The URL can be used to link to this page

Home My WebLink AboutOrd 1031-2023-01 Specific Use Permit- Shadowbend Atmos Energy TapCITY OF ANNA, TEXAS (Shadowbend Atmos Energy Tap) ORDINANCE NO. iO3i- 20�L3 -o1 AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND APPROVING A SPECIFIC USE PERMIT ON 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 specific use permit from E. Taylor Armstrong Jr. / Anna Texas Land, LTD. on Property described in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property was zoned Planned Development (Ordinance No. 285-2006); 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 Zoning Ordinance of the City of Anna, Texas, is amended by approving a Specific Use Permit on the tract described in Exhibit 1, attached hereto and made an integral part of this ordinance, and approving the Specific Use Permit in the Planned Development zoning district to allow the use of gas metering station as depicted in the Site Plan on the attached Exhibit 2. 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. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter 3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of this ordinance. 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 24th day of January 2023. ATTESTED: * OVED: CITY OF Carrie L. Land, City Secretary a ke, Mayor 1913 THE CITY OF N Anna ® Subject duty Limits y Property r • '. ETl 0 200' Notice Boundary Un 0 100 200 400 Feet December 2022 rewa mi.m any i raim an EXHIBIT 1 BEING a tract of land situated in the S.E. Roberts Survey, Abstract Number 786, Collin County, Texas, and being part of the remainder of that called 206.86 acre tract of land described in instrument to Anna Texas Land, LTD recorded in Document Number 20140718000750570 of the Official Public Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at 1/2-inch iron rod found for the southeast corner of that called 84 acre tract of land described in instrument to Young Kim and Tim Mueller recorded in Document No. 20170608000747130 of said Official Public Records, on the east line of said Anna Texas Land tract, on the west line of that called 138.790 acre tract of land described in instrument to LGI Homes — Texas, LLC tract recorded in Document No. 20190820001009780 of said Official Public Record, and on the east line of County Road 369 (no deed of record found), and from said point a 1/2-inch found iron rod with yellow cap for the southeast corner of said Anna Texas Land tract and the southeast corner of said S.E. Roberts Survey on the north right-of-way line of Rosamond Parkway (a variable width right-of-way) as shown on the plat of ANNA HIGH SCHOOL 41 ADDITION, an addition to the City of Anna, Collin County, Texas, as recorded in Volume 2011, Page 176 of said Official Public Records bears South 01°29'28" West 679.31 feet; THENCE North 88*29' 17" West, with the south line of said called 84 acre tract, a distance of 45.00 feet to a point in the east line of a 50-foot wide Crosstex North Texas Pipeline, LP, Natural Gas Pipeline Easement as recorded in Document Number 20070124000108340 of said Official Public Records for the POINT OF BEGINNING; THENCE over and across said Anna Texas Land tract through the following courses and distances South 01'29'28" West, departing said south line, with the east line of said easement, a distance of 84.98 feet to a point for comer; North 88°30'32" West, a distance of 50.00 feet to a point for comer on the west line of said easement; North 01°29'28" East, with said west line, a distance of 85.00 feet to a point for comer on the south line of said 84 acre tract; South 88'29' 17" East, with the said south line, a distance of 50.00 feet to the POINT OF BEGINNING and CONTAINING 0.0976 of an acre (4,250 square feet) of land, more or less. An exhibit of equal date accompanies this metes and bounds description. Bearing cited herein are based on the south line of that called 138.790 acre tract of land described