Ordinance 2020-58' ORDINANCE NO.2020-58
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
2020-12, FROM AGRICULTURAL DISTRICT (AG/30) TO
AGRICULTURAL DISTRICT 30 - SPECIAL USE PERMIT (AG/30-SUP),
TO ALLOW FOR CONTINUED USE AND DEVELOPMENT
CONDITIONS OF A WASTE WATER TREATMENT PLANT;
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 Agricultural District 30 - Special Use
Permit (AG/30-SUP), said property being described in Exhibit A (Legal Description), hereto and
made a part hereof for all purposes.
SECTION 2: That Special Use Permit 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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict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.
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
Ordinance No. 2020-58 — Zoning Case No. 2020-12 Page 1 of 2
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 17th day of November, 2020.
ATTEST:
Stephanie Storm, City Secretary
DATE OF PUBLICA
�Z�0' 2a,�
Matthew Porter, Mayor 11
News
Ordinance No. 2020-58 — Zoning Case No. 2020-12 Page 2 of 2
Exhibit A
I
Legal Description
for
Muddy Creek Waste Water Treatment Plant
BEING a tract of land, situated in the Guadalupe De Los Santos Survey, Abstract No. 1384, in the City of
Wylie, Dallas County, Texas, and being a portion of a called 84.98-acre tract as conveyed to H. A. Walker
and evidenced in a Partition Deed recorded in Volume 76174 at Page 2546 of the Deed Records of Dallas
County, Texas (DRDCT) and being more particularly described by metes and bounds as follows (bearings
based on the northwest line of said 84. 98-acre tract, said bearing being North 44 degrees 53 minutes
East):
BEGINNING at a 1/2-inch iron rod found in a barbed-wire fence for the east corner of said 84.98-acre
tract, and the south corner of "Tract No. 1," a called 68.11-acre tract as conveyed to Southwestern
Medical Foundation and evidenced in a Deed of Gift with Special Warranty recorded in Volume 93187 at
Page 4726 DRDCT said iron rod also being on the current northwest right-of-way line of Pleasant Valley
Road (a called 100-foot wide right-of-way);
THENCE in a southwesterly direction, along the southeast line of said 84.98-acre tract and the northwest
right-of-way line of said Pleasant Valley Road and generally along said barbed-wire fence, the following:
South 45 degrees 25 minutes 53 second West, a distance of 864.26 feet to a point for corner;
South 45 degrees 55 minutes 53 seconds West, a distance of 529. 88 feet to a point for corner;
South 45 degrees 44 minutes 53 seconds West, a distance of 376.19 to a 1/2-inch iron rod found for
' corner;
THENCE North 44 degrees 15 minutes 08 seconds West, departing the southeast line of said 84.98-acre
tract and the northwest right-of-way line of said Pleasant Valley Road, a distance of 200.00 feet to a 1/2-
inch iron rod found for corner;
THENCE North 15 degrees 26 minutes 24 seconds West, a distance of 1,514.55 feet to a 1/2-inch iron
rod found in an old barbed wire fence line on the northwest line of said 84. 98-acre tract and the
southeast line of a called 142.76-acre tract as conveyed to Ronald R. Graves, et al (an undivided 28%
interest) and Roddy V. Graves, et ux (an undivided 72% interest) and evidenced in a deed recorded in
Volume 90023 at Page 0584 DRDCT and Volume 3190 at Page 529 of the Real Property Records of Collin
County, Texas (RPRCCT);
THENCE North 44 degrees 53 minutes 00 seconds East, along the northwest line of said 84.98-acre tract
and the southeast line of said 142.76-acre tract and generally along said barbed-wire fence, a distance of
994.96 feet to a 1/2-inch iron rod found for the north corner of said 84.98-acre tract, same being the
west corner of said 68.11-acre Southwestern Medical Foundation tract;
THENCE South 45 degrees 56 minutes 51 seconds East, along the northeast line of said 84. 98-acre tract
and the southwest line of said 68 .11 acre tract, a distance of 1,539.67 feet to the POINT OF BEGINNING
and CONTAINING 50.322 acres, more or less.
Page 1 of 1
Muddy Creek Wastewater Treatment Plant (WWTP) '
EXHIBIT "B"
Conditions For Special Use Permit
PURPOSE:
The purpose of this Special Use Permit is to create permanent zoning of an
existing Wastewater Treatment Plant and expand the existing premises under
the Agricultural (AG) Zoning District with the following General and Special
Conditions.
