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HomeMy WebLinkAboutOrd 701-2015 Rezoning Property at Sam Rayburn & CR 507/509 (BP Prod Corp) CITY OF ANNA, TEXAS ORDINANCE NO. 2015-701 B P Prod Corp Zoning "C-1" & "Planned Development" ("PD") North and South Side Of the of Sam Rayburn Memorial Hwy and West Of& County Roads 507 and 509. 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 PROPERTIES 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 A ("Property") attached here to and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located north and south of the Sam Rayburn Memorial Hwy and West of County Road 507/509 is being rezoned from SFE zoning to Planned Development (PD) C-1 Retail plus incorporate mini-storage, boat and RV storage. WHEREAS, the Planning and Zoning Commission of the City of Anna and the City Council of the City of Anna 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 generally and to all persons interested in and situated in the affected area and in the vicinity thereof, the City Council of the City of Anna has concluded that the Zoning Ordinance of the City of Anna should be amended as follows: NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Section 1. The Comprehensive Zoning Ordinance of the City of Anna, Texas, is amended by changing the zoning on the land described in Exhibit A Tract 1 and Exhibit B (Tract 2) from "SF-E" to "PD" with "C-1" retail uses. The Planned Development shall include the following elements: Permitted Uses The permitted uses on the tract will be the same as those permitted in the Restricted Commercial (C-1) district including the following: a) Mini-Storage with no outside storage other than the storage of operable vehicles, recreational vehicles, utility trailers, and boats. Section 2. All provisions of the City of Anna Zoning Ordinance not in conflict with the provisions of this ordinance shall pertain to the property described herein. Section 3. The official Zoning Map of the City of Anna shall be corrected to reflect the change in zoning described herein. Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED by the City Council of the City of Anna, Texas, this 27th day of October, 2015, ATTESTED: 66Q D: Carrie Smith, City Secretary e, i Mayor te X N Ordinance 2015-701 2 (B P Prod Corp Toning "C-1"& "Planned Development"("PD') EXHIBIT A -Tract I Mates md 1�014&Des Being situated in the J. C. Nell Survey, Abstract No, 659, in Collin County, Texas, and being oil of that called 7,920 Acre tract of land, known as Tract 11, as described by deed to SP Prod. Corp,, as recorded in Volume 5497, Page 835, of the Deed Records, Collin County, Texas (D.R,C,C,T,), said tract being more particularly described as follows: BEGINNING at a 1/2" iron rod with a yellow plastic cop stomped "RPLS 5686" set (herein after referred to as a copped iron rod set) for the southwesterly corner of scid Tract 11, some being the northwesterly corner of a tract of land described by deed as Tract 1 to Newtune Group, Inc., as recorded under 'Document Na. 20140610000583950, of the Official Public Records, Coffin County, Texas (0.P.R,C.C,T,), some also being in the southe6sterly monumented line of State Highway No, 121; THENCE in a northeasterly direction, along said southeasterly monumented line at State Highwoy No. 121, the following courses and distances: North 51*34'00" East, passing on OlUminurn TxDot Monument found at a distance of 151.51' and continuing in oil a total distance of 279.42' to on alurninurn TxDot Monument found at an angle point; North 54'25'45" East, a distance of 300.37' to a point for corner, from which a wooden right—of'—way marker found bears, South 83'58'53" West, a distance of 1.22`: North 51*34'OD" East, a distance of 100,00' to a point for corner, from which a wooden right—of—way marker found bears, South 30*58'53" West, a distance of 0.36'; North 48'21'15" East, a distance of 300,37' to a point for corner, from which a wooden richt—of—woy marker found bears, North 72*28'06" West, a distance of 0.67'; North 51'34'00" East, a distance of 153,00' to an cluminurn TxDot Monument found at on onale point,- South 63'41'4(1" East, a distance of 111,53' io on aluminum TxDot Monument found of on angle point; North 512' 4'-45" Ta it, a distonce of 215.09' to a mnag nail set in nsphol", sold rung ricif being he i must easterly northeast corner of said Tract fl, sold mog nail also being in the approximate centerline of County Road No. 507-1 THENCE South 01'30'33' West, along