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HomeMy WebLinkAboutOrd 765-2018 Rezoning Property at White St & US 75 (Standridge)CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located north of West White Street and West of U.S. 75) ORDINANCE NO. fll(JS-~Oi 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 PENAL TY 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 of the City; and WHEREAS, said Property generally located north of West White Street and west of U.S. 75 is rezoned from (AG) Agricultural to (PD) Planned Development; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The recitals above are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part 111-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Agricultural (AG) to Planned Development (PD) Zoning. The Planned Development (PD) zoning regulations limit the use of the property or any part thereof to those permitted in the Commercial (C-1) with restrictions and additions as set forth below: 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high- quality development in the northwest quadrant of U.S. 75 and West White Street (FM 455) to accommodate those uses that are of city-wide and regional significance. Within this District are permitted certain retail, service, and office uses. 2. Definitions Except as otherwise provided herein, the definitions in Section 4 of the City's Zoning Ordinance shall apply. For purposes of this Planned Development District, the following terms shall be defined as follows: a. "Masonry " means brick, tile, manmade or natural stone, cast stone, rock, marble, granite, curtain glass, glass block, exposed aggregate concrete panels, decorative concrete panels, split face concrete block or any construction consisting of concrete panels including, but not limited to "tilt-wall " construction, , or any other materials similar to these materials approved by the Director of Planning. b. Exterior insulation finishing system ("EIFS") can only be used as accent and must be at least twelve feet (12') above the finished floor elevation. 3. Development Standards. a. "C-1" Property. Development of the Property must comply with the development standards for use, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the "C- 1", Restricted Commercial District, and "THOR Overlay", except as otherwise provided herein. 1. Uses: in addition to the Uses permitted under C-1, the following Uses shall be permitted by right: 1. Hospital (Chronic Care) long term health care facility. 2. Hospital (Acute Care). 3. Ambulatory, Surgery Center 4. Emergency Room I Urgent Care 5. Dialysis Center 6. Rehabilitation Care Facility 7. Rehabilitation Care Institution 8. Laboratory, Medical or Dental 9. Laboratory, Scientific or Research 10. Pharmacy with or without Drive Thru 11. Medical Supplies, Sales and Service 12. Child Care Center 13. Nursery School, Kindergarten 14. Rest Home or Nursing Home 15. Veterinarian Clinic (small animal -No Outside Pens) 2. Uses allowed within the district with a Specific Use permit 1 . Heliport or heliatop. 3. Minimum Lot Area: 10,000 sq. ft. 4. Maximum Building Height: The maximum building height shall be 55 feet measured to the top of the last floor ceiling elevation. 5. Outdoor Display Areas (Garden Centers) 2 1. An outdoor display area (garden center) may not exceed twenty five percent (25%) of the adjoining building size. 2. The outdoor display area shall be enclosed by a 4' masonry wall with decorative ornamental iron fencing above, to not be less than eight fee (8') total in height. 3. Height of materials being screened must be lower than the screening fencing. 4. Landscaping shall be planted along the exterior side of any outdoor display area and maintained at a height of 3 feet along the front and Landscaping shall be planted on the side of any outdoor display area and maintained at a height of 6 feet. 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 be the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, sentences, paragraphs, subdivisions, clause, 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. 