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Ordinance 2021-45 ORDINANCE .2021- 5 AN ORDINANCETHE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE I ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE T NING ON THE HEREINAFTER DESCRIBEDPROPERTY, ZONING CASE NUMBER 221-20, FROM COMMERCIAL CORRIDOR (CC) TO PLANNED E L P NT - COMMERCIAL C ( -CC), TO ALLOWCOMMERCIAL DEVELOPMENT OF A MOTOR VEHICLE FUELING STATION, A RESTAURANT WITH DRIVE-THRU SERVICE, A CAR WASH; PROVIDING FOR A PENALTY FOR THE VIOLATION THIS IAC ; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR A 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 YLIE, S: 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 Planned Development - Commercial Corridor, said property being described in Exhibit A(Legal Description), 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SECTION 2 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 : 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 as described in Exhibit B (PD Conditions) and Exhibit C (Zoning Exhibit). 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. 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 Ordinance No.2021-45 Fuel 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 14th day of September,2021. Vaithew Porter,Mayor ATTEST: W, Stephanie Storm, City Secretary a DATE OF PIA, Oieffiber 22 -2021 in 4he Wylie News. Ordinance No.2021-45 Fuel City BEING a 7.79 acre tract of land out of the FRANCISCO DE LA PENA SURVEY, ABSTRACT NUMBER 688, situated in the City of Wylie, Collin County, Texas, being a portion of Lot 1, Block A, Woodlake Village, a subdivision of record in Cabinet G, Page 385 of the Map Records Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING, at a 1/2-inch iron rod with yellow cap stamped "HALFF" found at the North end of a cutback line at the intersection of the East right-of-way line of Eubanks Lane (a 65-foot right-of-way), and the North right-of-way line of State Highway No. 78 (right-of- way varies), being the Northwest corner of a called 5,724 square feet of land conveyed to the State of Texas by deed of record in Volume 5266, Page 5809 of the Deed Records of Collin County, Texas, also being in the West line of said Lot 1, Block A, Woodlake Village, for the most Westerly Southwest corner hereof; THENCE, N00°30'15"E, along the East line of Eubanks Lane, being the common West Line of said Lot 1, Block A, Woodlake Village, a distance of 294.82 feet to a 1/2-inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the intersection of the East right-of-way line of Eubanks Lane and the South right-of-way line of Centennial Drive (a 60-foot right-of-way), being the Northwest corner of said Lot 1, Block A, Woodlake Village and hereof; THENCE, departing the East right-of-way line of Eubanks Lane, along the South right-of- way line of Centennial Drive, being the common North line of said Lot 1, Block A, Woodlake Village, the following two (2) courses and distances: 1. N67°08'13"E, a distance of 774.73 feet to a 1/2-inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the point of curvature of a tangent curve to the right; 2. Along said tangent curve to the right, having a radius of 1970.00 feet, a chord bearing of N67°23'09"E, a chord length of 17.13 feet, a delta angle of 00°29'54", an arc length of 17.13 feet to a 1/2-inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set at the end of said curve, for the Northeast corner hereof; THENCE, S00°53'13"W, departing the South right-of-way line of Centennial Drive, over and across said Lot 1, Block A, Woodlake Village, a distance of 628.18 feet to a 1/2-inch iron rod with green plastic cap stamped "EAGLE SURVEYING" set in the North right-of- way line of State Highway No. 78, being the North line of said 5,724 square foot tract, for the