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Ordinance 2024-08 ORDINANCE NO. 2024-08 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 2023-19, FROM COMMERCIAL CORRIDOR (CC) TO COMMERCIAL CORRIDOR - SPECIAL USE PERMIT(CC-SUP)ON 1.074 ACRES TO ALLOW FOR A DRIVE- THROUGH RESTAURANT; 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 2024-08 Heal 360 SUP 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 March, 2024. thew Porter, Mayor ATTEST: f' Stephanie Storm City Secretary � Date of Publication aril 3, 204 I The Wylie News Ordinance No. 2024-08 Heal 360 SUP Page 2 of 2 Exhibit A Legal Description Property being 1.01 acres, all of Lot 3R, Block B of the Freddy's Addition of the City of Wylie, located at 2806 West FM 544, Wylie, Texas. W FM 544 Ue'for-e-en IOW01 our idd ---- ----- w.w ---— w, —� —'——- .a.... .�.,........,.. ,� ARCHITECTURE ———�---- I� w,..�, txa ______ ___ I 1 !•,:i. ,Y1NeAFIMM PFL.M0.9U1iE zl9•• _ _� —3W1 SLR J—— � FNWFA9 Bq.wrl i%r51)1 1 - - - --- Ta -—_------ _-J_--- ---- - _- • mza. �. '..AI^ LOT MU 16,195 It � I SR DATA TAKE bow '..III _f I a.a_. _... .Yi [xlsnnc e,IVpMt.�,i� 9Y.NA..h N --_ __.. ------- MrYs __ -_ vlrN flhl Q! O ■ II aNI lajig {� � MrYYMt H n ralerr..l. n.r Irr. ADDITION 2215 51 '� �ituC MCfl We�art w V a IAAN _ m 1.3111 oe 3 II Y...Yrr. >Ra 1.W ea/ _ sr- 0' _ � rmixc aaw I (� I "� 1 —- I 1 w,a—� - -- 1 i Wbn xemem m,xm NNMUY.Wa.6Ya M �• LI — JL 3R— Lbrr.rww.9assrr.lYVFMr Y \ rxtry vxmmi bYleV h .. I .xx.K, 1 x�,xw.wArrx,r..L.e.ra Lo.arem.wwrrrr. ~�wccro t�• lkaxlMrM1lPMil.a.11a Lbrae.le Y.aYYIeN.a Uoa..uU. 1 buven ciseniu 15erw NY.�.aV�raYaYYM..A.ea. At'-ft I rrawa..vr w� .• I Nlu.an.Mm .gxmiialMYY aeai. I SITE PLAN I I °11RiG[.Q.°91NE I I Q3 Y �I I rmixa .1.4 i9 1pxx awd�wM rwcr AVM'M4V1Y/YII' I IAIt°I[LIO6' I I I 1 IeIL f19.Q YeO I I I 0t SCALE: 1/16-= 1' 0" EXHIBIT "B" Conditions For Special Use Permit Wylie - Lot 3R Block B of Freddy's Addition 2023-19 I. PURPOSE: This Special Use Permit shall be established to provide Commercial use, including restaurant w/drive thru to support the economic growth within the region. II. GENERAL CONDITIONS: l. This Special Use Permit shall not affect any regulations within the Code of Ordinance except as specifically provided herein. 2. This Special Use Permit shall not affect any regulations of the Commercial Corridor District (CC) set forth in Article 4, Section 4.1 of the Comprehensive Zoning Ordinance (adopted as of June 2023) III. SPECIAL CONDITIONS: 1. All allowed uses in the Commercial Corridor District (CC) set forth in Article 5 of the Comprehensive Zoning Ordinance (adopted as of June 2023, in addition to those listed in this paragraph shall be allowed by-right uses. a. Restaurant with Drive in or Drive-Through Service. Page 1 of 1 �&s Q Ilt IF:?l.l.11,i l:Il°.i' ".114fec' a i � ' .r: NSA u 1,:.-,�,t _ ( r _I,I�u, "rl,�latit A;ws 1'HE:LVYt.Ii;Niit1 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 duly sworn, deposed and says that the foregoing attached: City of Wylie Legal Notice—Ordinance No. 2024-08 was published in said newspaper on the following date(s), to-wit: April 3, 2024 qxk_'_� Chad Engbrock, Publisher Subscribed and sworn before me on this, the 4th day of April, 2024, to certify which witness my hand and seal of office. SONIA A DUGGAN Notary Public d for V.0°ue, ID#176646343 The State of Texas c r Notary fission Expires V. MY A gust 12,2024 o My commission expires 08/12/2024. ."1 uh'n- sih�eA- rile O1([tiC• i{t)�'.61'1.,rcl•P t) lki. ;�,i•tib"rlh: i?.���( JX.`)t ;1_-,71,> 1:u1.,G, .ii, 61'o w(AI • 101 ti lvhm•1'.().Bo,, t�l 12.()-2 'Or No.= An Ordinance of the city Wylie, Texas, amending the com- prehensive zoning ordinance,,of the"city of. Wylie, as hereto " fore amended, so,, as to change the omt o0 the,hereinafter de- scribed property, zoo- in case aumber,2f3- to6, rofnerciat rridor (cc)'do com- ntrerciai cor�rdo�r;—spa cial use"permit(cc-wp) on 1,074 acres tp allow for a drive-through rw tAtitrattt; ptoviduig for a penalty for the viola- tion of this ordinance; providiq, for the re peal of all ordinances in conflict; provid- ing for a severability clause; and providing for an effective date, 49-1e-3ft