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Ordinance 2019-071 ORDINANCE NO. 2019-07 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 2019-01, FROM AGRICULTURAL-30 (AG-30) TO COMMERCIAL CORRIDOR (CC) TO ALLOW FOR RETAIL DEVELOPMENT; 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 (CC), said property being described in Exhibit A (Legal Description), Exhibit B (Existing Survey), and Exhibit C (Preliminary Concept Plans & Elevations) attached 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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. 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. Ordinance No. 2019-07 change the zoning on the hereinafter described property, Zoning Case Number 2019-01, from Agricultural-30 (AG-30) to Commercial Corridor (CC) 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. 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 26th day of February 2019. ATTEST: ANOWAI Stephanie Storm, City Secretary DATE OF PUBLICATION: March 6, 2019, inthe Eric Hogue, M 0Tv GVtSpCOLOrmoo FG RA LRIg4 �168 o stIrE of re-0- Ordinance No. 2019-07 change the zoning on the hereinafter described property, Zoning Case Number 2019-01, from Agricultural-30 (AG-30) to Commercial Corridor (CC) 1 FIELD NOTES: EXHIBIT "A" LEGAL DESCRIPTION FOR 2505 F.M. 1378 - WYLIE, TEXAS BEING A TRACT OF LAND SITUTATED IN THE WILLIAM PATTERSON SURVEY, ABSTRACT NO. 716, COLLIN COUNTY, TEXAS, AND BEING ALL OF A CALLED 1.002 ACRE TRACT OF LAND DESCRIBED IN A DEED TO DENNIS JOSEPH BAUM ET UX, or RECORD IN VOLUME 2809, PAGE 926, DEED RECORDS COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD FOUND FOR CORNER IN THE WEST RIGHT-OF-WAY LINE OF F.M. NO. 1378 (COUNTRY CLUB) AT THE SOUTHEAST CORNER OF SAID 1.002 ACRE TRACT, SAME BEING THE NORTHEAST CORNER or A TRACT OF LAND DESCRIBED IN A DEED TO BOBBY W. MITCHELL ET UX, OF RECORD IN VOLUME 585, PAGE 503, DEED RECORDS OF SAID COUNTY: THENCE NORTH 89 Degrees 39' 04" WEST ALONG THE SOUTH BOUNDARY LINE OF SAID 1.002 ACRE TRACT, A DISTANCE or 208.87 FEET TO A 5/S" IRON ROD FOUND FOR CORNER AT THE SOUTHWEST CORNER THEREOF; THENCE NORTH 00 Degrees 06' 35" EAST ALONG THE WEST BOUNDARY LINE or SAID 1.002 ACRE TRACT, A DISTANCE OF 208.59 FEET TO A 3/8" IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89 Degrees 42' 43" EAST ALONG THE NORTH BOUNDARY LINE or SAID 1.002 ACRE TRACT, A DISTANCE or 208.47 FEET TO A 1/2" IRON ROD FOUND FOR CORNER AT THE NORTHEAST CORNER THEREOF AND BEING IN THE WEST RIGHT-OF-WAY LINE OF SAID F.M. NO. 1378; THENCE SOUTH ALONG THE WEST RIGHT-OF-WAY LINE OF SAID F.M. NO. 1378, A DISTANCE or 208.81 