in instrument to LGI Homes — Texas, LLC recorded in Document Number 20190820001009780 of the Official Public Records of Collin County, Texas. Jorge Fernandez Registered Professional Land Surveyor Texas Number 6077 Dated: April 15, 2021 Revised: July 11, 2022 Revised: August 03, 2022 Revised: September 12, 2022 MCKIM & CREED, INC. 4275 Kellway Circle, Suite 144 Addison, Texas 75001 Tel: 817.484.5695 TBPELS FIRM # 10177602 Pagel of 2 EXHIBIT 1 BEING a tract of land situated in the S.E. Roberts Survey, Abstract Number 786, Collin County, Texas, and being part of the remainder of that called 206.86 acre tract of land described in instrument to Anna Texas Land, LTD as recorded in Document Number 20140718000750570 of the Official Public Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a 1/2-inch found iron rod with yellow cap for the southeast corner of said Anna Texas Land tract and the southeast comer of said S.E. Roberts Survey on the north right-of-way line of Rosamond Parkway (a variable width right-of-way) as shown on the plat ofANNA HIGH SCHOOL 41 ADDITION, an addition to the City of Anna, Collin County, Texas, as recorded in Volume 2011, Page 176 of said Official Public Records, on the west line of that called 138.790 acre tract of land described in instrument to LGI Homes — Texas, LLC tract recorded in Document No. 20190820001009780 of said Official Public Record being the west line of County Road 369 (no deed of record found); THENCE North 89°09'23" West, with the common south line of said Anna Texas Land tract, the south line of said S.E. Roberts Survey, and said north right-of-way line, a distance of 15.00 feet to point for corner; THENCE over and across said Anna Texas Land tract through the following courses and distances: North 01 °29'28" East, departing said common line, a distance of 664.48 feet to a point for corner; North 88°29' 17" West, a distance of 30.00 feet to a point for corner on the east line of a 50-foot wide Crosstex North Texas Pipeline, LP, Natural Gas Pipeline Easement as recorded in Document Number 20070124000108340 of said Official Public Records; North 01 °29'28" East, with the east line of said easement, a distance of 15.00 feet to a point for corner in the line common to the northerly line of said Anna Texas Land Tract and the south line of a called 84 Acre tract described to Young Kim and Tim Mueller by Instrument recorded in Document No. 20170608000747130, said Official Public Records; Thence South 88°29'17" East, along said common line, a distance of45.00 feet to a 1/2-inch iron rod found for the common east corner of said ANNA Texas Land tract and said called 84 acre tract; Thence South 01°29'28" West, with said east line, a distance of 679.31 feet to the POINT OF BEGINNING and CONTAINING 0.2443 of an acre (10,641 square feet) of land, more or less. An exhibit of equal date accompanies this metes and bounds description. Bearing cited herein are based on the south line of that called 138.790 acre tract of land described in instrument to LGI Homes — Texas, LLC recorded in Document Number 20190820001009780 of the Official Public Records of Collin County, Texas. Jorge Fernandez Registered Professional Land Surveyor Texas Number 6077 Dated: April 15, 2021 Revised: July 11, 2022 Revised: August 03, 2022 Revised: August 24, 2022 MCKIM & CREED, INC. 4275 Kellway Circle, Suite 144 Addison, Texas 75001 Tel: 817.484.5695 TBPELS FIRM # 10177602 Page 2 of 2 g r; \t r\I ((rw ]BBSEflOB TS SV �� iJ\/ A9 y� d }j . FIf. RNE/p S CYTO9NM.NE4G1VKI.INwR I L( , A r 4/ NMILoAnT. L]pN.fifiaM5e9lp.1MmELOLa5EA0 a/"•t l4 .`i /\ � NIfsw' S{ /r fw/.�N /.rlrlI II \ V r y $0 .Y /a/I"F{( / / IlI�\ 1W � y Of rt ! s i I � JN VICINITY MAP fI `/ /i•l I I u jy/../' �'� I SCPIE N.T.S. ly fl'J M m. p / I / C sai O Imo°.) IJt—s �/\ \/ s. 1—\� In`II. 7 -,a > t r SITE DATA SUMMARY TABLE G h? ..•No°wl.•i3f� LEGEND / I I r"" roe ORPDPmtER'. mWeaFQ��"w10 m�nL/ ( ' ..