HomeMy WebLinkAboutOrd 1129-2025-01 Rezoning Property at Walmart Adding Drone DeliveryCITY OF ANNA, TEXAS
(Property zoned under this ordinance is generally located on the west side of Buddy
Hayes Boulevard, 265± feet north of W. White Street
ORDINANCE NO. 1 12 ci Z cr Z S 0 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 request to amend the zoning and development regulations in
Ordinance No. 648-2014 as amended from Matt Philpott (Walmart Sr. Project Manager) on
Property described and depicted in Exhibit 1 ("Property") attached hereto and incorporated herein
for all purposes as if set forth in full; 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") and Planned Development (Ord. No.
648-2014) are hereby amended by amending the zoning of the Property as described on the
attached Exhibit A and depicted on the attached Exhibit B.
1. Purpose.
The purpose of this Planned Development amendment is to add an accessory use of
commercial drone delivery hub to the existing retail building site.
2. Definitions.
Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning
Ordinance shall apply.
Commercial drone delivery hub — An area of land, structural surface, building, or
structure with one or more designated drone staging areas for use by unmanned aircraft
systems (UAS) approved by the Federal Aviation Administration to distribute commercial
goods by air. This includes any appurtenant areas used or intended for use for unmanned
aircraft system buildings, structures, and other facilities.
3. Development Standards.
A. The location of the commercial drone delivery hub shall be designated on an approved
site plan and shall not be placed:
1. Within any required building setbacks;
2. Within any required landscape edge;
3. Within fire lanes, easements, maneuvering aisles, customer pick-up lanes, or
required loading zones and parking spaces; or
4. So as to obstruct visibility or interfere with pedestrian or vehicle circulation.
B. Standards and Area Regulations: Development must comply with the development
standards for use, density, lot area, lot width, lot depth, yard depths and widths, building
height, building elevations, coverages, floor area ratio, parking, access, screening,
landscaping, accessory buildings, signs, and lighting, set forth in the Regional
Commercial (C-2) zoning district and the Planning and Development Regulations
except as modified per Ord. No. 648-2014 and as otherwise specified herein.
1. Retail standards:
i. Commercial drone delivery hub is permitted as an accessory use on
Walmart Anna Addition, Block A, Lot 1.
2. Commercial drone delivery hub standards:
i. Commercial drone delivery hub area shall not exceed 5,000 square feet.
ii. Screening: A minimum eight -foot -tall (8) black ornamental screen shall
be provided around all outdoor storage areas.
F,
iii. Additional landscaping within or adjacent to the landscape buffer shall be
provided along Buddy Hayes Boulevard to create a screening effect of the
commercial drone delivery hub equipment and must contain:
1. One (1) canopy tree per 40 linear feet of street frontage and
2. One (1) ornamental tree per 20 linear feet of fencing around the
commercial drone delivery hub.
iv. Parking: No additional parking spaces are required.
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. Notwithstanding any provision of this ordinance or the Anna Code, it is intended that
this ordinance fully comply with Chapter 3000 of the Texas Government Code ("Chapter
3000") and this ordinance shall and the City Code shall be interpreted in a manner to comply
with Chapter 3000. For the purposes of this ordinance, any provision of the City Code that
does not comply with Chapter 3000 shall be deemed to have been excluded and not a part of
this ordinance.
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 2025.
ATTESTED:
Carrie L. Land, C
NAI
APPROVED:
* ete Cain, Mayor
4
Legal description of the land
BEING a tract of land situated in the Thomas Ratton Survey, Abstract No. 782, and the W.S.
