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Home My WebLink AboutOrd 847-2020 Rezoning Property at S Powell Pkwy (Buzz Center)CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the west side of South Powell Parkway (State Highway 5), 1,090 feet south of West White Street) ORDINANCE NO. ~'f ]-()OQQ 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 PENAL TY 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 hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the west side of South Powell Parkway (State Highway 5), 1,090 feet south of West White Street being rezoned from Single-Family Estate (SF- E) to 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 A from Single-Family Estate (SF-E) to 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 25 th day of February 2020. ATTESTED: 2 +-- EXHIBIT A BEING a tract of land out of the Granderson Stark survey, Abstract Number 798, in the City of Anna, Collin County, Texas, and being a portion of that tract of land described by deed to SWACCHA, LLC as recorded under Document Number 20190218000166800, Official Public Records of Collin County, Texas, (O.P.R.C.C.T.), the subject tract being more particularly described by metes and bounds as follows (bearings are based on State Plane Coordinate System, Texas North Central Zone (4202} North American Datum of 1983 (NAD '83)): BEGINNING at a concrete monument found for the southwest corner of said SWACCHA tract and the herein described tract, same being the northeast corner of 11Parcel 143" State of Texas Department of Transportation Right-of-Way CSJ: 0047-04-026, said point also being in the north line of Lot 1 in Block A of Scribner Addition, an addition in the City of Anna, Collin County, Texas, according to the plat recorded under Volume 2016, Page 442, Plat Records of Collin County, Texas, (P.R.C.C.T}; THENCE North 04 degrees 09 minutes 09 seconds East, with the west line of said SWACCHA tract, a distance of 19.50 feet to a 5/8 inch rebar with pink cap stamped, 11TXDOT SURVEY MARKER RIGHT OF WAY MONUMENT" (hereinafter called "TXDOT") found for the south corner of "Parcel 146, Part 1" State ofTexas Department of Transportation Right-of-Way CSJ: 0047-04-026; THENCE through the interior of said SWACCHA tract and with the east lines of said "Parcel 146, Part 1" the following calls: 1. North 18 degrees 11 minutes 17 seconds East, a distance of 102.49 feet to a 5/8 inch rebar with "TXDOT" cap found; 2. North 04 degrees 08 minutes 19 seconds East, a distance of 200.00 feet to a point within a tree; 3. North 11 degrees 23 minutes 19 seconds West, a distance of 92.58 feet to a 5/8 inch rebar with "TXDOT" cap found for the north corner of said "Parcel 146, Part 1", said point being in the west line of said SWACCHA tract; THENCE North 04 degrees 09 minutes 09 seconds East, with the west line of said SWACCHA tract, a distance of 112.00 feet to a 5/8 inch rebar with "TXDOT" cap found for the southeast corner of "Parcel 146, Part 2" State of Texas Department of Transportation Right-of-Way CSJ: 0047-04-026; THENCE North 02 degrees 13 minutes 52 seconds East, through the interior of said SWACCHA tract, and with the east line of said "Parcel 146, Part 2", a distance of 141.43 feet to a 5/8 inch rebar with 11TXDOT" cap found for the northeast corner thereof, same being the southeast corner of "Parcel 151" State of Texas Department ofTransportation Right-of-Way CSJ: 0047-04-026, said point also being in the common line of said SWACCHA tract and a tract of land called "TRACT 2" as described by deed to Altice Use, Inc. as recorded under Document Number 20181226001561580, (O.P.R.C.C.T.); THENCE South 88 degrees 29 minutes 12 seconds East, with the common line of said SWACCHA tract and said Altice Use tract, a distance of 303.14 feet to a 1/2 inch rebar found for the common east corner thereof, said point being in the west line of a tract of land described by deed to the City of Anna as recorded under Document Number 20170727000992200, (O.P.R.C.C.T.); THENCE with the westerly lines of said City of Anna tract, the following calls: 1 . South 02 degrees 30 minutes 00 seconds West, a distance of 167.90 feet to a 1/2 inch rebar with pink cap found; 2 . North 89 degrees 45 minutes 00 seconds West, a distance of 20.00 feet to a 1/2 inch re bar with pink cap found; 3 . South 02 degrees 30 minutes 00 seconds West, a distance of 375.00 feet to a 1/2 inch rebar with pink cap found; 4 . South 89 degrees 45 minutes 00 seconds East, a distance of 20.00 feet to a 1/2 inch rebar with pink cap found; . 