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Ordinance 2021-48 ORDINANCE NO.2021-48 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 2021-22, FROM COMMERCIAL CORRIDOR DISTRICT (CC) TO COMMERCIAL CORRIDOR - SPECIAL USE PERMIT (CC-SUP), TO ALLOW FOR COMMERCIAL DEVELOPMENT OF A RESTAURANT WITH A DRIVE-THRU; 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 Special Use Permit 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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.2021-48 ZC 2021-22 Taco Casa 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 26th day of October,2021. Matthew Porter, Mayor ATTEST: Stephanie Storm City ecretary DATEOFPUB d e 6er3"2O2d�,in e W lie News ' '13 C0 4p0 SPNSP IE RAIIWgY OF,q1q Y-P-5 , 1 Ordinance No.202148 ZC 2021-22 Taco Casa Page 2 of 2 Legal Description BLK A, Lot 5 of WYLIE RETAIL OFFICE PARK ADDITION i r1(L STATE HIGHWAY 78 (VAR/A&C WDO RlIWr IVA rI EAST-180.b ,.S m x-in a :F ol a� i M 9 F I A � ata N o o I _ o 9ii F n r � caoss — } f WEST-180 00 ro jnpss wr we i p I Ip{��el i, it L Ll SITE PLAN i 1 N te$6c G& � gx a Cl I EXTERIOR ELEVATION - LEFT SIDE DRIVE-THRU ems_ w w.n WE 77LC0,-C1fSl TACO CASA 2027 N STAi HWr 79 W E. TEMS EXTERIOR ELEVATIONS 6 EXTERIOR ELEVATION - RIGHT SIDE A4.0 1 1 f 3 i Clgal c I EXTERIOR ELEVATION -FRONT ELEVATION m.•o. .w.v mm.a PLL TACO CASA 2027 N VWE HM)9 wvliE.iEYIS EXTERIOR NOTE.&L STONE SN L BE SERER M PER MUEI{iURES RECONVENATIM ELEVATIONS Al I EXTERIOR ELEVATION - BACK ELEVATION swP vo=ra A4.1 ' Wylie Retail Office Park EXHIBIT "B" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for a restaurant with drive-in or drive- through service use. II. GENERAL CONDITIONS: 1. This Special Use Permit shall not affect any regulations within the Zoning Ordinance (adopted as of April 2021), except as specifically provided herein. 2. The design and development of the Wylie Retail Office Park development shall take place in general accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: ' 1. This SUP shall be voided, and the property reverted to the underlying Commercial Corridor zoning should the use cease and approval of a new site plan be required. "C&S Zbe 9farntereVille Cone, • Murphy Monitor • The Princeton Herald • WeSachse Nevus • THE WYLIE NEWS 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. 2021-48 & Ordinance No. 2021-50 was published in said newspaper on the following date(s), to-wit: November 3, 2021 Chad Engbrock, Publisher Subscribed and sworn before me on this,the 41h day of November, 2021, to certify which witness my hand and seal of office. 1,ev Poe SONIAADUGGAN Notary ID ii126646343 Notary Public in My Commission Expires The State of Texas August 12,2024 My commission expires 08/12/2024. MurphyiSachscRYylie Office•110 N.Ballard•P.O.Box 369•Wplie,TX 75098.972-442-5515•fax 97 2-142 43 18 FamrorseilldPrinceton Office•101 S.Main•P.O.Box 512•Farmersvillc,TX 75442•972-794-6397•fax 972-782-703 4C November 3-4,2021 CITY OF WYLIE Ordinance Ordinance No.2021-50 No.2021.48 ' ff IAn Ordinance Of,The An Ordinance Of The City Of Wylie, Texas, City Of Wylie, Texas, Amending The Com- Amending The Com- prehensive Zoning Or- prehensive Zoning Or- dinance Of The City Of dinance Of'The City Wylie, As Heretofore Of Wylie, As Hereto- Fended,By Rescind- . fore Amended, So As ing And Amending Or- To Change The Zon- dinance No. 2021-05, ing On The Hereinafter Zoning Case Number Described Property, 2020-13, To Correct, Zoning Case Number The Legal Description 2021-22, From Com- On The Planned Devel- -mercial Corridor Dis- opment - Single Fam- ' trict (Cc) To Commer- ily (Pd-Sf), To Allow cial Corridor - Special For A Single Family Use Permit (Cc-Sup), Planned Community;, To Allow For Com- Providing For APen- mercial Development alt' For The Violation Of A Restaurant With Of This Ordinance; 'A Drive-Thru; Provid- Providing For The Re- ing For A Penalty For peal Of All Ordinances The Violation Of This In Conflict; Providing, Ordinance; Providing I A Severability Clause; For The Repeal Of-' I And Providing For AnAll Effective Date, Ordinances In Conflict; Providing A Severabil- ity Clause; And Pro-. viding For An Effec- tive Date.