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Ordinance 1996-29 ORDINANCE NO. 9� ' �7 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE ZONING CLASSIFICATION OF PROPERTY DESCRIBED AS BLOCK 33, LOTS 2B, 3B, 4B, 4C, 5A, 5B, 6A AND 6B IN THE RAILROAD ADDITION, IN THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, LOCATED AT 202 SOUTH BALLARD AVENUE, FROM "R" RETAIL TO "B-1" BUSINESS DISTRICT; 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 owner of the property has properly filed a request with the City of Wylie to change the classification from "R" Retail to "B-1 n Business District; and WHEREAS, the Planning and �oning 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; 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 technotogy, 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 33, Lots 2B, 3B, 46, 4C, 5A, 56, 6A and 6B in the Railroad Addition, located at 202 South Ballard Avenue, Wylie, Texas, 75098, from "R" Retail to "6-1" Business District. SECTION 11 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 III 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 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 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 repeaf of any ordinance, or parts thereof, by the enactment of this c�rdinance, shall not be cons#rued as abandoning any action now pending under c3r by virtue of such ordinance; nor shall it have the effect of discontinuing, �bating, 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. IDULY PASSED AND APPROVED by the City Council of the City of Wylie, "Texas, this /O �.. day of �-..� , 1996. � ��� By ;��r� ,� , � G�' -_ j/ James D. Swartz, or ( ,Attest ��s" 'I�kt��� City Secretary �����`° ��%s''�; � �y ;� � � � Y.. � t � `� w ...._.. � `�i��r,d,�� �`� < ! ��a>\\�� ;: fl.y f� i�� � �\�,� r `1 s., � G ;� f �'�tBPfEs'ilf's3iitlrt��'ti���