Loading...
Ordinance 1993-57 ORDINANCE NO.93-57 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS HERETOFORE AMENDED SO AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE AS HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS LOTS 17 AND 18, BLOCK 18, RAILROAD ADDITION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF lWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, A Specific Use Permit for an Auction House has been requested by Doyle Spurgin for the property described as Lots 17 and 18, Block 18, Railroad Addition; and WHEREAS, the Planning and Zoning Commission of the City of Wylie and the governing body of the City of Wylie, in compliance with the laws of the State of Texas and the ordinances of the City of Wylie, have given the requisite notices by publication and otherwise, and have held public hearings and afforded a full and fair hearing to all property owners generally, and to all persons interested in and situated in the affected area and in the vicinity thereof, the governing body in the exercise of its legislative discretion has concluded that the Comprehensive Zoning Ordinance of the City of Wylie should be amended as follows: 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, as heretofore amended, be and the same is hereby amended so as to grant a Specific Use Permit for an Auction House as provided herein on the following described property: Lots 17 and 18, Block 18, Railroad Addition and further described on the approved site plan attached hereto as Exhibit "A". Section 2. That the Specific Use Permit shall be subject to the following special conditions: 1. The approved uses shall be limited to retail uses including the sale and/or auction of antiques and collectibles and the sale of estates 2. A parking agreement with the First Baptist Church providing the deficient number of minimum parking spaces required shall be executed to the satisfaction of the City of Wylie prior to issuance of a Certificate of Occupancy 3. The occupancy load of the building shall be limited to 100 persons 4. That a scaled site plan shall be submitted to and approved by the Building Official prior to issuance of a Certificate of Occupancy and attached hereto as Exhibit "A" and made a part of this ordinance. 5. That a minimum of 50 parking spaces shall be provided either on- site or by way of official agreement with the First Baptist Church 6. No industrial products or equipment are authorized for sale or auction under the terms of this SUP 7. That all non-residential auctions shall not take place in or on the property described herein but must take place off-site 8. That auctions are limited to two (2) nights per week between the hours of 6:00 p.m. and 10:30 p.m. as proposed by the applicant no more than (5) Sundays per year between the hours of 1 :00 p.m. and 6:00 p.m. 9. That this Specific Use Permit is limited to a period of eighteen (18) months from the date of approval Section 3. That the above described tract of land shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City of Wylie as heretofore amended, as amended herein by granting of this Specific Use Permit and as may be amended in the future. Section 4. That all ordinances of the City of Wylie in conflict with the provisions of this ordinance be, and the same are hereby repealed to the extent of that conflict. Section 5. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a penalty of fine not to exceed the sum of lWO THOUSAND DOLLARS ($2,000.00) for each offence and each and every day such offense shall continue shall be deemed to constitute a separate offense. Section 6. If any section paragraph, or prOVISion of this ordinance or the application of that section, paragraph, or provision to any person, firm, corporation or situation is for any reason judged invalid, the adjudication shall not affect any other section, paragraph, or provision of this ordinance or the application of any other section, paragraph or provision to any other person, firm, corporation or situation, nor shall adjudication affect any other section, paragraph, or provision of the Comprehensive Zoning Ordinance No. 85-23A of the City of Wylie, Texas, and the City Council declares that it would have adopted the valid portions and applications of the ordinance without the invalid parts and to this end the provisions for this ordinance are declared to be severable. Section 7. That this ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such cases provides. DULY PASSED AND APPROVED this 14th day of December, 1993. ~~ ATTES - .H~ra :0 =; . ~, to. -. . CD c,t ... . . 3J1 , 70 -' 0 ." , c,t c... ... .,. N ~ N ",. . .. f'T1 (j. ~ " . ~9.~ .. 5 ~. .::::.. 110' IZO' "TI c.o:.. 14)~' ,. .. 60' ~ . .,; TI rtUE , -,::. ..... :-.... Q Q "' ...... 60 .. 6 :u ....J ~? .'" III III IV N (I) :. N' N W .. Gl 0 ...... . N (..... z Y,J - ---+ c. . c. ". .... ICI ." 0 - ;u ~ .. .. .. .. ..:J) --~;.&.~. - \.It era . ... .. .., ..... \~ '" "JB 3 70 58:!' .. ............. ...., r.l . . .,.$ T R E E T . , 130 ~- 60 60 I.. 350.21 ~"~' ;; p~ N Ul o. 102.31' ~ "xl~ - 0 ~.731 'r_~ ~ CD CJI. STREET CD Cc c1l PI' D(I) c- . .. !l a \" i- I II II II II 130' I , I II " II , I " I ~ , I~ \. ' IJ ~ ,1\ ~'^ ~. -CD ....~ l!' ~. . ... ~rEQ <<II N -- 1~-i7' 67 6~' -~ , ~ 0- ... . 109~' <<II ""." 1: ~ vr-nQ - . w 7a 65' :' 70 57'g ID _' :u =t o ~ "J Z ~ ... . . I~O~,":"; ",r) ';'- ..... ~'" .. L --, ~. =L . . 51' 'I' .. . ($' CD 08 ,,~ .... Q) . ::0 0 f\) rrI . .~-< )>3: Orrl . '" ~ 1 .... q ElI1E GI )..' NUl . III ~ Ul ' ,.r......\ "'....... o:!- ': ..... CD CD en 60' ., 6C' (I) It' .... .... Ut41 2J .. :"I . .. () 2J '"" o. f"1 P1 ~f91 1'1 .... - .;:) , .... ~'~ . . N t:Ul y en .... ~_Ul . '" ti!" CD CD .... ! m r r ~" )>::0 orrl .-< 3: rrI ::0 , N ~()J .00 ~ 0)> eft. 0 , ... c II ..