Southeast corner hereof; THENCE, along the North right-of-way line of State Highway No. 78, being the North line of said 5,724 square foot tract, the following four (4) courses and distances: 1. N89°03'48"W, a distance of 587.92 feet to an aluminum Texas Department of Transportation monument found; 2. N89°43'22"W, a distance of 67.45 feet to an aluminum Texas Department of Transportation monument found; 3. S89007'47"W, a distance of 49.89 feet to an aluminum Texas Department of Transportation monument found; 4. N46°25'26"W, a distance of 23.98 feet to the POINT OF BEGINNING, and containing an area of 7.79 Acres, (339,256 Square Feet) of land, more or less. EXHIBIT "B" CONDITIONS FOR PLANNED DEVELOPMENT 2021-20-CC I. PURPOSE: This Planned Development District shall be established to provide Convenience Store with Motor Vehicle Fueling, Restaurant with Drive-Thru Service, Truck Fueling, and Automatic Car Wash uses to support the economic growth within the region. 11. GENERAL CONDITIONS: 1. This Planned Development District shall not affect any regulations within the Code of Ordinances, except as specifically provided herein. 2. This Planned Development District shall not affect any regulations of the Commercial Corridor District (CC) set forth in Article 4, Section 4.1, of the Comprehensive Zoning Ordinance (adopted as of April 202 1) except as specifically provided herein. III.SPECIAL CONDITIONS: 1. All allowed uses in the Commercial Corridor District (CC), as set forth in Article 5 of the Comprehensive Zoning Ordinance (adopted as of April 2021), in addition to those listed in this paragraph shall be allowed by-right uses. a. Car Wash b. Convenience Store b. Motor Vehicle Fueling Station c. Restaurant with Drive-in or Drive-Thru Service 2. All additional provisions for both by-right and SUP uses shall remain in effect 3. All other uses shall be prohibited on the subject property: 4. The subject property shall be developed in conformance with all regulations of the Commercial Corridor Zoning District set forth in, Section 4.3, and Section 5.2 of the Zoning Ordinance (adopted as of April 2021) in every respect with exception to the uses indicated in Section 111.1, 111.2, and 111.3 above. 5. Design criteria shall be in conformance with Commercial Corridor Architectural Design Requirements of the Zoning Ordinance (adopted as of April 2021). 6. Prior to development, approved plats and site plans shall be required. 7. The subject property shall be developed in conformance with all regulations of Section 4.3 (Design Standards), Figures 4-7, 4-8, and 4-9 and their associated definitions set forth in the Comprehensive Zoning Ordinance (adopted as of April 2021). 8.A landscape buffer shall be placed between the C-store/Car wash(generally the southern half of the property) and the Commercial Vehicle area (generally the northern half of the property)consisting of drought resistant native Texas trees(10' minimum height at planting and 50' OC) and bushes (2' minimum height at planting and grouped between trees). 9. The monument sign for the convenience store shall be allowed to have a maximum width of 12 feet and a maximum height of 14 feet. 10. Overnight truck parking shall be prohibited from the hours of 8m - 6am. 11. All exterior lighting, excluding backlit signage and branding, shall be downward-facing. Exhibit C W4 �r s SCALE: 1'-40' FTME r �» h VICINITY MAP } LOT f• p^' - as .,.,....., 1 ,c�:c >,c.rwcec BL04X R ��" ✓ t t Y PP +Q+ ➢pWANE NLLAGE r ! +Y v+�„s,U'asi o xcsauxarvr vniw wx n+w swa¢s rw wox+e,c us 1 1 cei® G�`0•PG JmS MRGB T. / �{ � � _Mryp� � 1 �� i � a r mm wvwwccs m rx2 cTr a wruc Eaxus 4a wm sr+u �. I t Y ��® 'yje�'. #�°° •� �`� '4F '� E Po e�.nwc xAwr u ssconsu } sy i ed l Tc ^" 1a 'F.7B RCffi , 1 ��.L� a.ems �.; 1 p 2<<s J 4 PVas+c i „ µ .