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Home My WebLink AboutOrd 1047-2023-06 Amending Planned Development (Ord 860-2020) to Incorporate an Additional 2.53± Acres (Sherley Commercial)ORDINANCE NO. 10 y * - VOA3- O(o AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND ESTABLISHING THE ZONING OF CERTAIN PROPERTY GENERALLY LOCATED ON THE EAST SIDE OF FUTURE N. STANDRIDGE BOULEVARD, 705t FEET SOUTH OF W ROSAMOND PARKWAY (W CR 370); 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 amendment from Mantua 30 Partners, LTD on real property described in Exhibit 1 (the "Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, the Property is generally located the east side of future N. Standridge Boulevard, 705f feet south of W Rosamond Parkway (W CR 370); 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 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, and the City Council has concluded that the Zoning Ordinance and Planned Development (Ord. No. 860-2020) should be amended as set forth in this ordinance; and WHEREAS, the purpose of this amendment is to incorporate the Property into existing Planned Development (Ord. No. 860-2020) after being annexed into the city's corporate limits; 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 Ord. No. 860-2020, as amended by Ord. No. 1010B-2022, is hereby amended by incorporating the Property (Exhibit 1) into the Planned Development as shown on the previously approved concept plan. Section 3. Official Zoning Map The official Zoning Map of the City shall be amended 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 ATTESTED: 1913 Anna, Texas this 13th day of June 2023. 2 y INILrLPOWYTERR9�E LN ��QG� '� Gy pp , ,, llSA � B y t Y �NciQR �� r i ♦� r -_. �7�! ! ' � . +. u>a w7��DE/i ♦ :.., tY� STILL F. gC9'�N +�;,.. y �n tp CREEK-L•N y 16 F-6im!' �.'A3HBROOK LN �YFi r w BURWIQK LN T ; r+ a SAD 37,0 �F Exhibit 1 BEING chat ccmdn tract of land situated in the John Ellet Survey, Abstract Number 296 and the W. Rattan Sunray, Abstract Number 752, CoUin County, `I' , being a portion of that tract of land described in deed as Tract ] to M1-1 Anna 325, LLC recorded in Instrument plumber 2DI904110003861 10 of the Official Public Reoutds of Collin County, Texas (O,P.R.C.C.T.)and being more particularly described by metes and bout as follows: BEGINNING at a 5/8 inch iron rod cap su mpcd "Motion" found for the northwest corner of that ccrwin tract of land described in deed to BFB ANA 40 Acres, LLC recorded in Instnirmmt Number 2019041200039080aand the southwest Cosner of thatcertain tract of land to Shedth M. Alam recorded in instrument Number 199901200O 74010 of said O.P.R,C.C.T- THENCE S W 14' 58" Eq 285.02 feet to a 5/8 inch iron rod with cap stamped ``Poloton" found and the bebiing of a curve to the right; THENCE with said curve to the tight, having an arc distance 277.01 feet, through a central angle of 38° WWII having a radius of 411.91 f=4 the long chord which burs S 15° lib' 59" W, 271.82 fcct to a 5/8 inch iron rod with cap stamped "Pclotofl" set': THENCE S 340 16'56" W, 286.03 feet to it 1 /2 inch iron rod found; THENCE S 05° 15' 18" W, 277.87 feet to a 5/8 ki h iron rod with cap stamped `Telot n -' set and the begi uing of a curve to the right THENCE with said curve to the right, having an arc &tmice of 473.61 feet, through a central angle of 28° 16' 00", having a radius of 960.00 feet, the long chord which beans N 01" 35' 07" E, 468.82 feet to a 5/8 inch iron rod with cap stamped 4Teloton" set; 11iENCE N 150 43' 07" E, 512.37 feet to a 5/8 inch iron rod with cap stamped "Peloton" set and the begkming of a cum to the left; THENCE with said curve to the left, having art arc distance of 99.55 feet, through a central angle of 03° 42' 130, having a radius of 1,540.00 feet, the long Chord which beats N 13° 52' 00" E, 99.53 feet to a 5/8 inch iron rod with cap stumped " Feloton" set; THENCE N 88° 44' 00" E, 60.25 feet to the POM' OF BEGINNING and containing 2-533 acres 4r 110,346 squaw feet more or Ics,s.