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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