Loading...
HomeMy WebLinkAboutOrd 950-2021 Rezoning Property at Ferguson-White Addition Blk A, Lot 1CITY OF ANIMA, TEXAS (Property rezoned under this ordinance is generally located at the southwest corner of W. White Street and S. Ferguson Parkway) ORDINANCE NO. �1ga aQ I AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S 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 request to amend zoning and development regulations in Ordinance No. 821-2019 from Lamar National Bank on Property described in Exhibit A and Exhibit B ("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 W. White Street and S Ferguson Parkway is requested to re-establish a Planned Development Standard associated with Ordinance No. 821-2019 that allowed for a reduced front yard setback along W. White Street from 50 feet to 20 feet; 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 and Ordinance No. 821-2019 are hereby amended as follows (additions are underlined; deletions are ): 1.01 Permitted Uses 1 A Building or premise in this PD shall be used only for the uses as listed in Appendix 2 of Zoning Ordinance of C-1 (Restricted Commercial) Part of the Code (Ord. No. 654-2014, adopted 4/22/2014) 1.02 Height and Area Regulations • • •. •• • 1 • • •• •• Fm . . ATMI M• • • (b) No side yard setback is required between adjacent non -residentially zones. (c) Driveway entries and exits on the same tract shall be separated by at least 100 feet. 1.03 Masonry Regulations Except as otherwise authorized in this section, the exterior walls (excluding doors, door frames, windows, and window frames) of buildings in this District shall use only stone, brick, and/or spilt face concrete masonry units (CMU). Any use of EIFS for architectural accent shall be done 15 feet from the floor elevation. The use of other high -quality materials for building trim, architectural decoration, and other design elements shall not be precluded; however, they are subject to approval by the Director of Planning & Development and should contribute to the overall design concept. 1.04 Permitted Accessory Uses Accessory uses customarily appurtenant to a permitted Use, and Accessory Uses as permitted in the Schedule of Uses as per C-1 (Restricted Commercial) District, 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 2 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 14th day of December, 2021. ATTESTED: APPROVED: all 10140 arrie L. Land, City Secretary = =Nate Pike, Mayor 3 Exhibit "A" BEGINNING at the North West corner of Joseph Schluter Survey, Abstract No. 856 an addition to the City of Anna, Collin County, Texas, also being in the existing right -of --way line of FM Highway 455 of said Lot, "THENCE along the South and Easterly line of said FM Highway 455, the following courses and distances: South 89 deg 01 min 35 sec East, along East line, at a distance of 249.24 feet to the North East corner of the lot; South 01 deg, 39 min 01 sec East, along Ferguson Parkway, at a distance of 183.39 feet to a point; North 89 deg, 01 min 35 sec Wesf, at a distance of 60.63 feet to a point; North 01 deg 20 min 28 sec West, at a distance of 4.89 feet to a point; South 88 deg 39 min 32 sec West, at a distance of 188.81 feet to a point; THENCE, North 01 deg 32 min 11 sec West, at a distance of 186.15 feet to the POINT OF BEGINNING". CONTAINING within these metes and bounds 45,496 square feet or 1.04 acres of land approximately. "*' sa'NMY IS COr42E!(fl]E0M IIdLM@I151>a-ltl0ioi5113e01�1�SIL 09tsl XL'ERNd'133tllS 3TYASMiMJ00sL � wtll)ro 4oul'1S3 pay aetnav-alx�dar HN3B 3 B33Y D3-_-._. 