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Home My WebLink AboutOrd 842-2020 Rezone Property at CR 418 & Collin Co Outer Loop (NBR-Anna)CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located at the northeast corner of Collin County Outer Loop and Country Road 418) ORDINANCE NO. �� a - �d�C� AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S COMPREHENSIVE PLAN, ZONING MAP, AND ZONING ORDINANCE AND CHANGING THE ZONING AND APPROVING A SPECIFIC USE PERMIT ON CERTAIN PROPERTIES AS DESCRIBED HEREIN; 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 BYLAW, 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 and specific use permit request on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located at the northeast corner of Collin County Outer Loop and Country Road 418 being rezoned from SF -E Single -Family Residential -Large Lot to I-1 Light Industrial District zoning with a Specific Use Permit for a permanent concrete batching plant; 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 A from SF -E Single -Family Residential -Large Lot to I-1 Light Industrial District zoning with a Specific Use Permit for a permanent concrete batching plant. it Section 3. Official Zoning Map The official Zoning Map of the City shall be corrected to reflect the change in zoning and the Specific Use Permit 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 14th day of January 2020. ATTESTED: Carrie L. Smith, City Secretary may. APPROVED: a�, �%,, Nate Pike, Mayor 2 W ❑p'8!1'13 H'MMM Xtl! L866-9p6.2G6 � 3NOHd SEi66-906-ZL6 S`dX31'.11Nf100 NIll00 6Zp8L ♦ 8tl%31 � 3111A91M3'1♦ LZ546Z Xp8 'p'd VNNN dO AL10 ' O orbs -d 'oN Nouvaisloaa wm� adel Ntlld SNOIlIoN00 'SNI `'-JNIZi33NIJN3 saawss�s � a � W ®u t 101 IH NOOlB IVNNN-a8N `JNIISIX3 o a � = U 11 ,, Nb'ld 1d30N00 p y / �� \169., � 1. `. 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( ,-� �� r--, :°, � �a 1; :, _ �o� 1� ( I ��o - I�..;,i i � � mm I-' '.1 1 �€rc ' � +'S e + :,)1 f �pii m k ;,� v� < n 1 ': � `gip N 1 p � � ; fl" a IJ a .:. . ,, � 1' r�� Q moa � 2W0 � �Zu a p_2 ti O K h�� 2m wo WNO pN V?�Wa\ p3�OZ W VIR� 'n>2K tia Uavl Qp 0 ry a ca = 'Z o„ op z s w � a ��" W '^ z � w a w t7 � � - � � a '� s � W x w a rc � w a—� v W � r a � 3 In LL 3 2 Fz O ��'a 6 OU as �o .O N N O CL O L iL CX G zzti ado-�1Nno� E 2�a 3NA`dHl�..;� L•1 acre �i� wnlNdnt� � \ s o i m � W 1 Z d s NO< Y o u- f- O U W N i li i T-iri L O m U O L O N Q oo O z 0 U rn 0 N N Q 0 z milli �� 1111►g11�11■ p == IIIIIIrIfl11■ C == IIr111111111� C �� 11111l111�111 G 1�1111111�111 1111111111111 1111: 1llrrrl1�lr11�1 ��IIIIIIIIIIIIIII/�I X111 1111111�1�111111 1111lilt1111� 3�yS M¢ • sod i ill 4 • 1Jj� � ry qq _ i lj r • �p w iqj��77,1fiJNjig� - - - 1 3, 99it.3��ii.. �7 dv .ti • sod i ill 4 • 1Jj� � ry qq _ i lj r • �p w iqj��77,1fiJNjig� - - - 1 3, 99it.3��ii.. �7 dv CITY OF ANNA PLANNING & ZONING COMMISSION December 27 2019 Agenda Item No. 8B Applicant: Tony Strickland DESCRIPTION: Request to rezone 10.0± acres located at the northeast corner of Collin County Outer Loop and Country Road 418 from Single -Family Residential - Large Lot to Light Industrial District with a Specific Use Permit (SUP) for a permanent concrete batching plant. REMARKS: The applicant is requesting to rezone the subject property to Light Industrial District (I-1) with a Specific Use Permit (SUP) for a permanent concrete batching plant. An SUP application shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate with regard to the health, safety and welfare of the general public. The 1-1 district is established to accommodate those uses which are of a non -nuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purpose. Development in the I-1 district is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non -nuisance type. No use or types of uses specifically limited to the I-2 district may be permitted in the I-1 district. A concept plan, NBR-Anna, Block A, Lot 1, accompanies this request as Agenda Item 8C. History On February 11, 2014 the City of Anna incorporated the land area associated with the current zoning request into the city limits. The existing land use at the time of incorporation was a concrete batching plant. Subsection (a) of Section 9.04.006 (Annexed territory) within the Zoning Ordinance states: All territory hereafter annexed to the city