Ordinance 2006-48
ORDINANCE NO. 2006-48
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
CITY OF WYLIE ZONING ORDINANCE NO. 2001-48, ARTICLE 5 (USE
REGULATIONS) SECTION 5.1 (LAND USE CHARTS), SUBSECTION F
(RETAIL, PERSONAL SERVICE & COMMERCIAL) AND SECTION 5.2
(LISTED USES), SUBSECTION F (RETAIL, PERSONAL SERVICE AND
COMMERCIAL USES) TO ESTABLISH REGULATIONS GOVERNING THE
SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR A PENALTY FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR REPEALING,
SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE
PUBLICATION OF THE CAPTION HEREOF.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") has investigated
and determined that the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations), of the City of
Wylie, Texas ("Wylie"), should be amended to regulate the sale of alcoholic beverages; and
WHEREAS, Wylie has complied with all notices and public hearings as required by law; and
WHEREAS, the City Council finds that it will be advantageous, beneficial and in the best
interest of the citizens of Wylie to amend Wylie's Zoning Ordinance No. 2001-48, Article 5 (Use
Regulations) as set forth below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WYLIE, TEXAS:
SECTION 1: Findings Incoroorated. The findings set forth above are incorporated into the
body of this Ordinance as if fully set forth herein.
SECTION 2: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations)
Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service & Commercial). Article 5
(Use Regulations), Section 5.1 (Land Use Charts), Subsection F (Retail, Personal Service &
Commercial) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add number 24 and
amend numbers 20 and 21, as follows:
Ordinance No. 2006-48
Alcohol Sales Regulations
447685.vl
Page I
R~kl(tndlili>>i#I!kts Permitted Non-Residential Districts
Low-Density Medium- Hi-Density Residentilll Uses Commercial Industruu H
Residential Density
Residential
AG/30 SF- SF- SF- TH MF MH F. Retail, NS CR cc LI HI DTH
tAl 20/26 to/ Personal Svc &
30 24
Com., cont.
20. Restaurant with Drive- p* p* p*
in or Drive-through
Service
21. Restaurant without p* p* P* p* P* P*
Drive-in or Drive-
through Service
24. Beer & Wine Package J>* J>* P* P* P* P*
Sales
SECTION 3: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations).
Section 5.2 (Listed Uses), Subsection F (Retail. Personal Service and Commercial Uses) Article 5
(Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal Service and Commercial
Uses) of Wylie's Zoning Ordinance No. 2001-48 is hereby amended to add the following:
24. Beer & Wine Package Sales.
a. Definition: An establishment, including but not limited to General Merchandise or
Food Store of any size or Motor Vehicle Fueling Station, engaged in the selling of
beer and/or wine to the general public for off-site personal or household consumption
and rendering services incidental to the sale of such goods.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every 200 square feet of gross floor area; however
for retail sales made at a Motor Vehicle Fueling Station the required parking shall be a
minimum of four spaces.
d. Required Loading:
S uare Feet of Floor Area
0- 10,000
10,001 - 50,000
Each additional 10,000 or
fraction thereof
Ordinance No. 2006-48
Alcohol Sales Regulations
447685.vl
Page 2
e. Additional Provisions: Beer & Wine Package Stores shall be subject to compliance
with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the
following development criteria:
(1) The establishment shall not be located closer than 300 feet to a church and/or
public hospital measured along the property lines of the street fronts from front
door to front door, and in direct lines across intersections.
(2) The establishment shall not be located closer than 300 feet to a public or private
school measured in a direct line from property line to property line, and in
direct lines across intersections.
(3) The distance between a Beer & Wine Package Sales Establishment and a
private school can be increased to 1,000 feet if the City Council receives a
request from the governing body of the private school to do so.
(4) Beer sales are not permitted in residential areas. Residential areas include
properties that are zoned in any Residential District category or a planned
development that allows residential uses or vertical mixed use developments
with a residential component, because these zoning districts are part of the
neighborhood(s) within which they are located. Notwithstanding, a planned
development ordinance may allow for Beer & Wine Package Sales at
designated locations in the planned development that meet the requirements set
forth herein.
