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HomeMy WebLinkAboutOrd 1023-2022 Rezone 1.2+_- Acres, SE Corner of E 4th St and S Sherley AveCITY OF ANNA, TEXAS (Property zoned under this ordinance is located at the southeast corner of E. Fourth Street and S. Sherley Avenue.) ORDINANCE NO. _ ICE oZ--,� -- 2G 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 is requesting a zoning amendment on Property depicted in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property is located at the southeast corner of E. Fourth Street and S. Sherley Avenue; 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 (the "Anna Code") are hereby amended by amending the zoning of the Property depicted in the Site Plan on the attached Exhibit 1. 1. Purpose. The purpose of this Planned Development (PD) District is to facilitate the development of the park, playground, and service yard of governmental agency with modified development standards. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. A. The location of the PD District shall be in substantial conformance with the Site Plan (Exhibit 1). 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, coverage, floor area ratio, parking, access, screening, landscaping, accessory buildings, signs, and lighting, set forth in the CBRD Central Business Redevelopment District (CBRD) and the Planning and Development Regulations except as otherwise specified herein. 1. Maximum height: Structures located on the service yard (Block A, Lot 2) are exempt from the maximum height allowance. 2. Setbacks (front and side): a. 0' front yard setback along all rights -of -way b. 5' side yard setback. 3. Screening device requirements: a. Screening shall not be required along the eastern zoning district boundary. b. Barbed wire fencing shall be allowed on the service yard, Block A, Lot 2. 4. Landscape setback on street rights -of -way: PD is exempt from the 10' landscape buffer requirement. C. Plats and/or site plans submitted for the development of the PD district shall conform to the data presented and approved on the Site Plan. Substantial changes of detail that differ from the Site Plan may be authorized by the City Council with the approval of a Revised Site Plan and without public hearing. Section 3. Official Zoning Map E 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 13th day of December 2022. EXHIBIT A i.----------------------- - - -' ----------- N LEGEND Fourth treet / 7 s. ul t I I ((11 EXISTING SYMBOLS LEGEND ♦�// zZ n Co 7 I ' a BLOCK A I W' j' 01AMB L W V _ R• I I ncci SITE DATA TABLE Z ,II i I✓ - — zPa.ar .m...,,. �fI � - ,• •• RIP'40P ANNA N I' tr fa I - a V01 . Pg. Jfib. Lot Z -0 R.L.C. i. 9AJ1A� I / IB,93 SP _ 6 j Ng0.4T01'E 2G0.00' I 'y I� Y.CSYT gal S�ACE j FEE SITE PLAN Fifth Street SHERLEY PARK ADDITION (called eo' right -or -.a,) BLOCK A, LOT 1&2 �� I •, 1.343 ACRES SITE PLAN ANNA, TX, COLLIN COUNTY ANNA ORIGINAL DONATION BLOCK 13 LOT I _--,—,_ OECEMSER 2,202.2 SP 1.0 NVM Ww N1MVM Ye4NTPm vmeP.e ee. e,ym�veavh. OMIMP.v .. e.sre..ra�ee e IIR/Prt p..w ee..ptl�Y.iW G weae.e o. u.. oxmaxr. awe. CITY OF ANNA PLANNING & ZONING COMMISSION November 7, 2022 Public Hearing: Rezoning — Sherley Heritage Park Applicant: City of Anna DESCRIPTION: Request to rezone 1.2± acres located at the southeast corner of E. Fourth Street and S. Sherley Avenue. Zoned: SF-1 Single Family Residential. Project Contact: Greg Peters, City of Anna. REMARKS: The applicant is requesting to rezone the subject property to a Planned Development District "PD" to allow for a park, playground, and service yard of governmental agency with modified development standards. A PD is intended to provide for combining and mixing of uses allowed in various districts with appropriate regulations and to permit flexibility in the use and design of land and buildings in situations where modification of specific provisions of this article is not contrary to its intent and purpose or significantly inconsistent with the planning on which it is based and will not be harmful to the community. The subject property is currently developed as a city park with ground storage tanks and ground water wells. A concept plan (Exhibit A) accompanies this request. Surrounding Land Uses and Zoning North Across E. Fourth Street, vacant property previously used for commercial business zoned SF-1 Single -Family Residential District SF-1 East Single-family residences zoned SF-1 South Across E. Fifth Street, Religious facility zoned SF-1 West Across S Sherley Ave D.A.R.T. right-of-way REQUEST: In order to accommodate proposed and existing park and service yard improvements the city is requesting to establish a PD with a base zoning of CBRD Central Business Redevelopment District (CBRD) with modified development standards. The development standards that the city is requesting relief from include: 1. Maximum height: Structures located on the service yard (Block A, Lot 2) are exempt from the maximum height allowance. 2. Setbacks (front and side): a. 0' front yard setback along all rights -of -way b. 5' side yard setback. 3. Screening device requirements: a. Screening shall not be required along the eastern zoning district boundary. b. Barbed wire fencing shall be allowed on the service yard, Block A, Lot 2. 4. Landscape setback on street rights -of -way: PD is exempt from the 10' landscape buffer requirement. SUMMARY: Request to rezone 1.2± acres located at the southeast corner of E. Fourth Street and S. Sherley Avenue. The City is requested to rezone the property to a PD to accommodate existing and proposed improvements to the property. RECOMMENDATION: Recommended for approval subject to City Council approval. ZONING - SHERLEY HERITAGE PARK PAGE 2 OF 2 Aw Zoning - Sherley Heritage Park 0 t c .� fjY E3 .!. 'K'+'•; Jlt`t?' .. Orr I _ram qp + II "' _ ►ems J;'.- �._ >r. ❑ I I�� t '. `�04 - _ 4 ©Vt:J.•.4nLIWC111 �•- _ � f• •_ t. P .J h a "pp. Air TtiE CITY OF _ t a = Anna — as a�Subject _ • CityLimits Property _ ETJ - 4 r fatal C-1.... .. • " 0 100 200 400 j��6q�l�a�� `t� t' �. rk,i •, r Feet • tau . 'P{ .:.J Jy: C7 - .n . .. - •,� `�,�~� \\ a+. AN " October 2022