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Publish one time in The Ellis County Press on Thursday, March 20, 2025.

 

CITY OF WILMER

 

ORDINANCE NO. 2025-0220 B

AN ORDINANCE OF THE CITY OF WILMER, TEXAS, AMENDING ORDINANCE NO. 12.6.88, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WILMER, AS HERETOFORE AMENDED, BY GRANTING AN AMENDED CONDITIONAL USE PERMIT (CUP) FOR A CONVENIENCE STORE AND TRUCK PLAZA (CIRCLE K) LOCATED AT 4700 N. INTERSTATE 45, WITHIN THE HIGHWAY CORRIDOR DISTRICT OF THE CITY OF WILMER, DALLAS COUNTY, TEXAS; AND BEING FULLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO, CITY OF WILMER, DALLAS COUNTY, TEXAS; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) FOR EACH AND EVERY OFFENSE; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Planning and Zoning Commission of the City of Wilmer, Texas, held a public hearing on February 13, 2025, on a request for an amended Conditional Use Permit (CUP). The subject property being described as Parcel ID No. 540000500A0020000, DCAD; and being situated in the 16D45, Block A, Lot 2 of the Deed Records of Dallas County, City of Wilmer, Dallas County, Texas; and

WHEREAS, the Planning and Zoning Commission of the City of Wilmer, Texas, held a public hearing on February 13, 2025, and has determined that it would be in the best interest of the citizens of Wilmer to approve the amended CUP of Commercial Highway (C1) District in accordance with the Future Land Use Map, City of Wilmer, Dallas County, Texas; and

WHEREAS, the City Council has determined that all notice requirements have been given in compliance with the laws and ordinances of the City of Wilmer and State Law.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WILMER, TEXAS:

SECTION 1. The Comprehensive Zoning Map (Ord. 12.6.88) zoning classification be and is hereby granted a request for a Conditional Use Permit (CUP). The subject property being described as Parcel ID No. 540000500A0020000, DCAD; and being situated in the 16D45, Block A, Lot 2 of the Deed Records of Dallas County, City of Wilmer, Dallas County, Texas; and (As fully described herein as Exhibit “A” – Legal Description and Exhibit “B” – Location Map).

SECTION 2. All ordinances or part of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed. In addition to the regulations described herein, the subject property shall be subject to all other applicable codes and ordinances of federal, state, county and other entities having jurisdiction.

SECTION 3. The subject property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance (Ord. No.12.6.88) as adopted or amended.

SECTION 4. Any person, entity or corporation violating any provisions of this ordinance shall be considered in violation of the adopted Comprehensive Zoning Ordinance of the City of Wilmer and be subject, upon conviction, to the penalties and remedies therein.

SECTION 5.  The recitals are true and correct and are incorporated herein by this reference.

SECTION 6.  It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section.

SECTION 7.  An offense committed before the effective date of this ordinance is governed by the prior law and by then-applicable City ordinances that were in effect when such offense was committed and the former law is continued in effect for this purpose.

SECTION 8.  Any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided by the Comprehensive Zoning Ordinance of the City of Wilmer, as heretofore amended, and upon conviction shall be subject to a fine not to exceed the sum of two thousand dollars ($2,000.00) for each offense; and each and every day such violation shall continue shall be deemed to constitute a separate offense.

SECTION 9. This Ordinance will take effect immediately from and after its passage and the publication of the caption, as the law in such case provides.

DULY PASSED and approved by the City Council of the City of Wilmer, Texas, on this the 20th day of February, 2025.

 

APPROVED:

Sheila Petta, Mayor

 

ATTEST:

Susie Quinn, Interim City Secretary

 

APPROVED AS TO FORM:

Michael B. Halla, City Attorney

 

EXHIBIT “A” – Legal Description