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HomeMy WebLinkAboutOrd 1151-2025-06 Rezoning Property at 703 E. White StreetCITY OF ANNA, TEXAS (Property rezoned under this ordinance is located on the north side of E. White Street, 500± feet east of Smith Street) ORDINANCE NO. It51 - 0 � AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING OF CERTAIN PROPERTY AS DESCRIBED HEREIN; PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR A PENALTY CLAUSE NOT TO EXCEED $2,000 OR THE HIGHEST PENALTY AMOUNT ALLOWED BY LAW, WHICHEVER IS LESS; AND, PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("City") has previously adopted ordinances, rules and regulations governing the zoning in the City; and WHEREAS, the City has received a requested zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property located on the north side of E. White Street, 500± feet east of Smith Street being rezoned from SF-E Single -Family Residential - Large Lot (SF-E) to Regional Commercial (C-2); and WHEREAS, the Planning and Zoning Commission of the City and the City Council of the City of Anna ("City Council") have given the requisite notices by publication and otherwise and have held the public hearings as required by law and afforded a full and fair hearing to all property owners and generally to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council has concluded that the Zoning Ordinance of the City should be amended as set forth below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: Section 1. Recitals Incorporated The above recitals are incorporated herein by reference for all purposes. Section 2. Zoning Change The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property from SF-E Single -Family Residential - Large Lot (SF-E) to Regional Commercial (C-2) District zoning, as described in the Legal Description on the attached as Exhibit 1. Page 1 of 2 Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning described herein. Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Penalty Any violation of any of the terms of this ordinance, whether denominated in this ordinance as unlawful or not, shall be deemed a misdemeanor. Any person convicted of any such violation shall be fined in an amount not to exceed $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 24th day of June, 2025. ATTESTED: APPROVED: Page 2 of2 A a:Rffr_� SITUATED In Collin County, Texas, being part of the Gwynn Morrison Survey, Abstract No. 559, being all of TRACT ONE and TRACT TWO as described in a deed to Harlow Land Co., LTD, recorded in volume 6021, page 3459, Deed Records of said county, being more particularly described by metes and bounds as follows: BEGINNING at a%2' iron rod found with a green cap stomped OWENS 5560 SURVEYING for the northeast corner of sold TRACT TWO and being a inner corner of LOT IR, Block One, Re -Plat of Wiese Addition, an addition to the City of Anna, Texas, recorded in Plat Book 2022, pages 879-880, Plat Records of said county; THENCE South 0 degrees 04 minutes 32 seconds West, at 221.16 feet passing 01/2' iron rod found for a southwest corner of said LOT IR, at 606.30 feet passing a%2' Iron rod found for the southwest corner of a called 0.7852 acre tract of land conveyed to Victor Rafael Gonzalez-Rosas and Catalina Torres Villanueva, recorded In document number 20190301000213820, Official Public Records of sold county, In all a total distance of 619.86 feet to a point for the southeast corner of sold TRACT TWO; THENCE North 89 degrees 50 minutes 41 seconds West, at 206.52 feet passing a%' iron rod found with a pink TxOOT cap for a northeast corner of E. WHITE STREET/LEONARD TRAILS COMMERCIAL, an addition to the City of Anna, Texas, recorded in Plat Book 2023, pages 335-336, Plat Records of sold county, In all a total distance of 294.22 feet to a point for the southwest corner of sold TRACT TWO, whence of/2' iron rod found with a yellow cap stamped RPLS 4613 bears south 0 deg. 24 min. 37 sec, west at 1.74 feet; THENCE North 0 degrees 24 minutes 37 seconds East, with the west line of said TRACT TWO a distance of 620.07 feet to a 3' steel post for the northwest corner of sold TRACT TWO and being in the south line of sold LOT IR; THENCE South B9 degrees 48 minutes 15 seconds East, with the north line of sold TRACT TWO and south line of said LOT IR, a distance of 290.60 feet to the PLACE OF BEGINNING and containing 4.1617 acres of land. ' `q ,l s 703 E. White Street Zoning E 't,K `� �,. •�. 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