HomeMy WebLinkAboutOrd 888-2020 Rezoning property's Sign Variance (TacoBell/KFC)CITY OF ANNA, TEXAS
ORDINANCE NO. & `J 'd � aO alO
AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S 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 subdivision of land, zoning, signs, landscape regulations,
and tree preservation in the City; and
WHEREAS, after due consideration and discussion the City Council finds based on the
evidence and arguments presented during the public hearing that the evidence:
• Demonstrates the degree of the variance is in conformance with the spirit of Article
9.05 Signs;
• Demonstrates a reasonable request due to the location in proximity of the highway
impeding the property's signage visibility that is available to surrounding properties;
• Demonstrates that the location of the request shall be only for the single sign as shown
on Exhibit 1 and Exhibit 2;
• Demonstrates the duration of the request to run concurrently with the business;
• Demonstrates that the request will not impact public safety;
• Demonstrates the conformance with the general plan within the city;
• Demonstrates protection of neighborhood property and property values; and
• Demonstrates the hardship is not self-inflicted.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Amendment
1. Copy Area &Masonry Requirement -Pole Sign (KFC/Taco Bell)
• Maximum 112± square feet copy area per side (allowed 80 square feet
per side).
• Minimum 8 -foot masonry columns, to match the stone of the existing
building, around both bases of the pole sign.
Section 3. 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 4. 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 the lesser of $2,000 or the highest
amount allowed by applicable law for each incidence of violation. Each day a violation
exists is considered a separate offense and will be punished separately.
Section 5. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council 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 2020.
ATTESTED: ,,,,,,, APPROVED:
Carrie L. Land, City Secreta
Pike, Mayor
Qi
�:� ; E 49t
FAA J
1r.i s c a • /- U W
o w ,m ti,. ti
im OFF,
IF
N
O
,AI Aw� U o
Q N N O
�. off,. W o � z
4` Q `
o
- I ,' OD
A Ar
OF
far-- —A IF ` F n o
F�'t 1
It `
AL
IrF
o
\% ~ AAF It
T R` s IA aSA
++6 R t A I A MI,FF
-
d
cr
u: l
as ,, '
, F -
as ' t
v p Fir '= �,
AA\ -
C:
F"A"A"'
�r
.� 't �' I \
% 4 At
i --
cn
`' EFAWIN -
Rt f r
� Fp
' �..,
<'A
e . N N 9, Ar
to
IF
I.
At
A IF For
Ar.
�,I'�
IF IF-
LU r
' ^ r 1 a —aa- . I F" - - ANk IF
w%Ar
:t;yiA FAA
4 AL
f
L If A I 14
F. ^ NJN�
!1 S
�1 .
imp
SL db'MH�IH Sn
H sn �,
CITY OF ANNA
City Council
December 8, 2020
Sign Variance Request: Anna Retail Addition, Block A, Lot 2RB (KFC/Taco Bell)
Applicant: Karissa Pankratz
DESCRIPTION:
Request for a sign variance for a restaurant on 0.75± acre located on the south side of W
White Street (FM 455), 1,105± feet east of S Central Expressway.
The applicant is requesting a variance from Article 9.05 Signs to increase the visibility of
the two brands within the building. The applicant has provided a signage plan, Exhibit 1,
that identifies the locations of signs requesting variances as well as the dimensions, color
of the sign, Exhibit 2.
REMARKS:
Class 5, Major Free -Standing Signs
A class 5 major free-standing sign is afree-standing sign that is not classified as a class
1 (minor signs), class 2 (window signs), class 3 (traffic -related signs), or class 4 sign
(temporary promotional signs). Major free-standing signs in retail and commercial
districts can be used to identify a center or complex or either a single establishment or
multiple establishments.
Pole signs are only permitted on tracts of land which was part of a parent tract adjacent
to U.S. Highway 75 as of January 1, 2007.
• A plat recorded on June 20, 2007, Volume 2007, Page 329 of the Map Records,
Collin County, Texas shows that this property was part of a larger, U.S. Highway
75 parent tract.
