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Ordinance 2021-02ORDINANCE NO. 2021-02 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, AMENDING ORDINANCE NO. 2006-04 OF THE CITY OF WYLIE (THE ZONING ORDINANCE, AS AMENDED), ARTICLE 5, SECTIONS 5.1.F LAND USE CHARTS AND 5.2.F LISTED USES; MODIFYING CERTAIN REGULATIONS RELATING TO DEVELOPMENT STANDARDS OF THE AUTOMOTIVE REPAIR, MINOR USE IN THE CITY OF WYLIE; PROVIDING A PENALTY CLAUSE, SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE AND AN EFFECTIVE DATE; 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 it would be advantageous and beneficial to the citizens of the City of Wylie, Texas ("Wylie") to amend Article 5, Sections 5.1.F and 5.2.F, of Ordinance No. 2006-04, the Zoning Ordinance, as amended, to modify regulations relating to Development Standards of the Automotive Repair, Minor Use in the City of Wylie; and WHEREAS, the City Council finds that this Ordinance contains textual amendments to the Zoning Ordinance that do not change zoning district boundaries, and therefore, written notice to individual property owners is not legally required; and WHEREAS, the City Council finds that all legal notices required for amending the Zoning Ordinance have been given in the manner and form set forth by law, public hearings have been held on the proposed amendments and all other requirements of notice have been fulfilled; and WHEREAS, the City Council finds that it is in the best interests of Wylie and its citizens to amend the Zoning Ordinance as set forth below, and that such amendments are in furtherance of the health, safety, morals and general welfare of the Wylie community and the safe, orderly and healthful development of Wylie. NOW, THEREFORE BE IT, ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: Article 5, Sections 5.1.F and 5.2.F of Wylie's Zoning Ordinance, Ordinance No. 2006-04, are hereby amended as set forth in Exhibit A, attached hereto and incorporated herein by reference for all purposes. SECTION 3: The Zoning Ordinance, 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 Ordinance No. 2021-02 Amending Ordinance No. 2006-04 - Development Standards of The Automotive Repair, Minor Use 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. SECTION 4: 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. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Any person, firm, corporation or entity violating this Ordinance or any provision of Wylie's Zoning Ordinance, as amended, shall be deemed guilty of a misdemeanor, and on conviction thereof, shall be fined in an amount not exceeding Two Thousand Dollars ($2,000.00). A violation of any provision of this Ordinance shall constitute a separate violation for each calendar day in which it occurs. 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: 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, this 12th day of January, 2021. ATTEST: dupkama 0.0, Stephanie Storm, City Secretary Dates of Publication: January 20, 2021 in the Wylie News Ordinance No. 2021-02 Amending Ordinance No. 2006-04 - Development Standards of The Automotive Repair, Minor Use a„o CITY OF WYLIE ZONING ORDINANCE Permitted Uses Residential Districts Non -Residential Districts Parking Low Density High Density Commercial Industrial Mixed -Use F. Retail, Personal Service & Commercial AG/ 30 SF- ED SF- 20/ 26 SF- 10/ 24 TH MF Mil NS CR CC BG L I H I DTH SBO 1. Animal Clinic or Hospital S S P P 1 per 400 sq ft (L) 2. Automobile Rental S P * P P * P 1 per 400 sq ft (L) 3. Automobile Repair, Major S S P 1 per 400 sq ft (L) 4. Automobile Repair, Minor S S S P P 1 per 300 sq ft (L) 5. Body Art Studio P* P* 1 per 150 sq ft (L) 6. Car Wash S S S Per approved SUP (L) 7. Club or Lodge (Non-profit) P P P P P 1 per 200 sq ft (L 8. Contractor's Maintenance Yard S P 1 per 500 sq ft main structure (1-) 9. Dry Cleaning or Laundry, Drop -Off or Self Service P P P P P P* 1 per 350 sq ft 10. Cleaners (Commercial) S P* P* 1 per 1000 sq ft (L) 11. Equipment Rental S S S P P 1 per 500 sq ft P=Permitted P*=Permitted with additional requirements