Ordinance 1995-12
ORDINANCE NO.
ti~;/~
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
ZONING CLASSIFICATION OF LOT 13 OF RAILROAD INDUSTRIAL PARK, AND
ACREAGE IN ABSTRACT 820, TRACT 32, IN THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS, GENERALLY LOCATED AT 120 SOUTH BIRMINGHAM, FROM
"I" INDUSTRIAL TO "R" RETAIL; 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 herinafter described is presently zoned as "I"
Industrial; and,
WHEREAS, the owners of the property have properly filed a request with the City to
change the zoning classification from "I" Industrial to "R" Retail; 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 change 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 of 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 120 South Birmingham, to wit:
Lot 13 of Railroad Industrial Park and acreage in Abstract 820, Tract 32 of Wylie,
Collin County, Texas
from "I" Industrial to "R" Retail.
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 3 7 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, 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
~d day of ,1995.
d
ATTEST 1?7~7)IU
Mary Nichols
City Secretary
Approved
City Attorney
PROPERTY DESCRIPTION
Being a tract of land situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas,
and being all of the same tract of land conveyed to Raymond B. Cooper by deed recorded in Volume 1739, Page
223, Deed Records, Collin County, Texas, and being all of the same tract of land conveyed to Raymond B. Cooper
by deed recorded in Volume 1901, Page 540, Deed Records, Collin County, Texas, and being a portion of a 1.483
acre tract of land conveyed to Raymond B. Cooper by deed recorded in Volume 918, Page 519, Deed Records,
Collin County, Texas, and being a portion of a tract of land conveyed to Raymond B. Cooper by deed recorded
in Volume 868, Page 626, Deed Records, Collin County, Texas, and being all of Lot 13 in Railroad Industrial
Park, an Addition to the City of Wylie, Texas, according to the Map thereof recorded in Volume C, Page 748,
Map Records, Collin County, Texas, and being more particularly described as follows:
Beginning at an 112 inch iron rod set for the intersection of the north right-of-way line of Industrial Court (50'
R.O.W.) and the west right-of-way line of Birmingham Street (40' R.O.W.);
Thence S 79049'55" Jf, a distance of 147.69 feet to a 1/2 inch iron rod found for the beginning of a curve to
the left from which the radius point bears S 10010'05" E, a distance of 158.35 feet;
Thence, along said curve to the left, through a central angle of 23021'22", an arc length of 64.55 feet to a 1/2
inch iron rod set for the most easterly corner of Lot 12 in Railroad Industrial Park, an Addition to the City of
Wylie, Texas, according to the Map thereof recorded in Volume C, Page 748, Map Records, Collin County, Texas;
Thence, N 33031 '38" Jf, along the northeast line of said Lot 12, a distance of 129.55 feet to a 1/2 inch iron rod
found for the most northerly corner of said Lot 12 in the easterly right-of-way line of the St. Louis Southwestern
Railroad (100' R.O.W.) and in a curve to the leftfrom which the radius point bears N 68021'11" Jf, a distance
of 1488.68 feet;
Thmce, along said curve to the left and said railrotlrd right-of-way line, through a central angle of 13013'12",
an arc length of 343.48 feet to a 1/2 inch iron rod set for the northwest corner of aforementioned 1.483 acre
tract;
Thence, N 86031'25" E, along the north line of said 1.483 acre tract, a distance of 22.19 feet to a 1/2 inch iron
rod set for the northeast corner of said 1.483 acre tract and the northwest corner of the St. Louis Railroad;
Thence, S 03032'20" E, along the west line of said Railroad Tract, the west line of a tract of land conveyed to
Jesse James by deed recorded in Volume 2557, Page 997, Collin County, Texas, the west line of a tract of land
conveyed to Richard Parker by deed recorded in Volume 3743, Page 169, Deed Records, Collin County, Texas,
and the west line of a tract of land conveyed to Jose Barbosa by deed recorded in Volume 1501, Page 80, Deed
Records, Collin County, Texas, to a 1/2 inch iron rod set for the southwest corner of said Barbosa Tract;
Thence, N 86012'22" E, along the south line of said Barbosa Tract to a 1/2 inch iron rod set for the southeast
corner of said Barbosa Tract in the west right-of-way line of said Birmingham Street;
Thence, S 11017'10" E, along said west right-of-way line, a distance of 139.90feet to the Point of Beginning and
containing 52,271 square feet or 1.200 acres of land.
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THE WYLIE NEWS P.O. Box 369 Wylie, Texas 75098
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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
CITY UF G/yLI� - Ondi.nance Na. 95-25; Otcdi.nance Na. 95-22; Ond,i.nan.ce Na. 95-23;
Oncli.nance Na. 45-1&;�cL�.nan Na. 9 Undi.nance Na. 95-ib; Onc�i.nance Na. 95-13;
Undi.nance Na . 9 5- 2 0 - �'
Oc.tobetc 4 , 1995 and ,1995.
��
Chad ngbrock
Subscribed and sworn to before me this the day of _ ,1995
to certify whic� witness my hand and seal of office.
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Margaret Cook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
Serving Wideawake Wylie Since 1947
Wednesday, October 4, 1995- T'F�? WYLIE 1`1EWS - S��on B- Page 9
INANCE NO. 95-12
AN ORDINANCE OF THE CI1'y OF
a'Y1=IE, 7'�XAS, AMENDING THE
�MNG. GT OF LOT
13 OF RAILROAD INDUSTRIAL
PARK, AND ACREAGE IN
ABSTRACT g2p� 7'RA�. 32, IN THE
CIT�' OF WYLIE, COLLIN COUNTy,
'1EXAS, GENERAI,I,y LpCATED AT
120 SOUTH BIRMINGHAM, FROM
"I" INDUSTI�IAL TO "R" RETAIL;
AN1EAiDING � COMPR�HENSIVE
ZONING OI2DINANCE (ORDI-
NANCE NO. SS-23A); AMENDING
THE ZONING DISTRICT MAP
(ORDINANCE 91-12, ORDINANCE
91-13); AND RBpEqLING ALL COIN-
FLICTING ORDINANCES; CON-
TAINING A SEVERABILITY
CLAUS�; AND pROVIDING FOR AN
EFFECITVB D�4TE,
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