4 & 5 OWNER: THE DISTRICT LIFESTYLE II LLC a Texas limited liability company Y: Printed Name: an t� (jk y JESSICA TAYLOR DEFPANE Notary Public, State of Texas Comm. Expires 0B-05-202 Notary ID 130321043 "`PYP11// JESSICA TAYLOR DEFRANE -6:Notary Public, State of Texas •'w` Comm. Expires 08-05-2023 /',%,°,;0 �� Notary ID 130321043 ,����r„ tiFpY AL9 JESSICA TAYLOR DEFRANE 6: Notary Public, State of Texas T� Comm. Expires 08-05-2023 'F OF; ,,,oNotary ID 130321043 Page 2 of 2 EXHIBIT D BRIDGE CROSS ACCESS EASEMENT AND SHARE AGREEMENT WHEREAS, District Townhomes LLC, District lifestyle LLC and District lifestyle II LLC , hereafter, "Owners" are the owners of the following contiguous tracts located in the City of Wylie, County of Collin.: Legal Descriptions tracts 1-5: LEGAL DESCRIPTION OF TRACT 1 SITUATED in the State of Texas and the County of Collin, being part of the R. D. NEWMAN SURVEY, Abstract No. 660, being part of a called 4.95 acre tract of land conveyed to All East Inc. by deed recorded in Document No. 92-0081176 of the Deed Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod capped "Roome" set for corner in the existing southeast right- of-way line of State Highway 78, in the southwest line of said 4.95 acre tract and marking the northwest corner of Tract 2 of Woodbridge Villas, an addition to the City of Sachse, Collin County, Texas, according to the plat thereof recorded in Volume P, Page 933 of the Plat Records of Collin County, Texas; THENCE with said southeast right-of-way line and crossing said 4.95 acre tract, North 52° 18' 37" East, 673.36 feet to a 1/2 inch iron rod capped "Roome" set line of said 4.95 acre tract and marking the northwest corner of the remainder of a called 7.062 acre tract of land conveyed to T. S. Miller, Ltd. by deed recorded in Volume 4418, Page 1494 of the Deed Records of Collin County, Texas; THENCE with the west line of said Miller tract and the east line of said 4.95 acre tract, South 20° 08' 57" East, 517.58 feet to a point for corner in the north line of the remainder of a called 83.2736 acre tract of land conveyed to WGC Properties, LLC by deed recorded in Volume 4110, Page 1774 of the Deed Records of Collin County, Tex southwest corner of said Miller tract and the southeast corner of said 4.95 acre tract, from which an old wood fence post found for reference bears South 20° 08' 57" East, 0.59 feet; THENCE with the north line of said WGC Properties tract, the north line of said Tract 2 and the south line of said 4.95-acre tract, North 88°51'27" West, 185.63 feet to a 1/2-inch iron rod capped "Roome" set for corner; THENCE with the north line of said Tract 2 and the south line of said 4.95-acre tract as follows: North 86° 39' 56" West, 117.57 feet to a 1/2-inch iron rod capped "Roome" set for corner; North 87° 36' 56" West, 315.06 feet to a 1/2-inch iron rod capped "Roome" set for corner; and North 61° 33' 29" West, 106.20 feet to the point of Beginning and containing 4.165 acres of land, more or less. Page 1 of 6 Tract 2 Legal Description Situated in Collin County, Texas, and BEING a tract out of the RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660 and being part of a 9.70 acre tract as described in a Deed from J. R. Beck et ux to R. S. Williams, dated 10-20-1910, recorded in Volume 165, Page 430 of the Collin County Deed Records, and being part of a 17.062 acre tract of land and being more particularly described as follows: BEGINNING at the Southwest corner of said 19.70 acre tract, said comer being the Southwest corner of said 17.062 acre tract; THENCE North 20 deg. 28 min. West with fence line and with the Southwest line of said 19.70 acre tract and said 17.062 acre tract, 562.60 feet to a stake for corner set in the Southeast ROW line of State Highway No. 78; THENCE North 52 deg. 16 min. East with the Southeast ROW line of State Highway No. 78, and the Northwest line of said 17.062 acre tract, 463.80 feet to a stake for corner; (continued next page) Page 2 of 6 THENCE South 18 deg. 29 min. East across said 19.70 acre tract and across said 17.062 acn tract, 874.80 feet to stake for corner; THENCE North 87 deg. 36 min. West with fence line and with the South line of said 19.70 acre tract and said 17.062 acre