Ordinance 2022-040
9
INANCE NO. 2022-04
AN 0 ' 1 INANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING 0 ' 1 INANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE
HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2021-23,
FROM COMMERCIAL CO ' ' DOR TO COMMERCIAL CO' IDOR - SPECIAL
USE PE ' IT (CC -SUP), TO ALLOW FOR COMMERCIAL DEVELOPMENT OF
A RESTAU ' • NT WITH DRIVE-IN OR DRIVE-THRU SERVICE; PROVIDING
FOR A PENALTY FOR THE VIOLATION OF THIS 0 ' 1 INANCE; PROVIDING
FOR THE REPEAL OF ALL 0 ' 1 INANCES IN CONFLICT; PROVIDING A
SEVE • BILITY 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 0
WYLIE, TEXAS:
'1
AINED BY THE CITY COUNCIL OF THE CITY OF
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, 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and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of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. 2022-04 — Victory at Wylie Page 1 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 25th
day ofJanuary, 2022.
atthew Porter, Mayor
ATTEST:
Stp..:pliahie. Storm, City Secretary
DATE OF PUBLY CAT(C).iMtfOlt0 News
0188.
Ordinance No. 2022-04 — Victory at Wylie
Page 2 of 2
BEING a tract of land situated in the S.B. Shelby Survey, Abstract Number 820, in the City of Wylie, Collin
County, Texas, and being that same tract of land described by Deed to Wylie Industrial Court
Development, LTD., as recorded under Document Number 20070622000861130, Official Public Records
of Collin County, Texas, together with tract of land described by deed to the Wylie Industrial Court
Development, LTD., as recorded under Document Number 20210226000378500, Official Public Records
of Collin County, Texas, and together with Lot 1 of Railroad Industrial Park, an addition in the City of
Wylie, Collin County, Texas, according to the plat as recorded under Cabinet C, Slide 748, Plat Records of
Collin County, Texas, the subject tract being more particularly described by metes and bounds as follows
(bearings are based on State Plane Coordinate System, Texas North Central Zone (4202) North American
Datum of 1983 (NAD '83)):
BEGINNING at a 5/8 inch rebar found for the northeast corner of said Wylie Industrial Court
Development, LTD. tract (Document Number 20070622000861130), same being the northeast corner of
the herein described tract;
THENCE South 03 degrees 26 minutes 21 seconds East, with the east line of said Wylie Industrial Court
Development, LTD. tract (Document Number 20070622000861130), a distance of 88.79 feet to a 5/8
inch rebar found at the southeast corner thereof and the northeast corner of said Wylie Industrial Court
Development, LTD. tract (Document Number 20210226000378500);
THENCE South 01 degrees 45 minutes 57 seconds East, with the east line of said Wylie Industrial Court
Development, LTD. tract (Document Number 20210226000378500), a distance of 57.72 feet to a point
for the southeast corner thereof from which a 5/8 inch rebar found bears North 66 degrees East, a
distance of 1.84 feet;
THENCE South 51 degrees 46 minutes 27 seconds West, with the south line of said Wylie Industrial Court
Development, LTD. tract (Document Number 20210226000378500), a distance of 169.17 feet to a 1/2
inch rebar with pink cap stamped "BARTON CHAPA" set at the southwest corner thereof;
THENCE North 41 degrees 00 minutes 20 seconds West, with the west line of said Wylie Industrial Court
Development, LTD. tract (Document Number 20210226000378500), passing the northwest corner
thereof, same being the northwest corner of said Wylie Industrial Court Development, LTC. Tract
(200070622000861130) continuing and passing the northwest corner of said Wylie Industrial Court
Development, LTC. Tract (200070622000861130), same being the southwest corner of said Lot 1 and
continuing for a total distance of 209.67 feet to a 5/8 inch rebar with an illegible red cap found at the
northwest corner of said Lot 1;
THENCE North 36 degrees 44 minutes 49 seconds East, with the north line of said Lot 1, a distance of
54.03 feet to an "X" cut found at the beginning of a curve to the right, having a radius of 108.35 feet,
with a delta angle of 50 degrees 56 minutes 17 seconds, whose chord bears North 62 degrees 12
minutes 32 seconds East, a distance of 93.19 feet;
THENCE along said curve to the right, with the north line of said Lot 1, an arc length of 96.33 feet to a
5/8 inch rebar found at the northeast corner thereof, same being the northwest corner of said Wylie
Industrial Court Development, LTD. tract (Document Number 20070622000861130);
THENCE North 87degrees 4Ominutes 44seconds East, with the north line ofsaid Wylie Industrial Court
Development, LTD., a distance of 148.67 feet to the POINT OF BEGINNING and enclosing 1.038 acres
Victory at Wylie
EXHIBIT "B"
Conditions For Special Use Permit
I. PURPOSE:
The purpose of this Special Use Permit (SUP) is to allow for the development of a
commercial site to include one structure with a restaurant with drive-in or drive -through
service use and provide for certain variances to regular zoning ordinance requirements.
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 other regulations within the City of
Wylie Zoning Ordinance as adopted April 2021, except as specifically provided
herein.
3. The design of the Victory Wylie development shall take place in general
accordance with the Zoning Exhibit (Exhibit C).
III. SPECIAL CONDITIONS:
1. A restaurant with drive-thru shall be allowed as a condition of the SUP and as
generally depicted on the zoning exhibit.
