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Ordinance 2021-38' ORDINANCE NO.2021-38 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 2021-16, 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3: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. SECTION 7: This ordinance shall be in full force and effect from and after its adoption by the City Ordinance No. 2021-38 - Chipotle ZC 2021-16 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 I0th day of August, 2021. ATTEST: d"k"J-L Stephanie Storm, City Secretary DATE OF PUI Ordinance No. 2021-38 - Chipotle ZC 2021-16 I Exhibit "A" - Legal Description BEING a 1.38 acre tract of land situated in the S.B. Shelby Survey, Abstract Number 820, City of Wylie, Collin County, Texas and being all of Lot 1A of Wylie Hibernia Addition, recorded in Volume 2006, Page 333 of the Plat Records of Collin County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at an "X" cut found at the North Corner of said Lot 1A and the common Northwest corner of Lot 2A, Block A of the Moussa-Switzer Addition, an addition to the City of Wylie, recorded in Cabinet G, Page 414 of the Plat Records of Collin County, Texas and in the Southeast Right -of -Way (R.O.W.) line of State Highway 78 (a variable width R.O.W.); THENCE with the East line of said Lot 1A the following courses and distances; S 37"45'49" E with the common West line of said Lot 2A, Block A, a distance of 169.39 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set at the North corner of Lot 2B-R, Block A, of the Moussa-Switzer Addition, an addition to the City of Wylie, recorded in Cabinet H, Page 179 of the Plat Records of Collin County, Texas; S 52°31'23" W with the common West line of said Lot 2B-R, Block A, a distance of 62.56 feet to an "X" cut found; S 02*32'14" W with the common West line of said Lot 2B-R, Block A, a distance of ' 162.40 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set at the Southeast corner of said Lot 1A and the common Southwest comer of said Lot 2B-R, Block A and in the North R.O.W. line of W. Kirby Street (an 80' wide R.O.W.); THENCE N 88004'06" W with the South line of said Lot 1A and the common North R.O.W. line of said W. Kirby Street, a distance of 164.36 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set at the Southwest corner of said Lot 1A and the common Southeast corner of Lot 1, Block A of the Best Corner Wylie Addition, recorded in Volume 2018, Page 512 of the Plat Records of Collin County, Texas; THENCE with the West line of said Lot 1A the following courses and distances; N 01019'16" E with the common East line of said Lot 1, a distance of 50.45 feet to a 1/2" iron rod with cap stamped "EAGLE SURVEYING" set; N 37°37'49" W continuing with the common East line of said Lot 1, a distance of 149.58 feet to a 1/2" iron rod found at the North corner of said Lot 1 and in the South R.O.W. line of said State Highway 78; N 52"24'29" E with the common Southeast line of said State Highway 78, a distance of 261.91 feet to the point of beginning and containing 1.38 acres of land more or less. ------------- ------ -----' rapt ---------------------- —� ME < 60 'lZ L] is .B. YQIW9 � �»mnsriw Sus •� C? � d �m�ww � e_�wwm`_wen.m LP-1 0gg3 5� %..1 M�WEPAMMO�ie_�/JWN°MU E R-INfFPMXO....u'-. _....- V �'Z 7 [I ` 1 -- ------------i 1-0 gI al so 7 y J ` 1 m�o�svovirox ww I I ���� NGI�NEER117G 1 A�AA�A ^^oAiME SIZES l AAAAeeABAAAAAA�A�A ,� eao�ecmw evcrniuxnrn Ox-=ECIIdifEVfE--A- ce�aa;�.>•-s%3sa_�{'s_.�i� �... 1=mod. (`11�Een� rnweexce.iew.x TD-2 EXISTING STONE BANDING, PAINTED "KNIGHTS ARMOR", TYP. B REEZ+ EM-1'1 m ml I I I EXISTING STONE NORTHWEST EXISTING STONE _ BANDING, PAINTED I> "KNIGHTS f I ARMOR",TYP. EXISTING STONE F' EXISTING EIFS NORTHEAST 5 1 3Meu, s, DUWEST WYLIE SHELL swm aoo Fa,w,m.nc,e,oz ELEVATIONS 499TX-78 +� wvezaws+ 06 14 2021 rs serszaesn WYLIE, TX 75098 EXISTING STONE J ' BANDING, PAINTED BREEZE e f "KNIGHTS EXISTING STONE SOUTHEAST EXISTING STONE BANDING, PAINTED "KNIGHTS ARMOR", TYP. ,1 ®Tm Hoff BRE EZE CA0. ENT /I EXISTING STONE \ I i In NI I SOUTHWEST scar SI DUWEST WYLIE SHELL For wane, iz iam ELEVATIONS 499 TX-78 19W: en.eso06/14/2021n682M4. e+v = WYLIE, TX 75098 ®N yam^ 1 16 1 0 ' Wylie Crossing EXHIBIT "C" Conditions For Special Use Permit I. PURPOSE: The purpose of this Special Use Permit is to allow for a restaurant with drive-in or drive -through service use as a Chipotle restaurant. 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 Wylie Crossing development shall ' take place in general accordance with the Concept Plan (Exhibit C). III. SPECIAL CONDITIONS: 1. The Zoning Exhibit (Exhibit C) shall serve as the Site Plan for the Development. Approval of the SUP shall act as site plan approval. 2. Parking spaces in access of the minimum required shall be a minimum of 9' x 18'. 3. This SUP shall be voided and the property reverted to the underlying Commercial Corridor zoning should the use cease and approval of a new site plan be required. Page 1 of 1 Sachso NCNNI� - THE WYLIE NEWS !C& T, 1) k' _10i Murphy Monitor I The Princeton Herald • S omm 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