HomeMy WebLinkAboutOrd 479-2009 Rezoning Property at South of W White St., North of the cemetery, East of Oak Hollow Sub, West of Ferguson Pkwy(Property rezoned under this ordinance is generally located south of West White Street,
north of the cemetery, east of the Oak Hollow Subdivision and west of Ferguson Pkwy)
CITY OF ANNA, TEXAS
ORDINANCE NO. 479-2009
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 south of West White Street, north of
the cemetery, east of the Oak Hollow Subdivision and west of Ferguson Parkway and are being
rezoned from General Commercial District (C-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
Section 2. Zoning Change
City of Anna Ordinance No. 116-2003 as amended and coded 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) to Restricted Commercial (C-1) District.
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Ord. 479 -2009 Rwtoning South of west wt»te.doc 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 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.
ATTESTED: APPR
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Ord. 479 -2009 Rezoning South of West White.doc PAGE 2 OF 2 12-08-09
EXHIBIT A
SrIUATED in the State of Texas, County of Collin, and City of Anna, being part of the
Joseph Schluter Survey, Absbvict No. 965, being part of a called 36 am tract as recorded
in CC# 96-24US of the Deed Records of Collin County, Texas, said tract, being more
particularly described as follows:
BEGINNING at a point in the northeast corner of the Oak Hollow Estates Phase I
subdivision as recorded in Document Number 2002-0013906 of the Records of Collin
County Texas, said point also being in the south right-of-way line of West White Street
(State Highway Number 455);
THENCE with the south right-of-way line of West White Street bearing south 97 degrees
13 minutes 52 seconds east a distance of 310.34 feet to a point in the west line of the
Anna Market Center Plat recorded in Book 2008 page 361 of the Plat Records of Collin
County Texas, said point also being the centerline, of Ferguson Parkway;
THENCE south with the center line of said Ferguson Parkway bearing south 0 deVees 23
minutes 3 seconds east a distance of 757.57 feet to a point in a curve to the right with a
radius of 700 feet;
THENCE following the curve to the right a distance of 242.46 feet and a chord bearing of
south 9 degrees 32 minutes 15 seconds west a distance of 241.25 feet,
THENCE south 19 degrees 25 minutes 33 seconds west a distance of 316.69 feet to a
point for comer-,
THENCE south 87 degrees 11 minutes 20 seconds west a distance of 65.36 feet to a point
for comer,
THENCE north 0 degrees 39 minutes 43 seconds west a distance of 95.93 feet to a point
for comer,
THENCE south 99 degrees 20 mitattes, 17 seconds west a distance of 97.19 feet to a point
for comer in the east line of the Oak Hollow Addition phase 2 as recorded in Document
Number 2003-0027063 of the Records of Collin County Texas;
THENCE north 0 degrees 20 minutes 48 seconds west a distance of 1217.58 feet to the
POINT OF BEGINNING and containing 8.3 acres of land more or less.
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