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Ordinance 2024-04 ORDINANCE NO. 2024-04 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 2023-14, MULTI-FAMILY (MF) TO COMMERCIAL CORRIDOR - SPECIAL USE PERMIT (CC-SUP) ON 0.198 ACRES TO ALLOW FOR AN OFFICE USE WITHIN A RESIDENTIAL STRUCTURE; 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 SUP Conditions are an integral component of the development of the property and are attached as Exhibit B and Exhibit C. 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 2024-04—Change of Zoning for 100 S.Third Street(ZC 2023-14) 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 23rd day of January, 2024. a thew Porter,Mayor r ATTEST: / Stephanie Storm, City Secretary Date of Publication: ��„r , l;2024 in the Wylie News Ordinance No.2024-04—Change of Zoning for 100 S.Third Street(ZC 2023-14) Page 2 of 2 Exhibit A Legal Description Property being 0.198 acres, all of Lot 1, Block 21 of the Railroad Addition of the City of Wylie, located at 100 South 3rd Street, Wylie, Texas. ERAL NOTES: i. ARTICLES CTI TA8LES REFERRED TO HEREIN FROM LI OIV. CONSTRUCTION MUST r OM 2021ATIONAL ILDIRG LOGE(!BC) / _ 2021 RNATIONpL MECHANICAL;CODE(IMC) 2021 IIJTERNA ••,5•AL PLUMBING CODE(IPC) 0 0 0,666 2021 INTERNATIONAL FUEL GAS CODE(IFGC) l 2021 INTERNATIONAL FIRE:CODE(IFC.) r�n @ 021 INTERNATIONAL PRESIDENTIAL CODE(IRC) ^ yy 021 INTERNATIONAt"PRCREPT Ni CODE(IPMC) 's 21 EXISTING.. G CO 2 t INTER ENER RVATION CODE(! " • 20 NA ELECTR a TEX ) ENTS REGIONALKA I' i Q +'ACCE551B1L1 n s, 21,LOT I EATH k ROBERT WINDELL +o n D BY BRYAN ROGERS/BETTER BOX 1454,"LIE, N 75098. PHONE: L BR X 145,"LI SI TX 75 URCES.COM y`1 rI LOPMENT TO BE COMPLETED BY 2-29-2021. ZONING:CC COMMERCIAL CORRIDOR WITH: MAL BOARDING/KENNEL/HOSPITAL USES I y COMMERCIAL AMUSEMENT ES 0 AUTOMOBILE REPAIR,MAI OR REFUELING USES 'k 4 NO FOOD PROCESSING RELA 1k �p i } ✓ T. PROPOSED USE:GENERAL 8. LOT COVERAGE:EXIS SF GROSS ` EXIST STRUCTURE 14.1%) PROPOSED ADDI F �L PROPOSED LOT CO = 19% / L� 9. PER FLQOD PLAIN MAP 48085CO420J, TOG S.THIRD v�`^ ZONE,X. ').)�,(� 10. LANDSCAPE REQUIREMENTS:20%REOD. / \ 9 LOT TOTAL=8.494 SF PROPOSED LS AREA SHOWN HATCHED= n y 11. S Q ETBACKS: AS THIS ORIGINAL STRUCTURE 15 SOME K AND THER IS NO PROPOSED MOVEMENT • ("'F PROPOSE MIN SETBACKS SHALL BE: 's . _ OL ujM.j EAST(FR ). 13•-8-PROPOSED(EXIST ) 0 p NORTH( E). 1D'NO CHG FROM CC REOU - EAST Oe K STREET 1 F WEST(R ): 10• FROM CC REOU - m-O SOUTH(5 D(ADJACENT T EpYl'N W -1 BLLJz o Ab- L 3 y w.• lrry ZONING EXHIBIT ti111 • 21L SLOPE PROPOSED SITE PLAN ` t ^r SCALE - 1 20 PKG 2 DRAWIBO REV'. DETENTION POND SECTION y' F.q =1. " • �i�'SFRCCNON SCALE - 1 20 s 8 = ,, Il DRAVM BY .n ; '. I E ".O.R.ga• DATE VICINITY MAP 11-1J-2021 SCALE=NONE SHEET Al OF n NORTH ELEVATION EAST ELEVATION v� w rw••ro waor HEgxf•N'.P ^ —� 1100[1�9rt.H.I ws•wwo av[w woad iwe[..noowa� w.,rwxc MTOIEI�AN [':T— rFO iinxo oro [[rrwo eww•c,wr[o w000 n,.[[av[[woro V�S4�TH ELEVATION n WEST ELEVATION `f iw.rC loo /1 3rd St 02/02/17 EXTERIOR ELEVATIONS 100 S 3rd EXHIBIT "C" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for the preservation of an existing historic residential structure by allowing the structure to be converted into a commercial office use for a home healthcare agency with the ability for the structure be used simultaneously as a residence. II. GENERAL CONDITIONS: l. This Special Use Permit shall not affect any regulations of the Commercial Corridor(CC) set forth in Article 4, Section 4.1 of the Comprehensive Zoning Ordinance (adopted as of June 2023), except as specifically provided herein. 