2. The maximum size of the structure shall be 10,000 square feet. Restaurant
uses shall be limited in size as follows:
Restaurant Type
Restaurant with drive-thru
Maximum size
1,800 square feet maximum
Restaurant without drive-thru (full -seating)
Restaurant without drive-thru (limited -
seating)*
All Restaurant uses**
2,100 square feet maximum
1,500 square foot maximum
4,800 square foot maximum
*limited seating is a maximum of one seat per 150 square feet of floor area
** Total maximum is less than each allowed use maximum in order to facilitate minimum
parking requirements.
3. Parking for `limited -seating restaurants' shall be one space per 150 square feet.
Parking shall be allowed along and into the Industrial Court right-of-way as
depicted on the zoning exhibit. Parking spaces shall be a minimum of 9'x18'
onsite and 10'x20 along Industrial Court. Angled parking shall be allowed in
two-way drive aisles.
4. The landscape buffer along State Highway 78 and Birmingham street frontages
shall be a minimum of 10'. Neither a tree preservation survey nor tree
mitigation shall be required for development of the site.
y4!
SITE PLAN
C3.0
iformerirbille Elates' • Murphy Monitor • The Princeton Herald • We Sachs e NCWS • THE WYLIE NEWS
e a
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 Nos. 2022-04, 2022-05, 2022-06, 2022-7, 2022-08
was published in said newspaper on the following date(s), to -wit:
February 2, 2022
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 10th day of February, 2022, to certify which
° witness my hand and seal of office.
4
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vat, a an ip _Av. a a at
SONIA A DUGGAN
• Notary ID #126646343
▪ My Commission Expires
August 12, 2024
ota t tic ;41 ft
The State of T
My commission expires 08/12/2024.
Murphy/Sachsei he Office • I 10 N. Ballard • P.O. Box 369 • Wylie. TX 7.5098 • 972-442-5515
FarmersvillciPrinceton Office • I 01 S. Main • P.O. Box 512 • Farmersville. TX 75442 • 972-784-6397
CITY OF WYLI:
Ordinance
No. 2022-04
An Ordinance Of The
City Of Wylie, Texas,
Amending The Com-
prehensive Zoning Or-
dinance.. Of The City
Of Wylie, - As Hereto-
fore Amended, So . As
To Change The Zon-
ing On The Hereinafter
Described Property,
Zoning Case. Number
2021-23, From Com-
mercial Corridor To
Commercial: Corridor
-', Special :Use Permit
(Cc -Sup), To Allow.
For Commercial De-
velopment
Of A Res-
taurant With. Drive -In
Or Drive-Thru Service;
Providing For A Pen-
alty For The Violation
Of This ' Ordinance;
Providing For The Re-
peal Of All Ordinances
In Conflict; Providing
A Severability Clause;
And Providing For An
Effective Date.
Ordinance
No. 2022-05
An Ordinance Of The
City Of Wylie, Texas,
Amending Chapter 110
(Traffic And Vehicles)
Of Article Vi. _(Stop-
ping, Standing, And
Parking) Of Section
110-173 (Stopping,
Standing, Or Parking
Prohibited In Certain
Places) Of The Wylie
Code Of Ordinances;
Removing Section
110-173(A)(10)(I) Re-
garding The Prohibi-
tion Of Parking Along
Certain Sections Of
Industrial Court; Pro-
viding For Repealing,
Savings And Severabib
ity Clauses; Providing
For An Effective Date ..
Of This Ordinance;
And Providing For The
Publication Of The
Caption Hereof.
Ordinance
No. 2022-06
An Ordinance Of The
City Of Wylie, Texas,
Amending The Com-
prehensive Zoning r
dinance. Of The City
Of Wylie, As Hereto-
fore Amended, So As
To Change The Zon-
ing On The Hereinafter
Described Property,
Zoning Case Number
2021-26, From Planned
Development - Com-
mercial. Corridor (Pd-
Cc) To Planned. Devel-
opment - Multi -Family
(Pd-Mf), To Allow For 1'
Residential Develop-
ment Of An Age-Re-
trlcted, Affordable,
1 lttlti arnily Facility;>
Providing For A Pen-
alty For The Violation
Of This Ordinance;
Providing, For The Re-
peal Of All Ordinances
t a n lia; Providing
A verability Clause.„
And Providing For An
Effective Date.
An Ordinance Of The
City Of Wylie, Texas,
Amending The Com-
prehensive Zoning Or-
dinance - Of The City
Of Wylie, As Hereto-
fore Amended, So As
To Change The Zon-
ing On The Hereinafter
Described Property,
Zoning Case Number
2021-25, From Light
Industrial To Light In-
dustrial - Special Use
Permit (Li -Sup), To
Allow For Industrial
Development ' Of An
Electric Substation
With , Updated Com-
munications Tower;
Providing For A Pen-
alty For The Violation
Of This Ordinance;
Providing For The Re-
peal Of All Ordinances,.,,
An Ordinance Qf The
City Council, Of The
City Of Wylie Texa;
Amen mg
Code Of Ordinances,.
Ordinance No. 2021
17, As Amended;
Appendix C (Wylie
Comprehensive Fee
Schedule), Section Ii.
(Garbage, Trash, And
Brush Fees), Subsec-
tion A , (ResidentialZ
Fee; Deposits); Provid-
ing For A Penalty For
The Violation Of This
Ordinance; Providing
For Repealing, Sav-
ings And Severability'
Clauses; Providing For
An Effective Date Of
This Ordinance; And
Providing For The
Publication Of The
Caption Of This Ordi-'
nance.