HomeMy WebLinkAboutOrd 477-2009 Rezoning Property at North of W White St, East of Slayter Creek, South of Fourth St, West of S. Powell Pkwy(Property rezoned under this ordinance is generally located north of West White Street,
east of Slayter Creek, south of Fourth Street and west of South Powell Parkway)
CITY OF ANNA, TEXAS
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 PROPERTIES 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 initiated a zoning change on properties
described in Exhibit A attached hereto for said properties; and
WHEREAS, said properties are generally located north of West White Street, east of
Slayter Creek, south of Fourth Street and west of South Powell Parkway and are being rezoned
from General Commercial District (C-2), Light Industrial (1-1) and Heavy Industrial (1-2) to
Restricted Commercial (C-1) District; 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
City of Anna Ordinance No. 116-2003 as amended and codified as Part 111-C of The Anna City
Code of Ordinances and the Comprehensive Plan of the City are hereby amended by changing
the zoning of the tracts described in Exhibit A, attached hereto and incorporated herein as if set
forth in full, from General Commercial District (C-2), Light Industrial (1-1) and Heavy Industrial (I-
2) District to Restricted Commercial (C-1) District.
Section 3. Official Zoning Map
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Ord. 477 -2009 Rezoning West White Sbvet east of Slayter Creek.doe PAGE 1 OF 2 12-08-09
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 S. 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 Effiective 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 8th day of December, 2009.
ATTESTED: APPR D:
0 F As 04D -
)'JL-
NaTaI ID' ilriskeli,)Mayor
Wi kison, City Secretary
Ord. 477 -2009 Rezoning West White Street east of Slayter Creek.doc PAGE 2 OF 3 12-08-09
Situated in Collin County, Texas, in the H. Brantley Survey, Abstract No. 71 and the J. C.
Farris Survey, Abstract No. 331, being in the City of Anna, Collin County, Texas, and
being described as follows:
BEGINNING at the in knection. of the north line of West White Street (F. A Highway
Number 455) with the West line of Powell Parkway (State Highway Number 5);
THENCE north 87 degrees 44 minutes 54 seconds west with the north line of West White
Street, a distance of 192.97 fed to a point for corner;
THENCE north 87 degrees 43 minutes 38 seconds west, a distance of 270.83 feet along
the north line of West White Street to a point for comer,
THENCE north 2 degrees 20 minutes 35 seconds east a distance of 5 feet continuing
along the north line of West White Street to a point for coiner, said corner being the
beginning of a curve to the right;
THENCE along said curve to the right and continuing with the north line of West White
Street an are distance of 68.65 feet said curve having a radius 278.31 feet, a central angle
of 14 degrees 09 second 02 minutes and a long chord length of 68.48 feet which beam
north 80 degrees 14 minutes, 25 seconds west to a point for comer,
THENCE north 70 degrees 13 minutes 14 seconds west a distance of 3.62 fed continuing
with the north line of West White Street to a point for comer,
THENCE north 25 degrees 25 minutes 35 seconds east, a distance of 108.20 feet
departing the north line of West White Street to a point for corner,
THENCE north 42 degrees 41 minutes 35 seconds east a distance of 62.20 feet to a point
for corner,
THENCE south 97 degrees 53 minutes 40 seconds cast a distance of 18.49 feet to a point
for comer;
THENCE north 2 degrees 40 minutes 10 seconds east a distance of 233.71 feet to a point
for comer,
THENCE north 88 degrees 12 minutes 4 seconds west a distance of 515.2 feet to a point
for corner in the center line of Slayter Creek, -
THENCE up said creek with its meanderings thereof in a northerly direction as follows:
north 19 degrees 08 minutes 21 seconds east, a distance of 52.82 feet to a point
for comer,
north 25 degrees 02 minutes 38 seconds west, a distance of 19.94 feet to a point
for comer,
north 34 degrees 58 minutes 49 seconds west, a distance of 44.34 feet to a point
for comer,
north 46 degrees 12 minutes 31 seconds west, a distance of 133.02 feet to a point
for comer;
north 03 degrees 03 minutes 55 seconds west, a distance of 46.55 feet to a point
for corner;
north 25 degrees 00 minutes 05 seconds east, a distance of 57.84 feet to a point
for comer;
north 06 degrees 27 minutes 51 seconds west, a distance of 79.33 feet to a point
for corner;
north 49 degrees 51 minutes 27 seconds east, a distance of 27.23 feet to a point
for comer;
north 65 degrees 55 minutes 27 seconds east, a distance of 51.47 feet to a point
for comer;
north 26 degrees 45 minutes 34 seconds east, a distance of 14.95 feet to a point
for corner;
north 04 degrees 39 minutes 37 seconds east, a distance of 42.91 feet to a point
for comer;
north 19 degrees 38 minutes 09 seconds west, a distance of 82.58 feet to a point
for Corner;
north 62 degrees 14 minutes 37 seconds east, a distance of 61.39 feet to a point
for corner;
north 55 degrees 03 minutes 40 seconds east, a distance of 49.26 feet to a point
for corner;
north 37 degrees 50 minutes 40 seconds east, a distance of 72.37 feet to a point
for corner;
north 12 degrees 06 minutes 40 seconds east, a distance of 18.70 feet to a point
for corner;
north 39 degrees 56 minutes 40 seconds west, a distance of 32.69 feet to a point
for comer;
north 55 degrees 07 minutes 10 seconds west, a distance of 138.84 feet to a point
for corner;
north 10 degrees 58 minutes 59 seconds west, a distance of 169.88 feet to a point
for corner;
north 5 degrees 31 minutes 05 seconds east, a distance of 142.80 feet to a point
for comer,
north 11 degrees 10 minutes 47 seconds west, a distance of 94.03 feet to a point
for corner;
THENCE south 99 degrees 28 minutes 15 seconds east, a distance of 626.98 feet leaving
the cevialine of Slayter Creek to a point for corner;
THENCE south 4 degrees 13 minutes 9 seconds west, a distance of 151.29 fed to a point
for comer;
THENCE south 97 degrees 44 minutes 47 seconds east, a distance of 302.19 feet to a
point for corner,
THENCE south 3 degrees 33 minutes 32 seconds west, a distance of 678.54 feet to a
point for comer;
THENCE south 87 degrees 27 minutes 38 seconds east, a distance of 206 feet to a point
for corner;
THENCE south 4 degrees 2 minutes 23 seconds west a, a distance of 120 feet to a point
for corner;
THENCE north 87 degrees 27 minutes 39 seconds west, a distance of 209.22 feet to a
point for comer;
THENCE south 3 degrees 41 minutes 00 seconds west, a distance of 239.34 feet to a
point for comer;
THENCE south 97 degrees 52 minutes 23 seconds east, a distance of 199.23 feet to a
point for corner;
THENCE south 5 degrees 26 minutes 41 seconds west, a distance of 240.06 feet to a
point for comer;
THENCE south 5 degrees 16 minutes 00 seconds west a distance of 163.35 feet to the
POINT OF BEGINNING and containing 27.1 acres of land more or less.
irl , it-TIMIKI-Iq