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Home My WebLink AboutOrd 0988-2022 Rezonig Property at 4877 Sam Rayburn HwyCITY OF ANNA, TEXAS (Property rezoned under this ordinance is located on the north side of Sam Rayburn Highway (S.H. 121), 2,070±feet west of E Farm -to -Market Road 455) ORDINANCE NO. 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 Sam Rayburn Highway (S.H. 121), 2,070± feet west of E Farm -to -Market Road 455 from SF-E Single Family Residential -Large Lot zoning to C-2 General Commercial 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 A from Single -Family Estate (SF-E) to General Commercial (C-2) zoning. Section 3. Official Zoning Map 1 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 26th day of July 2022. ATTESTED: Land, City Secretary APPROVED: Pike, Mayor EXHIBIT " At FIELD NOTE DESCRIPTION A 3.021 ACRE TRACT OF LAND THAT IS A PART OF THE DAVID VAN WINKLE SURVEY, ABSTRACT NO.937, COLLIN COUNTY, TEXAS, BEING ALL OF TRACTS ONE (1), TWO (2) AND THREE (3) OF THE TRACT CONVEYED TO ALEX JOHNSON IN DOCUMENT NO. 20111208001327520 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, BEING FURTHER DESCRIBED AS FOLLOWS: BEGINNING AT A FOUND 1/2" IRON ROD WITH CAP AT THE SOUTHEASTERLY CORNER OF THAT TRACT CONVEYED TO RICHARD DZANSKI IN DOCUMENT NO. 20150826001080360 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, BEING ALSO ON THE NORTHWESTERLY RIGHT OF WAY LINE OF SAM RAYBURN HIGHWAY; THENCE NORTH 28029'42" WEST ON THE EASTERLY LINE OF SAID DZANSKI TRACT, A DISTANCE OF 508.53 FEET TO A FOUND 5/8" IRON ROD ON THE SOUTHERLY LINE OF TRACTS OWNED BY WKG ENTERPRISES LTD; THENCE SOUTH 89053'44" EAST ON A SOUTHERLY LINE OF SAID WKG TRACT, PASSING AT 55.57 FEET A FOUND 5/8" IRON ROD, A TOTAL DISTANCE OF 334.59 FEET TO A FOUND 5/8" IRON ROD AT THE NORTHWESTERLY CORNER OF THAT TRACT CONVEYED TO TREY SPYROPOULOS IN DOCUMENT NO.20080606000688540 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; THENCE ON THE WESTERLY LINE OF SAID SPYROPOULOS TRACT THE FOLLOWING TWO COURSES: SOUTH 33002'03" EAST, A DISTANCE OF 121.41 FEET TO A FOUND 5/8" IRON ROD, SOUTH 72046'58" EAST, A DISTANCE OF 199.22 FEET TO A FOUND 3/8" IRON ROD WITH CAP AT THE SOUTHWESTERLY CORNER OF SAID SPYROPOULOS TRACT, BEING ON THE NORTHWESTERLY RIGHT OF WAY LINE OF SAM RAYBURN HIGHWAY; THENCE SOUTH 50039'52" WEST ON SAID RIGHT OF WAY LINE, PASING AT 149.91 FEET A FOUND 1/2" IRON ROD, AT 299.91 FEET A FOUND 5/8" IRON ROD, FOR A TOTAL DISTANCE OF 450.52 FEET TO THE POINT OF BEGINNING. STREET ADDRESS LEGAL DESCRIP77ON 4677 SAY RAYBURN HWY ANNA, TX 75409 SEE AfTACHEO EXH/B/T A" WC ENTERPRISES LTO DOCUMENT NO.. 19990612001010770 ET AL EOUNn 5/6' O RJO E SA- S89'53'44"E JJ4.59' SS3l /tLVA• mRE f£NCE TREY wLos + o DOCUMENT AID. 20080606000688540 S7?46, 0UUM w AL SHED DO YXIT O. NT NO. J9g p, 1112 20I3.021 Oa327520 ' 3.021 ACRES OZ 9�IE N� `Kmw f RIC14ARD OZAN6X/ DOCUMENT Na Z'1• xPgv ROD 2015062600108060 '''1111115�' \.= R5 4 \` ¢ �, "JR POINT OF BEGINNING- �AO I7� HON Rao mM rAn N BASIS OF BEARING I- - IOU' ME EEARMos VIDINV HE ARE BASED m IIIE GRAPHIC SCRLE NOTIIMESE lME !Y SAY RA'RYRN NIdIMAY• HANNG A 0 w IOD dmW Wff c OP SOVM Sa 3?' NEST. RYAS E OF I COOWwAR SVSIEN OF 194J. IONA' CMM& ZLWE 4P........... CER77RCA77ON :.... SYMBOL LEGEND n r. M a WE ME r aN m-IHE-mow+D SUR EY, AND ARE xp AfPANDfs . LLS.. • LOMRIENT AS MG A. CIX AJMA, 91MTAGES w AREA, ExcRDALNYENI3, '.; •P 5499 ,,;• OVERL M [OA '�O mr O Y(WUFI[NI SEJ AS NOIEO rco RW . O' EAC'FnE AS r A5 WVWd IM,OON E sHOMN sY ME S ALL �4 js 3 \ Oy W R£CORO VALUE PER pEEO WTI u£ASURLV NLLUE wia, RIN MbA/A AW SM E A £NISI AND . LOCA IIQV ANa 9ZE "U SHaigV ARE TRUE ANO LYWRELF. aR mmRER A. TOTt SVRYEY 2I-II49 NA9/ADR! SNR£19R 060'CNiM1YI suRlEr wwcE F JIM w9RM m BRAD WELLS, RPLS 315 FAIRLAND DRIVE _ NOIER CAMS CHA= mmPWYLIE, 1.�' 75098 "MaVA 305-8325 oD zorrE(405) IMs sxrl£r Is PREPARED :m nIEwellsbgOgmall.com fnlu E VSE ANO RENEAF m !Ix PIRA MAP A !`COI40Z➢AanESUSAOHEREON OAR Cf OSNZ/ZO09. ME UA&LITY TO ON?O PARRES MAY NOT W OA IE REM9m I DAZE REN9m 1 LIES M Imf 'X ; AN AREAIRN/S VWO m A!T%PYW..L OOD xAU oning - 4877 Sam Rayburn Highwa. 1 era V b �' t R C, e 19 k-; ` .t . All- r, 4 THE CITY OF nn Subject City Limits Property ED Boundary 0 70 140 r �l June 2022 V; 280 m Feet CITY OF ANNA TEXAS ORDINANCE 140. 988- Copy City of Anna Ord 988-2022 - Page 2 of 2