(5) Beer & Wine Package Sales establishments that derive more than 75% of their
gross revenue from the sale of beer and/or wine:
a. Are permitted only by Specific Use Permit in the NS, CR, CC, LI, HI and
DTH zoning districts;
b. Shall not be located closer than 1,500 feet from another Beer & Wine
Package Sales Establishment that derives more than 75% of its gross revenue
from the sale of beer and/or wine, measured building-to-building (or outer
wall of the lease space) in a straight line;
c. Shall not be located closer than 800 feet from the building to the property
line of a residential zoning district, including residential portions of a
planned development zoning district; and
d. Shall not be located closer than 1,500 feet from the property line of a City
park, or the property line of a property owned by a church, public hospital,
public or private school, public or private college/university, rehabilitation
care institution, or child or adult day care, measured in a straight line from
front door of the establishment to the nearest property line of a residential
zoning district, City park, church, public or private hospital, public or private
school, public or private college/university, rehabilitation center, or child or
adult day care.
SECTION 4: Amendment to the Zoning Ordinance No. 2001-48, Article 5 (Use Regulations).
Section 5.2 (Listed Uses), Subsection F (Retail. Personal Service and Commercial Uses), paragraphs
20 and 21. Article 5 (Use Regulations), Section 5.2 (Listed Uses), Subsection F (Retail, Personal
Ordinance No. 2006-48
Alcohol Sales Regulations
447685.vl
Page 3
Service and Commercial Uses), paragraphs 20 and 21 of Wylie's Zoning Ordinance No. 2001-48 is
hereby amended to read as follows:
20. Restaurant with Drive-in or Drive-through Service
a. Definition: Restaurant with drive-in or drive through service means:
(1) A restaurant with drive-in service is an establishment principally for the sale and
consumption of food where food service is provided to customers in motor vehicles
for consumption on the premises.
(2) A restaurant with drive-through service is an establishment principally for the sale
and consumption of food which has direct window service allowing customers in
motor vehicles to pick up food for off-premises consumption.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every three seats under maximum seating arrangement.
d. Required Loading:
S uare Feet of Floor Area
0-10,000
10,001 - 50,000
Each additional 10,000 or
fraction thereof
Required Loading Spaces
None
1
1
e. Additional Provisions:
(1) CR District: Drive through and stacking area shall not be located adjacent to
residential uses.
(2) The "Additional Provisions" listed in paragraph 21, subpart e., below, for "Restaurants
without Drive-in or Drive-through Service" shall apply to Restaurants with Drive-in or
Drive-through Service that sell alcohol.
21. Restaurant without Drive-in or Drive-through Service
a. Definition: Restaurant without drive-in or drive through service means an establishment
principally for the sale and consumption of food on the premises.
b. Permitted Districts: See Land Use Charts in Section 5.1.
c. Required Parking: One space for every three seats under maximum seating arrangement
with no fewer than 8 provided.
d. Required Loading:
S uare Feet of Floor Area
0-10,000
10,001 - 50,000
Each additional 10,000 or
fraction thereof
Ordinance No. 2006-48
Alcohol Sales Regulations
447685.v1
Page 4
e. Additional Provisions: Restaurants that sell alcohol shall be subject to compliance
with the Texas Alcoholic Beverage Code, as it exists or may be amended, and to the
following development criteria:
(1) Restaurants are only permitted to sell alcohol by right if the subject property was
located within the City limits as of May 13, 2006. For property annexed into the
City after May 13, 2006, a restaurant that sells alcohol must obtain a permit for a
Private Club from the Texas Alcoholic Beverage Commission for the ability to sell
alcohol.
(2) A restaurant that sells alcohol shall not be located closer than 300 feet to a church
and/or public hospital measured along the property lines of the street fronts from
front door to front door, and in direct lines across intersections.
(3) A restaurant that sells alcohol shall not be located closer than 300 feet to a public
or private school measured in a direct line from property line to property line, and
in direct lines across intersections.
(4) The distance between a restaurant that sells alcohol and a private school can be
increased to 1,000 feet if the City Council receives a request from the governing
body of the private school to do so.
(5) Restaurants that derive more than 75% of their revenue from the sale of alcohol
are only permitted by specific use permit and may only be located in the zoning
districts where the applicable type of restaurant is designated as "P*" on the Land
Use Chart, Section 5.1, Subsection F, paragraph 20 or 21 of this Article 5.
SECTION 5: Penalty Provision: Any person, firm, corporation or entity violating this
Ordinance or any provision of Wylie's Zoning Ordinance No. 2001-48, as it exists or may be
amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be fined a sum
not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this
Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance
shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and
remedies available to it pursuant to local, state and federal law.