The signage copy area is determined based on the street type and lot width.
• The lot width of W White Street (FM 455) along with the lot width restricts the
maximum copy area to 80 square feet.
ISSUES:
The applicant is requesting the following variance from the Sign Ordinance:
1. Copy Area -Pole Sign (KFC/Taco Bell)
• Requesting 112± square feet copy area per side (allowed 80 square
feet per side). See Exhibit 2 for additional signage details.
To increase the aesthetic appeal of the proposed sign the applicant has agreed to add 8 -
foot masonry columns around both bases of the pole sign. The proposed masonry will
match the stone of the existing building.
SUMMARY:
The applicant is requesting a variance to allow for an increased copy area of a Pole Sign.
The purpose of the request is to increase sight visibility along W. White Street (FM 455).
Additional signage on the property will be subject to the rules and regulations of Article
9.05 Signs.
RECOMMENDATION:
Staff is in support of the increased copy area request due to the applicant willingness to
enhance the aesthetic appeal of the proposed pole sign in addition to the proposed sign
advertisement of two business that are located within one building on one lot.
This item is recommended for approval subject to the following:
a. Maximum 112± square feet copy area per side (allowed 80' square feet per
side).
b. Minimum 8 -foot masonry columns, to match the stone of the existing
building, around both bases of the pole sign.
PAGE20F2
I
No
H
ssl C OIL5
dc
a u
NMI
> n 2�§ a . a
L
r_
1
I
L
nAA6
OOOGOEA�AABAAAAA
A
�A
1 11
NOW PAF
V1
W
V
a
LL
O
m
J
WO
mu
H
a W
�a
0 W
zu
as
ua
LL W
Y =
W
r. V
X N
0o a
T �
.n
N
w N
N
N W
(n O
.0
N N U
'2 f0
C mL
O O T
L.. Q
O N O
1 N v U
N 01c W W
O O C Q <
C
O O.N O
-0 Ti
7 O+
vvv
mm ai
0) N
?y ,C N
O O)d
N
C
Om 3
O
f2 j,L
0— N
7 N
l4 U'N
01
U C O
L i C
O O
Co -0
N W
W
> � O D D
F
N cQ Q
a(o z
v
Q d > . /1
O 0
E @ It
o O O
D N o Z z
C) =) U g
z
(D
U)
- v
X
00
I
co
C
U
c LL
O Y
o a o
low� m a�
U) N > >
N
0 0.. Of �
0
u
�o
m
ui
0 Y o
� � Y
(o U)
� yY
m uD
m r- o
O N
�N (o LO O
C) z
U (O o o
• Y � ([ cD LL Lo
N r
a�
o
E Z (,0
O H
0 0
r N NM (0
i 'a @ U c
0 0. 0 jQ
N
V1
W
V
a
LL
O
m
J
WO
mu
H
a W
�a
0 W
zu
as
ua
LL W
Y =
W
r. V
X N
0o a
T �
.n
N
w N
N
N W
(n O
.0
N N U
'2 f0
C mL
O O T
L.. Q
O N O
1 N v U
N 01c W W
O O C Q <
C
O O.N O
-0 Ti
7 O+
vvv
mm ai
0) N
?y ,C N
O O)d
N
C
Om 3
O
f2 j,L
0— N
7 N
l4 U'N
01
U C O
L i C
O O
Co -0
N W
W
> � O D D
F
N cQ Q
a(o z
v
Q d > . /1
O 0
E @ It
o O O
D N o Z z
C) =) U g
z
(D
U)
- v
X
00
I
co
C
U
c LL
O Y
o a o
low� m a�
U) N > >
N
0 0.. Of �
0
u
�o
m
ui
0 Y o
� � Y
(o U)
� yY
m uD
m r- o
O N
�N (o LO O
C) z
U (O o o
• Y � ([ cD LL Lo
N r
a�
o
E Z (,0
O H
0 0
r N NM (0
i 'a @ U c
0 0. 0 jQ