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HomeMy WebLinkAboutOrd 1138-2025-02 Amending Zoning to add Specific Use Permit for Auto Repair, LightCITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of W. White Street, 95± feet east of Victoria Falls Drive) ORDINANCE NO. 1138 - Z 0 2 5 - o Z 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 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 Council received an annexation petition and requested a Specific Use Permit on Property described in Exhibit A ("Property") and depicted in Exhibit B ("Preliminary Site Plan") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property is zoned Planned Development -General Commercial (PD/C- 2)(Ordinance No. 119-2003) and is generally located on the north side of W. White Street, 95± feet east of Victoria Falls Drive; 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 Anna City Code of Ordinances are hereby amended by approving a Specific Use Permit for Auto Repair, Light for the property described as Victoria Falls Center Addition, Block A, Lot 2, and described in Exhibit A and depicted in Exhibit B with the additional restrictions as follows: 1. Site Shall develop in accordance with the Preliminary Site Plan shown in Exhibit B. 2. Site shall develop in accordance with the fagade plan shown in Exhibit C. 3. Site shall develop in accordance with the Use Specific Standards in Zoning Ordinance Section 9.04.031(d) as follows: d. Auto Repair, Light. (1) All Auto Repair, Light activities shall take place within an enclosed space. (2) An Auto Repair, Light facility shall be located one hundred fifty (150) feet from any residential district or school use. 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. 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. 2 PASSED by the City Council of the City of Anna, Texas this 25th day of February 2025. ATTESTED: Carrie L. Land, City Secretary APPROVED: Pete(Cain, Mayor 1: I��I Ili yy v �S. p Ili�l��b Y S � i&mire I�q #I Ibis l a Er 3 " a s a s L e l .-k III �' III J FD I Egta � � s 5 �•`— � � € bm? b p 1p fi„•4g r S ix _r3 $Tn b Z ap¢2 Sa3F3�f°656 i �4rF6 Y 6U6rwi §IHN In HI MI I3 R3 y g 333333� I � a W ap Z N o� gg ~ L O w c LL O ]L Q < 0 5 mz O oz a O m =6 uu I !y !!�■s ; 2 , 2 � ! , ! ) )| } / | � � LU . L § ^ gy/ / . ) V)C) , ,u {j /{\ ) / 2 > } (( z �. L t /q U � co 2 x W '.�lesson PENNON LINNS DR ANNE duo AMw pi �.E. ISM QM r w WE I LM M�flll: � �nmm UNIONRM Now m w ammmi HIMAQ � '�/.i�i�iEra a THE CITY OF —'9E11' �Adimik .i EXUUU In favor of request Neutral to request Opposed to request S By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. Name (Please Print) Signature 4 r; v\ vat L KL Address Date •- ase return form to: USPS Mail: City of Anna Planning and Development Department P.O. Box 776 Anna, TX 75409 LJonii ilcliiioni Planning and Development Department Municipal Complex 120 W. Seventh Street Anna, TX 75409 Or by e-mail to LMECKE annatexas.gov Subject: Zoning Response