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Ordinance 2023-02 ORDINANCE NO. 2023-02 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2022-13, FROM COMMERCIAL CORRIDOR DISTRICT (CC) TO PLANNED DEVELOPMENT - COMMERCIAL CORRIDOR (PD-CC), TO ALLOW FOR COMMERCIAL DEVELOPMENT; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS: SECTION 1: That the Comprehensive Zoning Ordinance of the City of Wylie, Texas,be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of Planned Development -Commercial Corridor(PD-CC), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That a Zoning Exhibit and Planned Development Conditions are an integral component of the development of the property and are attached as Exhibits B and C, respectively. SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 4: That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional,illegal or invalid,the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. Ordinance No. 2023-02 Change of Zoning for Cooper Plaza(ZC 2022-13) Page 1 of 2 SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 8: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie,Texas, this 10th day of January, 2023. Mathew Porter,Mayor Xi ATTEST: Ic. yr, <« \ /` /Y ., ' \ JtioevaAA.ut: JABIA41-, (I';; . , L,‘.',/,?,,,(,,,, f,', : \ Stephanie Storm, City Secretary 1 r jl i,\ a /ii :' . a`F,COI i7R4 n;�'t a '''' DATE OF PUBL le. e F 18t (�, •'�/The Wylie News str,Eofxt Ordinance No. 2023-02 Change of Zoning for Cooper Plaza(ZC 2022-13) Page 2 of 2 Exhibit 'A' SITUATED in the State of Texas, County of Collin, and City of Wylie, being part of the James Truett Survey,Abstract No. 920, being part of the Francisco de la Pina Survey,Abstract No. 688, being part of Blocks 4&9,all of Blocks 2, 3, & 10 of the Railroad Addition, an addition to the City of Wylie as recorded in Volume 77, Page 494 of the Collin County Map Records, being the re-survey of a called 2.606 acre tract as recorded under County Clerk File No. 201990213000150300 and being further described under County Clerk File No.93-00309960 of the Collin County Land Records, being all of a called 2.563 acre tract of land as recorded under County Clerk's File No. 20191122001493350 of the Collin County Land Records, being all of a called 1.226 acre tract of land as recorded under County Clerk's File No. 20200529000784580 of the Collin County Land Records, being all of a called 0.2209 acre tract of land as recorded under County Clerk's File No.20210210000288770 of the Collin County Land Records,and being part of the abandonments(no documents provided)of Jefferson street,Third Street and the alleys as being described within said premises as follows: COMMENCING at a point marking the intersection of the east right-of-way line of Second Street(80' right-of-way)with the south right-of-way line of Brown Street(variable width right-of-way),same being the northwest corner of Block 4 of Railroad Addition; THENCE with the south right-of-way line of Brown Street,the north line of said Block 4, partway with a 20'abandoned alley, South 89°42'02" East, 135.00 feet to a point in the centerline of said abandoned alley, marking the POINT OF BEGINNING,and the northwest corner of the herein described premises; THENCE with the south right-of-way line of Brown Street,the north line of said Blocks 2, 3 &4,the north line of said 2.563 acre tract,the north line of said 1.226 acre tract,the north line of said 0.2209 acre tract, and the north line of a 20' & 10' alley as follows: South 89°42'02" East,953.24 feet to a 1/2" iron rod found for an angle break; South 83°00'22" East, 79.78 feet to a "WAI" capped iron rod found for an angle break; South 79°58'26" East, 28.91 feet to a "WAI" capped iron rod found for an angle break; South 83°16'55" East, 13.97 feet to a "WAI" capped iron rod found for an angle break; South 83°37'O1" East,31.31 feet to a 1/2" iron rod found