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Ordinance 2023-17ORDINANCE NO. 2023-17 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 2023-05, FROM MANUFACTURED HOME (MH) TO COMMERCIAL CORRIDOR - SPECIAL USE PERMIT (CC -SUP), TO ALLOW FOR COMMERCIAL DEVELOPMENT OF A MOTOR VEHICLE FUELING STATION, CONVENIENCE STORE, AND CAR WASH; 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 Commercial Corridor - Special Use Permit (CC -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 the Zoning Exhibit are an integral component of the development of the property and 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 2023-17 Wylie Gas and Car Wash ZC 2023-05 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 9th day of May 2023. Porter, Mayor ATTEST: vao Stephanie Storm, City Secretary DATE OF PUBLICATION: May 17, 2023, in the Wylie News Ordinance No. 2023-17 Wylie Gas and Car Wash ZC 2023-05 Page 2 of 2 Exhibit "A" Legal Description ZC 2023-05 BEGINNING at a 5/8 inch capped rebar stamped "RPLS 3949'" found at the south corner of a tract described as "Parcel 28 - Part 1" in the Deed to the Statc of Texas recorded in Volume 4259, Page 1657, Deed Records, Collin County, Texas: THENCE NORTH 25'45'02- EAST. with the southeast line of the said "Parcel 28 - Part I-. a distance of 9.64 feet to a 5/8 inch capped rebar stamped "SPOONER 5922" found at the northeast corner of "Parcel 28 - Part I". on the monumentcd southeast right of way of State Highway No. 78 (a variable width right of way as shown in Texas State Highway Department Right -of -Way Map for State Highway No. 78 dated August 1955 Z no dedicating document found): THENCE NORTH 49'03'55" EAST, with the said southeast right of way of State Highway No. 78. a distance of 229.02 feet to an angle point from which a found 5 8 itch capped rebar stamped "SPOONER 5922" bears SOUTH 88c WEST. a distance of 0.3 of a foot: THENCE NORTH 51'3637" EAST. continuing with the southeast right of way of Statc Highway No. 78. a distance of 187.07 feet to a set 1,2 inch capped rebar stamped "1PH Land Surveying", from which a found 5 8 inch capped rebar stamped "SPOONER 5922" bears NORTH 51'36'3T' EAST, a distance of 215.26 feet: THENCE though the interior of the aforementioned Wylie 33-78 tract. the following calls: 1. SOUTH 38'0728" EAST. a distance of 122.93 feet to a sct Mag Nail with washer stamped "MI Land Surveying": 2. SOUTH 51'5212" WEST, a distance of 18.00 feet to a set Mag Nail with washer stamped "JPH Land Surveying": 3. SOUTH 38'07'28" EAST. a distance of 229.15 feet to a 1 %2 inch capped rebar stamped ' 1PF{ Land Surveying" sct on the south line of the Wylie 33-78 tract; THENCE NORTH 88'34'05" WEST, with the said south line of the Wylie 33-78 tract. a distance of 527.20 feet returning to the POINT OF BEGINNING and enclosing 1.731 acres (r 75.401 square feet). Wylie Gas Station & Car Wash EXHIBIT "B" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for a gas station and car wash service use. II. GENERAL CONDITIONS: 1 The site shall be developed and uses allowed shall be in accordance with Commercial Corridor (CC) design standards, as provided in Article 4 and 5 of the City of Wylie Zoning Ordinance as adopted April 2021, except as specifically provided herein. 