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HomeMy WebLinkAboutOrd 1065-2023-07 Rezoning Property at J.A. Greer Addn, Blk A, Lot 1CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the north side of Hackberry Drive, 320t feet east of N. Powell Parkway) ORDINANCE NO. _i 0 (0 5 - 20. 3 - 0+ 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 Hackberry Drive, 320t feet east of N. Powell Parkway being rezoned from SF-1 Single -Family Residential (SF-1) 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 SF-1 Single -Family Residential (SF-1) 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 25th day of July, 2023. 2 Zoning - J.A. Greer Addition, Block A, Lot 1Lag , M 1 r- �s b V '] ��� THE CITY OF N _�. .� � . �• _� _ � _ � inn � a �I 9bject Oty Limits prowty r a C en teayS CD as Ev g 0 100 200 400 Feet . , .•� : 't. - '. June 2023 II\NoIOU MiMiMMuINollr.lroii l•4iN:' SITUATED in the City of Anna, Collin County, Texas, in the Henry Brantley survey, abstract no. 71, being a survey of the 16,100 square feet of land described in a deed from Thelma Coffey to Joe A. Greer and wife, Geraldine Greer, dated December 23, 1974, recorded in volume 943, page 273 of the deed records of Collin County, Texas; being described by metes and bounds as follows: BEGINNING at a 1/2-inch iron pin found at the northeast corner of said 16,100 square foot tract and the northwest corner of the 0.4029 acre tract recorded in volume 4851, page 575; same being in the south line of the 0.5795 acre tract recorded as clerk's file no. 20110713000728470; THENCE South 01°50'37" West, with the east line of said 16,100 square foot tract, 228.98 feet to a 3/4-inch iron pin set at the southeast corner of said 16,100 square foot tract and in the north right-of-way line of Hackberry Drive; THENCE North 88*05'15" West, with the south line of said 16,100 square foot tract and the north right-of-way line of said Hackberry Drive, 70.28 feet to a 3/4-inch iron pin set at the southwest corner of said 16,10 square foot tract; THENCE North 02"5652" East, with the west line of said 16,100 square foot tract, 230.55 feet to a 3/4-inch iron pin set at the northwest corner of said 16,100 square foot tract and the southwest corner of said 0.5795 acre tract; THENCE South 86°45'02" East, with the north line of said 16,10 square foot tract and the south line of said 0.5795 acre tract, 65.86 feet to the PLACE OF BEGINNING and containing 0.359 acre or 15,638 square feet(as calculated). CITY OF ANNA Planning & Zoning Commission July 6, 2023 Public Hearing: Zoning — J.A. Greer Addition, Block A, Lot 1 Applicant: Joe A. Greer, Jr. DESCRIPTION: Request to rezone 0.4± acre located on the north side of Hackberry Drive, 320t feet east of N. Powell Parkway from SF-1 Single -Family Residential to C-1 Restricted Commercial to allow for a proposed general office use. REMARKS: The applicant is requesting to rezone the property to the Restricted Commercial (C-1) zoning district to allow for general office use. The intent of the C-1 zoning district is to accommodate the shopping needs of residents in adjacent residential areas and where service establishments deal directly with customers. A Site Plan, J.A. Greer Addition, Block A, Lot 1, accompanies this request (Exhibit A). Surrounding Land Use and Zoning North Single-family dwelling, detached lot zoned SF-1 Single -Family Residential District East Single-family dwelling, detached lot zoned SF-1 Single -Family Residential District South Single-family dwelling, detached lot zoned SF-1 Single -Family Residential District West Vacant lot zoned SF-1 Single -Family Residential District Future Land Use Plan — The subject property is located within the Anna 2050 Downtown Master Plan, situated within the Downtown Neighborhood District, and identified as an Intown Residential character area. To the immediate west and south of the subject property is the Downtown Core District and areas identified as Adaptive Reuse / Infill character areas. • lntown Residential areas remain essential in maintaining and elevating the quality of each neighborhood. These areas can provide the critical residential base necessary to support the businesses envisioned for Downtown. Adaptive Reuse/Infill areas encourage home conversion to small businesses or be redeveloped with new building types. While there may be some new development on these sites, they are not expected to be aggregated with other sites for redevelopment purposes. The applicant is looking to use the existing home, which dates back to the 1800's, as a general office type use which would serve as a quieter commercial use and serve as a transition from the Downtown Core area to the Downtown Neighborhood Area. SUMMARY: The Future Land Use Plan and Downtown Master Plan should not be viewed as a parcel -based map. The proposed zoning request involves the conversion of a former home to a small business which is in alignment of the Adaptive Reuse/Infill designation. PAGE 2OF2 1TTT 1.1 AREA PLAN N�f��i %'N OiMrt�A �C4 I -�_ ylp� s 2Q saDt s7�evquelraplftTtO y bik2CA'.VWI rowarsverrtwraTsaars !^ 2 LANDSCAPE PLAN T HACKBERRY DRIVE PLANT SCHEDULE r1Asr runot aciawn= IssAco No. / rcmimr oox 00001000THOFFVMAWTAPMTO awc a Mv�s oorAerAwsua w� srAas eri s COMALTiMnrcustxam ttWMWdOrMWA wLsrteMMMU2w�sovrlq� M& 0[ C OaT0T KIfMRS CVMaR0aa0sTMan.tsvtiNloua�TtrsCJu6r ' AuwvwtxuoassaltotuAe wesacgmIM suswsoe . n fi' bikrCAsvkH 1 SITE PLAN HACKBERRY DRIVE t2n.w4 W4/rot5 ITEM TOTAL a sit w.0 ar iaw o1 6a•a" xoA— soar "m M tun U $KUM - --� momm to so s +� tr oAtcQ a ----- aaw u Sao "MA>m O w a8 � i rc WA --- MKMO �i>< .o w Aran wxm • EXHIBIT A SITE PLAN J. A. GREER ADDITION LOT 1. BLOCK A w. A= to to asset mumnn swam. Atsmwr sa 71. Carr a uaA, Cog= Comm, tan xotoosa 1T. asmt021 1 sr-1 anuL lot ,uewtaaoensrltect Art�Tntcsn.ac. Aa�iosc�ol �� cncYPO�isaasl��v �wr-- D2.