II. GENERAL CONDITIONS:
1. This Special Use Permit shall not affect any regulations within the Zoning
Ordinance or Code of Ordinances, current or as amended, except as
specifically provided herein. '
2. In recognition of this site being a wastewater treatment facility for the City
of Wylie and other customers, it shall comply with any and all
requirements set forth by the Texas Department of Environmental Quality.
These shall be senior to any other requirements of the City of Wylie.
3. All General and Special Conditions of this Special Use Permit shall remain
in effect while the North Texas Municipal Water District (NTMWD) is the
owner of the subject property and the operator of the wastewater
treatment plant. Should NTMWD neither own or operate the plant, the
zoning shall revert to the baseline Agricultural Zoning and all development
standards.
III. SPECIAL CONDITIONS:
1. A generally 150-foot wide physical and visual barrier shall be set in place
as outlined in the Zoning Exhibits, Exhibit A 'cross section' and Exhibit B
'site exhibit'. This barrier shall consist of:
Page 1 of 4
' a. A 10-foot clearing/easement for the installation and maintenance of a
fence as required by the Texas Commission on Environmental Quality
(TCEQ).
b. A 50-foot wide 'natural area' that will preserve the existing trees to the
fullest extent possible.
c. A minimum 75-foot wide berm being a minimum of eight foot high with
I
an approximate 4:1 slope.
d. A minimum 10-foot wide clearing at the inside base of the berm.
2. A Tree Management Plan shall be required per Section 7.6.C.2 of the
2019 City of Wylie Zoning Ordinance, however identification and mitigation
shall apply only to trees of 12" caliper or greater not located in the 150-foot
buffer identified in Section 111.1 of this SUP.
3. In recognition of this site being a wastewater treatment facility for the City
of Wylie and other customers, all regulations of the underlying Agricultural
District (AG/30) are replaced by the Heavy Industrial District (HI) as set
forth in Article 4, Section 4.23 of the 2019 City of Wylie Zoning Ordinance
and included herein.
Special Use Permit for the Muddy Creek WWTP
Height
Height of Structures (feet)
50'
100' for communication towers
Number of Stories
4
Residential Proximity
3:1 slope from residential lot line
Building Placement and Coverage
Front Yard Setback feet
50
Side Yard Setback (feet)
25
Rear Yard Setback (feet
25
Lot Coverage
No limit
Buffering and Screening
Adjacent to the PD Single Family
Development
150-foot wide landscape berm buffer
along roe lineper Section 111.1.
Adjacent to Park and Flood Plain
No requirement.
Service and Loading Areas
Not visible from public street or adjacent
single-family residential uses.
4. The Non -Residential Design Standards defined in Section 4.3 of the 2019
City of Wylie Zoning Ordinance and as may be amended, shall not apply
to existing and future projects within the site except as follows:
Page 2 of 4
Site Design Requirements
Element
Standard (Must Fully Comply)
Building
1. Buildings and other facilities will be located internal to the site
Placement
screened from Pleasant Valley Road and adjacent PD residential
development by a landscape berm.
2. Administrative buildings will include connecting walkways to
facilitate pedestrian movements between buildings and adjacent
parking.
3. There is no restriction on size of building and facility footprints
within the treatment plant site
Parking
1. Parking spaces shall be internal to the site behind the landscape
Placement
berm.
2. Locate parking in close proximity to the building need.
Access Drives
I. Minimum driveway width of 24 feet with 25' radius at
intersections.
2. Maintain landscape treatment at entrance
Location of
I. Service and loading areas shall be located behind the landscape
Service and
berm and not be visible from Pleasant Valley Rd or the adjacent
Loading Areas
PD residential development.
Floodplain
I. All treatment plant facilities (buildings, tanks, equipment, etc.)
Considerations
will be built above and out of the the 100-year flood zone.
Landscape Design Requirements
Element
Standard (Must Fully Comply)
Landscaping in
1. There is no requirement for landscaping internal to the treatment
Required Yards
plant site, defined as facing inward from the landscape berm.
2. The outward facing portion of the landscaped berm along
Pleasant Valley Road will be maintained and kept in good
condition in and along the front yard.
3. The outward facing portion of the landscaped berm along the PD
zoned residential tracts will be maintained and kept in good
condition in and along the easterly side yard and rear yard.
Landscaping in
1. No requirement.
Parking Lots
Visual
1. No requirement.
Screening
Landscaping of
1. The outward facing portion of the landscape berm along Pleasant
Street Frontage
Valley Road will be kept with trees placed in groves or belts on a
spacing of approximately 50 feet per existing conditions.
