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Ordinance 2021-39' ORDINANCE NO.2021-39 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 2021-14, FROM AGRICULTURAL DISTRICT (AG/30) TO PLANNED DEVELOPMENT - SINGLE FAMILY (PD-SF), TO ALLOW FOR RESIDENTIAL SINGLE FAMILY 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 - Single Family, 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. ISECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Ordinance No. 2021-39 - Bennett Planned Development ZC 2021-14 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 10th day of August, 2021. at" �`�t'_;,a.i{,,Matfhew' r, Mayor ATTEST: ao FJ +jk;�a - A�J'�G?�J1�Yy 1,YrR•__ E� „LSO gpNSP PE R<WWgY Y Stephanie Storm, City Secretary Sra ;OF 7�0 387G DATE OF PUBLICATION: August 18, 2021, in The Wylie Neivs Ordinance No. 2021-39 - Bennett Planned Development ZC 2021-14 Exhibit "A" ' Legal Description of Property BEING a tract of land situated in the W. D. Penny Survey, Abstract No. 696 in Collin County, Texas as conveyed to Timothy W. Bennett by deeds recorded in Document No. 2007061800827270, a 2.110 acre tract, and in Document No. 20080908001083900, a 2.543 acre tract of the official Public Records of Collin County, Texas and being more particularly described as follows: BEGINNING at a''/2" iron rod found for corner on the south line of Parker Road (a 100 foot right-of-way); THENCE S. 01 degrees 28' 46" E., along the west line of Harvest Bend Phase 2, a subdivision in Wylie, Texas, as recorded in Document No. 20020102464 of the Collin County Plat Records, 675.02 feet to a %" iron rod found for corner in the north line of a tract of land conveyed to Texas Power and Light Co. by deed recorded in Volume 573, Page 475 of the Deed Records of Collin County, Texas; THENCE S. 85 degrees 36' 46" W., along the north line of the said Texas Power and Light tract, 297.02 feet to a''/2" iron rod found in the east line of a 1.52 acre tract ' of land conveyed to Vijay Thangughal in Document No. 20190201000109240 of the official Public Records of Collin County, Texas for corner; THENCE along the east line of said Vijay tract N. 01 degrees 25' 00" W 685.06 feet to a''/2" iron rod found in the south line of Parker Road for corner; THENCE along the south line of Parker Road, N 89 degrees 38' 53" E., 294.38 feet to the Point of Beginning and containing 4.653 acres (202,685 square feet) of land, more or less. unlic<,aa W.e caan Cunh- C,h a sE tmN ETJ PARKER ROAD 67 $ s ' ,g 1 2 (SF-/OR4) 18 3 Ea•vrvs;' 0 L J i 17 4 O a Mal'/t reryNOjul � < e (SF- Nd) 16 m 5 e ^ 6 Development Schedule A 7 i 1. Zoning 4.1-21 thru 84-21 i m.m,Ps.s.w ,emmw•a.s.:pr 2. Engineering and : 14 7 •��Mliu•2e• preliminary plat 8-1-21 thru �i 12-1.21 :n rUu,6s.e"m� 3. Construcllon 12-1-22 thru 13 •:"vlMa -' 1-22 ua• : ff9" p 8 �A r 12 10 r 71 S ee 76'Ji W-All2 N tE:➢3 YOME" Ce. III w➢I]i Exhibit "B" LOCATION MAP LmI D.-caia on 0[Pmomv i BEING enraaoflvndsinumN in the W. D. Paay Sunry.AbmatNa 696m COOm No, 2007e IS0032 2M. fomN0 . 000m ydan,J in D< n Dnn Not Na _WTW16009xrzW, . x.11o rte v E aed H Ibc®imt A'n 2Wg0W6W1n and Ima— a-mtNOofUrcmr'Mlub Recada Of CWIw cown�.'reaa,.md bnag ao:. ta:awla•yd�e,a a, r"Ilo..,: BEGMNBVG to v K" uOn and fmmd fa mrvnw dv� wu, fc of Palen Road (a loofoenght�r yl: THENCE S. 01!ug 29' 46" E, along fl,o if ofHe, too Umd Ph Z t3 suWnision In Wylie, Tesas, as neotdef in DoPwam No. 20020102 b of the C [fin Cowryat Reon Pltdr, 675.02 feet to a Y." von nod area found for in theI nnM Him afv trot oflandmnvpN t lcI Pouera:d Ugbn Co. bydad taoNM rE EE; w Vol. 573, Pt, 475 ofthc pd lkc efW11n Cowry, Tevas: THENCE S. SS dcgca 36' 46" W., along N. nonth l6r Ofthe nN T.P Q P out LiSfit uac1. 