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HomeMy WebLinkAboutOrd 901-2021 Rezoning Property at Medina's Addition, Blk A, Lots 1 & 2CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of Elm Grove, 160± feet east of Rodeo Drive) ORDINANCE NO. nQA - 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 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the north side of Elm Grove, 160± feet east of Rodeo Drive from AG Agricultural and SF-E Single -Family Residential — Large Lot to SF-84 Single -Family Residential District zoning; 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 described in Exhibit 1 from AG Agricultural and SF-E Single -Family Residential —Large Lotto SF- 84 Single -Family Residential District. 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 Severaty 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 13th day of April 2021. ATTESTED: \,,\MIIIAyPPROVED: ev Carrie L. Land, City Secretary Nate Pike, Mayor TEX 2 Exhibit 1 Legal Description Situated in the County of Collin, State of Texas being a part of the J.C. Brantley Survey, Abstract No. 114, and being a part of 3.00 acre tract of land conveyed to Julio Medina and wife Audelia Medina by deed record in Volume 3394, Page 823, Official Public Records, Collin County, Texas and being more particularly described by metes and bounds as follows: Beginning at a chain link fence corner in the north line of a Elm Grove maintaining the southwest corner of said 3.00 acre tract and the southeast corner of a Lot 1, Block B, Sweetwater Crossing an addition to Collin County Texas by plat of record in Slide No. 8931, Plat Records, Collin County, Texas; Thence North 02°31'16" East, along the west line of said 3.00 acre tract and the east line of Lots 1, 2 & 3 of said Sweetwater Crossing, a distance of 213.30 feet to a 1/2" steel rod set with an aluminum cap marked COPLEY RPLS 6720 for the northwest corner of said 3.00 acre tract and the southwest corner of a 8.00 acre tract of land conveyed to Sale Heath and Marie J. Heath by deed of record in Volume 1536, Page 118 of said Official Public Records; Thence South 89°24'14" East, along the north line of said 3.00 acre tract and the south line of said 8.00 acre tract passing a 1/2" steel rod set with an aluminum cap marked COPLEY RPLS 6720 at a distance of 124.00 feet and passing the southeast corner of said 8.00 acre tract continuing along the south line of a 1.403 acre tract of land conveyed to Sharon Walters by deed of record in Volume 5065, Page 1002 of said Official Public Records for a total distance of 611.36.00 feet to a 1/2" steel rod set with an aluminum cap marked COPLEY RPLS 6720 in the south line of said 1.403 acre tract for the northeast corner of said 3.00 acre tract and the northwest corner of a 1.00 acre tract of land conveyed to Adolfo Villarreal by deed of record in Volume 4528, Page 1723 of said Official Public Records; Thence South 02008'37" West, along the east line of said 3.00 acre tract and the west line of said 1.00 acre tract, a distance of 213.83 feet to a 11 steel rod found with a cap marked Burns in the north line of Elm Grove for the southeast corner of said 3.00 acre tract and the southwest corner of said 1.00 acre tract; Thence North 89021'0" West, along the north line of said Elm Grove and south line of said 3.00 acre tractI a distance of 612.75 feet to the Point -of -Beginning and containing 2.999 acres (130,655 square feet) of land. --,i ps owl yr; i.94 - — • • —tL ii. n ie Ir = L i. r. 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