tract, 447.90 feet to the PLACE OF BEGINNING and containin€ 7.062 acres of land, more or less. SAVE & EXCEPT: Being that parcel conveyed by Judgment recorded in Volume 4418, Page 1353, Real Records of Collin County, Texas, and being more particularly described as follows: BEING 18,029 square feet or 0.4139 acres of land, more or less, situated in the City of Wylie and in the R.D. Newman Survey, Abstract Number 660, Collin County, Texas, and being a part of the land conveyed to Troy J. Miller by deed as recorded in Volume 1719, Page 301, Deed Records of Collin County, Texas; said 18,029 square feet or 0.4139 acres of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod being the southeast corner of a tract of land conveyed to Leon Jackson Robinson and wife, Belva Jo Robinson by deed as recorded in Volume 1150, Page 200, Deed Records of Collin County, Texas, and the southwest comer of a tract of land conveyed to Robert Bair by deed as recorded in Volume 887, Page 705, Deed Records of Collin County, Texas; THENCE North 19 degrees 34 minutes 18 seconds West along the common property line of said Robinson tract of land and said Bair tract of land for a distance of 1,004.23 feet to a point in the new southern right of way line of State Highway 78; THENCE South 52 degrees 19 minutes 07 seconds West along said new southern right of way line for a distance of 230.77 feet to an iron rod set in the common property line of said Robinson tract of land and said Miller tract of land, said iron rod set being the POINT OF BEGINNING; THENCE continuing along said new southern right of way line as follows: (1) South 52 degrees 19 minutes 07 seconds West for a distance of 251.04 feet to a P.K. Nail set at an angle point; (2) South 46 degrees 36 minutes 12 seconds West for a distance of 100.50 feet to a P.K. Nail set at an angle point; (3) South 52 degrees 18 minutes 50 seconds West for a distance of 114.49 feet to an iron rod set in the common property line of said Miller tract of land and a tract of land conveyed to Homer E. Minyard and wife, Billie Jean Minyard by deed as recorded in Volume 2424, Page 17, Deed Records of Collin County, Texas; (4) THENCE North 20 degrees 25 minutes 18 seconds West along said common property line for a distance of 47.54 feet to the northeast corner of said Minyard tract of land and the northwest corner of said Miller tract of land, in the existing southern right of way line of State Highway 78; (continued next page) Page 3 of 6 (5) THENCE North 52 degrees 18 minutes 42 seconds East along said existing southern right of way line for a distance of 463.80 feet to the northeast comer of said Miller tract of land and the northwest corner of said Robinson tract of land; (6) THENCE South 18 degrees 26 minutes 18 seconds East along the common property line of said Miller tract of land and said Robinson tract of land for a distance of 37.53 feet to the POINT OF BEGINNING, and containing an area of 18,029 square feet or 0.4139 acres of land, more or less. Tract 3 Legal Description ABS A0660 R D NEWMAN SURVEY, TRACT 11, 4.8125 ACRES ABST/SUB ID A0660 Collin County TX BEING a 4.83 acre tract of land situated in the Richard D. Newman Survey, Abstract No. 660, Collin County, Texas and being a portion of a tract of land described in deed to AUSTIN WYLIE REALTY, LTD., recorded in Document Number (Doc. No.) 97-0078085 of the Deed Records of Collin County, Texas (D.R.C.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod with cap stamped "ROOME" found at the West corner of a tract of land described in deed to Serene District Townhomes LLC, recorded in Doc. No. 20180525000643000 D.R.C.C.T., the common Northwest corner of WOODBRIDGE VILLAS, recorded in Slide 8591 of the Plat Records of Collin County, Texas (P.R.C.C.T.) and in the Southwest Right -of -Way (R.O.W.) line of State Highway No. 78 (variable width R.O.W.); THENCE N 51°24'12" E with the Southwest R.O.W. line of said State Highway No. 78, a distance of 1132.84 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set in the West line of said AUSTIN WYLIE REALTY, LTD tract, the common East line of a tract of land described in deed to T.S. Miller, LTD., recorded in Doc. No. 99- 0061615 D.R.C.C.T. and at the POINT OF