Floodplain
1. No portion of the landscape berm is allowed to extend into the
Considerations
100-year floodplain zone. This limitation precludes the need for
screening by berm in those areas along the northwest property
Page 3 of 4
line. Where not encumbered by utility infrastructure, existing
tree masses or new planting are allowable screening options.
Architectural Design Requirements
Element
Standard (Must Fully Comply)
Building
1. Administration Buildings shall be constructed of at least 25%
Materials
masonry product on the front fagade.
2. The special use, equipment needs and process operations of the
wastewater treatment plant require highly durable and resistant
construction materials and finishes. Tilt wall construction, steel
framed pre-engineered buildings with metal panels, masonry or
other finishes are approved for process, storage, equipment, and
other buildings. Pre -manufactured enclosures for equipment are
approved.
Building
1. No requirement.
Articulation,
Form and
Massing
Architectural
1. No requirement.
Compatibility
Page 4 of 4
Exhibit A
PROPOSED M❑DDY CREEK RWWTP SCREENING
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50' TREE SCREEN
14 76' BERM SCREE (PRESERVE EXIST TREES)
10' MAINT. AREA
150' B❑❑❑ER ZONE M.
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IX _
-- I' � rs,
ZONING EXHIBIT
D«c,bu zt 2020
PROPOSED SPECIAL USE PERMIT
FOR
MUDDY CREEK
WASTE WATER TREATMENT
OPERATIONS FACILITY
I III IV \YYI II .,h11N I1MINIY IIX..
NORTH TEXAS MUNICIPAL HUIIT-2D[IAPS
WATER DISTRICT
Vie 9Parntevoille Time, - Murphy Monitor • The Princeton Herald • 7FrSachx 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 — Ordinance No. 2020-58, 2020-61 & 2020-62
was published in said newspaper on the following date(s), to -wit:
November 25, 2020
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 27's day of November, 2020, to certify
which witness my hand and seal of office.
4rPv PUB'
SONIA A DUGGAN
o n Notary IDm #126ssion E 6 fires
MY Commission 1 an2024
z
August 12,
"r or
My commission expires 08/12/2024.
toturphr!SachscRVylic Office • 110 N. Ballard • P.O. Box 369 - Wylie.7'X 75099.972-442-5515 • fax 972-142-4318
Famicrseill4'Princeton Office - 101 S. Main -P.O. Buz 512 - Farniersvillc, TX 75442 •972-784-6397 - fax 972-782-7023
development condi-
tions of a Waste Water
Treatment Plant; pro-
viding for a penalty for
the violation of this Or-
dinance; providing for
the repeal of all Ordi-
nances in conflict; pro-
viding a severability
I clause; and providing
' for an effective date.
Ordinance
No.2020-61
An Ordinance of the
City of Wylie, Collin
County, Texas, amend-
ing Ordinance No.
1 2005-07. as amended,
ter for Public Health
Emergency due to the
novel Coronavirus
(Covid-19); providing
the consent of the City ,
Council to the continu-
ation of the Declara-
tion until 11:59 p.m.
on December 8, 2020;
prescribing orders to
help abate the public
health emergency; pro-
viding authority for the _
.City Council to termi-
nate the Disaster Dec-
laration; and providing
an enforcement clause,
severability clause and
an effective date.
Appendix C, Wylie 30-it-I031i'�
Comprehensive Fee
Schedule, Section
VRI (Public Library),
Subsection A (Library
Fees); for the purpose
of requiring fees asso-
ciated with circulating
hotspots; providing for
CITY OF WYLIE repealing, savings and
severability clauses;
Ordinance and providing for an
No.2020-58 effective date of this
Ordinance.
An Ordinance of the.
City of Wylie,. Texas,
Amending the Com-
prehensive Zoning
Ordinance of the City
of Wylie, as hereto-
fore amended, so as
to change the zon-
ing on the hereinafter
described property,
Zoning Case Number
2020-12, from Agricul-
tural District (AG/30)
to Agricultural District
30 - Special Use Permit
(AG/30-SUM, to allow
for continued use and
Ordinance
No.2020-62
An Ordinance of the
City Council of the
City Of Wylie, Texas,
amending Ordinance
Nos. 2020-24, 2020-
25, 2020-26, 2020-29,
2020-31, 2020-35,
2020-38, 2020-41,
2020-48, and 2020-
53; continuing and
extending the Mayor's
Amended._._ Declara-
tion of Local Disas-