+��...r EM0VUAGPx �1N tl CwZ J!l �p0T�30RE0x62�6]�T1 FDFArnOAERS EFO — ] J0 �`/l�(' LGI HOMESTEXS LLC N1\erSfmrTN 108Ce0Wo00r5]05 l,\ ' f� ATr/e.'I�II y J r " - EXISTING ZONING: PO-C ®® II� am J' —V\Qm \� S5yg}�N$%4p3Lu}Yk.�yyi,gr+ ti 1�A/ 1.]i—.L � i.. MIMI9'OML MSTCESMPUCEpPRSEDAD5HA 'p / j )V / Yl ( APVrCpiIxRaE VJMP�V VIN5T1TNOM M LMcEuwp MT—. xG'.AT il �_^ / /I n`Jal\'Ir ////i I N91A5UOiLTD , /f`l y" A0N•�P / PR.MEREE°OXOiIXISW1NT[OISiVRS[ppFiMSSE !_//— Iu1,tl0C®4 _,f�o\'.` ' \0I/ ./r �J{\ / /l)i (,• rry RAILLO i BLOCKS \/ LOT1X \ 'S5 WSJEsil£AeVa]Fe N LO 01=F J/ J T31C` 1.INC. p.COVNIEXASF ASA EeERGFHCVMAfEW.FEW141R4uw6EAww ZTNMIPAOmS / oJRmdfN•pW�jM..rEAnrC.NNrrNOfrx t0�/\ C ..u..X /�✓l C a\ ..'-R ./J_EJ— • ` Z� GO_______ _____________ -=J a8mo _ __________________ _50]50L1` . SITE ------- - ROSAMOND ------ --- SHAOW MOSGN TAP ACP �^V= ./I (VARIABLE WDTH RIGHT-0F*AY) THE RESMASINTEAOO e/f IN '- JSSHOWN ON VOLUME 2011, FAGE 176 A TRACT TO/ANNXTIXASU D. O (r(F/\l /l SUNVEI'ASST NI 7W( £EROBERTS EVEXICD A£P \ PREPARED CECIEMBEP>1H.]0Y[ O Q'+l L -' - EXHIBIT 2 ®NEEA�m OWEfl �••�� SHEET: SPEI RECEIVED 1212212022 PLANNING DEPT. CITYOFANNA A0066 Adftkk ■ Aff AW I. ■ `V/V 1t, GAS PIPELINE December 22, 2022 City of Anna Department of Public Works 3223 North Powell Parkway Anna, TX 75409 EXHIBIT B Pg. 1 of 4 Re: Memorandum of Understandingfor safety concerns related to the Shadowbend Surface Site MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU"), dated December 22, 2022, was prepared to address the safety concerns regarding the construction and installation of the natural gas metering and regulation station ("Surface Site") designated on the Anna Texas Land, LTD property ("Property") located within the City of Anna. This Surface Site will serve the Shadowbend development, a residential community, with anticipation to serve future residential and commercial communities within the City of Anna and surrounding areas. An example of a Surface Site is attached as Exhibit A as reference. The concerns presented are addressed as follows: Stored Chemical(s) on Surface Site. Mercaptan will be the only chemical stored on the Surface Site inside an approximate five foot (+/- 5' ) cylindrical steel container. Natural Gas is odorless, however, Mercaptan is added in small traces to give the natural gas its distinctive smell. The odor is used an indicator of gas exposure or a potential leak to those in close proximity. The addition of this odorant is required by federal regulations for natural gas distribution lines and can be referenced in 49 CFR § 192.625. Odor Emissions from Surface Site. Typically, the Surface Site does not release a noticeable odor. In the rare event an over pressurization within our distribution system occurs, a relief valve could go off temporarily releasing some natural gas into the atmosphere as a safety feature. This is not a normal occurrence, and our stations are designed to minimize the chances of this happening. Noise Emissions from Surface Site. The sound levels released from the Surface Site will range from 20-75 dB. During the summer, when natural gas demand is low, 20dB is expected to radiate from the Surface Site which has a comparable noise level of a whisper. During the winter, when natural gas demand is at its peak, 75bB is expected to radiate from the Surface Site, which has a comparable noise level of a washing machine. If you have any further questions, please do not hesitate to ask. [signature page to follow] RECEIVED 12122/2022 B PLANNING DEPT. EXHIBIT Pgof 4 CITY OF ANNA u w w ■ Ar A* •..vVR, GAS PIPELINE Regards, HOOKS GAS PIPELINE, LLC, a Texas limited liability company By: CENTRIC INFRASTRUCTURE GROUP, LLC, a Delaware limited liability company Its: Manager, Richard Bard Vice President of Engineering i i � '_ `i --�--,<u�s� r _ �: i' ;� 11 r EXHIBIT B Pg.4 of 4 RECEIVED 12122/2022 PLANNING DEPT. CITY OF ANNA uww■Aff••► •..vVRJ GAS PIPELINE Figure 3: Crushed Gravel & Swing Gate