Ordinance 2021-37ORDINANCE NO.2021-37
1 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 2021-18,
FROM COMMERCIAL CORRIDOR DISTRICT (CC) TO COMMERCIAL
CORRIDOR - SPECIAL USE PERMIT (CC -SUP), TO ALLOW FOR
COMMERCIAL DEVELOPMENT OF A RESTAURANT WITH A DRIVE-THRU;
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:
I 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, 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 Special Use Permit Conditions are an integral
component of the development of the property and are attached as Exhibits B and C, respectively.
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and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of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. 2021-37 - Dutch Bros ZC 2021-18
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 loth
day of August, 2021.
ATTEST:
J QKWJ)'g�
Stephanie Storm, City Secretary
DATE OF PUBLICATION: August 18, 2021, in The Wylie News I
Ordinance No. 2021-37 - Dutch Bros ZC 2021-18
OWNER'S CERTIFICATE AND DEDICATION:
STATE OF TEXAS Exhibit "A"
COUNTY OF COLLIN
Whereas 2819 West FM 544 Ventures, LLC, is the owner of two parcels of Land located in
the Moses Sparks Survey, Abstract No. 849, and being a part of McCord's Little Six
Subdivision, an unrecorded subdivision in the City of Wylie, Collin County, Texas as
described in Special Warranty Deed Instrument 20180119000072410 and
20180402000390500 in the office of the County Clerk, Collin County, Texas and more
particularly described as follows:
Beginning at an existing aluminum Texas Department of Transportation monument
marking the north right of way of F.M. 544 said monument depicted on the Final Plat of
McCord's 3 Addition, Lot 3, Block 1 as a Control Monument.
THENCE North 45°26'53" West a distance of 27.79 feet to a point on the east right of way
of Springwell Parkway marked by a one-half inch (1/2") rebar with Cole Design Group
cap.
THENCE along said Springwell Parkway east right of way, North 00017'55" West a
distance of 205.61 feet to a one-half inch (1/2") rebar with Cole Design Group cap on the
south line of an unrecorded ten -foot (10') alley of said McCord's Addition.
THENCE departing the east right of way of Springwell Parkway and traveling along said
south line of alley, South 84033'06" East a distance of 90.02 feet to a one-half inch (1/2")
rebar with Cole Design Group cap.
THENCE Continuing along said alley the following courses and distances:
South 00°57'27" East a distance of 5.00 feet to a one-half inch (1/2") rebar with Cole
Design Group cap;
South 84033'06" East through a one-half Inch (1/2") rebar with Cole Design Group cap at
a distance of 14.49 feet, to a one-half inch (1/2") rebar with Cole Design Group cap for
corner at a distance of 34.00 feet;
North 00°04'09" East a distance of 5.00 feet to a one-half inch (1/2") rebar with Cole
Design Group cap;
South 84033'06" East a distance of 86.02 feet to a one-half inch (1/2") rebar with Cole
Design Group cap marking the Northwest Corner of Lot 3, McCord's 3 Addition, Block 1.
THENCE departing said south line of alley and along the west line of said Lot 3, South
00'12'11" East a distance of 204.30 to a corner being on the north line of F.M. 544 and
from which a one-half inch rebar with Precise Land Surveying cap bears North 00048'22"
East a distance of 1.60 feet.
THENCE along said north right of way, South 89'44'14" West through a one-half inch
1 (1/2") rebar with Cale Design Group cap at a distance of 105.04, for a total distance of
189.03 feet to the Point of Beginning, containing 1.022 acres, more or less.
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Dutch Bros Coffee
EXHIBIT "C"
Conditions For Special Use Permit
PURPOSE:
The purpose of this Special Use Permit is to allow for a restaurant with drive-in or
drive -through service use as a Dutch Bros Coffee Shop.
II. GENERAL CONDITIONS:
1. This Special Use Permit shall not affect any regulations within the Zoning
Ordinance (adopted as of April 2021), except as specifically provided
herein.
2. The design and development of the Dutch Bros Coffee development shall
be in accordance with the Zoning Exhibit (Exhibit C).
III. SPECIAL CONDITIONS:
1. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan for the Dutch
Bros Coffee Development. Approval of the SUP shall act as site plan
approval.
2. This SUP 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, should any of the following occur:
a. MMCG DBR DFW, LLC, is not the sole owner of fee simple title to
the Property on September 7, 2021; or
b. The Property is not developed as a Dutch Bros coffee shop by
August 10, 2022. "Developed" being defined as the Property
owner(s) on the referenced date receiving a signed Certificate of
Occupancy from the City; or
c. The use of the Property ceases as a Dutch Bros coffee shop and/or
approval of a new or revised site plan is required.
Page 1 of 1
Sachso NCNNI� - THE WYLIE NEWS
!C& T, 1) k' _10i Murphy Monitor I The Princeton Herald •
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MOM UWAZWK619JR010
1&efore me, the undersigned authority, on this day personally appeared Chad Engbrockm,
[•'ublisher of C & S Media, dba The, Wylie New�, a newspaper�regularly published in 0
Collin County, Texas and havih general circulation in Collin County, Texas, and be1rrv,-,-,
a
in compliance with Section 2051.044, Texas 00ctkunt Cb&(� (2), �5)� and
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice — Ordinance No. 2021-37; Ordinance No. 2021-3
and Ordinance No. 2021-39
was published in said newspaper on the following date(s), to-wi
August 18,2021
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 191h day of August, 2021, to certify which
witness my hand and seal of office.
SONIAADUGGAN
Notary ID #126646343
My Commission Expires
August 12, 2024 i
Notary Ptbiic I or
The State of Texas
m u rptlylis ,jc yl i e Office - 110 N. Ballard - P.O. Box 369 - Wylie, T3i 75098 - 972 -442-5515 - fax 972-442-43 18
Farme rsvi 11 kon o rt'i cc - 1 of s . Main - P.O. Box 512 - Farm c rsvi I I e, TX 75442 - 972-784-63 97 - fax 972-782-7023