HomeMy WebLinkAboutOrd 1055-2023-06 Rezoning Property at The Shops at Avery PointeCITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the north side of W. White
Street, 635± feet east of Ferguson Parkway)
ORDINANCE NO. 10 5 5 - 26 23- o(p
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 1
("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located on the north side of W. White Street, 635± feet east
of Ferguson Parkway being rezoned from Planned Development (Ord. No. 709-2015), SF-E
Single -Family Residential — Large Lot, & Planned Development (Ord. No. 673-2014) to C-1
Restricted Commercial (C-1) 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 1 from Planned Development (Ord. No. 709-2015), SF-E Single -Family
Residential — Large Lot, & Planned Development (Ord. No. 673-2014) to C-1 Restricted
Commercial (C-1) zoning.
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.
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 27th day of June 2023.
ATTESTED:
Carrie L. Land,
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Nate Pike, Mayor
Zoning -The Shops at Avery Pointe
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White Street (FM 455)
2.402 Acres Situated in the F.T. Duggau Survey
Abstract No. 288
City of Anna, Collin County, Texas
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irkman
N G I N E E R I N G
BEING a tract situated in the F.T. Duggau survey, abstract number 288, City of Anna, Collin County, Texas,
being all of Tract 1, 2, and 3, described in the deed to NOVUS NOT REALTY, LLC, recorded in document
number 2022000122529, Official Public Records Collin County, Texas, inclusive of part of Lot CA-67, Block
U, Avery Pointe, Phase 1, recorded in document number 2016-454, Plat Records Collin County, Texas, the
subject tract being more particularly described as follows (bearings are based on the State Plane
Coordinate System, Texas North Central zone, North American Datum of 1983):
BEGINNING at a 1/2 inch rebar found in the south line of said Lot CA-67, from which a 1/2 inch rebar
with illegible cap found at its southeast corner bears SOUTH 87 degrees 23 minutes 03 seconds EAST,
128.96 feet, lying in the north right-of-way of White Street (FM 455):
THENCE with said north right-of-way, NORTH 87 degrees 23 minutes 03 seconds WEST, a distance of
523.67 feet to a point in the east line of Lot 1, Block 1, Summer Hill Addition, recorded in document
number 2011-22, of said Plat Records, from which a 5/8 inch rebar found at its southeast corner bears
SOUTH 03 degrees EAST, 0.59 feet;
THENCE with the east line of said Lot 1, NORTH 01 degree 16 minutes 04 seconds EAST, a distance of
216.01 feet to its northeast corner, from which an "X" cut found on wall bears NORTH 10 degrees WEST,
0.48 feet;
THENCE with the north line of said Tract 1 and 2, SOUTH 88 degrees 43 minutes 59 seconds EAST, a
distance of 411.75 feet to a 1/2 inch rebar with cap stamped "BARTON CHAPA" set;
THENCE through the interior of said Lot CA-67, SOUTH 01 degree 16 minutes 01 second WEST, a distance
of 40.02 feet to a 1/2 inch rebar found at the beginning of a tangent curve to the left, having a radius of
75.00 feet, a central angle of 90 degrees 09 minutes 59 seconds EAST, and a chord bearing and distance
of SOUTH 43 degrees 48 minutes 54 seconds EAST, 106.22 feet;
THENCE along the arc of said curve, an arc distance of 118.03 feet to a 1/2 inch rebar found;
THENCE through the interior of said Lot CA-67, SOUTH 88 degrees 53 minutes 48 seconds EAST, a
distance of 36.23 feet to a 1/2 inch rebar found;
THENCE through the interior of said Lot CA-67, SOUTH 01 degree 06 minutes 12 seconds WEST, a
distance of 113.42 feet, returning to the POINT OF BEGINNING and enclosing 2.402 acres (104,648
square feet) of land, more or less.
(John H. Barton III, RPLS #6737)
For Kirkman Engineering I Barton Chapa Surveying
5200 State Highway 121, Colleyville, TX 76034
(817) 864-1957 1 TBPELS Firm# 10194474
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CITY OF ANNA
City Council
June 27, 2023
Zoning & Concept Plan: The Shops at Avery Pointe, Block A, Lot 1
Applicant: Novus NDT Realty LLC
DESCRIPTION:
Conduct a Public Hearing/Consider/Discuss/Action on an Ordinance to rezone 2.4t acres located
on the north side of W. White Street, 635t feet east of Ferguson Parkway from Planned
Development (Ord. No. 709-2015), SF-E Single -Family Residential — Large Lot, & Planned
Development (Ord. No. 673-2014) to C-1 Restricted Commercial to allow for an office, retail, and
restaurant development.
REMARKS:
The applicant is requesting to rezone the property to the Restricted Commercial(C-1) zoning
district to allow for commercial development.
The intent of the C-1 zoning district is to accommodate the shopping needs of residents in
adjacent residential areas.
A concept plan, The Shops at Avery Pointe, Block A, Lot 1, accompanies this request.
Surrounding Land Use and Zoning
North
Avery Pointe, Phase 2 residential development, zoned Planned Development (Ord.
No. 673-2014
East
Avery Pointe, Phase 2 residential pond & open space area, zoned Planned
Development Ord. No. 673-2014
South
Across W. White Street, retail & restaurant, zoned C-2 & Planned Development (Ord.
No. 320-2007
West
Retail, zoned Planned Development Ord. No. 179-2005 & Ord. No. 226-2005
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 zoning conforms with the Anna 2050 Future Land Use Plan.
SUMMARY:
The applicant is requesting to rezone the property to the C-1 zoning district to allow for commercial
development. The request is in conformance with the Anna 2050 Future Land Use Plan.
At the Monday, June 5, 2023, Planning & Zoning Commission meeting, the Commission voted
unanimously to recommend approval of the zoning request.
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