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HomeMy WebLinkAboutOrd 1105-2024-07 Rezoning Property at Shadowbend CommercialPURD U E R D PENAFLORDRW ROSAMOND PKWY INDIAN CREEK ZIMMET DR HARBOR OAKS DR EMERSON DR ELM GROVE WATERHOUSELAKEDR BRIAR CVEMMACTROUGLECTYARBROUGH DRROSEMARYWAYLIAM D R SKYVIEW DRA C E V E S C T CARAWAY CTDIANAFALLSTRLTHREECHIMNEYSLNERLINDA DRJENKINS DR JEANINE DRLEYLAND DR WHITEROCKCHALK RD LANGDONDREMMA DR BASI LAVEROBINSON D R NPOWELLPKWYE ROSAMOND PKWY Copyright nearmap 2015 Subject Property 200' Notice Boundary City Limits ETJ ¯ 0 300 600150 Feet May 2024 H:\Notification Maps\Notification Maps\ Zoning - PD Amendment ZONING EXHIBIT LEGAL DESCRIPTION BEING a tract of land situated in the J.C. Brantley Survey, Abstract No. 114, City of Anna, Collin, Texas, being a 4.536 acre and part of a called tract conveyed to Four Quarters Enterprises, Ltd., by deed recorded in Instrument No. 20170207000173060, Deed Records of Collin County, Texas, with subject tract being more particularly described as follows: COMMENCING at the south end of a corner clip at the intersection of the north right-of- way line of Rosamond Parkway (variable width right-of-way) and the west right-of-way line of State Highway No. 5 (variable width right-of-way); THENCE, the following calls: - N 88°42'47" W, with the north line of Rosamond Parkway, a distance of 333.95 feet to a point for a corner; - N 01°17'13" E, departing the north line of Rosamond Parkway, a distance of 210.03 feet to a point for a corner; - N 16°15’20” W, a distance of 126.02 feet to the Point of Beginning of the herein described 4.536 acre tract of land; THENCE, S 73°19'20" W, a distance of 146.50 feet to a point for a corner; THENCE, N88°42’47” W, a distance of 311.75 feet to a point for a corner; THENCE, N 16°15’20” W, a distance of 298.85 feet to a point for a corner in the southeast line of Shadowbend, Phase 1, an addition to the City of Anna, Collin County, Texas, according to the map or plat thereof recorded to the City of Anna, Collin County, Texas, recorded in Instrument No. 2021-416, Plat Records of Collin County, Texas, said point the beginning of a curve to the left with a central angle of 09°50’44”, a radius of 630.21 feet, a chord of N 14°11'06" E – 108.16 feet, an arc length of 108.29 feet; THENCE, Northeasterly along said curve to the left an arc distance of 108.29 feet to a point for a corner at the beginning of a non-tangent curve to the left with a central angle of 15°09'38", a radius of 629.07 feet, a chord of N 74°55'57" E - 165.97 feet ; THENCE, Northeasterly, along said curve to the left, an arc length of 166.45 feet to the point of tangency; THENCE, N 67°26'27" E, 217.73 feet to a point for a corner, said point being the southeast corner of the said Shadowbend, Phase 1 addition; THENCE, S 22°38'34" E, a distance of 59.27 feet to an angle point ; THENCE, S 16°15'20" E, a distance of 411.51 feet to the Point of Beginning and containing 197,589 square feet or 4.536 acres of land. Basis of bearing: State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. Exhibit A Page 1 of 2 EXHIBIT A J.C. BRANTLEY SURVEY, ABSTRACT NO. 114, CITY OF ANNA, COLLIN, TEXAS ZONING EXHIBIT 4.536 ACRE TRACT POINT OF COMMENCING REMAINDER OF 18.798 Ac / REMAINDER OF 18.798 Ac / POINT OF BEGINNING Exhibit A Page 2 of 2 EXHIBIT A EXHIBIT A B ZONING – SHADOWBEND COMMERCIAL PAGE 1 OF 4 CITY OF ANNA PLANNING & ZONING COMMISSION June 3, 2024 Public Hearing: Zoning Amendment – Shadowbend Commercial Applicant: Britton Church, Rosamond Powell Investment, LLC DESCRIPTION: Conduct a Public Hearing/Consider/Discuss/Action on a request to amend an existing Planned Development (Ord. No. 797-2018) on 5± acres located at the northwest corner of Rosamond Parkway and N. Powell Parkway to allow a self-storage (mini-warehouse) and child-care center/nursery school, kindergarten by right. SUMMARY: The Planning & Zoning Commission voted to table this item at the June 3, 2024 meeting. At its