297.02 f t to a Y,-true tod famd in We®lino Ofs lAxae >; = ofladoaegMto VilayThopgWet DocuoaONo 20190201M10T40o oRcul Public RecmdaofCOEin Caary.Teafam . TIIENCEMwg OrceaeliwofmOV43,ua N.nlda 2$'W W6s5.%fM m e K"'vvO rvd fount m nbe rounh Gw ofParta Bond f aonm; b Nc Point of Begiwing W wr:Miomg J.661 rcm Ro;685 sgwre fall of ImL ntoaonlcs. PD Zoning Exhibit 20 Lots on 4.6 Acres 0 �aA.ne7rmm.." Lr $utiOtvs ON NAME- BENNETT EBTAMS \Y/ 11YOTFIYW BENNER,PF.-OYlNER6 FNGINEFA SIIErtT VfYtIEIQ/LS T3098 to �/ F� \�, TWBENNETI]�VERnZONNEi ..wx-Conant ............ SeSa2 ROOMEIANO aURVEVING,INC. �`T+iiaxiiP"�k 2000 AVENUE G 1810 I PIANO,TEIA5 7074 �r„dJ, ry 0"✓ PTz Jn 437J FRED®ROOMESURMMG.COM SCALE: 1450' NamJt 26, 2021 PLANNED DEVELOPMENT STANDARDS ' EXHIBIT G°C" BENNETT ESTATES 1 111 %1419� The intent of Bennett Estates is to establish a long-lasting, high -quality community that contributes to the suburban lifestyle in the City of Wylie. The detached Single Family homes offered in Bennett Estates are very desirable for growing suburban areas. H. GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.2 of the Comprehensive Zoning Ordinance (adopted as of March 2021) shall apply except for the following: Figure 3-4 - Planned Development —Sin le Family (PD — SF Lot Size Minimum Lot Area (sq. ft.) 6,200 — maximum of two lots 7 200 - Lot Width (feet) 50 Lot width of corner Lots feet 65 Lot Depth (feet) 110 Lot Depth of Cul-de-sac Lots feet 85 Dwelling Regulations Minimum Square Footage 1,800 — maximum of 50% 2,200 — minimum of 50% Design Standards Level of Achievement See Section IV Design Conditions Yard Requirements — Main Structures Front Yard (feet) 25 Front Yard of Cul-de-sac Lots feet 20 Side Yard (feet) 5 Side Yard of Corner Lots feet 5 Rear Yard (feet) 10 Rear Yard of Cul-de-sac Lots feet 10 Lot Coverage 50% Height of Structures Main Structure (feet) 36 III. SPECIAL CONDITIONS: ' All regulations of the Single Family 10/24 set forth in Article 3, Section 3.4 of the Comprehensive Zoning Ordinance (adopted as of March 2021) shall apply except for the following: 1. Maximum number of residential lots not to exceed 20 lots. 2. No alleys shall be required within the Planned Development. 3. All homes within the community shall have front entry garages. 4. J-swing garage entries are not required. ' 5. All common area lots shall be owned, and maintained by the Homeowners Association in perpetuity. 6. An HOA maintained 8' minimum wide sidewalk shall be constructed as generally depicted on the Zoning Exhibit to provide a pedestrian connection from the cul-de-sac to the Oncor easement and future trail. 7. There exists, at the time of this zoning, a line of 32 live oak trees (The Tree Line) located approximately 15' west of the east subdivision property line. No more than 5 of these trees shall be removed, for any reason, by the land developer or the home builder. Removal of trees by the homeowner shall conform to City of Wylie ordinances. 8. A 10' easement for a right turn deceleration lane shall be dedicated at time of platting, pending need and approval by TxDOT. All regulations of the Single Family 10/24 set forth in Article 3, Section 3.4 of the Comprehensive Zoning Ordinance (adopted as of March 2021) shall apply except for the following: A. Land Design Standards 1. No public open space easements are required in the Planned Development. 