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1.000 ACRES Of LAND. 1 EXHIBIT B - EXISTING SURVEY METAL GARAGE (N0 SUB) 0.3 FWD 7.5' 9.9 8 0 'LAND TTTLE SURVEY' FIELD NOTES: BEING A TRACT OF LAND SITUTATED IN THE WIWAM PATTERSON SURVEY, ABSTRACT NO. 716, COWN COUNTY, TEXAS, AND BEING ALL OF A CALLED 1.002 ACRE TRACT OF LAND DESCRIBED IN A DEED TO DENNIS JOSEPH BAUM ET UX, OF RECORD IN VOLUME 2809, PAGE 826, DEED RECORDS COWN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8' IRON ROD FOUND FOR CORNER IN THE WEST RIGHT-OF-WAY UNE OF F.Y. N0. 1378 (COUNTRY CLUB) AT THE SOUTHEAST CORNER OF SA10 1.002 ACRE TRACT, SAME BEING THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN A DEED TO BOBBY W. MITCHELL ET UX, OF RECORD IN VOLUME 585, PAGE 503, DEED RECORDS OF SAID COUNTY; THENCE NORTH 89.39'04' WEST ALONG THE SOUTH BOUNDARY LINE OF SAID 1.002 ACRE TRACT, A DISTANCE OF 208.87 FEET TO A 5/8' IRON ROD FOUND FOR CORNER AT THE SOUTHWEST CORNER THEREOF: THENCE NORTH 00.06'35' EAST ALONG THE WEST BOUNDARY UNE OF SAID 1.002 ACRE TRACT, A DISTANCE OF 208.59 FEET TO A 3/8' IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER THEREOF; THENCE SOUTH 89'42'43' EAST ALONG THE NORTH BOUNDARY UNE OF SAID 1.002 ACRE TRACT, A DISTANCE OF 208.47 FEET TO A 1/2' IRON ROD FOUND FOR CORNER AT THE NORTHEAST CORNER THEREOF AND BEING IN THE WEST RIGHTOF-WAY UNE OF SAID F.M. N0, 1378; THENCE SOUTH ALONG THE WEST RIGHT-OF-WAY UNE OF SAID F.M. NO. 1378, A DISTANCE OF 208.81 FEET TO THE PLACE OF BEGINNING AND CONTAINING 1.000 ACRES OF LAND. KENNETH D. EWS VOL 645, PC. 493 D.R.C.C.T. (DEED= S 89.46'09' E 208.81') S 89'42'43' E 208.47' FND 1/2' I.R �a a r v a! J£y8�4p 4 4 4 4 •X_J h n f E STORY 9.9' FRAME BLDG. (NO SLAB) 0 FND 5/8' I.R. p "-as'X I d .V ,s .':opted with U". ' .•. J`IIICIs, Or in area or boundary lines, er1.1. chmer,is. protrusions, of overiappmg of improvements shown. X x _ PROPANE (1) 4 1.000 ACRES B 23.042.0 9, tte + & I11.3' ( TP+U' 34.3' c 24.3' 11.0' ONE STORY FRAME GARAGE 11.1' r 24.3' OOD DECK.,. C NOTES; 0 ALL 'DEED' BEARINGS AND DISTANCES ARE PER DEED RECORDED IN OWYE 2009, PAGE 918. DEED RECORDS, COWN COUNTY, TEXAS. FL000 NOTE: ACCORDING TO W INTERNRTAIIMS OF COMMUNITY PANEL NO. 480759 046511. DATED 01/11/11, OF TIE NATIONAL REAM OSUNANCE RAM MAPS F01 COWN COMM, BRAS. THE SUBJECT MOPOTY IJES WPM ROOD SONS '0' AND if NOT SHOWN TO DE WITHIN A SPECIAL FLOOD HAZARD AREA. PM SEATON:NT DOES NOE N M THAT THE PROPERTY AID/OR SIRUCNMIS 1ME M WEL BE ERIE FROM RDOODM OR FLOOD IMAM M RARE OCCASIONS, DRUM 110004 CAN AND WILL OCCUR AND ROOD NEWTS WI BE ISMIEAi10 .I MAN -WOE OR MOIRA CAUSES. 