meeting on December 11, 2018, the City Council approved the rezoning of the property to Planned Development with a base zoning of Local Commercial (C-1) (Ord. No. 797-2018). The Planned Development ordinance established the allowed uses on the property. The request is to amend the allowable uses on the property. Item #16 on this agenda is the concept plan associated with this request, Shadowbend Commercial, Block A, Lots 1-14 (Exhibit A). REMARKS: The Planned Development ordinance provides that permitted uses on the property are those as allowed within the C-1 district “of the current Zoning Ordinance at the time of adoption of this ordinance.” The Planned Development ordinance specifies other uses permitted by right and by specific use permit (SUP). The use chart in the Planned Development ordinance for the property is below. Uses followed by an “(S)” require a SUP. Residential uses •Bed-and-breakfast facility •Boarding or rooming house •Residence hotel •Retirement housing (S) •Servant’s, caretaker’s or guard’s res. (S) Educational, institutional, and special uses •Child-care center (S) •Church, rectory, place of worship •Civic Center (S) •Community Center, public •Registered family home (S) •Rest home or nursing home (S) ZONING – SHADOWBEND COMMERCIAL PAGE 2 OF 4 •Community Center, private •Continuing care facility •Fraternal organization, lodge, or civic club (S) •Health club, gymnasium •Library •Museum or art gallery •Nursery school, kindergarten (S) •Park, playground, or rec. center (public) •Park, playground, or rec. center (private) (S) •School, private (primary and/or secondary) •School, public (primary and/or secondary) •School, trade or commercial (S) •Stadium or playfield, public •Swimming pool, commercial (S) •Swimming pool, private (S) Transportation, utility, and communication uses •Electrical substation •Gas metering station (S) •Service yards of government agency (S) •Telephone exchange Automobile and related service uses •Auto parts sales (inside) •Auto repair, minor •Automobile service station •Car wash •Motorcycle sales and service (S) •Parking lot of parking garage, automobile •Quick oil change facility •Quick tune-up facility •Tire dealer (no outside storage) Office, retail, commercial, and service type uses •Amusement, commercial (indoor) (S) •Antique shop •Arcade (S) •Arts, crafts store (inside sales) •Bakery and confectionary, retail sales •Bakery and confectionery, commercial (S) •Bank, savings and loan, credit union •Barber shop •Beauty culture school, cosmetology spec. shop •Beauty shop •Bowling alley •Bldg. materials, hardware (inside storage) •Bldg. materials, hardware (outside storage) (S) •Cleaning and dyeing small shop (S) •Clinic, medical or dental •Convenience store •Custom personal service shop •Discount, variety, or department store •Drapery, needlework, or weaving shop •Feed and farm supply (inside sales/storage) (S) •Florist •Food and beverage store •Food store; grocery store •Furniture, appliance store (inside storage) •Metal dealer, crafted precious •Motel, motor hotel, motor lodge •Office center •Office, prof. or general administrative •Office – showroom/warehouse (S) •Personal service shop •Pet shop •Medical supplies, sales and service (S) •Pharmacy •Post Office, government and private •Print shop (S) •Private clubs (S) •Racquetball facilities (S) •Restaurant or cafeteria, with drive-in or drive-through service •Restaurant or cafeteria, without drive-in or drive- through service •Restaurant, with drive-in service •Restaurant, with drive-through service •Retail ice and dispensed water sales (S) •Retail shops and stores other than listed •Secondhand store, furniture/clothing (S) ZONING – SHADOWBEND COMMERCIAL PAGE 3 OF 4 •Furniture, appliance store (outside storage) (S) •Garden Center (retail sales) •General merchandise store •Gymnastic or dance studio •Handcraft shop •Hospital (acute care) •Hotel •Household appliance service and repair (S) •Laboratory, medical or dental •Landry and cleaning, self-service •Massage therapy facility •Service, retail •Shopping center •Studio (photographer, musician, artist) •Studio for radio and television •Tanning salon •Taxidermist (S) •Theater (indoor) •Veterinarian clinic (no outside pens) (S) •Veterinarian clinic (outside pens) (S) •Washateria Manufacturing, storage and warehousing uses Accessory and incidental uses •Accessory building to main use •Construction yard (temporary) •Field or sales office, temporary •Garage, private •Swimming pool, private (S) •Wind energy system (S) The applicant is requesting to allow self-storage (mini-warehouse) and child-care center uses as permitted uses by right on the property. . According to the Planned Development ordinance for the property, self-storage (mini warehouse) is not a permitted use. Child care centers are permitted by specific use permit. Any standards or restrictions in the current ordinance must be followed. CONCLUSION: The zoning amendment request is to allow additional uses of self-storage (mini- warehouse) and child-care center/nursery school, kindergarten on five acres of the total 18.8± acre tract. If the Commission is in favor of the proposed modification, Staff recommends a third additional permitted use of indoor commercial amusement and prohibiting hotel and related uses on the five-acre area. RECOMMENDATION: If the Commission votes in favor of the zoning amendment request, below are recommended restrictions (added text is in green, underlined font): Restrictions: Commercial - Permitted at the intersection of State Highway 5 and Rosamond Parkway with a minimum acreage of eight (8) acres and a maximum of twenty (20) acres. General Description: Commercial shall be developed at the northwest corner of State Highway 5 and Rosamond Parkway. This area is intended to establish ZONING – SHADOWBEND COMMERCIAL PAGE 4 OF 4 the ability to develop significant retail, commercial, service, and offices uses serving regional and city-wide needs. Permitted Uses: Uses permitted within the Commercial tract are those permitted within the "C-1 - Restricted Commercial" district of the current Zoning Ordinance at the time of adoption of this ordinance as well as the following listed uses. Uses followed by an S may be approved as a Specific Use Permit. •Motel, motor hotel, or motor lodge •Hospital (acute care) •Rest home or nursing home •Auto repair, minor •Car wash •Tire dealer (no outside storage) •Discount, variety, or department store •Laboratory, medical or dental •Office-showroom / warehouse S •Service, retail •Veterinarian clinic (outside pens) S •Washateria •Self-storage (mini-warehouse)* •Child-care center/Nursey school, kindergarten* *The location of the self-storage (mini-warehouse) and child-care center/nursery school, kindergarten are restricted to five acres as shown on the Zoning Exhibit (Exhibit A). If developed as self-storage (mini-warehouse) and child-care center/nursery school, kindergarten, it shall be in substantial conformance with the Shadowbend Commercial, Concept Plan (Exhibit B). Commercial Regulations: Except as amended below, the Commercial tract shall be developed in accordance with the regulations established for the "C-1 - Restricted Commercial" district of the Zoning Ordinance, as presently existing or as they may be amended. 1. Maximum Building Height: Thirty-five (35) feet. 2. Maximum Lot Coverage: Seventy (70) percent. Additional Non-Residential Standards: The following items shall be implemented for the Non-Residential land area: 1. A minimum six foot (6') tall masonry screening wall shall be constructed along the common property line with the Single Family Residential district. A wall maintenance easement five (5) feet in width shall be dedicated on adjacent properties at the time of platting of these properties. 2. The construction of the masonry screening wall shall only be required adjacent to that specific property that is to be developed, whether the development is Non-Residential or Single Family Residential.