BEGINNING; THENCE N 51°37'59" E, over and across said AUSTIN WYLIE REALTY, LTD tract, with the Southwest line of a "Save and Except", recorded with said AUSTIN WYLIE REALTY, LTD deed in Doc. No. 97-0078085, same being the Southwest R.O.W. line of said State Highway No. 78, a distance of 231.65 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set in the East line of said AUSTIN WYLIE REALTY, LTD tract and at the Northwest corner of a tract of land describe in deed to GREENWOOD JV, LTD, recorded in Volume 5995, Page 4195 D.R.C.C.T.; THENCE S 20°15'27" E, with the East line of said AUSTIN WYLIE REALTY, LTD tract and the common West line of said GREENWOOD JV, LTD tract, a distance of 1004.20 feet to a 1/2" iron rod found at the Southwest corner of said AUSTIN WYLIE REALTY, LTD tract, the common Southeast corner of said GREENWOOD JV, LTD tract and in the North line of WOODBRIDGE GOLF CLUB, recorded in Slide 4157 P.R.C.C.T.; THENCE N 88°14'27" W, with the south line of said AUSTIN WYLIE REALTY, LTD tract and the common North line of said WOODBRIDGE GOLF CLUB, a distance of 255.34 feet to a 1/2" iron rod found at the Southwest corner of said AUSTIN WYLIE REALTY, LTD tract and the common Southeast comer of said T.S. Miller, LTD tract; THENCE N 19°07'27" W, with the West line of said AUS I IN WYLIE REALTY, LTD tract and the common East line of said T.S. Miller, LTD tract, a distance of 836.64 feet to the POINT OF BEGINNING and containing 4.83 acres of land more or less. Page 4 of 6 Tract 4-5 Legal Description SITUATED in the State of Texas and the County of Collin, being part of the RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660, being all of a tract of land conveyed to Michael David Morris by deed recorded in County Clerk's File No. 99- 0008047 of the Deed Records of Collin County, Texas, and these premises being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in the South right-of-way line of South State Highway No. 78, marking the Northeast comer of a tract of land conveyed to Austin Wylie Realty, Ltd., by deed recorded in County Clerk's File No. 97-0078085 of the Deed Records of Collin County, Texas and the Northwest comer of said premises; THENCE with said South right-of-way line and the North line of said premises, North 52 degrees 16 minutes 25 seconds East, 270.83 feet to a 1/2 inch iron rod set marking the Northwest comer of a tract of land conveyed to Larry Van Nelson and Polly H. Nelson by deed recorded in County Clerk's File No. 94-0066961 of the Deed Records of Collin County, Texas and the Northeast comer of said premises; THENCE with the West line of said Nelson tract and the East line of said premises as follows: South 20 degrees 51 minutes 00 seconds East, 478.43 feet to a 1/2 inch iron rod set; South 47 degrees 06 minutes 00 seconds East, 38.70 feet to a 1/2 inch iron rod set; South 21 degrees 04 minutes 00 seconds West, 115.60 feet to a 1/2 inch iron rod set; South 00 degrees 42 minutes 00 seconds East, 402.00 feet to a 1/2 inch iron rod set; South 03 degrees 57 minutes 00 seconds East, 130.40 feet to a 1/2 inch iron rod set in the North line of a tract of land conveyed to WGC Properties, LLC by deed recorded in County Clerk's File No. 98-0017594 of the Deed Records of Collin County, Texas, marking the Southwest comer of said Nelson tract and the Southeast comer of said Premises; THENCE with the North line of said WGC Properties, LLC tract and the South line of said premises, North 87 degrees 36 minutes 00 seconds West, 48.19 feet to a 1/2 inch iron rod set marking the Southeast comer of said Austin Wylie Realty, Ltd. tract and the Southwest comer of said premises; THENCE with the East line of said Austin Wylie Realty, Ltd. tract and the West line of said premises, North 19 degrees 37 minutes 00 seconds West, 1003.91 feet to the POINT OF BEGINNING and containing 4.79 acres of land, more or less. BRIDGE CROSS EASEMENT/ MAINTENANCE AGREEMENT WHEREAS, Owners desire to impress upon the said properties' certain reciprocal covenants, rights -of -way, and restrictions regarding the use, access, and maintenance which shall inure to the benefit of and be binding upon Owners and their successors and assigns. THEREFORE, the undersigned Owners do hereby impress upon the above -described properties the following covenants, rights -of -way, and restrictions, which shall hereafter be covenants which run with the land and shall inure to the benefit of each of the Owners their grantees, successors and assigns: 1. Each Grantor shall have a continuous nonexclusive reciprocal easement over any Bridge that may cross the creek and have access shown on Exhibit (Easement Areas) for crossing, walking, biking, or whatever legally permitting for ingress and egress by each Grantor's invitees, guests, customers, successors and assigns. 