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HomeMy WebLinkAboutOrd 478-2009 Rezoning Property at North of 7th St, South of 5th St. West of Riggins St., East of S. Powell Pkwy(Property rezoned under this ordinance is generally located north of Seventh Street, south of Fifth Street, west of Riggins Street and east of South Powell Parkway) CITY OF ANNA, TEXAS ORDINANCE NO. 478-2009 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 Seventh Street, south of Fifth Street, west of Riggins Street and east of South Powell Parkway and are being rezoned from 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: 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 Ill-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 Light Industrial (1-1) and Heavy Industrial (1-2) 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. 478-2009 Rezoning north of 7 h st, south of 5'" st., west of Riggins.doc 1 12408-09 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 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 8th day of December, 2009. F -.1111119:631:91111 1 1-lu tha Wilk isoh, City Secretary Ord. 478-2009 Rezoning north of 70'st, south of e st., west of Riggins.doc 2 12-08-09 1*4141JIM Situated in Coffin County, Texas, in the H. Brantley Survey, Abstract No. 71, being in the City of Anna, Collin County, Texas, and being described as follows: BEGINNING at the northeast corner of lot 5, Block 3 of the Anna Original Donation plat, said point also being in the south right-of-way line of Fifth Street; THENCE south 580.0 feet to a point for corner in the north right-of-way line of Seventh Street; THENCE west 615.0 feet to a point for comer in the east right-of-way line of Powell Parkway (State Highway Number 5); THENCE north 3 degrees 9 minutes 15 seconds cast a distance of 250.4 feet with the east right-of-way line of Powell Parkway to a point for corner; THENCE east a distance of 346.2 feet leaving the said Powell Parkway to a point for comer, THENCE north a distance of 90 feet to a point for comer, THENCE west a distance of 341.8 feet to a point for comer in the east right-of-way line of Powell Parkway (State Highway Number 5); THENCE north 3 degrees 9 minutes 15 seconds east a distance of 250.4 feet with the east right-of-way of Powell Parkway to a point for comer, said comer being in the east right- of-way line of Powell Parkway and the south right-of-way of Fifth Street; THENCE east a distance of 583.0 feet with the south right-of-way line of Fifth Street to the POINT OF BEGINNING and containing 7.3 acres of land more or less.