HomeMy WebLinkAboutOrd 542-2011 Rezoning 402 West White Street.pdf(Property rezoned under this ordinance is generally located on the north side of
West White Street (Hwy 455) and west of South Powell Parkway and generally
known as 402 West White Street)
CITY OF ANNA, TEXAS
ORDINANCE NO. 542-2011
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 PROPER1"IES 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 has initiated a zoning change on properties described in Exhibit A
(collectively, "Property") attached hereto and incorporated herein for all purposes as if
set forth in full; and
WHEREAS, the Property, generally located on the west side of north Powell Pkwy
(Hwy. 5), is being rezoned from Restricted Commercial (C-1) zoning to Planned
Development (PO) zoning, 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 Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as
amended and codified as Part III-C of The Anna City Code of Ordinances are hereby
CITY OF ANNA, rEXAS ORDINANCE NO. 542-2011 PAGE 1 OF4
amended by changing the zoning of the Property described in Exhibit A from Restricted
Commercial (C-1) to Planned Development (PD) zoning. Any use of the Property, or
any part of the Property, may occur only after the owner or proposed occupant or user
secures a City-issued certificate of occupancy ("Occupancy Permir), and is otherwise
subject to all generally applicable City ordinances or Codes that do not directly conflict
with this Ordinance. The Planned Development (PD) zoning regulations will be the
same as the regulations for the Restricted Commercial (C-1) district, except that the PD
zoning regulations shall include additional uses to the extent set forth below:
Child Care Center -allowed by right if the site plan, which is subject to City Council
approval, suffiCiently depicts that
1. maneuvering/drop-off locations are deSigned and properly oriented in
relation to surrounding streets and adjacent land uses; and
2. there is adequate separation or buffer from adjacent uses when
appropriate.
Fraternal Organizations. Lodge or Civic Club -allowed by right.
Garden Center Retail Sales -allowed by right.
School, Trade or Commercial-allowed by right provided that all training occurs indoors
without the creation of noise, dust, smoke or fumes that can be detected at property
lines. No truck driving schools are allowed.
Telephone Exchange -allowed only by Conditional Use Permit (also referred to as
"Special Use Perm if').
Auto Parts Sales -allowed by right for indoor sales only.
Motorcycle Sales & Service -allowed only by Conditional Use Permit.
Amusement, Commercial (Indoor) -allowed by right.
Baker & Confectionary (Retail) -allowed by right; commercial baker/bakery allowed
only by Conditional Use Permit.
Barber School or College -allowed by right.
Cleaning &dyeing (small shop) -allowed only by Conditional Use Permit. A dry cleaner
falls under the definition of a personal service shop and is allowed by right.
Medical Supplies sales & services -allowed by right.
Print Shop -allowed by right.
CITY OF ANNA. TEXAS ORDINANCE NO. 542-2011 PAGE20F4
~ervlce Ketall -allowea oy L;onaltlonal use t-'ermlt.
Veterinary Clinic (no outside oens) -allowed by right for small animals; allowed only by
Conditional Use Permit for large animal or small and large animal combination facility.
Nursery School. Kindergarten -allowed by right if the site plan, which is subject to City
Council approval, sufficiently depicts that:
1.
2.
maneuvering/drop-off locations are designed and properly oriented in
relation to surrounding streets and adjacent land uses; and
there is adequate separation or buffer from adjacent uses when
appropriate.
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.
CITY OF ANNA, TEXAS ORDINANCE NO. 542-2011 PAGE30F4
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 12th day of
April 2011.
ATTESTED:
CITY OF ANNA. TEXAS ORDINANCE NO. 542-2011 PAGE40F4