shall be temporarily classified as SF -E Single -Family Residential - Large Lot District until permanent zoning is established by the city council. The procedure for establishing permanent zoning on annexed territory shall conform to the procedure established by law for the adoption of the original zoning regulations. Staff has been unable to find records as to why the property wasn't permanently zoned when it was incorporated in 2014. Surrounding Land Use and Zoning North Vacant land and an existing concrete batch plant located wn the extra territorial jurisdiction. East Single-family residences located within the extra territorial jurisdiction. South Across Collin County Outer Loop vacant land zoned PD -323-2007. West Across Country Road 418 vacant land zoned PD -323-2007. Land Use -The applicant is proposing to rezone the subject property to allow for the N ontinued operation of the existing concrete batch plant. Conformance with the City of Anna Strategic Plan and Comprehensive Plan City of Anna Goals for 2024 Goal 2 Sustainable Anna Community Through Planned, Managed Growth 6. Have buildings and homes complying with city codes and development regulations Future Land Use Plan -The Future Land Use Plan identifies the subject property as Single Family (yellow). The proposed zoning request is not in conformance with the Future Lane use Plan. The proposed zoning is not in compliance with the Future Land Use Map; however, the concrete batch plant was in existence prior to the property being incorporated into the city limits. The applicant is required to make site improvement in order for site operations to be in compliance with TCEQ, however, the city cannot issue permits due to the existing zoning not permitting the existing land use. AGENDA ITEM NO. 7B (12/02/19) PAGE 2 OF 3 SUMMARY: The applicant has indicated that site improvements are needed in order for the existing operations to be brought in compliance with requirements of the Texas Commission on Environment Quality (TCEQ). However, the zoning ordinance states that no permit for construction of a building or use of land shall be issued other than a permit which will allow construction of a building permitted in SF -E districts unless and until such territory has been classified in a zoning district other than a Single -Family Residential - Large Lot District. If/once the zoning request is approved the applicant will submit a Site Plan, Landscape Plan, and Plat to bring the entire property up to city standards (i.e. zoning, landscaping requirements, design standards, etc.) and meet TCEQ requirements. RECOMMENDATION: Staff is neither in support nor opposed to the zoning request. The zoning request is not in conformance with the Future Land Use Map however the land use has been in continuance existence prior to the property being incorporated into the city limits. If the Commission finds the proposed zoning and land use is appropriate, then a motion is needed to recommend approval of the rezoning request from Single -Family Residential - Large Lot to Light Industrial District with a Specific Use Permit for a permanent concrete batching plant. AGENDA ITEM NO. 7B (12/02/19) PAGE 3 OF 3 CITY OF ANNA PLANNING &ZONING COMMISSION December 2, 2019 Agenda Item No. 8C Concept Plan: NBR-Anna, Block A, Lot 1 Applicant: Tony Strickland DESCRIPTION: Concrete batching plant (perm.) on 10.0± acres located at the northeast corner of Collin County Outer Loop and Country Road 418. Proposed zoning Light Industrial District (I- 1) with a Specific Use Permit (SUP) for a permanent concrete batching plant. REMARKS: This concept plan is associated with the zoning case for Agenda Item No. 8B and is contingent upon approval of the zoning case. The purpose for the concept plan is to show the existing site improvements of the property. RECOMMENDATION: If the Commission is favorable to the zoning request the Concept Plan is recommended for approval subject to City Council approval of the zoning request. THE CITY OF manna NOTICE OF PUBLIC HEARING FOR PROPOSED ZONING CHANGE The Planning &Zoning Commission (P&Z) of y of Anna will hold a public hearing on Monday. December 2, 2019, at 7:00 p.m., in the Council Chambers of Anna City Hall at 111 North Powell Parkway. State law requires that cities notify all property owners within 200 