Ordinance 2023-54 ORDINANCE NO. 2023-54
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 2023-17,
FROM COMMERCIAL CORRIDOR (CC) TO COMMERCIAL CORRIDOR -
SPECIAL USE PERMIT (CC-SUP) ON 0.4496 ACRES TO ALLOW FOR
AUTOMOBILE REPAIR MINOR USE;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 a Zoning Exhibit and SUP Conditions are an integral component of the
development of the property and are attached as Exhibit B and Exhibit C.
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and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of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. 2023-54 SUP for V Choice Auto(ZC 2023-17) 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 12th
day December, 2023.
eatthew Porter,Mayor
ATTEST: h s
i
Stephanie Storm, City Secretary
DATE OF PUBLICATION:�ecemer 20,2623,in the The Wylie News
Ordinance No.2023-54 SUP for I"Choice Auto(ZC 2023-17) Page 2 of 2
Exhibit A
L Legal Description
Property being 0.45 acres, all of Tract 20 of the Samuel 8 Shelby Survey, located at 403 South
State Highway 78, Wylie, Texas.
L
L
1 st Choice Auto & Tire
EXHIBIT "B"
Conditions For Special Use Permit
I. PURPOSE:
The purpose of this Special Use Permit is to allow for an automobile repair use
classified as Automobile Repair, Minor.
II. GENERAL CONDITIONS:
1. This Special Use Permit shall not affect any regulations within the Zoning
Ordinance (adopted as of June 2023), except as specifically provided
herein.
2. The design and development of the automobile repair use shall take place
in general accordance with the Zoning Exhibit (Exhibit C).
3. This Special Use Permit shall automatically terminate and be rescinded
without further action by the City or City Council, and the property reverted
to the underlying Commercial Corridor zoning, should any of the follow
occur:
a. The specific Automotive Repair, Minor use, as proposed and
operated as 1 st Choice Auto and Tire, ceases normal business
operation.
b. The property and or business is not majority owned, managed, or
operated by Gazy Barwari or Newar Barwari (applicants).
III. SPECIAL CONDITIONS:
1. The development within this Special Use Permit shall be permitted to
provide 14 parking spaces in lieu of the required 18 parking spaces of the
Zoning Ordinance (adopted as of June 2023).
2. The storage of outside overnight vehicles shall be prohibited due the
accessory outside storage use not being allowed within the Commercial
Corridor zoning District per Section 5.1.J.6 of the Zoning Ordinance
(adopted as of June 2023
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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),
vvho being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Ordinance No. 2023-54
was published in said newspaper on the following date(s), to-wit:
December 20, 2023
- _ _ &Y-_ -__--- ____ ____ - - -
* S' -
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 21 st day of December, 2023, to certify
which witness my hand and seal of office.
SONIAADUGGAN
Notary ID#126646343
'1sn.✓•., ) My Commission Expires
August 1z, zoza Notary Public in an f
y- {tom° The State of Texas
My commission expires 08/12/2024_
2b23. t ,: fir
real of all°.ordi-
/s/Scott Bradley,` nances,in conflict;pro-
Mayr viding a ' severability
°%s/Kandi i*on,City clause; and providing
Secretaryr '6ttive date,
34-1t-209li 34-1061i
CITY(W"m REQUEST FOR
PROPOSA►iw
4rdi
No.2M-54 r �ItTI TEXAS
An tattce of the At
City.of Wylie, Texas, CT
amending . the com--
prehensivb; ' zoning � P,
ordinance of the -City 11erchati"f,�c
of Wylie, as hereto-
fore amended, so as Sealed proposals ad-
to change the' zoning° dressed to the atten-
on the hereinafter de- tion of Dave Leong,
scribed property, zon- Senior Buyer for the
ing case number 2023- North Texas Municipal
17, from commercial Water District, Wylie,
corridor (CC) to com- Texas will be received
mercial corridor-spe at the Offices of the
cial Fuse permit (CC= Executive Director,
SUP) on 0.4496 acres 501 E. Brown Street,
to allow for automobile Wylie, Texas 75098
repair minor'use; pro- until 10:00 AM Central
viding for penalty for on Wednesday, Janu-
the violation of this or- ary 31,'2024. Propos-