Ordinance 2025-12 ORDINANCE NO.2025-12
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS
HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE
HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2025-02,
FROM DOWNTOWN HISTORIC DISTRICT (DTH) TO DOWNTOWN
HISTORIC DISTRICT-SPECIAL USE PERMIT(DTH-SUP)ON 0.23 ACRES TO
ALLOW FOR A SMOKING ESTABLISHMENT(ZC 2025-02);PROVIDING FOR
A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Planning and Zoning Commission and the governing body of the City of Wylie,
Texas, in compliance with the laws of the State of Texas with reference to the amendment of the
Comprehensive Zoning Ordinance,have given the requisite notices by publication and otherwise,and after
holding due hearings and affording a full and fair hearing to all property owners generally and to owners
of the affected property,the governing body of the City is of the opinion and finds that the Comprehensive
Zoning Ordinance and Map should be amended;
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,Texas,be, and the
same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter
described property a new zoning classification of Downtown Historic District-Special Use Permit(DTH-
SUP),said property being described in Exhibit A(Legal Description),hereto and made a part hereof for all
purposes.
SECTION 2: That a Zoning Exhibit and Special Use Permit Conditions are an integral
component of the development of the property and are attached as Exhibit B and Exhibit C.
SECTION 3: That all ordinances of the City in conflict with the provisions of this ordinance be,
and the same are hereby,repealed and all other ordinances of the City not in conflict with the provisions of
this ordinance shall remain in full force and effect.
SECTION 4: That the above described property shall be used only in the manner and for the
purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the
granting of this zoning classification.
SECTION 5: Any person, firm or corporation violating any of the provisions of this ordinance or
the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject
to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is
hereafter amended.
SECTION 6: Should any paragraph, sentence, subdivision, 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 so declared to be invalid,
illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a
whole.
Ordinance No.2025-12 Faustinos(ZC 2025-02) Page 1 of 2
SECTION 7: 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 8: 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 25'
day of March,2025.
Matthew Porter,Mayov'
ATTEST:
QLW6AU�
Steplianie Storm, City Secretary -
t .
i'•Yi1 F-�df1V,�
DATE OF PU$ 5 } e Wylie News
JAL d S
Ordinance No.2025-12 Faustinos(ZC 2025-02) Page 2 of 2
Exhibit "A"
Legal Description
308 North Ballard, Wylie, Texas, being all of Lot 30, Block 3 of the Brown and Burns Addition to
the City of Wylie, Texas.
Office -
j 71
L 1 ___- -,
{ -- - - -• - - III___ ___ ______ i i I '
Humidors;
Kitchen
Reception
Smoking Lc:: -
Lounge
�.-.� i -mot„-, •- �{
Porch
T—
305 N Ballard 5t
EXHIBIT "C"
Faustino's Cigars and Lounge
Conditions For Special Use Permit
I. PURPOSE:
1. The purpose of this Special Use Permit is to allow for a cigar lounge use
within the Downtown Historic District.
II. GENERAL CONDITIONS-
1. This Special Use Permit shall not affect any regulations of the Downtown
Historic District (DTH) set forth in Article 6, Section 6.3 of the
Comprehensive Zoning Ordinance (adopted as of June 2023), except as
specifically provided herein.
2. The design and development of the Faustino's Cigars and Lounge
development shall be in accordance with Section III below and the Zoning
Exhibit (Exhibit B).
III. SPECIAL CONDITIONS:
1. This Special Use Permit shall allow for a Smoking Establishment use
within the Downtown Historic zoning district.
2. A minimum of five on-site parking spaces shall be provided.
3. Live music and seating shall be allowed outside.
1. Live music shall only be allowed until 9pm daily and not exceed
80db measured at the property line.
2. Outdoor seating can be provided with any structural additions
required to be reviewed and approved per Section 6.3 of the City of
Wylie Zoning Ordinance.
4. The Smoking Establishment use is further limited to the manufacture,
selling, and smoking of cigar products only, as generally defined.
5. The Special Use Permit is intended for a Smoking Establishment owned
and operated by Faustino Cigars, LLC. Under any other use or ownership,
the SUP shall expire and zoning reverted to the base DTH district.
C&S, 21Jr tfailnrrst�i(h un=s i:'j;lly h�caniii�r 'ChcPnncCton'R,_rald %a �'I,_h� �, T1iFVVVIIFNF.WS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, and being
in compliance with Section 2051.044, Texas Government Code (a); (1), (2), (3) and (4),
who being by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Legal Notice—Ordinances Nos. 2025-12 and 2025-13
was published in said newspaper on the following date(s), to-wit:
April 3, 2025
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the 3rd day of April, 2025, to certify which
witness my hand and seal of office.
4pfY p4� SOMA A DUGGAN
Notary ID#126646343
My Commission Expires /1
Notary Publi d or
August tz,zoze 1
The State of Texas
My commission expires 08/12/2028.
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Thursday,April 3,2025
CITY Old'WYLIE
Ordinance Ordinance
No.2025-12 No,202541,
An Ordinance of An Ordinance of
the City of Wylie; the City of Wylie,
Texas, amending Texas, amending
the Comprehensive Wylie's I Code of
Zoning Ordinance Ordinances, Ordi-
of the City of Wy- nance No. 2021-17,
lie, as heretofore as amended; Chap-
amended, so as to ter,74(offenses and
change the zoning miscellaneous pro-
on the hereinafter visions) by adding
described property, Article III(camping
zoning case num- in public places Writ.
ber 2025-02, from
downtown historic sites) wing
district (DTH) to Chapter 110 (tmf-
downtown historic fic and vehilcles)
district-special use by adding Section
permit (DTH-SUP) 11,0-208 (pedestri-
on"0.23 acres to al- ans on imedians);
low for a smoking providing a penalty
establishment (ZC clause with a maxi-
2025-02); provid- mum fine of $500,;
ing for a penalty for providing . for the
the violation of this repeal of conflicting
ordinance;, ptoovid'. ordinances; provid-
ing for the "peal ing for severability;
of all ordinances in providing for the
conflict;providing a publication of the
severability clause;_ caption hereof; and
and providing for#A providing an effec-
effective date. tive date.
44-1040