feet of any proposed zoning change. For this reason, we are sending you this notice. PROPOSED ZONING CHANGE: Request to rezone 10.0± acres located at the northeast corner of Collin County Outer Loop and Country Road 418 from Single -Family Residential - Large Lot (SF -E) to Light Industrial District (I-1) with a Specific Use Permit (SUP) for a permanent concrete batching plant. The I-1 district is established to accommodate those uses which are of a non - nuisance type located in relative proximity to residential areas, and to preserve and protect lands designated on the comprehensive plan for industrial development and use from the intrusion of certain incompatible uses which might impede the development and use of lands for industrial purpose. Development in the I-1 district is limited primarily to certain wholesale and jobbing commercial uses and certain industrial uses, such as the fabrication of materials, and specialized manufacturing and research institutions, all of a non -nuisance type. No use or types of uses specifically limited to the 1-2 district may be permitted in the I-1 district. An SUP application shall be evaluated as to its probable effect on the adjacent property and the community welfare and may be approved or denied as the findings indicate appropriate with regard to the health, safety and welfare of the general public. CURRENT ZONING: The existing zoning is SF -E. The SF -E district is established to allow for larger lots with one family dwelling structures per lot. This district is intended to provide for residential lands to accommodate more rural settings and accessory yard uses. These lots should be generally located in groups, blocks, or areas where the accessory uses of the land do not either materially or in an obnoxious manner influence neighboring properties. Densities in this district will not usually exceed one unit per gross acre. All territory annexed to the city is temporarily classified as SF -E until permanent zoning is established by the city council. Persons wanting more information should contact the Planning and Development Department at (972) 924-2616. You are not required to attend this hearing, but if you do attend, you will be given the opportunity to speak for or against the change. APPLICANTS AND/OR AGENTS ARE EXPECTED TO ATTEND. Please circle one: In favor of request Neutral to request Opposed to request .) Comments: tJe, o(wvJ \ 77D, ep',rQ�I " t !n, carn�wt�-u �) cwt Q ?n u t� . r%�` r taw 1 utS THE CITY OF manna By signing this letter, I declare I am the owner or authorized agent of the property at the address written below. SIJR�SFi SNRID6YARANI Name (Please Print) Signature ` k-larin�a Z'rohei•tics i�X,,,urivr#ius I rvhlg� IN 7r)062 Address Date Please return form to: City of Anna Planning and Development Department P.O. Box 776 (3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 11 idi Lis I UPI L11 NJ vVelcome to the Planning and Zoning meeting. Your presence and participation are appreciated. You may make your opinion known on an issue and/or register to speak to the Chairman and Commission Members. Please turn this form in at the staff table to be forwarded to the Chairman. Please step to the podium as soon as you are recognized by the Chairman and state your name and address before beginning your presentation. if you have written notes or other material you wish to present to the Chairman and Commission, please furnish an extra copy for the official files. Name: �CU�ur,� "r �C= Address: City / State / Zip: Telephone Number (s) •k�-�•:H•k� :k*•�•*�•�: �: ;F**��*�**�****�: **�� :k� �: *�***��•***�** k k:F k�k3: �****:F kk:F*�:t•k�*�: ��**�*�• � ��*;F*** A•� �*�**�� Regarding Agenda Item No. P & Z Meeting Date: Subject: ()For () Againsf �•-7 (/�-��-�`�� f Commenfis: (Use back if necessary) ,ems_ AV� :l•*':F:f•*�',l'kE•*�c*kk k k�' kk'k:bX *;F;F�Qe;F•;P:F 4: �•:FSF*****�; ��*�****�*:�� k•l *�***��7F�**�****:l••k�'k•k A•4e*�•*i; k*�**�*:l'9: k��•k i wish to address the Chairman and Commission Members. (PLEASE LIMIT COMMENTS TO 3 MINUTES) () I do not wish to address the Chairman and Commission Members, but do wish to register my opinion. *;F/: k"k:�:f•'3v'•k•**��•**�*•k*k*:F�:�* kk�h k*:k�F*;F*�,•*�*•;r k•k� k9; k***:��* kk:F;�:F*�'7F�r�•*k:F�; k:Fk�:;F�; h•Jl:t�9ck:l:F•�F•�k•k*�•�{•:F:F'k k'l'kJ;;k