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Ordinance 1995-10 ORDINANCE NO. 95-10 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 LOT 14, BLOCK 18, RAILROAD ADDITION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO 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 Earl Wilson for the property described as Lot 14, 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 Lot 14, Block 18, Railroad Addition. 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. The occupancy load of the building shall be limited to 80 persons including employees 3. 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. 4. That a minimum of 18 parking spaces shall be provided on-site in the rear of the property and access to a minimum of 27 total spaces 5. No industrial products or equipment are authorized for sale or auction under the terms of this SUP 6. That all non-residential auctions shall not take place in or on the property described herein but must take place off-site 7. That auctions are limited to one Sunday per month as requested by the applicant between the hours of 1 :00 p.m. and 9:30 p.m. Additional days per month shall not be granted without City Council approval and an amendment to this ordinance. 8. That this Specific Use Permit is limited to a period of twenty (20) months from the date of approval by the City Council. 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 TWO THOUSAND DOLLARS ($2,000.00) for each offense 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 of the City of Wylie, Texas, as heretofore amended, 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 \~ day of AP7' 1995. I' '/ /" il ) ).. )// / tV' ApPROVED~ ATTE~~{~ v Wilson SUP Ordinance 2 AUCTION HOUSE The proposed Auction House at 114 N. Ballard will be an assembly use. The tenant and owner have stated that the maximum occupancy load will be 80 people. Therefore, the Building Inspection Department has based the following on that number: Minimum Plumbing Facilities Toilets Urinals Lavatories - One (1) Male One (1) Male One (1) male Three (3) Female One (1) Female Drinking Fountain One (1) Since there are no specific parking requirements for an Auction House, we must use Similar Use Classifications. Restaurants Auditoriums One parking space per three people One parking space per three people The required parking spaces for an Auction House with 80 people would therefore be 27 parking spaces. SUBJECT BY ~.C, P LAN N I N G & E N GIN E E R I N G 0 E' PAR T MEN T ~iZ.\(.i~~ \\4~. OI),\\~il.J. \;AiU W~\~~ ~",c.'i"I.~ ~'-tt."'iC€.. 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Box 369 Wylie, Texas 75098 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, 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 forgoing attached r�7TV U� LUyLI� - Utcd�nav�ce N� 8�Gvwugh 10 May 10 , 1995 and ,1995. _ ,, � � �� r � Cha . gbrock Subscribed and sworn to before me this the _��� day of (.C- , 1995 to certify which wifiess my hand and seal of office. ;�; �,�,�,,,�.,,,:,_�, C Ef � � ` .M1PP Y �„�e�, M Not�►tY P� blio ��.. s /� r o ���p p �Dx ; , a ; _ � , � (. F• � � ��m�r.6xP• " ` rGZ/i � - l��" �''� Margaret Cook t Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since I947 ORDINANCE N0. 95-lil AN ORDINANCE OF THE C1TY OF WYLIE, TEXAS, AIv~ENDING THE CQMPREHENSIYE ZON- ING ORDINANCE OF THE C1TY OF WYLIE AS HERETOFORE AMENDED SQ AS TO GRANT A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE AS HEREIN DEFINED ON A TRACT O~ LAND DESCRIBED AS LOT 14, BLOCK 18, RAILROAD ADDI- TION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO T~OUSAN~ I)Q~.LARS ($2,000.40) FQR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CI-AUSE; PRO- VIDING FOR A REPEALER CLAUSE; PROVIDING FOR AN EF'FECTIVE DATE. CITY OF WYLIE Mary Nichols, City Secretary 49-1t-c.