Ordinance 1995-20
ORDINANCE NO. 95-,2,D
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE AS
HERETOFORE AMENDED AND AMENDING ORDINANCE 93-57 SO AS
TO GRANT A SPECIFIC USE PERMIT FOR AN AUCTION HOUSE AS
HEREIN DEFINED ON A TRACT OF LAND DESCRIBED AS LOT 18,
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
Doyle Spurgin for the property described as Lot 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:
Lot 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 200 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 67 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 and
no more than one (1) Sunday per month between the hours of 1 :00
p.m. and 6:00 p.m.
9. That this Specific Use Permit shall by reviewed after a period of
fifteen (15) 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 quilty of a misdemeanor and upon conviction shall be punished
by a penalty of fine not to exceed the sim 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 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 12th day of September, 1995.
By:
dffJd ~
James D. Swartz, Mayo
ATTEST
City Attorney
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THE WYLI l, �i�S P.O. Box 369 Wylie, Texas 75098
�; _ ��--�, _ �S� ' �
�
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 G1yLIF - �ncLi.nance Na. 95-25; Otcdi.nance Na. 95-22; Ondi.n.ance Na. 95-23;
Ondi rtce_N.� 95- Ondi,nance N�. 95-12; Ond.i.nance Na. 95-1G; �nd,i. Na. 95-13;
�ncLi,nance Na. 95-
Uc,tabetc. 4 , 1995 and ,1995.
/�
Chad ngbrock
Subscribed an�d sworn to before me this the day of _ _ ,1995
to certify whicri 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
O INANCE NO. 95-20
AN ORDINANCE OF THE CITY OF
WYLIE, TEXAS, AMEIVDING THE
COMPREHENSIVE �ONING ORDI-
NANCE OF THE CITY"OF WYLIE AS
HERETOFORE AMENDED AND
AMENDING ORDTNANCE 93-57 SO
AS TO GRANT A SPECIFIC USE
PERMTT FOR AN AUCI'ION HOUSE
AS HEREIN DEFINED 6N A`TRACT
OF LAND DESCRIBED AS LOT 18,
BLOCK 18, RAILROAD ADDITTON;
PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM
OF TWO THOUSAND DOLLARS
($2,000.60) FOR EACH OFFENSE;
PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A
REPEALER CLAUSE; PROVIDING
FOR AN EFFECI'IVE DATE.
18-1t-339