3 PASSED by the City Council of the City of Anna, Texas, on this gth, day of January 2017. ATTEST: 4 EXHIBIT A DESCRIPTION 77.97 +/-ACRES OF LAND SITUATED in Collin County, Texas, in the W. S. Rattan Survey, Abstract No. 752 and the Thomas Rattan Survey, Abstract No. 782, being a resurvey of the 81.8447 acres of land described in a Special Warranty Deed from Swisher Partners, L.P. to One Anna Two, Ltd. dated January 31, 2007, recorded in document number 20070201000151600 and in a Special Warranty Deed from Swisher GP, L.P. to One Anna Two, L.P. dated January 13, 2007, recorded in document number 20070201000151610, both deeds of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at a 5/8-inch iron pin found at the northeast corner of said 81.8447-acre tract, the southeast corner of the Jan Sherley Miller 66.845 acres Ref. Vol 2667, Pg. 671 and in the west R.O.W. line of U. S. Highway No. 75; Thence southwesterly with the east line of said 81.8447-acre tract and with said west R.O.W. line to 1/2-inch iron pins found as follows: South 11°21 'west, 104.29 feet; South 8°29'west, 2200.0 feet; South 12°04'west, 801.57 feet; South 8°29'west, 200.0 feet; South 17°01 'west, 202.24 feet; South 45°21 'west, 499.98 feet; South 9°52'west, 168.2 feet; South 44°11 'west, 40.09 feet to a 1 /2-inch iron pin found at the southeast corner of said 81.8447-acre tract and at the junction of said east R.O.W. line with the north R.O.W. line of Farm Road No. 455; Thence south 89°13'50 11 west, 750.14 feet with the south line of said 81.8447-acre tract and said north R.O.W. line to a 1 /2-inch iron pin found at the southwest corner of said 81.8447-acre tract and the south, southeast corner of the Don Collins, et al 114.252 acres, Ref. V. 5257, P. 4877; Thence northerly with the west line of said 81.8447-acre tract and with the east line of said 114.252-acre tract to 1 /2-inch iron pins found as follows: North 0°29'10 11 West, 540.38 feet to a 1 /2-inch iron pin found at the beginning of a curve to the right from which the radius center lies North 89°30'50 11 East, 500.0 feet; Thence with said curve, an arc of 209.61 feet around a central angle of 24°01 '08 11 on a radius of 500.0 feet to a 1/2-inch iron pin found; North 59°03'25" East, 129.33 feet to a 1 /2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 30°56'35 11 West, 700.0 feet; Thence with said curve, an arc of 189.73 feet around a central angle of 15°31 '48 11 on a radius of 700.0 feet to a 1/2-inch iron pin found; North 43°31 '37 11 East, 241.38 feet to a 1 /2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 46°28'23 11 West, 700.0 feet; Thence with said curve, an arc of 530.61 feet around a central angle of 43°25'53 11 on a radius of 700.0 feet to a 1 /2-inch iron pin found; North 0°05'44 11 East, 1035.62 feet to a 1 /2-inch iron pin found a the beginning of a curve to the right from which the radius center lies South 89°54'16 11 East, 700.03 feet; Thence with said curve, an arc of 101.69 feet around a central angle of 8°19'23 11 on a radius of 101.69 feet to a 1 /2-inch iron pin found; North 8°25'09 11 East, 393.86 feet to a 1 /2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 81°34'51 11 West, 699.99 feet; Thence with said curve, an arc of 116.43 feet around a central angle of 9°31 '48 11 on a radius of 699.99 feet to a 1/2-inch iron pin found; Thence North 1°06'39" West, 201.55 feet to a 1 /2-inch iron pin found at the beginning of a curve to the right from which the radius center lies North 88°53'21" East, 700.0 feet; Thence with said curve, an arc of 205.39 feet around a central angle of 16°48'40" on a radius of 700.0 feet to a 1 /2-inch iron pin found; Thence North 15°42'02" East, 121.6 feet to a 1 /2-inch iron pin found at the beginning of a curve to the left from which the radius center lies North 74°17'58" West, 700.0 feet; Thence with said curve, an arc of 205.39 feet around a central angle of 16°48'40" on a radius of 700.0 feet to a 1 /2-inch iron pin found; Thence North 1°06'39" West, 55.96 feet to a 1 /2-inch iron pin found at the northwest corner of said 81 .844 7-acre tract, the northeast corner of said 114.252-acre tract and in the south line of said 66.845-acre tract; Thence north 89°56'12" east, 955.42 feet with the north line of said 81.8447-acre tract and with said south line to the PLACE OF BEGINNING and containing 77.97 +/-acres of land. CERTIFICATION: I, hereby certify that I made the survey on the ground on July 15, 2015 of the herein described tract shown hereon and set corner stakes as reflected on the plat and that only visible improvements on the ground are as shown on the survey; to my knowledge, there are no encroachments, overlapping of improvements or conflicts except as shown on the survey plat; that the survey is guaranteed to its completeness. SKGW/GMG 07162015 G10 C:\LD\782-77.STR REVISED BY GMG 7-16-2015 ' \\ I w 1-- L...... .. -.. -··-··- l } ' ! cel.aTRAL l:Jc:PRess WAY (U.s. 75)