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Home My WebLink AboutOrd 1030-2023-01 Specific Use Permit- City of Anna Water Storage Tank Add, Blk A, Lot 2CITY OF ANNA, TEXAS (City of Anna Water Storage Tank Addition, Block A, Lot 2) ORDINANCE NO. y 030-;Za�L 3 - Of AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON 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 specific use permit from City of Anna Economic Development Corporation 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 is zoned Planned Development -Anna Business Park (Ordinance No. 743-2017); 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 Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by approving a Specific Use Permit on the property described in Exhibit 1, attached hereto and made an integral part of this ordinance, and approving the Specific Use Permit in the Planned Development zoning district to allow the use of a communications tower with a maximum height of 130 feet as depicted in the Site Plan on the attached Exhibit 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. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. 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 January 2023. -- <_::<' Specific Use Permit - City of Anna Water Storage Tank Addition, Block A, Lot 2 +/K l r+ `�• �� t - 1 °°.�: - THE CITY OF N \r Anha �!r ® Subject I City Limits Property ETJ 209 Notice (��L'{S' N ♦ Boundary a 0 150 300 600 Vk Feet { December 2022 EXHIBIT 1 LEASE AREA BEING a tract of land situated in the D.E.W. Babb Survey, Abstract No. 33, Collin County, Texas, also being situated in Lot 2, Block A, City of Anna Water Storage Tank Addition, an addition to the City of Anna, Collin County, Texas, according to the plat thereof recorded in Plat Book 2022, Page 457, Map Records, Collin County, Texas, and being out of and a portion of that certain 85.571 acre tract of land conveyed to Anna Economic Development Corporation - a Type A Development Corporation; and Anna Community Development Corporation - a Type B Development Corporation, by Special Warranty Deed dated December 29, 2016, recorded in Instrument No. 20170103000004800, Official Public Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found with cap marked "TNP" for the northwest corner of said Lot 2, Block A, City of Anna Water Storage Tank Addition, same being on the east line of that certain tract of land conveyed to Dallas Area Rapid Transit by Instrument No. 2001-0078323, Official Public Records, Collin County, Texas, and being an interior corner of that certain tract of land conveyed to PC5 Properties, LLC, by Instrument No. 2022000068698, Official Public Records, Collin County, Texas; THENCE along the north line of said Lot 2, Block A, City of Anna Water Storage Tank Addition, same being an interior line of said PC5 Properties, LLC, tract, South 89 degrees 24 minutes 44 seconds East, a distance of 21.05 feet to 5/8" iron rod found with cap marked "WEBB 4125" for the POINT OF BEGINNING hereof; THENCE continuing along the north line of said Lot 2, Block A, City of Anna Water Storage Tank Addition, same being an interior line of said PC5 Properties, LLC, tract, South 89 degrees 24 minutes 44 seconds East, a distance of 60.00 feet to a 5/8" iron rod set with cap marked "WEBB 4125"; THENCE through the interior of said Lot 2, Block A, City of Anna Water Storage Tank Addition, the following three (3) courses: 1. South 18 degrees 44 minutes 54 seconds West, a distance of 60.00 feet to a 5/8" iron rod set with cap marked "WEBB 4125"; 2. North 89 degrees 24 minutes 44 seconds West, a distance of 60.00 feet to a 5/8" iron rod set with cap marked "WEBB 4125"; 3. North 18 degrees 44 minutes 54 seconds East, a distance of 60.00 feet to the POINT OF BEGINNING hereof and containing 0.0785 acres or 3,421 square feet of land, more or less. AND BEING all of that certain 60' x 60' AT&T easement as shown on said Lot 2, Block A, City of Anna Water Storage Tank Addition. Pagel of 3 EXHIBIT 1 30' ACCESS/UTILITY/FIBER EASEMENT BEING a tract of land situated in the D.E.W. Babb Survey, Abstract No. 33, Collin County, Texas, also being situated in Lot 2, Block A, City of Anna Water Storage Tank Addition, an addition to the City of Anna, Collin County, Texas, according to the plat thereof recorded in Plat Book 2022, Page 457, Map Records, Collin County, Texas, and being out of and a portion of that certain 85.571 acre tract of land conveyed to Anna Economic Development Corporation - a Type A Development Corporation; and Anna Community Development Corporation - a Type B Development Corporation, by Special Warranty Deed dated December 29, 2016, recorded in Instrument No. 20170103000004800, Official Public Records, Collin County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8" iron rod found with cap marked "TNP" for the northwest corner of said Lot 2, Block A, City of Anna Water Storage Tank Addition, same being on the east line of that certain tract of land conveyed to Dallas Area Rapid Transit by Instrument No. 2001-0078323, Official Public Records, Collin County, Texas, and being an interior corner of that certain tract of land conveyed to PC5 Properties, LLC, by Instrument No. 2022000068698, Official Public Records, Collin County, Texas; THENCE along the north line of said Lot 2, Block A, City of Anna Water Storage Tank Addition, same being an interior line of said PC5 Properties, LLC, tract, South 89 degrees 24 minutes 44 seconds East, a distance of 81.05 feet to 5/8" iron rod set with cap marked "WEBB 4125" for the northeast corner of the lease area described hereon and the POINT OF BEGINNING hereof; THENCE continuing along the north line of said Lot 2, Block A, City of Anna Water Storage Tank Addition, same being an interior line of said PC5 Properties, LLC, tract, South 89 degrees 24 minutes 44 seconds East, a distance of 245.95 feet to a 5/8" iron rod found with cap marked 'TNP" for the northeast corner of said Lot 2, Block A, City of Anna Water Storage Tank Addition, same being an interior corner of said Dallas Area Rapid Transit tract; THENCE along the east line of said Lot 2, Block A, City of Anna Water Storage Tank Addition, same being an interior line of said PC5 Properties, LLC, tract, South 18 degrees 44 minutes 54 seconds West, a distance of 503.00 feet to a Point for the southeast corner of said Lot 2, Block A, City of Anna Water Storage Tank Addition; THENCE along the south line of said Lot 2, Block A, City of Anna Water Storage Tank Addition, same being an interior line of said PC5 Properties, LLC, tract, North 89 degrees 24 minutes 44 seconds West, a distance of 31.57 feet to a 5/8" iron rod found with cap marked 'TNP" for the northeast corner of Lot 1, Block A, of said City of Anna Water Storage Tank Addition; THENCE through the interior of said Lot 2, Block A, City of Anna Water Storage Tank Addition, the following four (4) courses: 1. North 18 degrees 44 minutes 54 seconds East, a distance of 443.82 feet to a Point; Page 2 of 3 EXHIBIT 1 2. Along a curve to the left having a radius of 20.00 feet, an arc distance of 37.76 feet, through a central angle of 108 degrees 09 minutes 38 seconds, and whose chord bears North 35 degrees 19 minutes 55 seconds West, a distance of 32.39 feet to a Point; 3. North 89 degrees 24 minutes 44 seconds West, a distance of 186.77 feet to a Point on the east line of the lease area described hereron; 4. Along the east line of said lease area, North 18 degrees 44 minutes 54 seconds East, a distance of 31.57 feet to the POINT OF BEGINNING hereof and containing 0.4981 acres or 21,696 square feet of land, more or less. AND BEING all of that certain 30' access, utility and fiber easement as shown on said Lot 2, Block A, City of Anna Water Storage Tank Addition. Page 3 of 3 l3 n. n� � NN9x. g5,rt UumM , a vvvnnc muT , �NI tlII (V A. , uFL" vE / v ¢ Kce cvm Azrss / O 2 , r \p vvca — � 2Y ))))S�ILRI.VICM KCESS 6Cffy <� M' 17 tr 110CR 6Y1. Gy �, nua,.000mA,w J � r•, R611NL iR01£Att LM /� vwn NM / pRYQ.BMARN. - GMIS GROUP VICINITY MAP SITE DATA SUMMARY TABLE EXHIBIT 1 P .1 oft SIFE PUN BEING A PpMpN OF LOT 3 BLOCK A CRY OF ANNA WATER SiMCE TANK ADMON P4T BK 2022. PC. 457 YR.C.C.T. ANNA ECONONIC DEVELOPMENT CORMUTON INST. 20170103M000DO O.P. R.C.C.T. 0 AT&T AT&T SITE NUMBER DXL08979 AT&T SITE NAME ANNA o+mALLBrt vwN AISUY ,YIp992 TO A SPOT e u695' C 1 / ■ IYd Yro rov a ur• uarowlc Ivrtv I#d p Nd /111A6 ro u. a la Rlel xnons ea-6' IwcmhusW .ar, n n ii uv-0' �� rnWsm rvM[ xnoexs r. 6 e r Ia' rwoee to Rm ueem utnc 4"[ a ..� rox vrnWa. � au�w.as.* loumr a awo� avc a I•• nlc no. vxmc ala � VWraR ,Wrca. 1 / � WYd . �� ra6evsm � exlmla W 4 a 4460gY MItYt4 �'�' rn x�e �CGJIRC� IWI IVA'R nn u• •.uc i lol Rnr a � �� Wpiot Ira , �� W u. a rw.aysu unvIw �¢• Ix' ouec rem u¢ �3p�� a• � e vnm/'ffs usomn. sr. sm�o y •pia o c�arxo � 3 wrl cununr vsm uce. .n enr artless a sets �IOC91t pY11 n1. (OR •/ s snam a aaem i /:1DEfal sere auN IS ,Y OEM, 12 ELEVATION OEM, N' R 9 �/16'•I'-0' a s r ,z ,e• ss.,am aAacs EXHIBIT 1 NJ oft arm. C;L;RIS GROUP w a AT&T AT&T SNE NUMBER DXL08979 AT&TSRENAME ANNA omnu�6vw+ W 19A IW, m �� SP02