2. No Owner or successors in title shall obstruct or restrict the use of any portion of the said bridge and no buildings or improvements may be erected upon said Easement Areas. Page 5 of 6 The Easement Areas on each Owner's tract shall be maintained in a serviceable, neat and acceptable manner and in a manner so that the overall appearance of said area shall be uniform. Each of Grantor's successors in title to tract two, tract three, tract four, and tract five shall be charged with the repair and maintenance of any damages caused by the owner or its guests or invitees to be promptly repaired. That the easements granted hereby may not be expanded or modified except by a further agreement in writing and recordable form by all Owners or their heirs. In the event, it becomes necessary to enforce the terms of this easement through court proceedings the prevailing party shall be entitled to reasonable attorney's fees. IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. CITY: CITY OF WYLIE,TEXAS, a home -rule municipality Attest: By: Chris Holsted, City Manager Stephanie Storm, City Secretary TRACT 1 OWNER: SERENE DISTRICT TOWNHOMES LLC a Texas limited liability company d/b/a THE DISTRICT TOWNHOME y: P ted Name: L' Its: r.--f TRACTS 2 & 3 OWNER: THE DISTRICT LIFESTYLE LLC a Texas limited liability company P fni f ted Name:�G-- Its: ✓� Gr.�-'Lj fie, --- I .0"V p+'/i JESSICA TAYLOR DEFRANE __° � Notary Public, State of Texas ... Comm. Expires 08-05-2023 '''' i°;,;' `�� Notary ID 130321043 2-.-24-2O D JESSICA TAYLOR DEFRANE : r,. Notary Public, State of Texas 9j 6V = Comm. Expires 08-05-2023 Notary ID 130321043 2-414 - 20 2.D TRACTS 4 & 5 OWNER: THE DISTRICT LIFESTYLE II LLC a Texas limited liability company P ted Name:.1 Its: p ce%rt! "aY p+'1, JESSICA TAYLOR DEFRANE ?^: 0= Notary Public. State of Texas ".-\'.• . Comm. Expires 08-05-2023 • y Notar ID 130321043 ►ag of 6 4 L ,Z p61r't� 2 EXHIBIT D FORM OF CROSS ACCESS EASEMENT AND PARKING SHARE AGREEMENT WHEREAS, District lifestyle LLC and District lifestyle II LLC , hereafter, "Owners" are the owners of the following contiguous tracts located in the City of Wylie, County of Collin.: Legal Descriptions tracts 2-4: Tract 2 Legal Description Situated in Collin County, Texas, and BEING a tract out of the RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660 and being part of a 9.70 acre tract as described in a Deed from J. R. Beck et ux to R. S. Williams, dated 10-20-1910, recorded in Volume 165, Page 430 of the Collin County Deed Records, and being part of a 17.062 acre tract of land and being more particularly described as follows: BEGINNING at the Southwest corner of said 19.70 acre tract, said corner being the Southwest corner of said 17.062 acre tract; THENCE North 20 deg. 28 min. West with fence line and with the Southwest line of said 19.70 acre tract and said 17.062 acre tract, 562.60 feet to a stake for comer set in the Southeast ROW line of State Highway No. 78; THENCE North 52 deg. 16 min. East with the Southeast ROW line of State Highway No. 78, and the Northwest line of said 17.062 acre tract, 463.80 feet to a stake for corner; (continued next page) Page 1 of 5 THENCE South 18 deg. 29 min. East across said 19.70 acre tract and across said 17.062 acrt tract, 874.80 feet to stake for corner; THENCE North 87 deg. 36 min. West with fe ice line and with the South line of said 19.70 acre tract and said 17.062 acre tract, 447.90 feet to the PLACE OF BEGINNING and containiu€ 7.062 acres of land, more or less. SAVE & EXCEPT: Being that parcel conveyed by Judgment recorded in Volume 4418, Page 1353, Real Records of Collin County, Texas, and being