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HomeMy WebLinkAboutOrd 1069-2023-08 Rezoning Property at 211 N. RigginsCITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located at the southwest corner of W. Second Street and N. Riggins Street) ORDINANCE NO. 10 (A — 90 P 3 - 4'8 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 at the southwest corner of W. Second Street and N. Riggins Street being rezoned from SF-1 Single -Family Residential (SF-1) to Downtown (DT) District 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 Downtown (DT) District 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 22nd day of August, 2023 A S k• K iy 4: a Zoning - 211 N. Riggins it ai iC K� s THE CITY OF N Anna ® Subject I—' Gty limits Property r ETI O 200. Notice - — Boundary 0 62.5 125 250 Feet July 2023 EXHIBIT 1 LEGAL DESCRIPTION SITUATED in the City of Anna, in the Henry Brantley Survey, Abstract No. 71 of Collin County, Texas and being all of Lots 3, 4 and 5, Block 6 of the Original Donation to the City of Anna, Texas as recorded in Volume 21, Page 368, Plat Records, Collin County, Texas (P.R.C.C.T.) as described in a deed to 7`s Day Investments, LLC, recorded in Document No. 2022000098481, Deed Records, Collin County, Texas (D.R.C.C.T.) and also including a strip of a public alley and a strip of a public street right-of-way and being more particularly described by metes & bounds as follows: BEGINNING at a 1/2 inch iron rod, topped with a yellow plastic cap, stamped "RPLS 5686", found on the west right-of-way of N. Riggins Street for the southeast comer of the above described Lot 3, Block 6 and same being the northeast comer of Lot 2, Block 6 as described in a deed to Diane Kuykendall Durfee, recorded in Volume 4599, Page 2314, D.R.C.C.T.; THENCE: North 89 deg. 10 min. 42 sec. West, departing from said N. Riggins Street, along the common line of said Lots 2 and 3, Block 6, at a distance of 115.00 feet, passing a 1/2 inch iron rod, topped with a yellow plastic cap, stamped "RPLS 5686", found for the southwest corner of said Lot 3 and the northwest comer of said Lot 2, on the east line of a 20 foot wide public alley and continuing across said alley for a total distance of 125.00 feet to a 1/2 inch iron rod, topped with a red plastic cap, stamped "RPLS 4701", set in the center of said alley for the southwest corner of this hereinafter described tract of land; THENCE: North 00 deg. 49 min. 18 sec. East, along the center of said alley, at a distance of 150.00 feet, passing the centerline intersection of said alley with the south right-of-way line of W. Second Street (a monumented 80' wide right-of-way) from which a 1/2 inch iron rod, topped with a yellow plastic cap, stamped "RPLS 5686", found at the northwest corner of the above described Lot 5, Block 6 bears South 89 deg. 10 min. 42 sec. East, 10.00 feet, continuing into said W. Second Street right-of-way for a total distance of 160.00 feet to a 1/2 inch iron rod, topped with a red plastic cap, stamped "RPLS 4701", set for the northwest corner of this tract of land; THENCE: South 89 deg. 10 min. 42 sec. East, along the new south right-of-way line of said W. Second Street, 10 feet north of and parallel with the north line of said Lot 5, Block 6, a distance of 125.00 feet to a mag nail with a steel washer, stamped "RPLS 4701" set in concrete on the west right-of-way line of the above described N. Riggins Street for the northeast comer of this tract of land; THENCE: South 00 deg. 49 min. 18 sec. West, along the west right-of-way line of said N. Riggins Street, at a distance of 10.00 feet passing a 1/2 inch iron rod, topped with a yellow plastic cap, stamped "RPLS 5686", found for the northeast comer of said Lot 5, Block 6 and continuing along the west line of said N. Riggins Street and the east line of said Lots 5, 4 and 3, Block 6 for a total distance of 160.00 feet to the POINT OF BEGINNING and containing 20,000 square feet or 0.459 acres of land. CITY OF ANNA Planning & Zoning Commission August 7, 2023 Public Hearing: Zoning — 211 N. Riggins Street Applicant: 7th Day Investments LLC — William Tyler DESCRIPTION: Request to rezone 0.5± acre located at the southwest corner of W. Second Street and N. Riggins Street from SF-1 Single -Family Residential to Downtown (DT) District to allow for a future Heath Club development. REMARKS: The applicant is requesting to rezone the property to the Downtown (DT) zoning district to allow for commercial development within the Core (CE) zone. The intent of the DT zoning district is to enhance the significance of the City's authentic core to residents, tourists, and visitors and serve as a support and stimulus to business and industry and to create an attractive and functional downtown as envisioned in the Anna 2050 Downtown Master Plan. Surrounding Land Use and Zoning North Vacant lot, zone SF-1 Single -Family Residential East Dallas Area Rapid Transit ROW and railroad, zoned SF-1 Single -Family Residential South Single-family, detached dwelling, zoned SF-1 Single -Family Residential West 1 Religious facility, zoned SF-1 Single -Family Residential Future Land Use Plan — The subject property is located within the Downtown Core zone as defined by the Anna 2050 Downtown Master Plan and identified as Adaptive Reuse/lnfill. The Anna 2050 Downtown Master Plan suggests that future land use decisions for Adaptive Reuse/lnfill development should accommodate the existing neighborhood fabric, while encouraging a transition to a more active environment and a more diverse building stock. The proposed zoning conforms with the Anna 2050 Future Land Use Plan. SUMMARY: The applicant is requesting to rezone the property to the DT zoning district to allow for commercial development. The request is in conformance with the Anna 2050 Future Land Use Plan.