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Ordinance 2022-32 ORDINANCE NO. 2022-32 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 2022-03, 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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.2022-32 SUP 3201 FM 544 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 April, 2022. Z.;?,11.-47 atthew Porter, Mayor ATTEST: ! IP; � � 1 7 fj Stephanie Storm, City Secretary 1 ' DATE OF PURL �1,,�cvqa l k�✓ylie News spay{ FE. A ,% 01887( Ordinance No. 2022-32 SUP 3201 FM 544 Page 2 of 2 Legal Description Exhibit "A" Being Lot 3, Block A of the Williams Addition, City of Wylie, Texas located at 3201 West FM 544. la III PROP 1000 GAL GREASE TRAP PROP BOLLARD ELSE AND COMM CONDUITS t TVPI FROM DELIVERY STATION H&H GROUP TO DRIVE THRU ORDERING 0,6 6 86,0166 a.n • �� S 64 l5 4l""f STATION BETWEEN THE Roo, sn Ex =� 17098" ` AND THE FALSE CEILING LYLL y� MH 3..g7-��-; LP,: 8,6045601. • ��� RETAIL LINE FROM KITCHEN To GREASE TRAP ,:� BLDG.B(5833 SF) - #.. " E' J LINE FROM GREASE TRAP �I L.60B7 Sr , s TO EXIST. SEWER CONN. IESTADRAry T.17ae sr w/Di J it INSIDE BLDG Cl)>_ CONNECT TO EXIST.SEWER ) vJ E2 Lo CONNECTION INSIDE BLOC VICINITY W 0 DRIVE THRU WINDOW 'ws �' 71 `DRIVE TARE MENU BENCH MARKS. CO NE < WITH SHADE _' - -- 1..1� > X Ex IST. SEWER OUTFLOW IIII , — ^ 1 CMg2-. ^^ ' FROM BUILDING '- 2 ° Northing: 7057346.784 Ft. 3 Q,m - oo o /' gCe It_2 Fasting: 2569521.039 Ft. O L.V SIGN - \� -o' Ie-o Elevation' 550.238 Ft. U G rn ‘ii "SD -"icPo 2. CM#3. Z“oo 1 • Northing. 7053976.538 Ft. LU"T U Du vs0R - �" 2OOt Ft. Q 1 M _ I A'Rr®0. o Ct Elevation 520 t 307t U- - LP VI roar l✓ SITE&PARKING DATA 6-60' LOT 1 LOT AREA 1.35 AC. 58,806 SF n8-°- -o i°-o -o ry THE CORVETTE ADDITION N _ 21 VOL 1, PG. 522 PROP. USEAGE BUILDING-A BUILDING-B TOTAL m o COMMERCIAL 3,375 SF 4,087 SF 7,462 SF o W c " o ' I a. v1 RESTAURANT W/DT 2,440 SF 1,746 SF 4,186 SF z LOT z p o BLOCK A c ii+ ]I •�„ TOTAL BUILDING AREA: _5,815 SF 5,833 SF 11,648 SF E REPEAT OF THE WILLIAMS ADDITION • o VOL zoto. PG 296 o �° LANDSCAPE LOT COVERAGE 20% tz O a T LOT S. BLOCK A In .1'-'�I 1.315ACREs PARKING REQUIRED:1/275SF 22 SPACES 21 SPACES 43 SPACES JQ 51269 50. FT. _ REPLAY OF THE ILLIAMS ADDITION PC PARKING 2 SPACES Q �+w VOL. 2010, PG. 296 J 71 `� TOTAL PARKING PROVIDED 45 SPACES `� OD ( IuENI / �- A C Q 4 -..—_ cc o G �' NOTE: -2 o NO FLOOD NOTE: ;; =i 1/�� m w��-- J APPURTENANCES 02-17-2022 I I^a'I z DE Access DRAINAGE, BETWEEN THE Subject Tract lies within Zone "X" as scaled Irom F.LR.M. U & IRELANE EASEMENT (VOL.zmo.Pc.z96) HEIGHT OF 2' Panel 48085C0415J, Doted June 2, 2009. o r-CURB AND 9' MAY BE 70-0- BE PLACED IN .. THE VISIBILITY Zone X" - Areas determined to be outside the 0.2% annual Ex15T chance flood lain. ONE or ENTRY TRINAGLES. p - SICHi DRIVE Participating Consultants: u y UTILITY NOTE: -1130.N LLI • IP ..o^•,,,BE �-,.," �RPPAP LwE or Location shown for all utility lines on this plan ore NULL I0 10/ob/10n-RV I (SEE E 0 3.BLS aP SIGN sicHT /I approximate and extracted from the City & 7x0ot, public a ISSUE DM( 6/9/7aD-MOM Noiq ---- CLE, �'+ � 86 I information sources. Contractor shall verifythe exact locationSHEET TITLE—1 1 sass CIVIL SOLUTIONS,LEc -� ��a,- -(>�++ "Yq .yr. w �_ before construction. �wna WV! -.__. - "—� LT.-PROP F a ,. "�"..,. 1 u.ol SITE PLAN AOA 1. — rIAMP �- —. — SHEET NO. 565.-0"(MIN SIGHT DISTANCE) 30' WATER EASEMENT TO N.T.M.W.O. 565.-0'(MN. SIGHT DISTANCE) F— ti X - I— —9 C-3 Williams Addition Lot 3, Block A EXHIBIT "C" 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 in Building B of the Zoning Exhibit (Exhibit B) and the continued use of a restaurant with drive-in or drive-through service in Building A of the Zoning Exhibit (Exhibit B). 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 Williams Addition Lot 3, Block A development shall take place in general accordance with the Zoning Exhibit (Exhibit B). III. SPECIAL CONDITIONS: 1. The restaurant with drive-in or drive-thru use in Building A shall be allowed as a condition of the SUP and as generally depicted on the zoning exhibit. The Building B restaurant shall be limited to a maximum of 1,800 square feet. The combined allowable maximum size of all restaurants shall be 4,200 sq.ft. 2. The overall parking for the site shall be at a ratio of 1:275 requiring a minimum total of 43 parking spaces. 