SECTION 6: Savings/Repealing Clause: Wylie's Zoning Ordinance No. 2001-48, as
amended, shall remain in full force and effect, save and except as amended by this or any other
Ordinance. All provisions of any ordinance in conflict with this Ordinance are hereby repealed, but
such repeal shall not abate any pending prosecution for violation of the repealed ordinance, nor shall
the repeal prevent a prosecution from being commenced for any violation if occurring prior to the
repeal of the ordinance. Any remaining portions of said ordinance shall remain in full force and
effect.
Ordinance No. 2006-48
Alcohol Sales Regulations
447685.vl
Page 5
SECTION 7: Severability: Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly
provided that any and all remaining portions of this Ordinance shall remain in full force and effect.
Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause
or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences,
clauses and phrases be declared unconstitutional or invalid.
SECTION 8: Effective Date: This Ordinance shall become effective from and after its
adoption and publication as required by law the City Charter and by law.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, on this 8th day of August 2006.
John
ATTESTED TO AND
CORRECTLY RECORDED BY:
~~~L
CAROLE EHR CH
City Secretary
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Date of publication in The Wylie News - August 16,2006
Ordinance No. 2006-48
Alcohol Sales Regulations
447685.vl
Page 6
* C&S Media, Inc. '
'Q];be jfarl1lerlllJille 'Q];il1lell · Murphy Monitor. The Princeton Herald · The Sachse News. THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
~~
dS10
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of The Wylie News, a newspaper regularly published in Collin County, Texas and
having general circulation in Collin County, Texas, who being by me duly sworn, deposed and
says that the foregoing attached
City of Wylie
Orninance No. 2006-48, 2006-49, 2006-52
was published in said newspaper on the following ates, to-wit: August 16, 2006
Chad Engbrock, Publisher
~'
Subscribed and sworn before me on tbis, the ~day of ___" d-", 2006
to certify which witness my hand and seal of office.
~~~~~~t'!t+.
"t 'r'~fi
i, .~
@)
TAMMY BURTON
Notary Public, State of Texas
My Com minion Expires
February 21, 2010
Notar Public in and for
The State of Texas
My commission expires 2. Zl . Wf()
Murphy/Sachse/Wylie Office' 110 N. Ballard' P.O. Box 369' Wylie, TX 75098' 972-442-5515' fax 972-442-4318
Farmersville/Princeton Office' 101 S. Main' P.O. Box 512' Farmersville, TX 75442' 972-784-6397' fax 972-782-7023
:TH TEX.\S
:U'AL "'ATEIl
ISTRICT
.IAL DIESEL
.\NIl
lLEADED
\SOLlNE
H.1S addlessed ((1
enllOIl 01 the
:1f Final1Cl' (d' lilt"
'(,:\:lS ~ll1llll'ipal
JistricL Wylie,
11 he rcccin:>d al
inistrall\,(, Office
Nllrth Tl'xas
1 Watt'1 District.
Brown Strcet.
e.\.as 7509H until
1\ luca! InTIe-,
August 21), 20()(1
opened and read,
~nnllal agreement
:>l and unkaueu
Bid dm:uments
)htained Irorn tlil'
'exils t\Iutlil'ipal
islril'1 at :"05 E
ret'!. Wj1ie, Texas
UH TEXAS
CIPAL WArER
)]STRICT
J:n Bell, Presidl."tlt
NTMWD
30ilnj pI Direl'llllS
l~ 11 ~ \';.j~I,
onCE TO
HRACTORS
"OR THE
rRUCnON OF
reet Water Line
habilitation
HSE, TEXAS
,ids aJdn'ssl'd tn
y tvLlIlagel pi
Tnas IOWNERI
13S Coullty Puhlic
Department
lity Dnl'illpment
Grant Program
~o. B-1I5-UC 4X-
,111 he recC'i\'t.'d al
.'{' of Community
menl. 55[)(l State
7R, Sachse, Texas
until 2:00 r.rn.,
25. 2006, lhen
IC~S 11l,)1l .ll\'{' 1ll'i'Cl'lll I." }
of the lol,tl ,l(t\l:tl bId pit""
p:I:'ablt> witltpUl lC\'lll1f<;('
1(1 IIlc' t,ll,.!
1\',\:1<", nr ;1 hid illlhi!
S,lnlC' ;nn011TlI Iro1l1 a leli
:lbk :\lIrct\ t'Ulllp:I1lY' :IS a
~U:lrallLl't' that Ih(' hiddl'l
\\ill el1\(;'T intll <1 Clltltract
and C\.CC\lt(' l'<:,rhl1'lnalH.'l'
h(llllb \\'illuH ll'1l11()1 Lid)\
aftt'l Ilplii.:t: pi award nl
contra!.;1 tll them.