9wLnm azsrllavroasvu ���� NOIL7(INWiSWO1Shb'J NO)1Q4-13S SS3E!'JOlk 1JJNd � 5f/633 Y XM� 'ram ow s l g �aa g3"b 020 Mzz . o.om8 $q s; $a O3 ON 6 0� ` ©� © El it _ A h 1JJTfd i 19f/600Z YWlY $ � y� 3 � I z ID 9 ee § L 3 "s a 5 Ywi3 � Bede 8 � 4 Wb F ; Rz 2 3w m a €i aN O®� NOt1V007 31ViYlX02IddV 3Nn 2731VM „ Zt j0 N0I1V007 3iMIXONddV JaaJ, - — 49 padwo;S doj t pablm punoj poa uoll I,Zlt 6LZ0f899-96,*N01 I05£9trtr£•ff oolVI t 6'LOL:Z 0968"Z99899Z3 0L90•L991L tL=N saJne lzr/izaz �� iKOdD1RaJ 3t%At Ab31Y lYHid Y xww NI l0i L`— o �m o0 a+� ooLL 3 /Z5 ,I of I` L 3aRYa 30f`tT'b'i! �cs H,G — H i •I � ono x l I i6 1D6s120831gHd D.iN[d¢X15Ple'd 31HD3itlDS0U6:55311mY W Vi g4vA D3nD���S N pa NNIYB 3.l(IZ06B S N N 0 N N O Q W U Z w <� Z p� Da 0LY2¢ �w01 wMM0 a 16 am Wok QU UU 9 Q>aU z �I (a3tlYN+N1) L70 d0 ozore>Iwruo-lzaz 'Dv isvr �Y Ba9 a3iiYJ d0 IbYd 1✓.HB Tfit]LHL b"YMI }aaj -bS L06ML6 sffuoV 9a�a V x0078 z LL07 D3nJYPS : 6 m »oiailosrr�vm�aol 0itm z m5 u wow �� IblNI�7 0W 00 30� 1 1 OFZ E4 2 /� b W I Aq 2c L �vn��o Coa n ryp0 �JO V LV I I c I35Tfb VLY1 "77mf h00 1 I .Y � a�'Ja-d lr6rs 53IYa9 YOTM lM1O --- --- B )009 'tl IOt I I "O Yd Ptl klrfW 3 S3 VM M07i0N .HO B naw t IOi I (ami%i) ''1 0zyd itt>/f ' , itHld ^f� 6Y w'4 Jai 1 \ yY 99Z0 Q3TNJ JKLI$Y3 3R41}Ya A+e,rna I Awls a�s wIBL; AU 9C"6K 10.69 .L( 998.LS3.LIHiN) .0 �6fr Ss'F "ON:(V,MfIJIII,L7J!?I NLY Ol.1VLH.l 9N 17yae asa/9loz FNICVT' 99> YliW Y nOw '1 101 1'J]Yd�ftL!%f60f 63tY)53 M1N)f1 .1)9 todurw) aJJxd stli/rws svrasv Mo oz1 7 nOw Y 10 ------8 1''0 Njd klti/ j �F60i 3 salnsa MorAq xw a zov LL� 0 (autY+d) 1'J'J]fd iltYR609 35HN 93 T a 1 7 a xJov•s o '----- (fAllYM) ¢'JJa'd >Ilifrus 95Y18 5311L£3 IT 1 now IT B D7 (Q3LLYId) m� aJOb'd >tl>/t'605 (Zl lu t 359)N 0 S3lYl9 MDT1tMl MU _ a now Y aDl ON (muva) .oux-d >tls/ccos I rJa��ll�i/r6D� , 9srva ivru-a Ma1xY1 rH e now 'I aoz yo rv� �vn =+ atn lZBt o a � m z 098 OLZ �999*ON 1JVHISGV A3AdnS N1JJnG 16! CITY OF ANNA PLANNING & ZONING COMMISSION November 1, 2021 Public Hearing: Amend Ordinance No. 821-2019 Applicant: Lamar National Bank /Greg Wilson, President &CEO DESCRIPTION: Request to re-establish a Planned Development Standard associated with Ordinance No. 821-2019 that allowed for a reduced front yard setback along W. White Street from 50 feet to 20 feet. The zoning associated with Ordinance No 821-2019 was established as part of a development request for a Bank at the southwest corner of W. White Street and Ferguson Parkway on June 30, 2021. Within this ordinance is a Planned Development Standard that allowed for a reduced front yard setback from 50 feet to 20 feet. When the initial zoning was being considered by the Planning and Zoning Commission they recommended a timeframe be placed on the front yard setback variation request. When the zoning was ultimately approved by City Council the deadline was set to June 012021 "Front yard setbacks shall be a minimum of 20 feet. If construction is not completed on or before June 30, 2021, the front yard setback shall revert back to 50 feet." When the zoning was established in 2019, the development of the property was proposed as a Bank (Chase Bank). The current development proposal for the property is also a bank (Lamar National Bank). As shown in the following images, the location of the proposed building along W. White Street is in general conformance with the previously approved concept plan submitted as part of the original 2019 zoning. AGENDA ITEM -AMEND ORDINANCE NO. 821-2019 PAGE 2 OF 3 SUMMARY: The applicant is requesting to re-establish zoning that allowed for a reduced front yard setback along W. White Street from 50 feet to 20 feet. The proposed use for the property has not changed and the applicant is not requesting any additional amendments to the zoning. Additionally, as part of the zoning request the applicant has submitted a Site Plan and Final Plat development application associated with construction of the bank site. For these reasons, staff is in support of the zoning request. RECOMMENDATION: Recommended for approval. AGENDA ITEM -AMEND ORDINANCE NO. 821-2019 PAGE 3 OF 3 THE CITY OF manna In favor of request "6K Evo I.i; Neutral to request Opposed to request l By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. t lac V ILf Name (Please Print) Signature I0 t Lf(zg � i Address of tone;L6 Date USPS Mail: City of Anna Planning and Development Department P.O. Box 776 Anna, TX 75409 Hand Delivery: Planning and Development Department Public Works Building 3223 N. Powell Parkway Anna, TX 75409 Or by e-mail to LMECKECcilannatexas.gov Subject: Zoning Response Ferguson-I•]hite Addn, BL A, Lt 1 11/O1/2021