Ordinance 1994-18
ORDINANCE NO.
~f-Ig
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING
CLASSIFICATION FOR TRACT 12, ABSTRACT NO. 660, RICHARD D. NEWMAN
SURVEY,IN THE CITY WYLIE, COLLIN COUNTY, TEXAS, GENERALLY
LOCATED AT 2601 S HWY 78, FROM · MF · MULTI-FAMILY TO · I ·
INDUSTRIAL; AMENDING ORDINANCE NO. 86-51; 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
86-51, established as MF Multi-family; 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 MF Multi-family 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 MF Multi-family to I Industrial; 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:
1
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, to wit:
Common Location: 2601 S. Hwy 78, Wylie, Texas;
Abstract and Tract Description: Lot 12 of the Richard D. Newman Survey, Abstract No.
660, City of Wylie, Collin County, Texas;
Legal Description: See Exhibit A which is fully incorporated herein by reference
from B-2 Business to I Industrial.
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 il1valid, illegal, or unconstitutional.
SECTION V
This ordinance shall be in full force and effect from a1td after its adoption by the City
Cout1til and publication of its caption 2:fS the law and the City thMter provide in such cases.
1
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.
DUL Y PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
12th day of July, 1994.
/~Jf p
(James D. Swartz
LMayor
tw~
fl
ATTEST: 't!1~ Y(r~
Mary Nichols
City Secretary
Approved:
Steven P. Deiter
City Attorney
3
'--u~L_
I~X /JJiJ/f If
II
Situated in Collin County, T~xaB, and BEING a trftct out of tho
lUCHARD O. NEWMAN E:URVEY, ABStRACT NO. 660 ftnd being part of a
9.70 acre tract at described 1n a Deed Crum J. R. heck et U~
~ to k. S. Wl111am9, dA ted 10-20-1910, recorded tn Volume 165, Page
430 of th4 Collin C~unty De~d Records, and bejng part of a 17.062
acre t~oct. of land and being more particularly described as follows:
BEGINNING ot the SouthweRt curner or ~ald 19.70 acre tract. ~a1d
~orntr being th@ Southwest corner of ssJd ]7.061 acre tract&
lH~NC~ North 20 deg. 28 min. West witti fence line and with the
Southwest'line of said 19.10 acre trllct nnd saId 17.062 "cre tract.
562.60 feet to n .take (or corner set in the Snutheut ROW line
or Stete Highway No. 78;
THENCE North 52 deg. 16 min. l::nst with the Suulheast ROW Hne
of State Highway No. 78, and the Northwest line of said.17.062
Acre tract, 463.80 feet to a stake for corner;
THENCE Sout"."18.deg. 29 nt:fn. F.nst nero::!; said 19.70 aCL'e tract and
across said 17.062 acre tract, 874.80 !~et to srake for co.ncr;
THENCE North 87 deg. 36 min. West with Cence line and with tbe South
I1nes of said 19.70 acre tract and. said 17.062 acre tract. 447.90
feet to the Place or BeAinn1ng and contnining 7.062 acres of land,
lIlore or lessl
-----.----------------------.
"" .'.~ .