Ordinance 2013-05ORDINANCE NO. 2013 -05
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 2012 -11, FROM
NEIGHBORHOOD SERVICES (NS) DISTRICT TO
NEIGHBORHOOD SERVICES WITH A SPECIFIC USE
PERMIT (NS -SUP) DISTRICT FOR AN ANIMAL CLINIC
OR HOSPITAL USE LIMITED TO A LEASE SPACE
(SUITE 110) OF 2,515 SQUARE FEET; 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:
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 Neighborhood Services with an
SUP (NS -SUP), said property being described in Exhibit "A" (Legal Description), Exhibit "B"
(Development Plan), Exhibit "C" (SUP Conditions), Exhibit "D" (Tenant Floor Plan) attached
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ordinance be, and the same are hereby, repealed and all other ordinances of the City not in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 3: 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 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.
Ordinance No. 2013 -05 Amending the Comprehensive Zoning Ordinance Page 1 of 6
SUP for an Animal Clinic or Hospital - Rezoning from NS to NS -SUP
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 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 12th day of February, 2013.
Eric Hogue, Ua or
ATTEST:
Carole Ehrlich, Ci ecretary
DATE OF PUBLICATION: February 13, 2013 in the Wylie News.
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Ordinance No. 2013 -05 Amending the Comprehensive Zoning Ordinance Page 2 of 6
SUP for an Animal Clinic or Hospital - Rezoning from NS to NS -SUP
EXHIBIT 'A'
LEGAL DESCRIPTION
FOR
VETERINARIAN SPACE
WHEREAS, WYLIE POINT, LP, a Texas limited partnership, is the owner of a tract of land
situated in the Charles Atterbury survey, Abstract No. 22, being all of Lots 2 and 3, Block A, Zlan
Corner Addition, an addition in the City of Wylie, Texas according to the Plat thereof recorded in
Book R, Page 16, Official Public Records, Collin County, Texas and being a portion of that certain
tract of land conveyed to Wylie Point, LP by Special Warranty Deed recorded in Book 5993, page
977, official public records, Collin County, Texas, and being more particularly described as
follows:
COMMENCING at a 1/2 inch iron rod on the east right -of -way line of Country Club Road (FM
1378) and the West line of said Lot 3, Block A, said point also being in the South line of a tract of
land conveyed to F.O. Birmingham Memorial Land Trust by Warranty Deed recorded in Book
5832, Page 794, Official Public Records, Collin County, Texas;
Thence North 90 Degrees 00 Minutes 00 Seconds East, departing said East right -of -way line of
said Country Club Road, and along the North line of said Lot 3, Block A, a distance of 139.54 feet
to a point for corner;
Thence South 00 Degrees 00 Minutes 00 Seconds East, departing said north line of said Lot 3,
Block A, a distance of 121.92 feet to the POINT OF BEGINNING of herein described tract;
Thence North 90 Degrees 00 Minutes 00 Seconds East, a distance of 62.17 feet to a corner;
Thence South 00 Degrees 00 Minutes 00 Seconds East, a distance of 40.92 feet to a corner;
'Thence South 90 Degrees 00 Minutes 00 Seconds West, a distance of 63.67 feet to a corner;
Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 1.50 feet to a corner;
Thence North 90 Degrees 00 Minutes 00 Seconds East, a distance of 2.83 feet to a corner;
Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 29.67 feet to a corner;
Thence South 90 Degrees 00 Minutes 00 Seconds West, a distance of 4.17 feet to a corner;
Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 3.00 feet to a corner;
'Thence North 90 Degrees 00 Minutes 00 Seconds East, a distance of 2.83 feet to a corner;
Thence North 00 Degrees 00 Minutes 00 Seconds West, a distance of 6.75 feet to the POINT OF
BEGINNING and containing 2,515 square feet.
Ordinance No. 2013 -05 Amending the Comprehensive Zoning Ordinance Page 3 of 6
SLIP for an Animal Clinic or Hospital - Rezoning from NS to NS -SUP
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I L 1 N 90 °00'00" E 62.17' r`
L2 S 00`00'00" E 40.92'
L3 S 90 °00'00" W 63.67'
L4 N 00 °00'00" W 1.50'
N I L5 N 90 °00'00" E 2.83'
Lj L6 N 00 °00'00" W 29.67' I
'2 L7 S 90 °00'00" W 4.17'
w L8 N 00 °00'00" W 3.00'
m I L9 N 90 °00'00" E 2.83'
L10 N 00 °00'00" W 6.75'
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S 90 °00'00" W 258.63'
ZLAN CORNER (WYLIE POINT)
EXHIBIT'B' 456 COUNTRY CLUB RD.
