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Ordinance 2023-05 ORDINANCE NO.2023-05 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 2022-16, FROM DOWNTOWN HISTORIC DISTRICT (DTH) TO DOWNTOWN HISTORIC DISTRICT-SPECIAL USE PERMIT(DTH-SUP)TO ALLOW FOR A BREWERY, EVENTS CENTER,AND FOOD TRUCK PARK;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 Downtown Historic District - 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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.2023-05 Special Use Permit for Glen Echo Brewery(ZC 2022-16) 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 24th day of January, 2023. Matthew Porter, Mayor ATTEST: / "4)1\49d1ML jteiC Stephanie Storm, City Secretary DATE OF PUBL to uary I,;2fQ23;in:the Wylie News Ordinance No.2023-05 Special Use Permit for Glen Echo Brewery(ZC 2022-16) Page 2 of 2 I_J ( U UOMMLKUAL ANU KtJIUtN UAL ' "" -- —" }+ BOUNDARY, TOPOGRAPHIC, do CADDO MILLS, TX 75135 oho a n d dry O I U O n S ALTA/AGSM LAND TITLE FAX:C y72 7829 76111 72 :Rio/ea,,i na,/ eecn(/.fic4r-t=e a"a:v SURVEYS EMAIL: mbusby_bsiOyahoo.com SRS = STEEL ROE SET SPF = STEEL ROD FCDND EXHIBIT A i l (Bearing Basis' J 89'00 00' ,.. j _ — 109.70. 5/8"PIPE c p;. SIB P;P 2 FOUND r c....:: - _— - FOUND I � E. i Conc. 0 L s+ aN R c E BLOCK 2 _ >, L. 1-Jki/ll,-, �.ea ,, OF c % - °i sq i .'di I ✓•IRS? ADDiriCt`. Qj ? • L o ;`CL. r, PG. 574 p Z .. "� `,, L , I , , , , , H ,.oio"'SRS n � 5,/B°SRS 89 D 'u0 v 1L✓ vn.� a' 1 "=30' STATE OF TEXAS COUNTY OF COLLIN Lot R—1, Block 2. of a REPLAT OF PART OF LOT 9 AND PART OF LOT 10, BLOCK 2 OF W.J. KELLER'S FIRST ADDITION, an Addition to the City of Wylie, Collin County, Texas, according to the map or plat thereof recorded in Volume F, Page 574, Plat Records. Collin County, Texas. Note: Bearings based on recorded plat (Vol. F, Pg. 574). Note: Verify exact location of underground utilities prior to construction. Note: All 5/8 inch steel rods set have red plastic cap stamped "Boundary Solutions" Certified to: Wylie Economic Development Corporation, and/or assigns and Fidelity National Title Insurance Company The plat as shown hereon was prepared from an on—the—ground survey performed under my supervision during the month of June, 2015; the visible improvements on the ground are as shown on the survey; there are no visible intrusions, protrusions, overlapping of improvements or conflicts found except as shown on the survey plat. June 2. 2015 ,F:iaEa 4te`.:- Revised, 8-5-15 til *_.� J:, Add Certified to • MAML11BUSBY ---- �L f 5751 Matthew Busby G.F.# 1901351500047 1�9,y s �tl!`ciJ��� R.P.L.S. No. 5 751 Address: 106 N. Birmingham • SU(l BND.SOL. Job#r 1505-032 0 Copyright 2015 Boundary Solutions,Inc.The content,odor,and style of this plat protected by Copyright and a1 rights are reserved. EXHIBIT"B" Special Use Permit—Downtown Historic District(DTH) 106 N Birmingham Street ZC 2022-16 I. PURPOSE: 1. The purpose of this Special Use Permit is to allow for the Brewery, Brew Pub, Food Truck Park,and Events Center uses within the Downtown Historic District using the existing building located at 106 N Birmingham Street 2. By definition, a Brewery and Brew Pub, unless otherwise preempted by state law, is a facility for the manufacture, packaging, labeling,storage,distribution,and selling for on-and off-premises consumption of beer and malted beverages. II. GENERAL CONDITIONS: 1. This exhibit shall not affect any regulations within the Zoning Ordinance(adopted as of April 2021 and amended April 2022),except as specifically provided herein. 2. The design and development of the Brewery shall be in accordance with Section III below and the Zoning Exhibit (Exhibit B). III. SPECIAL CONDITIONS: A. Permitted Uses 1. This SUP will allow Brewery& Brew Pub as a permitted use within Downtown Historic District as follows: • Beer and/or wine may be sold for on-and off-premises consumption in accordance with the Texas Alcohol Beverage Code,as it exists or may be amended. • The total revenue from the sale of beer and/or wine may be up to 100%of the total revenue of the business. • The location of the use shall not be restricted by the distances to other Beer& Wine Package Sales establishments, churches, schools,city parks, or residences, as defined in Section 5.2.F.23 or any other distance restriction to other businesses defined in the Zoning Ordinance. • The manufacturing of beer and/or malt beverages will be allowed on site.The production and packaging of beer and/or malt beverages will take place inside the facility, however,the fermentation process may be allowed to take place in specially designed tanks located outside the building. If outside tanks are used in the future,they will be secured by fencing but not screened from public view as they add to the aesthetic of the Brewery. Fencing will consist of chain link or similar open-web wire mesh material secured to a metal frame and located in close proximity to the tanks. 