Ratton Survey, Abstract No. 752, City of Anna, Collin County, Texas, and being all of a called
18.551 acre tract of land described in the deed to Wal-Mart Real Estate Business Trust,
recorded in Instrument No. 20150602000647410, Real Property Records of Collin County,
Texas, and a portion of a called 107.52 acre tract of land described in the deed to Q
Seminole Anna Town Center, L.P., recorded in Instrument No. 20080128000100640, said
Real Property Records, and being more particularly described as follows:
BEGINNING at a 5/8 inch iron rod with plastic cap stamped with "KHA" set for the southeast
corner of said 18.551 acre tract and on the northerly line of F.M. 455 (White Road), from
which the southeast corner of said 107.52 acre tract bears North 88002'21" East a distance
of 240.37 feet, South 86053'28" East a distance of 211.81 feet, and South 79025'49" East a
distance of 46.42 feet, said southeast corner of said 107.52 acre tract being monumented
by a 1/2 inch iron rod that bears North 00014' East a distance of 0.36 feet;
THENCE South 88002'21" West, along the southerly line of said 18.551 acre tract and along
the northerly right-of-way line of F.M. 455, a distance of 169.65 feet to 1/2 inch iron rod with
plastic cap stamped "GEER 4117" found for corner;
THENCE South 85133'01" West, continuing alongthe southerly line of said 18.551 acre
tract and along the northerly right -of- way line of F.M. 455, a distance of 1.24 feet to a 5/8
inch iron rod with plastic cap stamped with "KHA" set for the southern -most southwest
corner of said 18.551 acre tract, from which an aluminum TxDOT right-of-way monument
found at the southern -most southwest corner of said 107.52 acre tract bears South
87015'24" West a distance of 182.35 feet;
THENCE North 1 °56'25" West, departing the northerly right-of-way line of F.M. 455, along a
westerly line of said 18.551 acre tract, a distance of 287.52 feet to a 5/8 inch iron rod with
plastic cap stamped with "KHA" set for corner;
THENCE North 89046'13" West, along a southerly line of said 18.551 acre tract, a distance
of 215.11 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner at
the beginning of a tangent curve to the right having a central angle of 45024'44", a radius of
360.50 feet, a chord bearing and distance of North 67003'51 " West, 278.31 feet;
THENCE in a northwesterly direction, continuing along a southerly line of said 18.551 acre
tract, and with said curve to the right, an arc distance of 285.73 feet to a 5/8 inch iron rod
with plastic cap stamped with "KHA" set for corner at the end of said curve;
THENCE South 5300311 " West, continuing along a southerly line of said 18.551 acre tract,
a distance of 99.23 feet to a 5/8 inch iron rod with plastic cap stamped "KHA" set for corner
at the beginning of a tangent curve to the right having a central angle of 04131'07", a radius
of 546.50 feet, a chord bearing a distance of South 55018'44" West, 43.09 feet;
THENCE in a southwesterly direction, continuing along a southerly line of said 18.551 acre
tract, and with said curve to the right, an arc distance of 43.10 feet to a 5/8 inch iron rod
with plastic cap stamped "KHA" set for corner at the end of said curve;
THENCE South 57034'17" West, continuing along a southerly line of said 18.551 acre tract,
a distance of 151.77 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for a
salient corner on the westerly line of said 18.551 acre tract, and on the easterly right-of-
way line of U.S. Highway 75, from which an aluminum TxDOT right-of-way monument found
at an angle point in said right-of-way line bears South 33005'36" East a distance of 185.18
feet;
THENCE North 33005'36" West, along the westerly line of said 18.551 acre tract and along
the easterly right-of-way line of U.S. Highway 75, a distance of 57.00 feet to a 5/8 inch iron
rod with plastic cap stamped with "KHA" set for a salient corner on the westerly line of said
18.551 acre tract;
THENCE North 57034'17" East, departing the easterly right-of-way line of U.S. Highway 75,
continuing along the westerly line of said 18.551 acre tract, a distance of 152.43 feet to a
5/8 inch iron rod with plastic cap stamped "KHA" set for corner at the beginning of a tangent
curve to the left having a central angle of 04031'07", a radius of 489.50 feet, a chord bearing
and distance of North 55018'44" East, 38.59 feet;
THENCE in a northeasterly direction, continuing along the westerly line of said 18.551 acre
tract, and with said curve to the left, an arc distance of 38.60 feet to a 5/8 inch iron rod with
plastic cap stamped "KHA" set for corner at the end of said curve;
THENCE North 53003'11" East, continuing along the westerly line of said 18.551 acre tract,
a distance of 96.37 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for
corner at the beginning of a non -tangent curve to the right having a central angle of
35°30'28", a radius of 360.50 feet, a chord bearing and distance of North 17031,27" West,
219.85 feet;
THENCE in a northwesterly direction, continuing along the westerly line of said 18.551 acre