marking the beginning of a curve to the right; southeasterly along said curve having a central angle of 135°11'10",for an arc distance of 35.39 feet,with a radius of 15.00 feet(chord =South 15°48'15" East, 27.73 feet)to a 1/2" iron rod found in the northwesterly line of State Highway 78(variable width right-of-way), and marking the end of said curve; THENCE with the northwest right-of-way line of State Highway 78,the south easterly line of said 0.2206 acre tract and the south easterly line of said 1.226 acre tract,South 51°47'20" West, 1,042.43 feet to a point marking the intersection of the extended north right-of-way line of Marble Street (variable width right-of-way)with the northwest right-of-way line of State Highway 78,the southeast corner of said 1.226 acre tract and said premises, from which a "RPLS 3963" capped iron rod found for reference bears South 51°47'20" West, 690.02 feet; THENCE departing said State Highway 78 right-of-way,with the extended north right-of-way line of Marble Street,the south line of said 1.226 acre tract,the south line of said 2.563 acre tract and a south line of Block 9 and Block 10 of said Railroad Addition,and partway with the south line of a 20' abandoned alley, North 89°43'51"West, passing at 253.78 feet a 1/2" iron rod found marking the southwest corner of said 2.563 acre tract,and continuing for a total distance of 294.28 feet to a point in the center of said 20' abandoned alley, and marking the southwest corner of said premises; THENCE with the centerline of said 20'abandoned alley and crossing through abandoned Jefferson Street, North 00°00'19" West, 694.95 feet to the place of beginning and containing 11.622 acres of land. COOPER PLAZA EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT 2022-13-CC I. PURPOSE: The purpose of this Planned Development is to create a vibrant multi-modal commercial environment that integrates with Wylie's historic downtown. II. GENERAL CONDITIONS: 1. Unless otherwise explicitly stated in the PD, all variations are from the City of Wylie's Zoning Ordinance as amended April 2021. 2. This Planned Development shall not affect any regulations of the aforementioned Zoning Ordinance except as specifically provided herein. 3. The underlying zoning for this Planned Development District shall be Commercial Corridor (CC). 4. The development shall be in general conformance with the Zoning Exhibit. 5. The entire site, as depicted on the zoning exhibit, shall be used to determine landscaping calculations (20% of the site). III. SPECIAL CONDITIONS: 1. The following uses as defined in the Commercial Corridor District (CC) shall be expressly permitted on the subject property: a. Convenience Store b. Motor Vehicle Fueling Station c. Food Truck Parking d. Alcohol/Liquor Uses, which shall be exempt from distance requirements from churches, public hospitals, public schools and private schools 2. The following uses as defined in the Commercial Corridor District (CC) shall be expressly prohibited on the subject property: a. Sexually Oriented Business b. Equipment Rental c. Automobile Rental d. Automobile repair Minor Page 1 of 2 e. Car Wash f. Any and all uses listed under Sections 5.2.H and 5.2.1 of the Zoning Ordinance g. Vehicle Display, Sales or Service 3. The street frontage required landscape buffer, as required by Section 4.3.E.a(1) shall be allowed to include public right-of-way and landscape plantings shall also be allowed within the City's existing utility easement pending minimum distance separations are maintained as required by the City's Engineering Department. 4. No lot on the site shall be restricted by the distances to other Beer& Wine Package Sales establishments, churches, schools, city parks, or residences, as defined in Section 5.2 or any other distance restriction to other businesses defined in the Zoning Ordinance. 