2. The Food Truck Park Use shall be allowed on site to provide service during the defined hours of operation of the Brewery. 3. The Events Center Use shall be allowed on site. Some or all the site may be used to host a private event,celebration,ceremony, reception, corporate function,or similar activity subject to a use agreement between a private group or individual and the facility owner. 4. Hours of operation for the purpose of serving customers or events shall be limited to the following hours of operation for the sale of beer and wine as allowable by the Texas Alcoholic Beverage Commission, currently: • 8:00 AM —9pm Monday thru Thursday • 10:00 AM—midnight on Friday-Sunday Hours of operation for the manufacture, packaging, labeling,storage,and distribution of beer and malted beverages may extend outside of these times and will be limited to activities inside the facility if occurring during non-standard hours. B. Downtown Historic District Development and Design Standards 1. Site Design Standards • The shade cover proposed shall be constructed within 4 feet of the front property line. • Parking for Nonresidential Uses—Onsite parking will not be required for the subject property. 2. Architectural Design Standards- • The color palette for the building shall be in general compliance with the exhibits provided in Attachment C,which match the trademarked colors of the proposed Craft Brewery and add to the image and appeal of the structure. 3. Signs—The provisions of Section 6.3 of the Zoning Ordinance shall not apply to this SUP and shall be replaced with the following: • Signs shall be constructed of materials that are not subject to deterioration as determined by the International Building Code and/or the City of Wylie Building Official. Internally illuminated signs must be constructed of non-combustible material or approved plastics. • A single,decorative sign will be allowed to be installed on the roof, above the cornice line of the building face,similar to the exhibits contained in Attachment C.The maximum allowable area of this sign shall not exceed 100 square feet and the sign shall be limited in height to the top of the adjacent buildings. • Additional signage, including artwork and murals,will be allowed on all building facades.Content of such artwork shall be related to the business and/or the historic nature of the City of Wylie. IV. General Development Regulations 1. Screening of mechanical equipment is not required for this existing structure. 2. Residential Style Trash receptacles will be placed behind the existing building without screening. 3. A Traffic Management Study will not be required. 4. The requirements of Section 7.7 Landscape Requirements do not apply. mi EXHIBIT C SITE PLAN 106 N.BIRMINGHAM Si. N ,����cko 9/26/12 PROPERTY OWNER: DRAWINGS PREPARED BY, Legend .-,' ��W'NE MC sTEYER PsuROEREXAsE.n Property Boundaries '1.1..1 25059R 91 riffIPI9 MOSS RIDGE 0040 OE ES 15091 PRRXER IX 15002 Streets/Alleys ✓y E9111N11901 I]111619111] On-site Pavement I' l / — 1AS011@Y ERE90CDM SCHUEREXRSE@e9ERIlORRn Utility Services ws Seale:1-1a Adjacent Buildings rvi au rvoyve due la*Luse Irmtat one ar P • .1.1.0I. : I L t • ,Cam..� ., // . I i I ' I. / j I I 1 EXISTING SITE PLAN dewst 0 frVREIVARENDERS PROPERTY OWNER: MEM 250SSIIII ME.TX/5091 (912)442 1901 ASONPIMMEOC COM .,.. ,.. . . L. . Skfie,ChAg. . I. . Ainamor i A- 1114 riciaift lik 4 i • ill. ..L' 1 k . 1 • - , ,. .. 1111110int- 1 , ... ' 1 , NW PERSPECTIV*, , ... 8i&lecho- 1, . ....... _ , • t , • 2 i - , :7,..• 7 7 . iiiier, - -- - -- - I - 'A !,..t. lat . . • • , .. t; :!1,, .,, .., . 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