tract, and with said curve to the right, an arc distance of 223.41 feet to a 5/8 inch iron rod
with plastic cap stamped with "KHA" set for corner at the end of said curve;
THENCE North 0013'47" East, continuing along the westerly line of said 18.551 acre tract, a
distance of 363.50 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for
corner,
THENCE North 89046'13" West, continuing along the westerly line of said 18.551 acre tract,
a distance of 207.53 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for
corner on the proposed easterly right-of-way line of U.S. Highway 75 according to Notice of
Lis Pendens, recorded in Instrument No. 20150331000350710, said Real Property Records,
which discloses a certain Petition in an eminent domain proceeding numbered 002-00750-
2015 and styled The State of Texas v. Q Seminole Anna Town Center, LP, a Texas Limited
Partnership, et at.;
THENCE North 7036'50" East, continuing along the westerly line of said 18.551 acre tract,
and along said proposed easterly right-of-way line of U.S. Highway 75, a distance of 50.92
feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for the western -most
northwest corner of said 18.551 acre tract, from which a 1/2 inch iron rod with plastic cap
stamped "GEER 4117" found at the northwest corner of said 107.52 acre tract, bears North
8904613" West a distance of 39.78 feet, North 10028'35" East a distance of 546.22 feet,
North 06110'54" East a distance of 200.06 feet, North 07036'50" a distance of 1400.00feet,
North 0512750" East a distance of 400.28 feet, and North 10028,35" East a distance of
360.20 feet;
THENCE South 89046'13" East, departing said proposed easterly right-of-way line of U.S.
Highway 75, along the northerly line of said 18.551 acre tract, a distance of 229.49 feet to a
5/8 inch iron rod with plastic cap stamped with "KHA" set for corner;
THENCE North 0013'47" East, continuing along the northerly line of said 18.551 acre tract, a
distance of 13.00 feet, to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for
corner;
THENCE South 8904613" East, continuing along the northerly line of said 18.551 acre tract,
a distance of 452.85 feet, to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for
corner;
THENCE North 00013'47" East, departing the northerly line of said 18.551 acre tract, and
crossing aforesaid 107.52 acre tract, a distance of 86.00 feet to a 5/8 inch iron rod with
plastic cap stamped with "KHA" set for corner;
THENCE South 89046'13" East, continuing across said 107.52 acre tract, a distance of
498.17 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner;
THENCE South 0013'47" West, continuing across said 107.52 acre tract, passing en route at
a distance of 86.00 feet the northeast corner of aforesaid 18.551 acre tract, and continuing
on said course along the easterly line of said 18.551 acre tract, a total distance of 601.80
feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for corner at the
beginning of a tangent curve to the right having a central angle of 60017'02", a radius of
335.00 feet, a chord bearing and distance of South 3002217" West, 336.44 feet;
THENCE in a southwesterly direction, continuing along the easterly line of said 18.551 acre
tract, with said curve to the right, an arc distance of 352.47 feet to a 5/8 inch iron rod with
plastic cap stamped with "KHA" set for corner at the end of said curve;
THENCE South 60033'48" West, continuing along the easterly line of said 18.551 acre tract,
a distance of 6.34 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for
corner;
THENCE North 79055" 6" West, continuing along the easterly line of said 18.551 acre tract,
a distance of 30.84 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for
corner;
THENCE South 4903703" West, continuing along the easterly line of said 18.551 acre tract,
a distance of 69.97 feet to a 5/8 inch iron rod with plastic cap stamped with "KHA" set for
corner at the beginning of a non -tangent curve to the right having a central angle of
09004'37", a radius of 179.50 feet, a chord bearing and distance of South 35050'39" East,
28.41 feet;
THENCE in a southeasterly direction, continuing along the easterly line of said 18.551 acre
tract, with said curve to the right, an arc distance of 28.44 feet to a 5/8 inch iron rod with
plastic cap stamped with "KHA" set for corner at the beginning of a compound curve to the
right having a central angle of 29021'56", a radius of 90.00 feet, a chord bearing and
distance of South 1603723" East, 45.62 feet;
THENCE in a southeasterly direction, continuing along the easterly line of said 18.551 acre
tract, with said compound curve to the right, an arc distance of 46.13 feet to a 5/8 inch iron
rod with plastic cap stamped with "KHA" set for corner, -
THENCE South 01056'25" East, continuing along the easterly line of said 18.551 acre tract,
a distance of 151.55 feet to the POINT OF BEGINNING and containing 19.535 acres
(850,935 square feet) of land, more or less.
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