5. Section 7.3.H.2.a shall be amended to allow 9 feet by 20 feet standard car parking spaces on Lot 1 only. 6. All structures on Lots 2-6 of this development shall comply with a historic architectural standard that integrates with Section 6.3.E.5 of the Zoning Ordinance (Downtown) except as noted as follows: Section 6.3.E.5.a.1.4 second floor windows, recessed with multiple lights, lintels, and sills shall not be required. Section 6.3.E.5.c Building Proportions-Commercial Structures shall not be required. 7. Section 8.1.C.1.b of the Zoning Ordinance shall be amended as follows: Site plans for each lot shall be considered for approval by the City Council, with a recommendation provided by the Planning and Zoning Commission. For the purposes of this planned development, the developer voluntarily agrees that there shall be no more than 30-days from between each submittal to a Commission recommendation and another 30-days until consideration by the City Council. 8. Section 22-448.a.4 shall be amended to allow a monument sign to be separated by at least 50 feet from any other monument sign on the same property, measured along the right-of-way. Page 2 of 2 I I DOLL GGG M1rnMM CCAADMIC xa1M TEXAS MA,CPN NAM 1F,AR wMKPAI NORM.DI TRICI / p y MO.Am,nl NO x w,RR:cusmcr wT PT ,R�ici m, WA.TRACTasm, N„Y rg M.2015 PG N1,cow ttnYN10M15UppOH)0.CCU VOL 1WI.R.SBI,MLR OL.MKT PG HA-H5,COP 202.:Y-1D//1. UM:VA,[R �,NENr PLAN, I UY:VARPZ 111EI1t PLANt USE:VARR MEP NI OAMNt PUNT a K Cq�Enl- / J __ _ - � _- .O V. /, GRAPHIC SCAM ~ E. BROWI+F'_STREET m >, _ 21=010 Too Y.mom,. ..w• "`o _ fla,..0 •_ �- �. .""gd 1 I.m-e 1. 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HWY 78 & BROWN ADDITION SHEET /�i���/ . \ ��CC 1�_i _ EWl w:9 »w IS EW[1a,a S.9NI LOHRGAD,lIII,E AEo p9 R;Lx TM MOOR GARLAND,TEXAS IBGAx CITY OF WYLIE, TEXAS EX I^E `^ M10x1E:9)D-NNRTao1 MOVE:ax2.2260Wa NOVEMBER 14, 2022 C/� l� •1 CONT.,JAON CAEINER ACT:AIM J.VASSUE2,P 1APonOwsliRSOc.com LIVBsausxarss0usxsnain inno.com C& Shr larorersbille Zruurs • Murphy Monitor • The Princeton Herald • i‘cSach.a News • THE WYLIE NEWS E.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. 2023-02 & Ordinance No. 2023-03 was published in said newspaper on the following date(s), to-wit: January 18, 2023 Cw... .., Chad Engbrock, Publisher Subscribed and sworn before me on this, the 19th day of January, 2023, to certify which witness my hand and seal of office. Notary Public for The State of Texas <�aY Pie SONIA A DUGGAN �(,N Notary ID#126646343 +>�+r My Commission Expires My commission expires 08/12/2024. forte August 12, 2024 Mu 1chy Sachse!Pi,5 lie Office• 110 N.Ballard•P O.Box 369•Wylie. IX 75098•972-4-42-5515 I imc rscille Prinecton Mice• 101 S.Main•P.O.Box 512•Farmcrsvillc,TX 75442•972-784-6 97 January 18-19,2023 3C - ' CITY OF yVYLIE Ordinance Ordinance - No.2023-03 No.2023-02 An Ordinance of the An Ordinance of the City Council of the City of Wylie, Texas, City of Wylie, Texas, amending the Com- Amending ordinance prehensive Zoning No 2006-04 of the City Ordinance of the. City of Wylie (the Zoning of Wylie, as, hereto- i Ordinance, as amend- fore amended, so as - ed), Article 5, Use to change the zon- ing on the hereinafter. ing certain regulations - described property, relating to Accessory, ► Zoning Case Number and Temporary De- r 2022-13, from Cpm- velopment Standards 1 mercial Corridor his- of' Donation Boxes i r trict (CC) to Planned in the City of Wylie; Development - �►- providing a penalty. mercial Corridor (PD- clause, savings/repeal- CC),to allow for com- savings/repeal- . clause,severability mercial developnpent; 1 clause and an effective. providing fora penalty date;and providing for l for the violation of this � thepublication of the ordinance; providing - caption hereof: for the repeal of all - ordinances in conflict; 38-1t-66G l providing a severabil- Le.±.____. ity clause; and provid- ing for an, effective i date.