�. L uxoFAulPmo Mla sr+u e[ Fuaxo m � y m+' m a 9d -- OT 1 L 4Gk S St%t+s T� P,RT OG � � Q R0 OG E LANDSCAPE TABULATION LOT I A uxosuwE Aanea Rea 'er. 4gi1DLAN NLLA6E 9 \ z± gPmF m985 5G TOTAL LM1056APE MEw PRONDED: 75.18§iSG(222X) APPLICANT, ¢ ' TRINITY RIVER DEVELOPNENT,LLC w¢Ortv TRAva cOasm n 4 15 LAKEVIEW AVENUE 9 «e iii Wrtx A TEXAS 7 ®TAwuxr uo EAV-Tww ARE & CONTACT- OIETT,MARK OIETZ t J [[ Y D,mi0 e0.PT.to no ea FT. 0 4 TEL,214-808-7258 AND DOY PA110 m02 BO FT. � S—'- CARWABN � 4 fb$YT HOf. F# Am SQ FT OW NER DIYAR REAL ESTATE,LLC 6 4� Y� 2300 8W72.-V8 A1dL-0LE2Yd 8V IEW LAN E 4w SATE 233 _mQ ____ _ - _- IRVINO,TEXAS 75082 CONTACT,AHMEU HU88EIN i �PLW DPY & n - 1 Wulf wwwm '^"�_ °'. Y�.. {�. 'e �.�.d � v-..z>,, in' L "�` "� a•a*+ [ate,' ". 4 �.`Y..�Cs2�'�i. in#av,��, � "`Y€a' �,��.. � z d [,fin >�a�eaecm 4' r T �;� ,_ � _ w_�a - � � CASE NO,zc xo2r2o ' _ o .,_e..�•. g4 H f _ Ra,Y+v PD ®F£T TOPMz NT PLAN .z.,,®. — .e,. —..� — _,_.._ STATE ikiWAY PF4.78 ONING __._a NAri�asarma UNE iemo j j ate. 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MIO WALL_ I FUEL CITY • 9 "*� 1 BOON,STATE HWY 78 a WYLIE,TEXAS aua.sa�-e�"' tro�.zr s�,rf rar3tri '� 6=„*astt 6r#G 4 CONCEPTUAL ELEVATIONS "CONCEPTUAL ELEVATIONS SUBJECT TO CHANGE" A101 y I 4 . e` i i a s � �' �_" m iniwewisxxma erns"rt oon P[mmx �T F 1 i 3 e � t ' s jr 07/26121 5�k+nf�W.. a 9D NEW :!: Li UY✓S 1 i114 it l,k —SIDNS. � g 4 l FUEL CITY ' 1800 N.STATE HWY 78 F WYLIE,TEXAS £ � A PROJLC'SLV13f! P NumEer s ' SSLI.1: 1 DBIe ❑RAWN.N ANFor C�F C.(FD Nv CFackar 3-D VIEWS "CONCEPTUAL ELEVATIONS SUBJECT TO CHANGE" Al a a'„kEx — i 35'-a vi�H.fi®_.�:»—. -_....,. �F�;��,.,.�.._�P g �•€ Lou IN ------------- MIO}yALL _ _ 2 -a-- -� W I x�4i32 ' `� v � `'s° rsc�s eec®cooAwww.cm'P� ���,��. �xmcui mrrs�"ivwssmma crnsun a.aw +.c;�,�>� vz_sa &,a».�su rw�. .—.,re�.�;uw sn - •, 3 HIGH WALL #;`b€'.+f'A JS.p r F a ti 4i t4' d 3 - 07/26/21 1 evef- V , MEIM- - tl-a• "_" - _—Levelt .1.""I L7 UY+Sif 171711 Ii:;is a li s..—a — Y— HIGH WALL b ... Wo WALL LOW WA- FUEL CITY CARWASH WYLIE,TEXAS , iz�H f,. n CONCEPTUAL ELEVATIONS I 1 "CONCEPTUAL ELEVATIONS SUBJECT TO CHANGE" 03 r s Y ? = �SRI-- i n 7777,7777, • a ..a �j g t "'gym y q p{ +� 5 oanxevxcax x : mmemJssmmmcwsvn 2 4= 3 Y es 3 07/26/21 3 U r z REVISIONS: FUEL CITY CARWASH , WYLIE TEXAS .*2.x Numba� '. A.- C#?gsksr 3-D VIEWS "CONCEPTUAL ELEVATIONS SUBJECT TO CHANGE" Al4 j C&S She 3Furmersbille tuar5 • Murphy Monitor • The Princeton Herald • %,S1chse Nears • 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 No.2021-45 was published in said newspaper on the following date(s), to-wit: September 22, 2021 Chad Engbrock, Publisher Subscribed and sworn before me on this,the 23`d day of September, 2021,to certify which witness my hand and seal of office. 6110 SONIAADUGGAN Notary ID#126646343 Notary Public i r My Commission Expires The State of Texas August 12,7024 My commission expires 08/12/2024. Murphy/SachsOWylie Office•110 N.Ballard•P.O.Box 369•Wylie,TX 75098.972-442-5515•fax 972-142-4318 FammrsvillcTrince6n Offier•101 S.Main•P.O.Box 512•FnnnersvH1e,TX 75442•972-784-6397•fax 972-782-7023 CITY OF WYLIE ' Ordinance No.2021-45 An Ordinance Of Thel City Of Wylie, Texas,l Amending The Com- prehensive Zoning Or- dinance•Of The City Of Wylie, As Hereto- fore Amended, So Asl To Change The Zon-, ing On The Hereinafter, Described Property,i Zoning Case Numbers -2021-20, From Com- mercial Corridor (Cc) ITo Planned Develop, ,ment - Commercial lCorridor (Pd-Cc), To Allow For Commer cial Development Of A Motor Vehicle Fueling, Station, A Restaurant l With Drive-Thru Ser-: vice,And A Car Wash; Providing For A Pen- alty For The Violation' Of This Ordinance; Providing For The Re- peal Of All Ordinances In Conflict; Providing A Severability Clause; And Providing For An ' Effective Date. _ 21-tc-asly