more particularly described as follows: BEING 18,029 square feet or 0.4139 acres of land, more or less, situated in the City of Wylie and in the R.D. Newman Survey, Abstract Number 660, Collin County, Texas, and being a part of the land conveyed to Troy J. Miller by deed as recorded in Volume 1719, Page 301, Deed Records of Collin County, Texas; said 18,029 square feet or 0.4139 acres of land being more particularly described by metes and bounds as follows: COMMENCING at an iron rod being the southeast comer of a tract of land conveyed to Leon Jackson Robinson and wife, Belva Jo Robinson by deed as recorded in Volume 1150, Page 200, Deed Records of Collin County, Texas, and the southwest comer of a tract of land conveyed to Robert Bair by deed as recorded in Volume 887, Page 705, Deed Records of Collin County, Texas; THENCE North 19 degrees 34 minutes 18 seconds West along the common property line of said Robinson tract of land and said Bair tract of land for a distance of 1,004.23 feet to a point in the new southern right of way line of State Highway 78; THENCE South 52 degrees 19 minutes 07 seconds West along said new southern right of way line for a distance of 230.77 feet to an iron rod set in the common property line of said Robinson tract of land and said Miller tract of land, said iron rod set being the POINT OF BEGINNING; THENCE continuing along said new southern right of way line as follows: (1) South 52 degrees 19 minutes 07 seconds West for a distance of 251.04 feet to a P.K. Nail set at an angle point; (2) South 46 degrees 36 minutes 12 seconds West for a distance of 100.50 feet to a P.K. Nail set at an angle point; (3) South 52 degrees 18 minutes 50 seconds West for a distance of 114.49 feet to an iron rod set in the common property line of said Miller tract of land and a tract of land conveyed to Homer E. Minyard and wife, Billie Jean Minyard by deed as recorded in Volume 2424, Page 17, Deed Records of Collin County, Texas; (4) THENCE North 20 degrees 25 minutes 18 seconds West along said common property line for a distance of 47.54 feet to the northeast corner of said Minyard tract of land and the northwest comer of said Miller tract of land, in the existing southern right of way line of State Highway 78; (continued next page) Page 2 of 5 (5) THENCE North 52 degrees 18 minutes 42 seconds East along said existing southern right of way line for a distance of 463.80 feet to the northeast corner of said Miller tract of land and the northwest comer of said Robinson tract of land; (6) THENCE South 18 degrees 26 minutes 18 seconds East along the common property line of said Miller tract of land and said Robinson tract of land for a distance of 37.53 feet to the POINT OF BEGINNING, and containing an area of 18,029 square feet or 0.4139 acres of land, more or less. Tract 3 Legal Description ABS A0660 R D NEWMAN SURVEY, TRACT 11, 4.8125 ACRES ABST/SUB ID A0660 Collin County TX BEING a 4.83 acre tract of land situated in the Richard D. Newman Survey, Abstract No. 660, Collin County, Texas and being a portion of a tract of land described in deed to AUSTIN WYLIE REALTY, LTD., recorded in Document Number (Doc. No.) 97-0078085 of the Deed Records of Collin County, Texas (D.R.C.C.T.) and being more particularly described by metes and bounds as follows: COMMENCING at a 1/2" iron rod with cap stamped "ROOMS" found at the West corner of a tract of land described in deed to Serene District Townhomes LLC, recorded in Doc. No. 20180525000643000 D.R.C.C.T., the common Northwest corner of WOODBRIDGE VILLAS, recorded in Slide 8591 of the Plat Records of Collin County, Texas (P.R.C.C.T.) and in the Southwest Right -of -Way (R.O.W.) line of State Highway No. 78 (variable width R.O.W.); THENCE N 51°24'12" E with the Southwest R.O.W. line of said State Highway No. 78, a distance of 1132.84 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set in the West line of said AUSTIN WYLIE REALTY, LTD tract, the common East line of a tract of land described in deed to T.S. Miller, LTD., recorded in Doc. No. 99- 0061615 D.R.C.C.T. and at the POINT OF BEGINNING; THENCE N 51°37'59" E, over and across said AUSTIN WYLIE REALTY, LTD tract, with the Southwest line of a "Save and Except", recorded