2. This Special Use Permit shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 3. The design and development of the Wylie Gas Station & Car Wash development shall take place in general accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. The following listed uses as defined in Article 5 of the Zoning Ordinance (adopted as of April 2021) and as depicted in the Zoning Exhibit (Exhibit "C") shall be allowed by -right: a. Car Wash b. Fueling Station c. Convenience Store 2. Section 4.1.C(3) of the Zoning Ordinance (adopted as of April 2021) shall be amended to allow for service and loading areas to be visible from a public street for Lot 2 of the Zoning Exhibit (Exhibit C) to allow for the car wash bay to face a public street. 3. The square footage of the signage depicted on the Zoning Exhibit (Exhibit C) shall be permitted. 1 3O !LINE TAME MAP WORM MNIMPE OLP XIMPUM MIN MAO VIS 10.10 i MINIMS PINIZMOM EAEMEMAETMCM LEGEND MYSIO MINIM MOWN! MM. Ass. mans • moms sasses 4,201/. WEEPY ovessississur A▪ M EM Mat 811 BUSTING LEGEND MI MM SITE DATA SLSN RY TAME • MICIMPIL "WC www NOOPONDWP MTV Ynn.et YVP..OMOWN ▪ Mat MMINBMPIMME MINIM MYMP =Arm MONO. V VW MOMMILV IMP, MONO MOVICE0 MOPP/S• SITE LEGBQ IMMEMOM O MMV Nvm MIMPO MOMMVIVILONIM W M. LIMO MOM, 1101 MVP TI▪ VINCIMOVN W IMP OEM MM. MIT ONE IVY ■ • • Iam MONT HIP SITE ENEML NOTES OMMPVL SITE PLAN MURPHY AND CNMMAMI NM VA PP 01 mn.n3 wiusm xsasnm S. w C .,.1.0 OPTION 1 T 18'6' 155.67' ///i. North Elevation 155.67' 0 0 South Elevation 14'-3" 0 n 4'3/4" 1-9"1 MURPHY' USA* 4'-0' / MAX 21.12 Sq. Ft. Changeable Copy MURPHY USA* Ethanol - Free Available National Signs S 799 Greenbriar Rd. Fate, TX. 75132 972-772-4901 37 12559 CLIENT: 8'-1" � 3.4i 7 7 3'7-1/8" J MURPHY USA* ADDRESS: Murphy USA Highway 78 & Westgate Wylie, Texas 75098 DATE: 2/25/2023 West Elevation East Elevation 85-0' SIGN GIY. HEIGHT VIM MEASF. TOTAL S.F. MURPHYUSACANOPYLOGO 1 1'-9" 14'-3" 24.76 24.7 MURPHYUSABUILDINGLOGO 1 1'-9" 14'-3" 24.76 24.76 STAR 1 6'-0" 5'9-3/4" 34.90 34.90 Canopy Gas Price Signs 6 3'7-1/8" 8'-1" 29.05 174.30 Monument MUSA/UNUDSL/EFA 1 T-1 2" 61-4" 49.88 49.88 SIGN TOTAL: 308.60 DESIGNER: SPW PROJECT MANAGER: ELECTRONIC FILE NAME: 22124 APPROVAL DATE: REV 3 CLIENT SIGNATURE: PAGE # 1 Primary SW 6252 lc* Cube LOCVY-N Alter, S. 9628 Winter Walk SW 7020 Mo* Fox Locator Plumbs: 244-C7 Primary SW 6252 lee Cube Locator Number. 257-C3 Attemate SW 9628 Winter Walk `-- 3NDynamic6958Blue Locator Number 161 C6 SW 6795 Major Blue Locator Number. 168-05 Exterior Paint Finishes (Retrofits) The attached Sherwin Williams paint colors are for design intent. Provide mock ups of each color onsite for Driven Brands final selection. 1 1 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. 2023-17 was published in said newspaper on the following date(s), to -wit: May 17, 2023 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 18th day of May, 2023, to certify which witness my hand and seal of office. Notary Pub&i /and for The State of Texas My commission expires 08/12/2024. SONIA A DUGGAN Notary ID #126646343 My Commission Expires August 12, 2024 May 17-18, 2023 CITY OF VYLIE Ordinance No. 2023-17 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 zoning on the hereinafter de- scribed property, zon- ing case ,ano, ,.2A23-05 , from.. r' tured ;Home' to Com- . me4`' 'i aAeur - 3p. •(CC -SUP: allow for, de- 4vclogmeilt' MOW vehicle, vehiclefueling station, convenience store, and car wash;' , viding for a penii, . viola- .:.:a;_xac ance; providing 'for the re- peal of all ordinances in conflict; providing a severability clause; and providing for an effec- tive date. L MOM emir