Ordinance 1996-27
ORDINANCE NO. q ~ - ,.2 7
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING
CLASSIFICATION OF PROPERTY DESCRIBED AS BLOCK 21, LOTS 13, 14,
15 AND 16 IN THE RAILROAD ADDITION, IN THE CITY OF WYLIE, COLLIN
COUNTY, TEXAS, LOCATED AT 103 SOUTH SECOND STREET, FROM uR"
.
RETAIL TO "B-1" BUSINESS DISTRICT WITH A SPECIFIC USE PERMIT;
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 hereinafter described is presently zoned
as "R" Retail; and
WHEREAS, the owners of the property have properly filed a request with the
City of Wylie to change the classification from "R" Retail to "B-2" Business
District; and
WHEREAS, the Planning and Zoning Commission, after having given all
requisite notices, by publication and otherwise, and conducting all requisite
hearings thereon, recommend to the City Council that the request be amended
to change the classification from "R" Retail to "B-1" Business District with a
Specific Use Permit; and
WHEREAS, the City Council has heretofore conducted a public hearing on the
proposed change and determined that the change should be granted; and
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 hereby is, amended by amending the Zoning
District Map, as the same currently exists, so as to change the zoning
classification on the following property, commonly described as Block 21, lots
13, 14, 15 and 16 in the Railroad Addition, located at 103 South Second Street,
Wylie, Texas, 75098, from "R" Retail to "B-1" Business District with a Specific
Use Permit.
SECTION II
That said property is granted a Specific Use Permit in which special conditions
have been imposed pursuant to the Wylie Comprehensive Zoning Ordinance,
Section 23.2 (2) and are described as follows:
(a) Outside sales of materials directly related to feed store business.
SECTION lit
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 IV
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 V
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 VI
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 VII
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 VIIt
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 / ;;-+1- day of ~ ' 1996.
By
Attest