said approximate centerline of County Road No, 507, some being the easterly line of said Tract 11, a distance of 713.10' to a 1/2" iron rod found for the southeasterly corner of said Tract 11, some being the northeasterly corner of a tract of land described by deed to Alan Walters and Koren Walters, as recorded under Document No, 210100514000465970, O,P.R,C.C.T.; THENCE North 89*17'23" West, along the,common line between sold Walters tract and Tract 11, possing at 0 distance of 361,12', a 1/2" iron rod with a plastic cop stomped "RPLS 4513" found for the northwesterly corner of said Walters tract, same being the northeasterly corner of said Tract 1, and continuing along the common fine between said Tract 1 end Tract 11, a total distance of 926,30 to the POINT OF BEGINNING and containing 7.926 acres of land, more or less. C") .--:...... ................... WCHAEL B. ART14UR A Xe 41" DATE: 09/02/2015_ ZONINGEXHMIT North Texas Simeying, L.L.C. REVISED: 7.926 Acres in the Registered Professional Land Surveyors SCALE; I" = 50' J. C.Neff Survey t 1515 South McDonald St„Suite110, MeYinney, Tx. 75069 Abs twt No. 659 Ph, (469) 424-2074 Fax: (469) 424-1997 COlEn Countyrn ,Texas wym.northtexassurveying.co JOB NO,: 2003-061:2 Firm Registratiori No. 10074200 EXHMIT B-Tract 2 DESCRIPTION 34.627 ACRES SITUATED In Collin County,Taus,In the J.G.Neill survey,abetrsd no.. 9;being a survey of pert of the 47.135 sore'Tract I'described In a dead from Jean Marie Swalwall,Trustee and So p Crosson,T to BP Prod.Corp,dated August 28,2003, recorded In volume 5497,page W of the Collin County deed records,being described by metes and bounds s foli : BEGINNING at a mag nail set at the notteaet comer of said 47.1.35 acre track near the center of Road (north paved d); THENCE South 0201118"West with said Road SW and with the seat line of sold 47:135 acre tract,553.38 fee to a mag nall set at the east-withisairt comer of said 47.135 acre tract,In the northwest right-of-way lire of State Highway 121; , THENCE Ina southwest dlmdon with the nortlumst d sof line of sold Stab Highway 121 and with the souibeast line of said 47.1 'a toll _ south 5111W1 T,WSA 19,45 feet to a 144nch Iron pin South 27°'90'11"wdet w-et90.73 feet to a 60D nail satin a wood right-of-grey marker, South 5105441"WeA 253.07 fee to a' Iron pin sdt South W4VI1"West,300M feet to'a point ftm which a wood rlght-of y nwker beam S 2V48'1(rW, 1. t; South 59" '11"West, 100.00 feet to a 112-Inch Iran pin set South 490=11"Weit,300M fed to a 1124nah Iron pin South 51°54'11"West 425.58 feet to a 1124nch Iron pin set at utheast corner of seld 47.135 acre trect; THENCE North 88053'38"West,.with theline of sold 47.135 a .91 to a 600 rail at the southr of 12:472 tract , as deft file no.20090814001023290; THENCE North 00°48'W East,with t1m east line of said'12.472 acre tract, 1185.92 W to a i/294nch Iron pin ad at the northeast corner of sold 12.472 scre trach same being In the north line of.said 47.135 acre trad; THENCE eastedy with the north Ilne of said. 7.135 am tract as folimm North 78033'03*EAst, 18 t to a 318-Inch Iron pin South 8V24'19"EaK 628.58 feet to a%Inch Iron pin North 72°17'09"East, 1000.07 feet to the PLACE OF BEGINNING and contalnlng34.027 a Office completed on August 28,2413 .m {� + COs TZ ", Bruce'Geer BRUCE GEER OVIW Registered P lonaid surveyor,No.4117 0 41E 01 WUTversttlr Drly .5,H{g y ) �t' ��'°�q ki-i ey+ 972-582-3= Ot 972-642-6751 . Bearing One of the 12A72 ac mOTmot 1",recorded as deft file no.20090814001023290 Controlling Monuments:%finch Iron pin set at northeast comer and.Od nail set at southeast comer of said 12A72 acre tracL do n 0 No Lol �y h� LO LU INN 1p mm Los f/ hli I� V t ■■ ray as an 91 Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, October 27'h, 2015 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at I I I North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: 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. The property is currently zoned as Single Family Estate (SFE). The owners of the property are requesting to change zoning to Planned Development (PD) to accommodate Commercial (C I) zoning classification with the additionally uses of mini-storage, boat and RV storage, and modifying the masonry fagade requirements. The property is located north and south side of the Sam Rayburn Memorial Highway and west of CR. 509 and CR. 507 Copies of the rezoning request, including a map of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary.