HomeMy WebLinkAboutOrd 946-2021 Rezoning Property at Vaquero DG Westminster, Blk A, Lot 1CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located at the southwest corner of
State Highway 121 and Farm -to -Market Road 2862)
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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 has received a requested zoning change on Property described in Exhibit A
("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located at the southwest corner of State Highway 121 and
Farm -to -Market Road 2862 from SF-E Single Family Residential -Large Lot zoning to C-2 General
Commercial 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 Anna City Code of Ordinances are hereby amended by changing the zoning of the Property
described in Exhibit A from Single -Family Estate (SF-E) to General Commercial (C-2) zoning.
Section 3. Official Zoning Map
1
The official Zoning Map of the City shall be corrected to reflect the change in zoning described
herein.
Section 4. Savings, Repeall'ng 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 ofthis 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 12th day of October 2021.
ATTESTED:
Carrie L. Land, City Secretary
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Pike, Mayor
JPH Land Surveying, Inc. EXHIBIT 1
D. F. W. Central Texas * West Texas * Houston
PROPERTY DESCRIPTION
FIELD NOTES to that tract of land situated in the Samuel Craft Jr. Survey,
Abstract Number 165, City of Anna, Collin County, Texas, being a portion of that
certain tract of land described in the deed to Westminster 121 Associates, a
California General Partnership, recorded in Volume 3235, Page 715, Deed
Records, Collin County, Texas; the subject tract is more particularly described as
follows (bearings are based on the Texas Coordinate System of 1983, North
Central Zone):
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Beginning at a 5/8"capped rebar stamped "TXDOT ROW" found at the most northern southeast corner
of a tract of land described as "Parcel 9" in the deed to the State of Texas recorded under Instrument
Number 20190403000351130, Official Public Records, Collin County, Texas, from which the northeast
corner of the said Westminster tract bears NORTH 35°30'34" WEST, a distance of 19.99 feet;
THENCE with the perimeter and to the corners of the said Parcel 9, and through the interior of the
Westminster tract, the following calls:
1. NORTH 65°19'18" EAST, a distance of 124.66 feet to a 5/8" capped rebar stamped
"TXDOT ROW";
2. NORTH 54020'30" EAST, a distance of 215.42 feet to a found 5/8" capped rebar
stamped "TXDOT ROW";
3. SOUTH 59032' 19" EAST, a distance of 40.48 feet to a 1/2 inch capped rebar stamped
"JPH Land Surveying" set at the beginning of a non -tangent curve to the left (concave
east), having a radius of 5,619.58 feet, and a chord that bears SOUTH 07°32'38" WEST,
a distance of 138.86 feet;
4. Southerly along said curve, an are length of 138.87 feet to a 1/2 inch capped rebar
stamped "JPH Land Surveying" set at the end of the curve;
5. SOUTH 08015'06" WEST, a distance of 94.35 feet to a found 5/8" capped rebar
stamped "TXDOT ROW";
6. SOUTH 03003'25" WEST, a distance of 222.57 feet to a 1/2 inch capped rebar stamped
"JPH Land Surveying" set on the south line of the Westminster tract;
THENCE with the perimeter and to the corners of the Westminster tract, the following bearing
and distances:
1. NORTH 89033'28" WEST, a distance of 212.41 feet to a found 1/2 inch rebar with a
damaged cap;
2. NORTH 48038'02" WEST, a distance of 148.44 feet to a found 1/2 inch rebar;
3. NORTH 47058'09" EAST, a distance of 151.11 feet to a set 1/2 inch capped rebar
stamped "JPH Land Surveying";
Dallas -Fort Worth
785 Lonesome Dove Tr
Hurst, Texas 76054
(817)431-4971
Firm #10019500
Central Texas West Texas
1516 E. Pahn Valley Blvd., A4 426 Graham Street
Round Rock, Texas 78664 Tuscola, Texas 79562
(512) 778-5688 (325) 672-7420
Firm #10194073 Finn #10193867
W W W. JPHLAND SURVEYING. COM
Houston
11511 Katy Fwy., 515
Houston, Texas 77079
(281)812-2242
Firm # 10019500
U
ti
5-0
Page 2 of EXHIBIT 1 CONT.
THENCE NORTH 35°3034 WEST, continuing with the perimeter of the Westminster tract, a
distance of 117.04 feet returning to the Point of Beginning and enclosing 2.453 acres
(�106, 839 Square FPPtI
Jewel Chadd
Registered Professional
Land Surveyor N° 5754
jewel@iphls.com
August 19, 2021
Project N° 2021.022.033
Proposal N° DFW4516
Dallas -Fort Worth
785 Lonesome Dove Tr.
Hurst, Texas 76054
(817)431-4971
Firm #10019500
Central Texas West Texas
1516 E. Palm Valley Blvd., A4 426 Graham Street
Round Rock, Texas 78664 Tuscola, Texas 79562
(512) 778-5688 (325) 672-7420
Firm 410194073 Firm #10193867
W W W . JPHLAND SURVEYING. C OM
Houston
11511 Katy Fwy., 515
Houston, Texas 77079
(281)812-2242
Firm # 10019500
CITY OF ANNA
Planning &Zoning Commission
September 7, 2021
Zoning: Vaquero DG Westminster
Applicant: Westminster 121 Associates
DESCRIPTION:
Request to rezone 2.5± acres from Single -Family —Large Lot (SF-E) to General
Commercial (C-2) to allow for a department store located at the southwest corner of State
Highway 121 and Farm -to -Market Road 2862.
REMARKS:
The applicant is requesting to rezone the property in order to allow for a department store.
The General Commercial (C-2) district is intended to accommodate those uses that are
of city-wide and regional significance. Within this district are permitted retail, service, and
office uses characteristic of retailing and wholesaling markets. This district is intended to
accommodate commercial activities that cannot be accommodated in the C-1 Restricted
Commercial District.
A preliminary plat, Vaquero DG Westminster Addition, Block A, Lot 1, accompanies this
request.
Surrounding Land Use and Zoning
North
Across
Sam Ra burn Hi hwa ,vacant tract. Located in the ETJ
East
Across
FM 2862, Single—familySingle-ramily residence, zoned SF-1
South
Vacant
tract, zoned SF-E
West
Vacant
building, zoned C-2
Conformance with the City of Anna Strategic Plan and Comprehensive Plan
Anna Vision 2036
1. Principle 6: Dynamic Business Community
a. Ability of neighbors to work in Anna
b. Attractive commercial centers with well -designed and well -maintained
landscaping
City of Anna Goals for 2026
1. Goal 1: Growing Anna Economy
Expand the commercial tax base
Future Land Use Plan —The Future Land
Use Plan designates this property as
Community Commercial.
Community Commercial development is
typically characterized by small,
freestanding buildings containing one or
more businesses. Unlike larger shopping
centers that may attract regional customers,
Community Commercial developments
primarily provide services for residents of
surrounding neighborhoods. Business types
may include restaurants, local retail, medical
offices, banks and other retail and services.
The proposed development conforms with
the Future Land Use Plan for the
commercial designation. or corridors,
such as Sam Rayburn Highway and Farm -to -Market 2862, are the most suitable locations
for commercial uses due to the high visibility of passing traffic.
Adequacy of Public Facilities —The City does not currently service water nor sewer in
this area. The property is served by the North Collin Special Utility District and will require
an on -site sewage facility (septic).
The applicant is requesting to rezone the property in order to allow for a department store.
The request is in conformance with elements of the City of Anna Strategic Plan and the
Future Land Use Plan of the Comprehensive Plan by expanding the commercial tax base.
The city's Planning & Development Regulations are in place to minimize impact to the
existing adjacent residences. For these reasons, staff is in support of the requested
rezoning from SF-E to C-2.
RECOMMENDATION:
Recommended for approval as submitted.
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