Ordinance 1994-14
ORDINANCE NO.
C1\L1-\t
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING
CLASSIFICATION LOT 5, BLOCK 9 OF RAILROAD ADDITION, IN THE CITY OF
WYLIE, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 303 E. MARBLE,
FROM -R - RETAIL TO -B-l- BUSINESS; AMENDING THE COMPREHENSIVE
ZONING ORDINANCE (ORDINANCE NO. 85-23A; AMENDING THE ZONING
DISTRICT MAP (ORDINANCE 91-12, ORDINANCE 91-13); AND REPEALING ALL
CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the zoning of the property hereinafter described was, by adoption of Ordinance
85-23A, the comprehensive zoning ordinance, established as lOR" Retail; and,
WHEREAS, the most recent Zoning District Map for the City, adopted on the 9th day of
July, 1991 by virtue of Ordinances 91-12 and 91-13, continued the "R" Retail zoning of the
subject property, which it now enjoys; and,
WHEREAS, the owners of the property have properly filed a request with the City to change
the zoning classification from "R" Retail to "B-1" Business; and,
WHEREAS, the Planning and Zoning Commission, after first having given all requisite
notices, by publication and otherwise, and conducting all requisite hearings thereon, has
recommended to the City Council that the request for change in zoning classification be granted;
and,
WHEREAS, the City Council has heretofore conducted a public hearing on the proposed
change and determined that the changed should be granted;
WHEREAS, the City Council has determined, in its legislative capacity, that the proposed
change is appropriate and in the best interest of the orderly development of the City in that it is
based on recognition of changed or changing conditions or circumstances in the locality and/or
recognizes changes in technology, the style or living, or manner of doing business, as required
by Section 35.1 of the Comprehensive Zoning Ordinance and therefore not in derogation of any
of the purposes therein expressed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That the Comprehensive Zoning Ordinance, as Codified by Section 1, of Chapter 12 of the
Wylie City Code, be, and it hereby is, amended by amending the Zoning District Map, as the
same currently exists, so as to change the zoning classification on the following described
property, commonly described as 303 E. Marble, to wit:
Lot 5, Block 5 of Railroad Addition to the City of Wylie, Collin County, Texas
from "R" Retail to "B-1" Business.
SECTION II
That the property herein described shall be used only in the manner and for the purposes
authorized by the Comprehensive Zoning Ordinance of the City of Wylie, as amended.
SECTION III
Any person violating the provisions of this ordinance, or any part hereof, commits an
unlawful act and shall be subject to the general penalty provisions of Section 37 of the Zoning
Ordinance, as the same now exists or is hereafter amended.
SECTION IV
Should any paragraph, sentence, sub-division, 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 or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION V
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 VI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION VII
The repeal of any ordinance, of 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
24thnd day of May, 1994.
C#~ j),
r1ames D. Swartz
'ifayor
"
ATIEST: . (J(~( '1~
Mary NICho s
City Secretary