2. In order to preserve the current mature tree growth, there shall be a variable 10'- 25' landscaped buffer along Parker Road. The buffer shall include a 6' masonry wall built as generally shown on the zoning exhibit. ' 3. Desirables, as listed in the zoning ordinance, shall not be required. B. Street and Sidewalk Standards 1. No curvilinear streets shall be required in the Planned Development. 2. A mailbox cluster shall be provided in the subdivision 3. Streetlights on decorative poles every 350' placed on the street throughout the subdivision. C. Architectural Standards 1. At least 20% of the facade shall be offset a minimum of 1' either protruding from or recessed back from the remainder of the facade. 2. The minimum masonry percentage shall be 85% overall. The remaining 15% shall be cementitious fiber cement material. 3. 2nd story front elevation set back over brick shall be allowed with cementitious fiberboard. 4. A front -facing hip roof which faces the street, and which comprises greater than 35% of the total width of a house's facade shall be broken up with dormers or other architecturally compatible appurtenances. 5. Each single-family residential unit shall have a combined patio and/or porch total covered area of a minimum of 150 total square feet of floor area. 6. Minimum of 8:12 front elevation roof pitch on front elevations, except 3:12 roof pitches on porches/patios or dormers. 7. In order to encourage variety, the exterior facades of houses on the same side of the street shall vary within every 4 houses. The same exterior facade of home cannot be directly across , the street from each other. When a house is constructed, the same combination of brick, stone, masonry -like materials, and paint shall not be used on other houses within four (4) lots on either side of that house. This shall be monitored by the Architectural Control Committee. 8. Each garage shall incorporate at least two of the following architectural features: a. Sconce lighting b. Decorative banding or molding c. Decorative overhangs above garage doors d. Eyebrow soldier course over garage doors e. Decorative brackets on garage doors f. Columns flanking garage doors. 9. An 8'cedar fence shall be required along the rear lot line of all lots that adjoin the east subdivision line, by the home builder. To the extent possible, the builder shall coordinate with property owners along the eastern boundary to avoid `double -fencing' and the creation of dead space. 10. Each residential dwelling shall have an established front lawn with I tree and 5 shrubs. Each residential dwelling shall also have a minimum of I tree in the backyard. I 11 I Sachso NCNNI� - THE WYLIE NEWS !C& T, 1) k' _10i Murphy Monitor I The Princeton Herald • S omm MOM UWAZWK619JR010 1&efore me, the undersigned authority, on this day personally appeared Chad Engbrockm, [•'ublisher of C & S Media, dba The, Wylie New�, a newspaper�regularly published in 0 Collin County, Texas and havih general circulation in Collin County, Texas, and be1rrv,-,-, a in compliance with Section 2051.044, Texas 00ctkunt Cb&(� (2), �5)� and who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice — Ordinance No. 2021-37; Ordinance No. 2021-3 and Ordinance No. 2021-39 was published in said newspaper on the following date(s), to-wi August 18,2021 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 191h day of August, 2021, to certify which witness my hand and seal of office. SONIAADUGGAN Notary ID #126646343 My Commission Expires August 12, 2024 i Notary Ptbiic I or The State of Texas m u rptlylis ,jc yl i e Office - 110 N. Ballard - P.O. Box 369 - Wylie, T3i 75098 - 972 -442-5515 - fax 972-442-43 18 Farme rsvi 11 kon o rt'i cc - 1 of s . Main - P.O. Box 512 - Farm c rsvi I I e, TX 75442 - 972-784-63 97 - fax 972-782-7023