1M5 EL000 SIATENDIT SHALL NOT CREATE UAD0TY M M PART OF THE 552467OR. 4 Y 8 GRAVEL 4 .Y N 89'39'04' W 208.87' (DEED.: N 89'46'D9' W 209.00') BOBBY W. MITCHELL ET UX VOL 585, PC. 503 D.R.C.C.T. 71.2' • 6.8' 4 4 4 4 CONC. DRNG. PIPE • G • BEGInib 5/8' I.R.I TELEPHONE VAULT 1 m Z5 V 5. Ot Z5 U OOE co s M 1 .9 24 O10014 aR S0 1 INCH 20 RR LEGEND - //- .000 PENCE - 84- CHAIN L10 MCC -E- WaM FENCE -0- MICK IRON FENCE © CARE ROE • PMR POLE • WATER KR➢ --50 - P0YO6RR - 84- 0VODICD SO==E UN[ m 1RIMYWN0R AND PAD ASPHALT SWIM CONCRETE 10111\\ / .J( •• R SUUM1I.7a1aa aaaa�_r=•i I. JASON L MORGM, REMELTED PWIERIMIL AND SUMMON Of THE STATE OF TDuS, DO TERM GOWN 1NAT MIS SURVEY 9J8STANIMLLY ORME5 NMI 114 CURRENT RYAS SOCIETE OF 7 01ESSDNA. PT+EY093 STANDARDS •NE SPttMC4T001 EON • CAECORI IA 'MD TIIIR SURVEY AND THAT THE PLAT MINN IS A TRUE, CORRECT NO ACCDEATE REERESDET•TK 1 01 RK SUSPECT PROPERTY AS 00100® IT AN M TK ORMAND SLIME UNDER wt SUPERYISI1. M LEES AND ODIDR100 OF POD FSOPOII 9CMC INDICATED 9T MI HAT. THE NPROVEYENIS •u WTR4 n0 DOLDRUMS Of 0E PROPERTY AT OE NSLICES INDICATED AND THERE ARE N0 MUM A10 APPARENT EASENENIS. OK40AONOMT. CODMCIS M PIO1YUSIMS, PICOT AS SHOW M ENE ABOVE Put. .LS. N0. 5587 TARS PIXVET WAS PEREORN D Ea: REPUBUC TITLE I110] PANT CPU MIT MLA AT IDR OIMP IN PT TM AND TIa UNi0EWED IF NOT NEPOTISM TO OT OS POI ANT IDES Rf9ATYD TAMM Y. TYa RPM 5 NW VALID WNOW A RED SEAL A0 S0MTNt NAME MARTIN J08 N0 03-05-083 DATE 05/27/03 OF# P3R158zz TECH JLM DRN BY HA' Global Land Surveying, Inc. 1716 Alamo 1. Ste. 203 Plano, TIMM 75074 Phone 700 lat (0)1 72) 425-1083 small: ul.•sp..i.aq.net 1 1 D.--- BMUTUAL ACCESSIDSEMENT L A PROPERTY LINE MS COUNTRY RD TOTAL AREA SF RESTAURANT (am) RETAIL TORE scroo. Len) TOAD Al SITEFPLAN SALE DI • COUN T R Y NOT IN SCOPE .----"—mnncs"maer CLUB 3 NUT ANuwwu 7ESR EASEMENT II LL DiMSDAPOStO NW, R 0 A D 3 4 O z z EXHIBIT "C" 4 PROJECT DATA AGM CURRENT zow. PROPOSED USE R REETNL I RESTAURANT LOT AREA 1 0 ACRE MA% EMDPIO HT DE FRONT SET EACR b' RERSICE SET SACS lO LANDSCAPE BUFFER ICTO SF PARPNO REWIRED RESTAURANT ED RETAIL T . TOT. .: PARKING OSPACES AC PROVIDED ES (N) IN FRONT OF BUILDING PROPOSED BUILDING A.W SF FL IAEA RATIO I0.3I4 s CONSULTANTS RETAILS AT 2505 COUNTRY CLUB RD WYLIE. TX 1112018 RENEW 12/12/18 RENEW A DATE DESCRIPTION PROJECT EC,. MODEL FILE SHEET TITLE CONCEPT PLAN PRELIMINARY ONLY A-0.1 SHEET NW. 1 OFI 1 3 NOT IN SCOPE D — PROPER. UNE OI.........UFFER .'.'..•."'.'"......'•'. MUTUAL ACCESS EfSEMENT 1.01.1141011 PROPOSED 1-STORY BUILDING OPOS COUNTRY Ro WYLIE, Of TETALAREA TSB SF RM ) ESTAURASP (AN) O ETAIL STORE 5o5o SF (BR) LANDSCAPE BUFFER .'PiOPERTY.Cins .. .'