with said AUSTIN WYLIE REALTY, LTD deed in Doc. No. 97-0078085, same being the Southwest R.O.W. line of said State Highway No. 78, a distance of 231.65 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set in the East line of said AUSTIN WYLIE REALTY, LTD tract and at the Northwest corner of a tract of land describe in deed to GREENWOOD JV, LTD, recorded in Volume 5995, Page 4195 D.R.C.C.T.; THENCE S 20°15'27" E, with the East line of said AUSTIN WYLIE REALTY, LTD tract and the common West line of said GREENWOOD JV, LTD tract, a distance of 1004.20 feet to a 1/2" iron rod found at the Southwest corner of said AUSTIN WYLIE REALTY, LTD tract, the common Southeast corner of said GREENWOOD JV, LTD tract and in the North line of WOODBRIDGE GOLF CLUB, recorded in Slide 4157 P.R.C.C.T.; THENCE N 88°14'27" W, with the south line of said AUSTIN WYLIE REALTY, LTD tract and the common North line of said WOODBRIDGE GOLF CLUB, a distance of 255.34 feet to a 1/2" iron rod found at the Southwest corner of said AUSTIN WYLIE REALTY, LTD tract and the common Southeast corner of said T.S. Miller, LTD tract; THENCE N 19°07'27" W, with the West line of said AUS I IN WYLIE REALTY, LTD tract and the common East line of said T.S. Miller, LTD tract, a distance of 836.64 feet to the POINT OF BEGINNING and containing 4.83 acres of land more or less. Page 3 of 5 COMBINED LEGAL DESCRIPTION OF TRACTS 4 & 5 SITUATED in the State of Texas and the County of Collin, being part of the RICHARD D. NEWMAN SURVEY, ABSTRACT NO. 660, being all of a tract of land conveyed to Michael David Morris by deed recorded in County Clerk's File No. 99- 0008047 of the Deed Records of Collin County, Texas, and these premises being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set in the South right-of-way line of South State Highway No. 78, marking the Northeast comer of a tract of land conveyed to Austin Wylie Realty, Ltd., by deed recorded in County Clerk's File No. 97-0078085 of the Deed Records of Collin County, Texas and the Northwest comer of said premises; THENCE with said South right-of-way line and the North line of said premises, North 52 degrees 16 minutes 25 seconds East, 270.83 feet to a 1/2 inch iron rod set marking the Northwest comer of a tract of land conveyed to Larry Van Nelson and Polly H. Nelson by deed recorded in County Clerk's File No. 94- 0066961 of the Deed Records of Collin County, Texas and the Northeast comer of said premises; THENCE with the West line of said Nelson tract and the East line of said premises as follows: South 20 degrees 51 minutes 00 seconds East, 478.43 feet to a 1/2 inch iron rod set; South 47 degrees 06 minutes 00 seconds East, 38.70 feet to a 1/2 inch iron rod set; South 21 degrees 04 minutes 00 seconds West, 115.60 feet to a 1/2 inch iron rod set; South 00 degrees 42 minutes 00 seconds East, 402.00 feet to a 1/2 inch iron rod set; South 03 degrees 57 minutes 00 seconds East, 130.40 feet to a 1/2 inch iron rod set in the North line of a tract of land conveyed to WGC Properties, LLC by deed recorded in County Clerk's File No. 98-0017594 of the Deed Records of Collin County, Texas, marking the Southwest comer of said Nelson tract and the Southeast comer of said Premises; THENCE with the North line of said WGC Properties, LLC tract and the South line of said premises, North 87 degrees 36 minutes 00 seconds West, 48.19 feet to a 1/2 inch iron rod set marking the Southeast comer of said Austin Wylie Realty, Ltd. tract and the Southwest comer of said premises; THENCE with the East line of said Austin Wylie Realty, Ltd. tract and the West line of said premises, North 19 degrees 37 minutes 00 seconds West, 1003.91 feet to the POINT OF BEGINNING and containing 4.79 acres of land, more or less. PARKING EASEMENT WHEREAS, Owners desire to impress upon the said properties' certain reciprocal covenants, rights -of -way, and restrictions regarding the use, access, and maintenance which shall inure to the benefit of and be binding upon Owners and their successors and assigns. THEREFORE, the undersigned Owners do hereby impress upon the above -described properties the following covenants, rights -of -way, and restrictions, which shall hereafter be covenants which run with the