5. South 02 degrees 30 minutes 00 seconds West, a distance of 114.29 feet to the southeast corner of said SWACCHA tract, and being in the north line of said Lot 1, from which an old wood post bears North 78 degrees East a distance of 0 .30 feet; THENCE North 89 degrees 11 minutes 29 seconds West, with the north line of said Lot 1, a distance of 317.57 feet to THE POINT OF BEGINNING and enclosing 4.326 (188,461 square feet) of land, more or less. I ~~g ,i, ~=~ !Ii oO 5 I Q) 0 Q) 0 EXHIBIT B WA.NCLERIIOOEROl A!:PA:;to. Aa::AC7!1110lHARI< ::tJRIIC't',::I-IEl!T1,TRACT «,ll.l3AC, r I I PRCMIERPAWjffJW:lLTO MIE!tPAWjftl(A!IAOOITIOt.l(CAN1 8U<1,LOT1 \ I \ I ' ---' PRDPOS EO DRIVEWAY. I , AB::ACroac::m,RK!lURVEV.SliEET1.TRACT38. 7 MCUTTlf[N'Tf'RPR1::E:IUC I """-"' '°f' BUILDI NG/SETBACK FlR!l~=ouc 1 1 AB!:A07!1a0!'.TARK / t ::URVEYSHEET1.TRACT L ».•='"'· -------------i ~---~ 1 ~ _-___::__-_-=-=--= _-_ -=---==-----=---::-r·O'LANOS CAIPEBUFFER .. l I ..._ ' 587" 47 20.96"E -r I MCaROOMF1.0YDl EDN4 M All!:i\OJ'OIIO::TAR~-tHEETl,TRACT-4!1, ZONED: C-2 W-SUP ~82·2010 ... <,, ' I I I ,, I 1 25.000 I ) -I.O :r en ->-3: ~-a., ... ,. ..J ..J w L ________ -j' -I - \ ! / It. I ! , 'li;-rl i 20.0' LANDSCAPE BUFFER ,. I I ANW.~1UC. -AB::J.07"80i;TAR~~~AC.llHCETtnw:;T7e, ZON EO:AG \ _,_ ! \ \ \ PROPOSED DRIVEWAY· I I I /,---------------, - , --------------,- ._I I f V, J1 8 LF 8'MASONRY· SCREENING WALL ~J,}J~~~N VOLP~:~:t~ «2 ZON ED:SF-E. / ITRACT~t CXX.~:;;~~~I~ ,+J,INAlllO A6!1A071l&C::TARK _ ::uRVEY.::~~:1""'c11knowYJhat's below. I , , Call before yo u dig. ~OPOSEO DRIVEWAY I~ ' ' GRAPHI C SCALE SCALE: 1"=40' 1 • , _ , (( srr, SUMMARYTABLE 7 1 !/~ ~ I !~1 j, I , i:-, ~ / IAARTINEZROIXllFO -~ W.RTINEZ fr / / co~oo~""!"'"~" J..~ I( r•~~EBUFFER con S89"4r4048"E "j1 'I ------~ Cl'NOFANW. / / j ~,~~ cu,mf:NJ\~~~:!CAN~ f f !COl.\l,\OM.YICNO'Mll<S t OT13 ,j / ! I ' I j I I-en -,-,----- <( CUNNIMOHAMEllTATES(CAN~ LOT 1~ LANO USE LOT AREA CROSS TOTALIMPERVIOUSAREA PARK1NO SUMMARY COMMERCIAL 197.68\S.F.(4.5-t AC.) 12S.23JS.F,("2.a7AC.) RESTAURANT(DININO) (20.300 SF 11000 Sf• 10SPACES) PARK1NO PROVIDED lOJSPACES 203SPACES RETAIL(•,a:.OSF/1000SF '4SPACES) PARKING PROVIDED TOTAL PARKING REQUIRED TOTAL PARKING PROVIOED ADA PARKING REQUIRED ADA PARKINO PROVlDED :!OSPACES 205PACES 2235PACES 223SPACES 7SP-'CES 7SPACES LEGEN D PROPOSED FACE ANO SACK OF CURB PROPOSED flRELANE PAVEMENT 1:::,:,:::::::::::/:/:::::::::1 0 i ll/ :;~""'-'""'' '-'/Z :-:-:-:-:L.._j I ~1 ,/1~! I !";:, IZ 1 ✓ / ,,AA,AAU-O>M ICO , ~ J I -,------_,_ I~ / / ZDNEDCSF-1 / I I 0111::ot.JA.JACODRYAN PARKINO COUNT OU1CKSERVICE RESTARUANTS ,~ i ,f w / CUHNINOl"IAM E::TATC.:l (CAN~ I-1 I '0 "' z I ;ci,--------/-- RVDIOCHRJ::TOIIALJ. CANOIOA.TERAN lr:~ _-.::·"=- N89"4r4D.48-W 20.000 i~ 11~1~ I "-...: :!"~ ,~ i / /1 PO~~~& CUNNINCHAt'o~~ATE.:l !C,.,Ni -,,----·--- COUITYTR\J::TCOMPAh"I' ctmT~~~aETTYR. CUNNl~oi;:AID !CAN~ ~l~=<;:CIA ::Ul!VEY.!:HEETl.TRACT 1:!Cl.0.l1:4AC. 1: _ 111 __ Le_~ N.T.S CONCEPT Pl.AN BUZZ CE NTER A DDITION, BLOCK A, LOT 1 4.326 Acres Out Of The GRAN DERSO N STA RK SUR VEY ABSTRACT NO. 798 IN TH E CITY OF ANN A, LOCATED IN COLLIN COUNTY, TEXAS Prepara tion Date: 1/30/'2020 ,_A_P_P_R_O_V_E_D_~ 0W::::~~~~MlT APPROVED FEBRUARY 3, 2020 4C1 3 MondowRldge Dr. FEBRUARY 25, 2020 P&Z COMMISSION Pla"o· Tnn 75093 CITY COUNCIL CfTY OF ANNA. •liopl,on• (::?1 ~)61&-JTC-4 CITYOf ANNA ntlct Dr.Um~,C!l1n1Dp:illl l!!MOIM U R Kltl<rnanEnoln&0rlng 5200StilllHlgtw,;iy121 c,,narvQl<o .Tnu7C03• TGle ?,'>ono(8l7)48a-.9CO TIIPENo. 1Sft7~ Cont1ctPalrlckFl!son.P.E. SURVEYOR 8artonC/l.lp;1Sij.....ying S200Stiita HlghWlly121 Cclloyvllla.Tans7C03-4 Tolophon•(817)864•\0S7 TFRNNo;101£,.j331 Conmct Jack s,m111. R.P.LS. I kirkman !NC.INf ~RI N C S200St.1te Hlct,wayl2l Coll.-'(Yhl .-,Tua,76034 PhDnl!:a11-4aa-'1960 OtvROPEII/OWNER Anna Klrkm:inEncl~crinc,LLC TrwuFlrmNo:lsa7• ANNA BUZZ CENTER ANNA, TE XAS CONCEPT PLAN Vl.O