Ordinance 1996-23
ORDINANCE NO. q (p - cJ-3
AN ORDINANCE OF THE CllY OF WYLIE, TEXAS, AMENDING THE ZONING
CLASSIFICATION OF LOT 4, BLOCK 2 IN THE OAKS RETAIL ADDITION, IN THE CllY OF
WYLIE, COLLIN COUNlY, TEXAS. GENERALLY LOCATED AT 709 HWY. 78 NORTH, FROM IIRII
RETAIL TO IIB_211 BUSINESS-2; AMENDING THE COMPREHENSM ZONING ORDINANCE
(ORDINANCE NO. 85-23A); AMENDING THE ZONING DISTRICT MAP (ORDINANCE 91-12,
ORDINANCE 91-13); AND REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A
SEVERABllIlY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the zoning of the property hereinafter described is presently zoned as "R"
Retail: and,
.
WHEREAS, the owners of the property have properly filed a request with the City to
change the zoning classification from "R" Retail to "B-2" Business-2: 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 Ctfy 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 approprtate and in the beSt interest of the orderly development of the
Ctfy 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 Ctfy Code, be, and it hereby is, amended by amending the Zoning Distrtct
Map, as the same currently exists, so as to change the zoning classification on the
following described property, commonly described as 709 Hwy. 78 North, to wit:
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Lot 4, Block 2 in the Oaks Retail Addition to the City of Wylie, Collin County, Texas,
from "R" Retail to "B-2" Business-2.
SECTION \I
That the property herein descrtbed 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 \II
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 37 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 validtfy 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 PASS~~VED by the City Council of the City of Wylie. Texas. this
JlJ-L day of ' 1996.
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ATTEST
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