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Ordinance 2006-23 ORDINANCE NO. 2006-23 AN ORDINANCE OF THE CITY OF WYLIE, EXAS, AMENDING THE COMPREHENSIVE ZONING ORDI D ~ OF THE CITY OF WYLIE, AS HERETOFORE AMEN 0 CHANGE THE ZONING ON THE HEREI SCRIBED PROPERTY, ZONING CASE NUMB 0 ~ Cl COMMUN~TAIL (CR) DISTRICT WITH USE PERtlI ( '0 LLOWING FOR A HO DING FO E FOR THE VIOL \J IS ORDIN~ DING FOR THE REPE L ORDINA FLICT; OVIDING A SEVERA LITY CLAU~ VIDING Ffo'f~~FFECTIVE DATE. \J~~@J0'0 \J ~ 073 WHEREAS.~~ing and zoni~~J~'t01- and the governing body of the City of Wylie, Texas, i~ \'~liance ~i ~"tO~~ate of Texas with reference to the amendment of the comprehe~' e> rdinance, have given the requisite notices by publication and otherwise, and mg due hearings and affording a full and fair hearing to all property owners generally an 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 Community Retail (CR) District with a Specific Use Permit (SUP) allowing for hotel uses, said property being described in Exhibit "A", attached hereto and made a part hereof for all purposes. SECTION 2: That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 3: 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 4: 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 5: 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 Ordinance No. 2006-23 Zoning Case 2006-25 Comprehensive Zoning Ordinance as a whole. SECTION 6: 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 7: 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 11th day of April, 2006. John Mondy, Mayor ATTEST: Carole Ehrlich, City Secretary Date of publication in The Wvlie News - April 19. 2006 Ordinance No. 2006-23 Zoning Case 2006-25 Exhibit" A" Legal Description Zone Case #2006-05 BEING a tract of land located at the southeast comer of State Highway No. 78 and West Kirby Street, City of Wylie, Collin County, Texas and being all of Lot 4, Block A in the Martinez Phase 3 Addition. Ordinance No. 2006-23 Zoning Case 2006-25