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Ordinance 2023-18ORDINANCE NO. 2023-18 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 2023-02, FROM COMMERCIAL CORRIDOR TO COMMERCIAL CORRIDOR - PLANNED DEVELOPMENT (CC-PD), TO ALLOW FOR COMMERCIAL DEVELOPMENT OF OFFICE, RETAIL, AND RESTAURANT USES.; 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 l : 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 - Planned Development (CC-PD), said property being described in Exhibit A (Legal Description), hereto and made a part hereof for all purposes. SECTION 2: That Planned Development Conditions and a Zoning Exhibit 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 2023-18 Kreymer Retail ZC 2023-02 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 Matthew Porter, Mayor the Wylie News Ordinance No. 2023-18 Kreymer Retail ZC 2023-02 Page 2 of 2 L BEING a 10.31 acre tract of land out of the Francisco De La Pena Survey, Abstract Number 688, situated in the City of Wyle, Collin County, Texas, being all of that certain tract of land conveyed to KPM Ventures, LTD by deed of record in Document Number 20071129001600770 of the Official Public Records of Collin County, Texas, also being a portion of Lots 1, 2, 3, 4, and 5 of Wylie Ranch East Commercial Park, a subdivision of record in Cabinet C, Page 8 of the Plat Records of Collin County, Texas and being more particularly described by metes and bounds as follows: COMMENCING, at a 1/2 inch steel pin found in the South right-of-way line of State Highway Number 78 (right-of-way varies), being the Northwest corner of Lot 6 of said Wylie Ranch East Commercial Park, also being the Northeast corner of a called Parcel 1 - 0.1678 acre tract of land conveyed to the State of Texas by deed of record in Document Number 20111118001255520 of said Official Public Records; THENCE, S00°54'22"W, along the South right-of-way line of State Highway Number 78, being the East line of said Parcel 1 - 0.1678 acre tract, also being the common West line of said Lot 6, a distance of 7.54 feet to a 1/2 inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the Southeast corner of said Parcel 1 - 0.1678 acre tract, for the POINT OF BEGINNING and Northeast corner of said KPM Ventures, LTD tract and hereof; THENCE, S00°54'22"W, leaving the South right-of-way line of State Highway Number 78, along the West line of said Lot 6, being the common East line of said Lot 5 and said KPM Ventures, LTD tract, a distance of 486.73 feet to a 1/2 inch iron rod found in the North line of Lot 4 of Wylie Ranch East Phase One, a subdivision of record in Cabinet B, Page 277 of said Plat Records, being the Southwest corner of said Lot 6, also being the Southeast corner of said Lot 5, said KPM Ventures, LTD tract and hereof; THENCE, N88°42'26"W, along the North lines of Lots 1-4 of said Wylie Ranch East Phase One, being the common South lines of said Lots 1-5 of Wylie Ranch East Commercial Park and said KPM Ventures, LTD tract, a distance of 862.69 feet to a 5/8 inch iron rod with yellow plastic cap stamped "BURY & PARTNER" found in the East right-of-way line of Kreymer Lane (60 foot right-of-way), being the Northwest corner of said Lot 1 of Wylie Ranch East Phase One, also being the Southwest corner of said Lot 1 of Wylie Ranch East Commercial Park, said KPM Ventures, LTD tract and hereof; THENCE, along the East right-of-way line of Kreymer Lane, being the common West line of said Lot 1 of Wylie Ranch East Commercial Park and KPM Ventures, LTD tract, the following three (3) courses and distances: 1. N00°54'22"E, a distance of 5.27 feet to a 5/8 inch iron rod with yellow plastic cap stamped "BURY & PARTNER" found at the point of curvature of a non -tangent curve to the left; 2. Along said non -tangent curve to the left, having a radius of 480.00 feet, a chord bearing of N15°19'39"W, a chord length of 267.97 feet, a delta angle of 