Ordinance No. 2013 -05 Amending the Comprehensive Zoning Ordinance WYLIE, TEXAS 7P� of 6
SUP for an Animal Clinic or Hospital - Rezoning from NS to NS -SUP
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L2 S 00`00'00" E 40.92'
L3 S 90 °00'00" W 63.67'
L4 N 00 °00'00" W 1.50'
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'2 L7 S 90 °00'00" W 4.17'
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L10 N 00 °00'00" W 6.75'
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S 90 °00'00" W 258.63'
ZLAN CORNER (WYLIE POINT)
EXHIBIT'B' 456 COUNTRY CLUB RD.
Ordinance No. 2013 -05 Amending the Comprehensive Zoning Ordinance WYLIE, TEXAS 7P� of 6
SUP for an Animal Clinic or Hospital - Rezoning from NS to NS -SUP
Exhibit "C"
Zoning Case 2012 -11
Conditions for Specific Use Permit for Animal Clinic, Hospital
Zlan Addition, Block A, Lot 3, Suite 110
1. The Specific Use Permit (SUP) shall not affect any regulations within Zoning Ordinance, except as
specifically provided herein.
2. All regulations of Neighborhood Services (NS) zoning district set forth in Article 4, Section 4.3 of
the Comprehensive Zoning Ordinance (adopted as of December 2012) are included as reference
and shall apply as provided herein.
3. In case of any conflict, the zoning exhibit and /or this document shall take precedent.
4. The Specific Use Permit (SUP) associated uses for Animal Hospital, Clinic shall be limited to
designated suite within the shopping center.
5. There shall be no outside kennels and or pens associated with SUP.
6. Indoor kennels and overnight lodging of animals shall be limited not to exceed 427 square feet
and or 17 % of total square footage of floor area of the clinic.
7. The clinic shall comply with all local and state health codes and regulations associated with
veterinary care and treatment of animals.
8. The operation of the clinic shall in noway adversely conflict and negatively impact the City of
Wylie's Shelter and Adoption Program, but shall on occasion be allowed to work cooperatively
with City in cases of joint adoption and animal care programs.
Ordinance No. 2013 -05 Amending the Comprehensive Zoning Ordinance Page 5 of 6
SLAP for an Animal Clinic or Hospital - Rezoning from NS to NS -SUP
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STATE OF TEXAS ,
COUNTY OF COLLIN
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
Ordinance No. 2013 -05
was published in said newspaper on the following dates, to -wit:
February 20, 2013
L�
C%
had Engbrock, Publisher
4
Subscribed and sworn before me on this, the DO day of , 2013
to certify which witness my hand and seal of office.
IV{Fr-NA D. L
r' of i i � r- .:_i�tf tr TFxas
iIs v \�y C >s nn Expires
March 21, 2013
N f Joa
Notary Public in and for
The State of Texas
My commission expires
WED
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Wednesday, February 20, 2013
ORDINANCE
N0, 2013 -05
AN ORDINANCE OF
THE CITY OF WYLIE,
TEXAS, AMENDING
THE COMPREHEN-
SIVE ZONING ORDI-
NANCE OF THE CITY
OF WYLIE, AS HERE-
TOFORE AMENDED,
SO AS TO CHANGE
THE ZONING ON
THE HEREINAFTER
DESCRIBED PROP-
ERTY, ZONING CASE
NUMBER 2012 -11,
MOM
NUMBER
SERVICES
(NS) DISTRICT TO
NEIGHBORHOOD
SERVICES WITH
A SPECIFIC USE
PERMIT (NS -SUP)
DISTRICT FOR AN
ANIMAL CLINIC OR
HOSPITAL USE LIM-
ITED TO A LEASE
SPACE (SUITE 110)
OF 2,515 SQUARE
FEET, PROVIDING
FORA PENALTY FOR
THE VIOLATION OF
THIS ORDINANCE;
PROVIDING FOR
THE REPEAL OF ALL
ORDINANCES IN
CONFLICT; PRU ID-
ING A SEVERA
ITY CLAUSE;,
PROVIDING FOR AN
EFFECTIVE DATE.