..'.' COUNTR Y SITE PLAN -ALTERNATIVE 1 manna so CLUB rAwnr•s µ AC`ESS EASEMENT OW WADS ItIlW10•01401" R 0 A D MUTUAL ACC6S EASEMENT Iw1w T"mv Mswnn a> 4 4 5 PROJECT DATA ZONING AGM CURRENT CR PROPOSED PROPOSED USE RETAIL I RESTAURANT LOT AREA 10 ACRE FRONT ETDEAR/SIDE .T BCK LANDSCAPE BUFFER K 10 LAR 1D TO SF STOMP PARKING REQUIRED RESTAURANT PS TOTAL Da PARKING PROVIDED , 10 SPACES(40.11N FRONT OF BNULNG PROPOSED FLOOR ADEA BUILDING 11.414 EXHIBIT "C" 5 CONSULTANTS RETAILS AT 2505 COUNTRY CLUB RC WYLIE. TX mane REVIEW A MARK DATE DESCRIPTOR PROJECT NO. HODEL FILE DNOWN SHEET TITLE ALTERNATIVE PRELIMINARY ONLY A-0.1 ALT SHEET NLWWNO 10F 1 1 1 A BMA I I' 1111IVII'I II'`1111111 III! 1111 01 EXTERIOR ELEVATION - EAST 2 IIII1DIIIIDII III I I Iln41111, I@IIIIIIIIIIII@ll� 3 011.091.19. 669.91919199 z g � a al. 6 6- � 61 EXTERIOR ELEVATION - WEST 112399 • III IIIIIIIIG;IV111111II1 • • M 10.0 4 i 5 miss GARA ET <.Tev of _mP FLOOR Al EXTERIOR ELEVATION SOUTH 1 8 EXTERIOR ELEVATION - NORTH 3 4 —. ° s- 'ET m12PF EXHIBIT "C" 5 CONSULTANTS RETAILS AT 2505 COUNTRY CLUB RD WYLIE, TX ROAEW A DATE DESPbGDON PROJECT NO SHEET TITLE ELEVATIONS PRELIMINARY ONLY A-2.1 SHEET I/Io.M. 1 OF 1 ZIIe ffar,nerainfle Zfines • Murphy Monitor • The Princeton Herald • 7FcSachse News • THE WYLIE NEWS 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 Ordinance 2019-07 was published in said newspaper on the following date(s), to -wit: March 6, 2019. Chad Engbrock, Publisher Subscribed and sworn before me on this, theattw ci day of /4(1" , 2019 to certify which witness my hand and seal of office. 441fli//i• SONIA A. DUGGAN __: ;Notary Public, State of Texas =... Q--- Comm. Expires 08-18-2020 14" Notary ID 130783749 Notary Public ior The State of Texas Mycommission expires 6 /0.2d P Murphy/Sac [Ise/Wylie Office • 110 N. Ballard • P.O. Box 369 • Wylie. TX 75098. 972-442-5515 • fax 972-442-4318 FanucrsyilletPrinee ton Office • 101 S. Main • P.O. Box 512 • Farmcrsvillc,TX 75442 •972-78-1-6397 • fax 972-782-7023 City of Wylie Ordinance No. 2019- 07 .. An ordinance of the city of. Wylie, Texas, II amending the com- prehensive ,.zoning ordinance of the city of Wylie, as hereto- fore amended, so as to change the zon- ing on the hereinafter described property, zoning case number 2011-01, from ' agri- cultural-30 (ag-30) to commercial corridor (cc) to allow for retail development; provid- ing for a penalty for the violation of this or- dinance; providing for the repeal of all ordi- nances in conflict; pro- ' viding a , severabili y Clause; and providing for an effective date. 44-1t-3211