2. The design and development of the 100 S 3`d development shall be in accordance with Section 3 below and the Zoning Exhibit(Exhibit B). III. SPECIAL CONDITIONS: 1. Design criteria of the Commercial Corridor (CC) Architectural Design Requirements of the Zoning Ordinance (adopted as of June 2023) shall be modified to allow for the residential structure's material and design comprised of wood paneling and Hardie Board to be in compliance with the architectural design standards of the Zoning Ordinance. 2. The following uses as defined in the June 2023 Comprehensive Zoning Ordinance shall be allowed: a. General Office b. Single Family Dwelling (Detached) 3. Design criteria of the Commercial Corridor Development Standards of the Zoning Ordinance (adopted as of June 2023) shall be modified to allow for a front setback of 13'8" in lieu of the typical 25' setback. Page 1 of 2 4. A 6-8' high board-on-board wooden fence shall be constructed on the south side of the property and maintained throughout the time this SUP is in effect. 5. The Special Use Permit shall be rescinded if the structure is damaged or destroyed with an expense of restoration exceeding 75% of the repair/replacement cost of the structure. The structure shall then comply with the Commercial Corridor zoning design regulations. 6. This Special Use Permit shall automatically terminate and be rescinded without further action by the City or City Council, and the property reverted to the underlying Commercial Corridor zoning if the property and or business is not majority owned, managed, or operated by Musa Dirisu. 7. The Zoning Exhibit (Exhibit B) shall serve as the Site Plan for the development. Approval of the SUP shall act as site plan approval. Page 2 of 2 Qr17c;1armer;b+tic Z4 ones Murphy Monitor The Princeton Herald 74-Sadi.;c Mows • 'I'IIIi WYLIE N}iLVS S 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 dully sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice—Ordinance No. 2024-04 was published in said newspaper on the following date(s), to-wit: January 31, 2024 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 1 st day of February, 2024, to certify which witness my hand and seal of office. =#126646343 ANOotarylic ' for i U n 43 The State of Texas y es My commission expires 08/12/2024. Mui phi Sach<se WN lie Office• 110 N.13a1[ard•I'O Box 369• [k 7-�01?8.972 4 t2 SS15 f arnu.r,ti illk:4 uusao Office•101 S.Main•P.O.Box 512•i armetsville.I t 75 442•972 784-6397 2C January 31-February 1,2024 Mm r TY OF WYLIE Ordinance No.2024-04 An ordinance of the City of Wylie, Texas, amending the con prehen Ve zoning,. .ordinance of the. City of Wylie,' as hereto- fore amended;; so as to!change 'the zo", on the hetiinafter de- scribed property, zpn= ing case owwrriber 2023- 14, multi y to co ahidor special @use p"t; i (CC-SO)' .on 0.198 t ages to allraw for an office uw*ithin a resi-' dential;$ttuct4wre; P06- viding foi =o for the violation this or dinance; providing f6r the repeal of all ordi- nances in conflict;pro-, — viding a severability clause; and providing for an r0optite;date.' 40.106H