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Ordinance 2023-16L ORDINANCE NO. 2023-16 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 2023-04, 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 Special Use Permit Conditions and a Site Plan 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 2023-16 Bojangles ZC 2023-04 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 25th day of April, 2023. ATTEST: Stephanie Storm, City Secretary DATE OF PUBL atthew Porter, Mayor e Wylie News Ordinance No. 2023-16 Bojangles ZC 2023-04 Page 2 of 2 Exhibit "A" Legal Description Bojangles SUP - ZC 2023-04 Being all 0.7866 acres of Lot 1R-3-1, Block B, of the Jacobs addition. L Bojangles 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 Bojangles development shall take place in general accordance with the Zoning Exhibit (Exhibit C). III. SPECIAL CONDITIONS: 1. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan for the Bojangles Development. Approval of the SUP shall act as site plan approval. Page 1 of 1 L OZONING/0.ANNING EXHIBIT SNE 'LAN W FARM TO 3R{ RZ MPIT Waal TO • =OM TO MIME 4. Wale aril WM TOM a la Ha. Oa v out MAO. MOVE. rvfle s PROPOSED DEVELOPMENT SCHEDULE ZONING PROCESS FEB 2023 - APR 2023 CIVIL PLANS APR 2023 - JUN 2023 CONSTRUCTION JUN 2023 - OCT 2023 MOM roma 1.011 Cala anti 6 (tairoc. Cana • alms a simak 11-11161 laa mma WOMAN 202.0101E1111. aelm am lams Tas mom amino ma Mimi rilla• was * TnvO° 811 • rmonliamn SWC 02/20/23 MEET gXPUNNNG EX100 1 NORTH ELEVATION (FRONT) 3 SOUTH ELEVATION 2 WEST ELEVATION SCALE III • 1,0 6 FLOOR PLAN 4 EAST ELEVATION ti I NALE 1/1/ • Par 7 TRASH ENCLOSURE WYE IIV .1,01 OWNER APPLICANT ARCHITECT FIRST HARTFORD REALTY CORP 2529 6th Ave Fort Worth, TX 76110 Phone (817) 2304885 Contact Josh Gardner DEVELOPMENT SERVICES, INC 900 Town & Country Ln Suite 229 Houston. Texas 77024 Phone (281)732-1457 Contact Steven W Griggs. P E GENESIS DESIGN GROUP, INC 9500 Ray White Rd. Suite 200 Fort Wodh, Texas 76244 Phone (817) 285-7444 Contact Randall L Byrd email rbyrde3genewserchttects com EXTERIOR FINISH SCHEDULE DESCRIPTOR 1PR WO( NAME feERCEidErn SOW MINI; FINISH SnLE C - A EREPRAREA1 mom hiEul MIK 15r,s/cRErfeen modal, PERO-LASE LEN. IAA 01.0 .ceato MATERIAL TABULATIONS 557 •015/01A ZONING ORDINANCE "1:1"1/K71=7::=Z:17:11:EE: 7';•=1.7X r47. iFt :01 -11,1Ui,::1 THE SEEOPS SUBLAVISCP JACOBS ADIATE,1 LOE PA-3- BECKY B CrTP PROAE[r PO PREPARED DATE OA-31-21 • •—• I 0 9 L -7= 'mumIIiJ 858 SF • MI 1r411111Wini:.; Whaffird mot S REGENCY DRIVE 141;11121.11 11210Z121 _ • Proposed Bojangles Lot 1R-3-1. Block B The Shops et Wylie g3=7,11 Pa,k.aY famociates, LLC DEVELOPMENT SERVICES I— h7 DATE iiaEEiiiElEl}II!d itEl!}II!}i aEt}i!i!i li 11 } i a' F °f I iP::a?eF i! tf dd 11— SII}EI! It!1 ii.lElii,1,: �li i!'f! ij� ;i.�llt}E}lip1•ii} 9° •,:ee `tiE =eli iEla�t+}�ahiEi311;i6}�Fi3l3 l i' iEi°i ! }} lii'IRi E1/4'11 dgEt ''i}! tijill}�I V1r 1 � 161 Tij [ E,=I1iil} ii� i i`I i 1 • E `i t '�ii lllli ;I�}1�}t .E 5 Il;i!I}; I�r GEiit }I` jllr��}1}�111}II'�EIIf�'l°Ep;E.� e l a i i t° i i i "41 11 ° 111e1 91 1411111 i1IpEii 1 11 11�15'; lsila ij 1: !}• !'la 11• Ill} }i E€ t-.11tiii} ,, la! • ie 9F a Ea a it e } I• Ili i h i•' . il° ; Ett i�a•t } I E 1 1 pill E• Iti,a IE1 E• i, E6'o�i':sii:al} i }a' Is l }EI iE Iiiiii.I II .li iaP� ! i4iia •=111�,� 1 ! ;; 1 ii �! IN i iE Ne :I a 11 III a ;lift 1 ° E t I EI °}}� I lili II dErigsil; Proposed Bojangles Lot 1R-3-1, Block B c �n The[Shops et Wylie ��. otl li Parkway A.Wuel..t .r,. R oeau DEVELOPMENT SERVICES c&s 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 — Ordinance No. 2023-16 and Ordinance No. 2023-18 was published in said newspaper on the following date(s), to -wit: May 3, 2023 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 4th day of May, 2023, to certify which witness my hand and seal of office. nuGG SN1A 4634ry P3 � g1266 �� es Nota MY A gust 12' 22 Notary Public in zWfor The State of Texas My commission expires 08/12/2024. 1.11,, ;1+17\ lii<<:uci•iS ) 3;,i\ ,i,4.\1�! � ',n,�t.v " ..iz I., �iit'i''�..4, .•i ).iyi ,Ui \'!.un •1'O It, • i •1:Cnki•li'i; (\ S;i? �. May 3-4, 2023 3C 1-1t-681i CITY OF WYLIE Ordinance No. 2023-16 An Ordinance of the City of Wylie, Texas, amending the Com- prehensive Zoning Ordinance of the City ;r 3t of Wylie, as hereto- fore amended, so as to change the zoning on the hereinafter de- scribed property, Zon- ing Case No. 2023-04, from Commercial Cor- ridor District (CC) to Commercial Corridor - Special Use Permit (CC -SUP), to allow for commercial devel- opment of a restaurant with a drive-thru; pro- viding for a penalty for the violation of this or- dinance; providing for the repeal of all ordi- nances in conflict; pro- viding a severability clause; and providing for an effective date. Ordinance No. 2023-18 An Ordinance of the City of Wylie, Texas, amending the Com- prehensive Zoning Ordinance of the City of Wylie, as hereto- fore amended, so as to change the zoning on the hereinafter de- scribed property, Zon- ing Case No. 2023-02, from Commercial Cor- ridor (CC) to Commer- cial Corridor - Planned Development (CC- PD), to allow for com- mercial development of office, retail, and restaurant uses; pro- viding for a penalty for the violation of this or- dinance; providing for the repeal of all ordi- nances in conflict; pro- viding a severability clause; and providing for an effective date. 1-1t-721iJ