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Ordinance 2023-29 ORDINANCE NO.2023-29 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING I CE OF THE CITY OF WYLIE, AS HERETOFOREE , SO AS TO CHANGE T ZONING ON THE HEREINAFTER DESCRIBEDPROPERTY, ZONING CASE NUMBER 223-0 , FROM AGRICULTURAL (AG/30) TO LIGHT INDUSTRIAL - SPECIAL USE PERMIT ( I-SUP) TO ALLOW FOR AN ELECTRIC SUBSTATION - BATTERY BACKUP USE;PROVIDING FOR A PENALTY FOR THE VIOLATION THIS DIAC ; PROVIDING FOR THE RFPEA1L OF ALL ORDINANCES I 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 ended; NOW, THEREFORE BE IT ORDAINEDCITY COUNCIL THE CITY OF YLIE,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 Light Industrial-Special Use Permit,said property being described in Exhibit A(Legal Description),hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 3 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 as described in Exhibit B (SUP Conditions) and Exhibit C (Zoning Exhibit). SECTION 4: 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 5: 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 6: 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. Ordinance No.2023-29 Special Use Permit for Bufflehead Page I of 2 SECTION 7: 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 1 lth day of July,2023. «� <,a atthe Porter,Mayor ATTEST: ZI IT Steph ie Storm,�Clty=ecreta�r� ?4 i DATE OF * 3 � rly 9 20aie Wylie News. Ordinance No.2023-29 Special Use Permit for Bufflehead Page 2 of 2 Exhibit "A" Legal Description 1011 East Brown Street, Wylie, Texas being all of 7.894 acres of Tract 53, Abs A0688 F De La Pina Survey. EXHIBIT B SPECIAL USE PERMIT ZONING PROVISIONS 1. Purpose: This Special Use Permit is to allow for a Battery Energy Storage use that connects directly to the neighboring Oncor substation to provide reliability and resilience to the electric grid. ll: General Regulations: A. All regulations of the Wylie Zoning Ordinance (as of March 2023) shall apply, except as otherwise specified by this Ordinance. lllt Specific Regulations: A. The Electric Substation or Gas Regulator Station use as defined in the Wylie Zoning Ordinance (as of March 2023) shall be modified to allow for Battery Energy Storage. B. Detention will be provided for the site via an offsite detention basin on the adjacent Oncor Parcel as shown in the Zoning Exhibit and shall be in place prior to completion of construction. C. Required landscaping along Eubanks Lane and East Brown Street shall be a minimum ten feet non-irrigated greenspace buffer outside of perimeter 8' board on board wooden fence. D. There shall not be any required parking as allowed by Section 5.G.1 of the Zoning Ordinance. Service areas as depicted on the Zoning Exhibit shall be provided to ensure maintenance vehicles do not block the fire lane. i A a m � r ire �r r In IT wt Ml r � r r�rrr�r/�� r "✓✓` r r ,rr�f-,''= �� ��.�'� '����,�, � "` '' �,. �..,rf''r„'"rrr✓r' I j` 'w,,rri- ' _ ,re. �'`. „ t-4 x ® r x� r f �. �I r.< '�<r ..... As .,�. af?W`a'TAL N6'sW°s mom 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 i Collin County, Texas and having general circulation in Collin County, Texas, and being in compliance with Section 2051.04 , Texas Government Code (a); (1), (2), (3) and O, who being by me duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice—Ordinances No. 3- o. 2023-29 was published in said newspaper on the following date(s), to-wit: July 19, 2023 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 20th day of July, 2023, to certify which witness my hand and seal of office. r sst I4 1b '4 ➢$ ���4f&tCt18S�ar7�k:%-e`� Notary Public in an r The State of Texas y commission expires 08/12/2024. g1rIllt 5s,ci,i,.1, t �`Pia' k(ii'� a5 i1ti;f Pia 1' ,e « "-Vv"h; r X 97 i as ¢;r,1:114'a stt Ui{i(c a M; 5 5!°. v 6 ®� �� Ordinance No 2 23-29 �+ FCrrY An ordinance of the j r Ordinance City, of Wylie, Texas, i o.2023-28 amending the Com- prehensive Zoning i An ordinance of the Ordinance of the City City Council of the of Wylie, as hereto- City of Wylie, Texas, fore amended, so' as amending Wylie's to change the zoning :Code of Ordinances, on the hereinafter de- Ordinance No. 2021- scribed property, on- 11, as amended, Ap- ing Case No. 2023- peudix C (Wylie 08, from Agricultural Comprehensive Fee (AG730) to Light In- Schedule), Section 1 diistrial — Special Use (water and sewer fees), Permit (LI-5 ) to al- Subsection b (water low for an electric sub- rates),' Subseetioll C station —'battery back- (sewage collection and up use; providing for treatment rates); pro- a penalty for the viola- viding for a penalty for tion of this'ordinance; the violation of this or- providing for the 're- din ce; providing for peal of all ordinances repealing, savings and in conflict;providing a severubility clauses; severability clause;and providing for an effec- providing for an effec- tive date of this ordi- tive date. nance; and providing for the publication of �12-1t-68]it the caption of this or- dinance.