The SlH,__ce:\~flll biddn must
furnish pl'rfOrlllance honel
and payment houds upon
the fUl11lS Pr0yilkd in the
amllunf nf Olll' hundred
pE:'fCenf (l(lor~;) of the Cl1\l"
tract prlCl' Irc11U all
appn)vrd Sllrety l'(llnpan'v
lHlkling a pt'llnit from thl'
Stall' of Tt:xas, tll act ,I" il
sUIety' \If sureties accept-
able !(\ (hl' O\\'Tlt'1
The contLll't "hall he
awarded to (he I ()\\'t' st
rt'S]H1llsibll- hidder. howe\
l'r, the right is It's('1"\'t:d, as
lk interl'sts oIthC' Owner
rIlay r"('qulll'. tu reyet any
and ;111 hid". and til W;1I\"('
<lilY inlol'lllality III hds
[t"(eiv('d
Tht' kl\\' hidJer~ s 1 "hidl he
prep;l1t'l1 h.l suhmil "uch
n.idl'llCl' as the OW!1el
llIay rl'411in.' to est3blish his
e;<;pnil'nce, pllS'il'Ssillil oj
su~'h equipment, qualihl.a-
Iltlll nJ perslllulcl, ilnd
financial ICSpl111Sihilit)'
nl'ct'ssary tn pl'OSl'CIltt' the
W(lrK Illl IhlS l'wjl.:1.:l ill an
l''<pnliliulls, si.lfe, and S;JI-
lstactmy Illanner.
Bids may he held hy lhe
Owner 1m a period 111.1( to
e\ceed si\ty {(1{)1 days
from lIll' dale I)f the open-
ing (If Bids for the pl1l"pi1:\e
of rninving the Bids alld
ill\('~tip:ating Iht' qualifica-
tions nf Biddl'rs. prior tn
awarding or Ihc contract.
Ih;'; BlLL ATKINSON.
Bill Alkins(lll.
City t\.Linager
I.' 21 I \}II I ~ III
.:.,,,rn-"In
"
Ai\; ORDINANCE OF
fIlE CITY OF "YLIF,
TEXAS.\.~IENIlINC;
THE CITY OF WYLIE
1.0NINC ORDINANCE
NO. 2001.48. ARTICLE
5 IPSE REGl'LATlONS)
SECTION 5.1 ILAND
(lSE CHARTS\, SUB.
SECTION I' I RETAIL,
PERSONAL SERYlCE
& CO~IMERCIALi
AND SECTION 5.2
ILlSTED ITSESl, SUB-
SECTION F'(RETAIL.
PERSONAL SERVICE
ANIl COMMERCIAL
11SES\ TO ESTABLISH
REGIILATlONS GOV.
ERNING Tfm SALE OF
ALCOHOLIC BEVER.
Ala:s: I'ROVIDING
FOR A PENALTY FOR
THE YlOLATlON OF
THIS ORI)JNANCE:
PROVIDING FOR
REPEALING, SAVINGS
ANIl SEVERABILITY
CLA1'SES: PROVID.
INC; FOR AN EFFEC,
TIVE IlATE OF THIS
ORDINANCE: AND
PROVID1NC; FOR THE
PllllLICATION OF TlIE
CAPTION HEREOF.
Classified Adve
STREET: PROVIDING
FOR A PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE:
PROVIDING FOR
REPEALING, SAV-
INGS AND SEVER.
ABILITY CLAUSES:
PROVIDING FOR AN
EFFECTIVE DATE OF
THIS ORDINANCE:
AND PROVIDING FOR
THE PUBLICATION
OF THE CAPTION
HEREOF.
ORDINANCE
NO. 2006.52
AN ORDINANCE OF
THE CITY COUNCIL
OF THE CITY OF
WYLIE, TEXAS,
EXTENDING UNTIL
SEPTEMBER 30, 2006,
OR UNTIL A NEW
FRANCHISE
BECOMES EFFEC-
TIVE, THE FRAN.
CHlSE GRANTED TO
ATMOS ENERGY
CORPORATION, TO
O~~,OPERATE,AND
MAINTAIN A GAS DIS.
TRIBUTION SYSTEM
IN THE CITY OF
WYLIE; PROVIDING
A REPEALING
CLAUSE: PROVIDING
A SEVERABILITY
CLAUSE; AND PRO-
VIDING AN EFFEC-
TIVE DATE,
ORDINANCE
NO.200C,-4Q
AN ORDINANCE OF
THE CITY OF WYLIE.
