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Home My WebLink AboutOrd 1124-2024-12 Rezoning Property at Lakeview Estates Ph3, Blk B, Lot 17CITY OF ANNA. TEXAS (Property rezoned under this ordinance is generally located generally located on the east side of South Ferguson Parkway, 140± feet north of Elm Street) ORDINANCE NO. i I'. Ll — -2CaLl —1�- 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. 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 amendment to a Planned Development (Ordinance No. 792-2018) on Property described in Exhibit A ("Property") and depicted in Exhibit B ("Site Plan") attached hereto and incorporated herein for all purposes as if set forth in full: and WHEREAS, said zoning for Property generally located on the east side of South Ferguson Parkway. 140± feet north of Elrn Street: 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 Ordinance Amended The Anna City Code of Ordinances (the "Anna Code") are hereby amended by repealing Ordinance No. 792-2018 and replacing the zoning of the property described in Exhibit A and as depicted in the Site Plan on the attached Exhibit B ("Concept Plan"). Standards and Area Regulations: Development rnust comply with the development standards for use. density, lot area, lot width, lot depth. yard depths and widths, building height. building 1 elevations,. coverage, floor area ratio, parking. access. screening, landscaping, accessory buildings, signs. and lighting.. set forth in the Local Commercial District (C-1) and the Planning and Development Regulations except as otherwise specified herein. a. Permitted Uses This property is restricted to the following uses in substantial conformance with the previously approved site plan (Res. No. 2024-02-0044): Child Care Facility. Daycare ii. School. 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 S2,000 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 2 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 17th day of December 2024. ATTESTED: APPROVED: EXHIBIT A LEGAL DESCRIPTION: Lakeview Estates. Phase 3. Block B. Lot 17 ¢a - Y �3- 4 , aim°�s u a� o ado S z ui 0 n 4 4- i 4= o Z06 a Lu pa �$o $n _x, w Y g� z to W Zw0 o g fag ` ca-yam. W a LwuOi :� 5 ! 4 a `w 0 0 u, r� icea wWgV�� K~ �amj i i�rc oa 0 pain 0 Wawa ea�Z�u LL g V w L > 4 LL ® (ilDo i z" tl� �. '1 w p b I m n 1 ggg S \ 3 =e = Hsi I � t$ f SOUTH FERGUSON PARKWAY 120' RIGII"I Or WAY `0' EASEMENT TO COLLIN COUNTY DOC. NO. 98-0100210, D.R.C.C.T. I ,-ter ► ' .'�► �. -�� "�'` � �,�- �► ; j 'f � � � [7 16 ingrN nAru no JGill NO ' a p , W1,31, OR o---mm--w� qm V7 VM M iarr� �- j FM F-1 "m OAK WAY vs �� K VFA6 Ir 73M �'i sm � ter■ F� �.� IP CITY OF ANNA, TEXAS ORDINANCE NO. 7'�! Z - Z AN ORDINANGE OF THE CITY OF ANNA, TEXAS, AMENDING THE ZONING MAP OF THE CITY OF ANNA TO PROVIDE FOR REZONING OF CERTAIN PROPERTY; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the property described in Exhibit A attached hereto has requested a certain zoning for said property; and WHEREAS, the City Council of the City of Anna has given the requisite notices 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 zoning the tract described in Exhibit A, attached hereto and made an integral part of this Ordinance. The Planned Development shall be for the specific use of a daycare facility using all other- C-1 Commercial Zoning requirements and standards. Section 2. The official Zoning Map of the City of Anna shall be amended to reflect the change in zoning described herein. Section 3. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 4. This Ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED on this the Ct day of 2018, by the following vote of the City Council of the City of Anna, Texas, AYES NAYS^ ABSTENTIONS APPROVED: ATTEST: �; � \`j15115ff111lllllll� (A(JCL Mayor- Nate Pike C): ' •. -'ty Secretary- Carrie L. Smith jrE)( Page 1 of 5 EXHIBIT'A' LEGAL DESCRIPTION BEING, a 2.029 acre tract of land situated in the Collin County, Texas, being a part of the Joseph Schluter Survey, Abstract No. 856 and being part of the 9.736 acre tract of land conveyed to P&R Anna Realty, LLC by deed of record in Instrument No. 20170120000085920 of the Official Public Records of Collin County, Texas and part of the 7,076 acre tract of land conveyed to Anna Realty, LLC by deed of record in Instrument No. 20160801000991780 of the said Official Public Records; said 2.029 acre tract being more particularly described as follows: BEGINNING, at a "X" cut in concrete found for corner in the east right-of-way line of South Ferguson Parkway (a 120' right-of-way); said point also being the northwest corner of said Anna Realty tract and the southwest corner of Lot 1, Block 1, Anna Elementary School #2 Addition, an addition to the City of Anna, Texas according to the plat recorded in Volume 2006, Page 364 of the Plat Records of Collin County, Texas; THENCE, South 88 degrees, 04 minutes, 45 seconds East, along the common line between said Anna Realty tract and said Lot 1, Block 1, a distance of 307.58 feet to a point for corner; THENCE, South 02 degrees, 04 minutes, 58 seconds West, departing the said common line between Anna Realty tract and Lot 1, Block 1, a distance of 296.43 feet to a point for corner; THENCE, North 87 degrees, 55 minutes, 02 seconds West, a distance of 97.95 feet to a point at the beginning of a non -tangent curve to the left; THENCE, in a westerly direction, along said curve to the left, having a central angle of 82 degrees, 49 minutes, 00 seconds, a radius of 50.00 feet, a chord bearing and distance of South 87 degrees, 32 minutes, 39 seconds West, 66.14 feet, an arc distance of 72.27 feet, to a point at the end of said curve; THENCE, North 40 degrees, 40 minutes, 20 seconds West, a distance of 18.09 feet to a point for corner; THENCE, South 88 degrees, 56 minutes, 17 seconds West, a distance of 116.82 feet to a point for corner in the said east line of South Ferguson Parkway and in the west line of said P&R Anna Realty tract; THENCE, North 01 degrees, 39 minutes, 56 seconds West, along the said east line of South Ferguson Parkway and said west line of P&R Anna Realty tract, a distance of 105.82 feet to a 1/2-inch iron rod found at an angle point; said point also being the northwest corner of said P&R Anna Realty tract and the southwest corner of said Anna Realty tract; THENCE, North 01 degrees, 27 minutes, 42 seconds West, continuing along the said east line of South Ferguson Parkway and the west line of said Anna Realty tract, a distance of 136.91 feet to a 518-inch iron rod with "WESTWOOD PS" cap set at an angle point; THENCE, North 02 degrees, 45 minutes 20 seconds East, continuing along the said east line of South Ferguson Parkway and said west line of Anna Realty tract, a distance of 51.68 feet to the POINT OF BEGINNING; CONTAINING, 88,366 square feet or 2.029 acres of land, more or less. rl(70� - a 0 1 Page 2of5 11 Mg- /ZO/ 9 WWI goo ITO — F I -A 'AAI*o 4 - T � � 17- Page 3 of 5 PROPERTY OWNER RESPONSE FORM U I favor the proposed zoning change. ❑ 1 oppose the proposed zoning change. ❑ I have no opinion regarding the proposed zoning change. Reason(s) for above opinion: VAS i i I �)e A n oo (seat&i add re- s �) ) Address (Street/Roacl, City, Zip)' II)G k6x 1y�1 ,I uS Pe.r� x(hus ine- SS Please return form to: � � a�r� S5 City of Anna .�c6YVtI a(Icks SS pn enquILe. Planning and Development Department POB 776 (or 3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 Or bring form to public hearing (meeting time and place attached). Page 4 of 6 PROPERTY OWNER RESPONSE FORM I favor the proposed zoning change. ❑ I oppose the proposed zoning change. ❑ I have no opinion regarding the proposed zoning change. Reason(s) for above opinion: Signature % d r .l / -5-0 z Adddress (Street/Road, City, Zip) Please return form to: City of Anna Planning and Development Department POB 776 (or 3223 N. Powell Parkway, if hand delivered) Anna, TX 75409 Or bring form to public hearing (meeting time and place attached). Page 6 of 6