when located in this district. S=Special Use Permit T=Temporary Use Permit (L)=Loading spaces are required w CID' OF WYLIE ZONING ORDINANCE 4. Automobile Repair, Minor a. Definition: Auto service center means a facility for the servicing or minor repair of automobiles. This use may include the retail sales of lubricating oils, tires, or parts for use in motor vehicles. Minor repairs include replacement of engine, transmission, chassis and drive train parts, tune-up and adjustments of motor vehicle engines and systems, and the replacement and repair of minor body parts such as windshields and windows and body trim parts. This use does not include rebuilding of engines or the restoration and painting of motor vehicles. b. Additional Provisions: (I) All activities and operations shall be conducted entirely within an enclosed structure. (2) Noise from bells or loudspeakers shall not be audible beyond the property line at any time. Openings in service bays shall not face public rights -of -way and shall be designed to minimize visual intrusion into adjoining properties. LI and HI Districts: (I) Automobile Repair, Minor shall require an SUP when located within 300 feet of a residentially zoned district. (3) C&S media The gfarinersbille Tinted • Murphy Monitor • The Princeton }Jerald • 7kSachse News • THE WYLIE NEWS 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 #2021-01, Ordinance #2021-02 and Resolution #2021-01(R) was published in said newspaper on the following date(s), to -wit: January 20, 2021 Chad Engbrock, Publisher Subscribed and sworn before me on this, the 21st day of January, 2021, to certify which witness my hand and seal of office. SONIA A DUGGAN Notary ID #126646343 My Commission Expires August 12, 2024 ye6101a0 Notary Publi I d for The State of Te . s My commission expires 08/12/2024. Murphy/SachseAVylie Office • 110 N. Ballard • P.O. Box 369 • Wylie, TX 75098.972-442-5515 • fax 972-142-4318 Famrersvillc/Princeton Office • 101 S. Main • P.O. Box 512 • Farmcrsville, TX 75442 • 972-784-6397 • fax 972-782-7013 CITY OF WYLIE I Ordinance No. 2021-01 • An Ordinance Of The 1 City Council Of The City Of Wylie, Texas, Amending Ordinance No. 2007-23 Of The ' City Of Wylie (The • Zoning Ordinance, As Amended), Article 2, Section 2.5.C; Modi- fying Certain Regula- tions Relating To De- , velopment Standards For Accessory Struc- tures In The City Of Wylie; Providing A Penalty Clause, Sav- ings/Repealing Clause, Severability Clause And An Effective Date; And Providing For The Publication Of The Caption Hereof. Ordinance No. 2021-02 An Ordinance Of The ' City Council Of The City Of Wylie, Texas, i Amending Ordinance No. 2006-04 Of The City Of Wylie (The Zoning Ordinance, As Amended), Article 5, Sections 5.1.F Land Use Charts And 5.2.F Listed Uses; Modify- ing Certain Regula- tions Relating To De- velopment Standards Of The Automotive Repair, Minor Use In The City Of Wylie; Providing A Penalty Clause, Savings/Re- pealing Clause, Sever- 1 I ability Clause And An , Effective Date; And Providing For The Publication Of The Caption Hereof. 4C January 20-21, 2021 Resolution No. 2021-01(R) A Resolution Of The City Council Of The City Of Wylie, Texas, Determining A Public Necessity To Acquire Certain For Public Use By Eminent Domain (In Fee Simple) For - The Construction, Ex- pansion, Access, Re- pair, Maintenance And • Replacement Of The Ballard Avenue Elevat- ed Water Storage Tank; I. Giving Notice Of An Official Determination To Acquire Certain • For Public Use By Em- inent Domain (In Fee • Simple) For The Con- 1 struction, Expansion, Access, Repair, Main- j tenance And Replace • - ment Of The Ballard Avenue Elevated Water Storage Tank; Autho- j rizing The City Man- ager Of The City Of , Wylie, Texas, To Es- tablish Procedures For Acquiring The Prop- _erty (In Fee Simple), '. Offering To Acquire Said Property Rights, Voluntarily, From The Landowner(S) 1 Through The Making Of A Bona Fide Offer; Appropriating Funds; Providing For Repeal- ing, Savings And Sev- • erability Clauses; And Providing For An Ef- fective Date. . 1 38-it-1161i