3. A restaurant without drive thru use shall be prohibited as a use on this site. 4. The Zoning Exhibit (Exhibit B) shall serve as the Site Plan for the development. Approval of the SUP shall act as site plan approval. CSDle ajarmt'rsUille Eunce • Murphy Monitor • The Princeton Herald • 74-Sa.h.k News • THE WYLIE NEWS 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—Ordinances No. 2022-32, 2022-33,2022-34 and 2022-35 was published in said newspaper on the following date(s),to-wit: May 4, 2022 Cjilliti Chad Engbrock, Publisher Subscribed and sworn before me on this, the 5th day of May, 2022, to certify which witness my hand and seal of office. Notary ublic 'n for ' The State of lei o� SONIA A DUGGAN o`%`(1, Notary ID#126646343 sit^�, My Commission Expires My commission expires 08/12/2024. r, �4_4, August 12,2024 lurphy;Sachse'Wylie Office• 110 N.Ballard•Y.O.Box 369•Wylie.TX 75098.972-442-5515 Fanncrsvilk:!Princcton(Alice• 101 S.Main•P.O.lion 312•Ittrmersvillc.'I\75442•972-784-6397 Ordinance No.2022-35 An Ordinance Of The City Council Of The City Of Wylie, Texas, Amending Wylie's Code Of Ordinances, Ordinance No. 2021- 17, As Amended, Chapter 82 (Peddlers And Solicitors),By Re- CITY OF WYLIE 1 Pealing Or Amending I Sections 82-1 Defini- Ortfterkee Ordinance, Ord No.1622-34 tions,By Repealing Or No ZQ 2.32 No.2022-33 Amending 82-2 (Un- An O.di as `The lawful Solicitation And An Ordinance Of The An Ordinance Of The Handbill Distribution), City Of Wylie, Texas, ounce f The 82-3 (Supervision Of City Of Wylie, Texas, City Of Wylie, Texas, Amending The Com- Child Solicitors), 82-4 Amending 'The Com- Amending Ordinance prehensive Zoning Or- prehensive Zoning Or- No. 2015-09 Of The (Permit Or Certificate dinance Of The City dinance Of The City City Of Wylie (The Of Registration— Of Wylie, As Hereto- Of Wylie, As Hereto- Zoning Ordinance, As Grounds For Denial fore Amended, So As fore Amended So As Amended), Article 6, +6 ncatioith 82 To Change'The Zon- To Change The. Zon- Section 6.3, Down- (fie—Appeal From ing On The Hereinafter ing On The Hereinafter town Historic°District; Denial Or Revocation), Described Property, Described $2-31 (Exceptions To Zoning Case Number Zoning Amending. Certain Article), 82-32 (Regis- Zoning Case Numbs Regulations;Providing 2022-03, From Com- 2Q2244 raffi ,, ,�- tration Statement),82- mercial Corridor Des ` """ " A Penalty.Clause'Sav- 33 (Registration Fee), mercial Corridor (C )`' Ljq,ge, trict (Cc) To Commer- 82-34 (Certificate Of To Planned Develop- cial Corridor - Special went - Commercial Severability Clause Registration Issuance, Use Permit (Cc-Sup), Industrial (Pd-Ci), lb And Effective Duration ation And Form), To Allow For Com- Allow For Induatriid Date; And Providing 82-35(Solicitor's Iden- mercial Development And Commet The Publication Of lineation),82-36(pub_ Of A Restaurant With : velopment; Proved- The Caption Hereof. Disclosure), 82.7 A Drive-Thru; Provid- ing For A Penalty For (Exhibiting Card Pm- ing For A Penalty For The Violation Of This hibiting Solicitors And Handbill Distributors), The Violation Of This Ordinit ; Providing $2-71. (Exceptions To a , a : ace, Providing ForThe Repeal Of All Arliticle), 82-72 For The Repeal Of All Ordinances In Conflict; pArcation For P Ordinances In Conflict; Providing A Severabil- 82-73 (Permit Fee)Providing A Severabil- ity Clause; And Pro ), ity Clause; And Pro- viding For An Effec- 82-74 (Exemptions viding For An Effec- tine Date. Permit Fee), 82- five Date. e `lce; Duration And Form), 82-76 (Solicitor's And Handbill Distributor's Information), And 82- 77(Public Disclosure); Providing A Savings/ Repealing Clause, Severability' Clause, Penalty.. .Clause And An Effective Date; And Providing For The Publication Of The Caption Hereof. Iot-it_166 j