32°25'04", an arc length of 271.58 feet to a 5/8 inch iron rod with yellow plastic cap stamped "BURY & PARTNER" found at the point of curvature of a reverse curve to the right; 3. Along said reverse curve to the right, having a radius of 420.00 feet, a chord bearing of N15°56'48"W, a chord length of 227.49 feet, a delta angle of 31 °25'33", an arc length of 230.36 feet to an "X" cut in concrete set at the intersection of the South right-of-way line of State Highway Number 78 and the East right-of-way line of Kreymer Lane, being the Southwest corner of said Parcel 1 - 0.1678 acre tract, also being the Northwest corner of said KPM Ventures, LTD tract and hereof; THENCE, S89°07'47"E, along the South right-of-way line of State Highway Number 78, being the South line of said Parcel 1 - 0.1678 acre tract, also being the common North line of said KPM Ventures, LTD tract, a distance of 1003.53 feet to the POINT OF BEGINNING and containing an area of 10.31 acres (449,243 square feet) of land, more or Tess. Kreymer Retail EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT PD ZC 2023-02 I. PURPOSE: The purpose of this Planned Development is to create a commercial environment with a focus on commerce, dining and office uses. II. GENERAL CONDITIONS: 1. Unless otherwise explicitly stated in the PD, all variations are from the City of Wylie's Zoning Ordinance as amended April 2021. 2. This Planned Development shall not affect any regulations of the aforementioned Zoning Ordinance except as specifically provided herein. 3. The underlying zoning for this Planned Development District shall be Commercial Corridor (CC). 3. The development shall be in general conformance with the Zoning Exhibit. III. SPECIAL CONDITIONS: 1. The following uses as defined in the Commercial Corridor District (CC) shall be expressly permitted by right on the subject property: a. Convenience Store b. Restaurant with Drive -In or Drive-Thru Service (Lots 1, 2, and 4, only) c. Food Truck Parking d. Alcohol/Liquor Uses, which shall be exempt from distance requirements from churches, public hospitals, public schools and private schools 2. The following uses as defined in the Commercial Corridor District (CC) shall be expressly prohibited on the subject property: a. Sexually Oriented Business b. Equipment Rental c. Automobile Rental d. Car Wash e. Vehicle Display, Sales or Service f. Any and all uses listed under Sections 5.2.H and 5.2.1 of the Zoning Ordinance 3. Lots 1, 2, and 4 shall have a minimum building size of 1,800 sq ft., 13,000 sq ft., and 800 sq ft., respectively. 4. Section 22-448.a(4) of the Sign Ordinance shall be amended to allow for off premises signage for all pad sites within the Planned Development to allow for multi -tenant signage on Lot 1, Lot 2, & Lot 4 as generally shown on the Zoning Exhibit. 5. Section 3.1.B(4) of the Subdivision Regulations shall be amended to allow for a 24' access easement connecting to Kreymer Lane to replace the requirement of requiring 30' of street frontage for lots 7-10 of the Zoning Exhibit. 6. The development shall provide screening along the southern border with the planting of ornamental trees and a hedge 3' in height. J HOODPIAIN I, MIMI. 11 Ar—VIC1 .e• MC Rh '0. .u. —1F-E-7411--`01 m . . iliCiiiiill igiElliii kV:#7 iti.4 ' I MIF.ssof 0 / it 111111. __ ORTICUTEOPMElliii," ' liiiiiibr., '-.14-Trilffrfii "WM A 10 miti a Inc' , A Ha Di L A11110 12 131111 rom ' II 1 ''' II. WI c.: aim El MI MI ME IM =I EN EM ES AN EA RE M ME L .21 /ME OM SE ,.=... ,., UM tcli IVA ,,,m IME Mt I= . n iniCIIIIIPIli 1=.1:—.""ett—'1 OVERALL CURRENT ZONING CC • COMMERCIAL CORRIDOR OVERALL PROPOSED ZONING PO • PLANNED DEVELOPMENT (MINOR AUTO AS SUP) SITE DATA SUMMARY = M=21:1=111 1=11 d,00/ SITE OU) DEVONSHIRE VENISHAN 1-- SHEPARD__, 44. 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Noy IN RPM idstudicP 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