TEXAS ESTARI.\SH-
ING THE ~IAXIl\Jl1M
SPEED LIMITS ON S.H.
78 PROCEEDING
FROM THE CITY Lll\I-
ITS TO S,H. 205, WITH
SUCH STREET BEINl;
LOCATED IN THE
C1T\ OF WYLIE,
TEXAS, COLLIN
COllNT\, TEXAS:
PROVIOING FOR
NOTIFICATION OF
THE MAXIl\JlTl\I
SPEEIl LIMIT BY THE
INSTALLATION OF
SIGNS ANIl MARKERS
TO REGULATE
VEHICITL\R SPEED
ON THE DESll;NATEIl
John Mondy, Mayor
ATTEST:
Carole Ehrlich,
Cily Secretary
l
I~-Il-:U\}-]Illi
J~.a..:.tcl
Olllti""cd 1m page $
THE STATE OF
TEXAS, COUNTY OF
COLLIN, NO. 2006-45
is required. Call 972-442-5515
NOTICE
THE STATE OF
TEXAS,
COUNTY OF COLLIN;
NO. 2006.47
NOTICE is hereby ghen
that a hearing will be
held on the 17 day of
AUGUST, 2006 at 11:00
A.M. in the County
Court at the County
Courthouse of the above
named County in MCK-
INNEY, Texas on the
application of Ihe here.
inafter named owner for
a license to sell beer at
retail at a location not
heretofore licensed. The
substance of said appli-
cation is as follows:
1. Type of license or per-
mit WINE AND BEER
RETAILER'S OFF.
PREMISE PERMIT
2. Exact location of busi-
ness 617 S HWY 78
3l Name of owner or
owners. Rot provided
4. Assumed or trade
name KWIK CHEK #19
S. Corporation name
KWIK CHEK FOOD
STORES, INe.
6. Name and title of all
omcen of corporation
SMARTT, KEVIN
NOEL PRESIDENT
TAYLOR, WILLIAM
DOYCE-SECRETARY,
l person shall be per-
ted to contest the
cis stated in said appli-
cation and lhe appli-
cant's right to secure
said license or permit
upon giving security for
.cosls as provided by law.
NTMWD EAST FORK
RAW WATER WATER
SUPPLY PROJECT
326-5500 - DIVERSION
PUMP STATION
SECTION 00020
INVITATION FOR
BIDS
The North Texas
Municipal Water District
is soliciting proposals for
the construction of the fol-
lowing project:
East Fork Raw Water
Snppiy Project
Diversion Pump
Station
NTMWD Project No,
WCF 04-5
This project includes the
construction of a 165 mgd
elevated pump station on
piers, a 165 mgll diversion
structure Vo'lth trash rake
system on the East Fork of
the Trinity River; four ver-
tical turbine pumping
units (IWO 24 mgd and two
48 mgd capacity); a bridge
structure; now meter
vault: approximately 250
linear feet of 72" dis-
charge piping and 450 lin-
ear feel of 7W' low pre.s-
sure intake piping: and
miscellaneous site grad-
ing.
Sealed bids addressed 10
the President and Board of
Directors of the North
Texas Municipal Water
District will he received at
the Office of tbe
Executive Director at 505
Brown Street. Wylie,
Texas 75098 until IIl:OO
a,m. local lime, Thursday
September 14. 2006 The
bids will be puhlicly
opened and fead aloud at
this time ~ct,place. Bids
North Texas Canst
Reports
11)25 Pegasos #23
Dallas, TX 75238
Phone (2 14) 342-9:
Direct questions re
distribution of C
Documents and qu
related 10 the desigl
project to Mr
Altstaetter, P.E. 0
Plummer Associate
Direct questions re
the design of the pr
Mr. Alan Hutson,
Freese and Nichols
4055 International
Suile 200, Fort
Texas 76109, Phon
735-7315, Fax 181
7491.
ach@freese.com.
questions must be
led in writing, }:
forty-eight 1481
before the hid open
may be submitted
Plummer Associatl
or Freese and r-
lne.. via mail. fa
mail at the addres~
number or e~mail
(contact informati
vided above)
Bidders musl su
cashier's check, (
check, or acceJ'tal
dds bond with th
posal as a guaran
the B,dder will ent
(;ontract for the
with the Owner w
(10) days of N(
Award of the c
The security IT
payable to the Nor
Municipal Water
in the amount of I
cent (5%) of the I
milled. Contract
e:<el.'ule the
hands and certifi
insurance on Ihl
provided in the 1
Documents,