land and shall inure to the benefit of each of the Owners their grantees, successors and assigns: 1. Each Grantor shall have a continuous nonexclusive reciprocal easement over the parking and access areas shown on (Easement Areas) for parking of vehicular traffic and for ingress and egress by each Grantor's invitees, guests, customers, successors and assigns. Page 4 of 5 c 2. No Owner or successors in title shall obstruct or restrict the use of any portion of the said parking lot and no buildings or improvements may be erected upon said Easement Areas. The Easement Areas on each Owner's tract shall be maintained in a serviceable, neat and acceptable manner and in a manner so that the overall appearance of said drives and parking lot shall be uniform. Each of Grantor's successors in title to tract two, tract three, tract four, and tract five shall be charged with the repair and maintenance of any damages caused by the owner or its guests or invitees to be promptly repaired. That the easements granted hereby may not be expanded or modified except by a further agreement in writing and recordable form by all Owners or their heirs. In the event, it becomes necessary to enforce the terms of this easement through court proceedings the prevailing party shall be entitled to reasonable attorney's fees. IN WITNESS WHEREOF, the Parties have executed this Agreement and caused this Agreement to be effective on the Effective Date. CITY: CITY OF WYLIE,TEXAS, a home -rule municipality By: Chris Hoisted, City Manager TRACT 1 OWNER: SERENE DISTRICT TOWNHOMES LLC a Texas limited liability company d/b/a THE DISTRICT TOWNHOME Priname: Its: -. 7 -r -- TRACTS 2 & 3 OWNER: THE DISTRICT LIFESTYLE LLC a Texas limited liability company l Print Its: s""""'% JESSICA TAYLOR DEFRANE .Notary Public, State of Texas • °P= Comm. Expires 08-05-2023 ;;����:�` Notary ID 130321043 Attest: Stephanie Storm, City Secretary JESSICA TAYLOR DEFRANE :Notary Public, State of Texas '�F©f• , `P� Comm. Expires 08-05-2023 +rnn+` Notary ID 130321043 224-LOW i Y`r TRACTS 4 & 5 OWNJ: THE DISTRICT LIFESTYLE II LLC a Texas limited liability company By. Printed Name: 1`. Its: (`( i JESSICA TAYLOR DEFRANE fii.Notary Public. State of Texas Comm. Expires 08-05-2023 0 Notary ID 130321043 e5of5 U' 2L O Njz RIM EEO I Ilia EXHIBIT E - Townhomes ZC 2020-03 EXHIBIT E EXHIBIT E - Townhomes EXHIBIT E EXHIBIT F - Perimeter Screen Wall ZC 2020-03 *Landscape and screen wall will be approved at building permit level. TCINV4 41 7•1-714 FPC,-E4411' L •. • •_,••• • LJ ura El UP V1411 7-cy,(4.2A s H Wirrt =Ca 4001.1 a-C4C4/1 AilL902.=.614 EXHIBIT G - Signage H P • I FT —°1111111. Ri-044 r1d4244 144E9 ill JJit 11:-.41-4i, 1' I - - •- - 91.443114EAL 51FPORT 571.01.4•3LD reinWI. V 4 !..1E ciy 9I74LIRT 14-1-4411-441:441G1., • HIGHWAY 78 :=111:: Lel AAA 1.,:11-1,11011 A it i 11111:4 10,1, ro011,:d1 The Farmersville Times • Murphy Monitor * `Cicr, P,incetnrr rlcralri , 1111 1 rr ! tt 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 — Ordinance No. 2020-27 was published in said newspaper on the following date(s), to -wit: April 22, 2020. Chad Engbrock, Publisher Subscribed and sworn before me on this, the 23rd day of April, 2020 to certify which witness my hand and seal of office. SONIA A. DUGGAN Notary Public, State of Texas ^�• !�1 Q Comm. Expires 08-18-2020 Notary ID 130783749 Notary Public The State of T ,'a or My commission expires 08/18/2020 Murphy/Sachse/Wylie Office • 11(1 N. Bullard • P.U. Box 369 • Wylie. TX 75098 • 972-442-5515 • fay 972-442-4:118 Farmersville/Princeton Office • 101 S. Main • P.O. Box 512 • Farmersville, TX 75442 • 972-784-6397 « fax 972.782-.7(123 An ordinance of_the city of Wylie, Texas, amending the .com- prehensive zoning ordinance of the city of Wylie,- as hereto e amended, so as to change the zon- ing on the hereinafter described property, zoning case number 2020-03, , from agri- cultural (ag), light in- dustrial (li), and multi- family (mf) to planned development (pd), to allow for a mixed use master planned corn- munity; providing, for a penalty for the viola- tion of this ordinance; providing for the re- peal of all ordinances in conflict; providing a severability clause; and providing for an effec- tive date.