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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2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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. OF�l 7. A i ®TATS OF Tk�/ 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 I 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' zl_ 1 I 1 l -- -- -- -- -- -- -- -- -- - --0 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 N POINT OF COMMENCING SCALE: t" = 40' -- -- --— — N 90 °00'00" E 253.87' -- -- -- --- I N 90 °00'00" E 139.54' I I � I I N I W 0 O 0 O I Ln 1 O � IC O CD Q ZI O I I POINT OF BEGINNING U I L1 �- L L J z W 2,515 S.F. L7 o zo N VETERINARIAN o <- SPACE W LS I O Z L4 P V: L3 I°o sY I cn I I I 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' zl_ 1 I 1 l -- -- -- -- -- -- -- -- -- - --0 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 6. NV1cJ bOMJ 1NVN31 8609L SVX31'311,kM avad,,amo AdiNnoo ggt, IND 213AM 11V13d 00 < 00 < W UJ z Z ci N Country Club Rd crn LO W < LZ n Fr in N x Uj t LU Ui u� () co —,j j 71 W < 1 (n fr LL I (o LU w c6 Z LU aL L) ----------- --------------------- -7 l� r t CO < z w W I 75 ......... ............. Ui - -j wo Ui C/)� < I LU I Z 0 o_ < J W_ cr -J CO 00 -j LO C) < L� t-- C/) Wx< F- U) z P x 77 ------------- a- LL F— Of Z LL) 0 :) z < 00 0 0 LLi LLIM V! z U 04 < (0 >. j LO Vim 6. C&S. iu'> ]Farnrersbitle LrimrS • :Morph lionitoi • -1he Princeton Herald ?rfaSarch�i, :Nows THE WYLIE NEWS C 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 urph) S'k' Ir ,, ll' lu OII),, * 1 J() N. 13�rh�rrd • P O I3r>s ',6r) . u`� lic. J,\ ? 0r)ti • 972 4' 731 7 • 1 t\ 97' 142 t I MAR U 7 2013 Iarmci,�dI,,,Prin,00n( )ilick- -1015; alit- I'O1Ilo\512 Inrrncra�iII, IA 5- 942.1)7 :Rt- ('r'z)7• jv>271, O'_:3 f� 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.