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Home My WebLink About2004-05-11 Regular Meeting Packet9 ITEM tea. Public Hearing: ,To consider public comment on a4 zoning request by Gordon Davis on behalf of Primrose Partners, for Planned Development (PD) zoning of an approximately 106.5 acre tract located on the south side of E. White Street (FM 455) located adjacent to and west of Wildwood Farms Estates. The zoning request includes 20 acres to be zoned for General Commercial uses and approximately 85 acres to be zoned for single family residential uses. 9 ITEM b. Consider action on a zoning request by Gordon Davis on behalf of Primrose Partners, for Planned Development (PD) zoning of an approximately 105.5 acre tract located on the south side of E. White Street (FM 455) located adjacent to and west of Wildwood Farms Estates. The zoning request includes 20 acres to be zoned for General Commercial uses and approximately 85 acres to be zoned for single family residential uses. Petitioner seeks zoning for 20 acres of a 105.5 acre tract as commercial. The zoning regulations for the commercial part of the tract would conform in all respects to the C-2 General Commercial regulations, except that the following uses would be revised as follows Radio, TV or microwave operations, ama#eur Radio, TV or microwave operations, commercial Transit station or turnaround Automobile and trailer sales, new Motorcycle sales and service Boat sales and storage UP Permitted with S Not permitted Not permitted Permitted with SUP Permitted with SUP Permitted with SUP Petitioner seeks zoning. for the remainder of the tract as SF-60 Single Family Residential (6,000 square foot minimum lot size). The zoning regulations for the single family residential part of the tract would conform in all respects to the SF-60 regulations, except as follows: • Side yard setbacks on interior lots would be a minimum of five feet (5"). • At least 70 percent of the lots in the residential part of the subdivision shall be at least 1,600 square feet living area., The minimum house size for the remaining lots would be 1,200 square feet. 2y AD ti 1 40"s y' rrrrswnuirw PMINOR . AID.Z z to INC I rtiOt 13 Q a F ' n ppQQ •• maQ ' 0 0 0 o Q 4 CCZZ h02 lei Z — Flu Q zt a <� ORION22 ; so EARN Also p KV 1=0 �Y ai < uMr s rr�rvir �� _ g�Q o <p r • O nOld, Q n ZO ' • _ h� o• � r ow CEO m uWr Z< 0} 0> Jz ". �< �Z o a ' oz ONION •ov arrnu at � s W a► Not flow 0 AS ON err► N A 8 ■ MINOR �!� se OPEN a' INS ° .g itQ a r o iAIIII 2 A IS < IS low 'RP AS ro t o • z + Aao _ Q J ' rQj ii ` • . . a7sOtoo-Oo e a eK r Tr i ,, A ■'ti Qwtl"%lwtl/tl}i a-fi 1"' r .. N i i OOtSo - a i r ' K CITY OF ANNA, TEXAS ORDINANCE NO. ZONING — I Us 75 ACRES (DAMS) AN ORDINANCE 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: � Secfion 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, as Planned Development No. 26-2004. The Planned Development shall include the following elements. Commercial Element The commercial element of the PD includes 20 acres and is located along the north edge of the property, along E. White Street, as graphically identified in Exhibit B. Except as follows, all provisions of the Anna Zoning Ordinance as related to the C-2 General Commercial zoning district shall apply to the commercial element of this planned development. The exceptions are as follows: Schedule of Uses Radio, TV, or microwave operations, amateur Radio, TV, or microwave operations, commercial Transit station or turnaround Automobile and trailer sales, new Motorcycle sales and service Boat sales and storage Permitted with a Specific Use Permit Not permitted Not permitted Permitted with a Speck Use Permit Permitted with a Specific Use Permit Permitted with a Specific Use Permit Residential Element The residential element of the PD includes $5.5 acres and is located in the area graphicalty identified in Exhibit B. Except as follows, all provisions of the Anna Zoning Ordinance as related to the SF - 60 Single Family Residential zoning district shall apply to the commercial element of this planned development. The exceptions are as follows: y C:iDocuments aW Seffitw LaeI ft D=nvntsV1ma MgAADevekp~t-Planning 1ssu9sV&dn9VW4t044)avis (FWnv0w)109- Zw Ord 106.2003. docC:lDo=nw is and Settingslee l ft Documents wa WM)evekwMnt-Planning 1ssues1Zoning120WVW Davis (PdnYvw)109-Zon Ord IW2003.doc Page 1 of 2 Side yard setbacks shall be a minimum of five feet (5) The minimum house size for at least 70 percent (70%) of the lots shalt be 1,600 square t living area. The minimum house size for the remaining 30 percent (30%) of the lots shall 1,200 square feet living area. �v�nr��t ✓s' All provisions of the Zoning Ordinance of the City of Anna not in conflict with the provisions of this section shall be applicable to the tract described in Exhibit A. Section 2. The official Zoning Map of the City of Anna shall be corrected 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 by the City Council and approval by the Mayor. PASSED on #his the 27th day of April, 2004, by the foNowing vats of the City Council of the City of Anna, Texas. AYE NAY ABSTAIN Mayor ATTEST: City Secretary C.•IDocr�rnents and SelfingslLeelUNq DocumantslAnrra nA�#t"Dev�eropme�rt-Ptannir Zon Ord IOt3.MMdwC:lDocrrnrents and SefffrW aeMy D=nwntst4wa tvlg! Davis (Pnmrose)t09-Zon Ord 10&200ldoc Page 2 of 2 ...... .... _.. i 'l rid• � ��Iw�� t • O ®} 1 tD � 44 • , in i LLA r ) 1 s • t • � V v ' =E N vlob �t ttZt _ J V LLJ t = � ! \ 1 1 LIQ 1 t ! 1 ) t L J s ;Y1:1 :F q• •u Y• � .• V. h. .'.�� L :1 � - '' ' iY � _ _�� lrosth i dag. 3S aiu. ZO ac. Rsst� i/S.2i last rltll the acs�► lat to an iron pin zotstsd Sri tha Qast iirts of said O.TRa ac rosYsae o� the Dsggy Povall a�sd Holrtria IlcCartrts�r 7i.700 ■�. rt. TfISDiCt IIott?t i9 dsg. 32 sin, ai sea. 3sst, 2IIl.li tNt Muir the a4• Et. lat Co sa Iran piri tauad at the santhsaat Cassias of.asl� tAs Nset Iias of tha �Y J. I�l,isat 3.saa acs tract, list. Dee, S7tII2tG3 Routh 1 dsd. 2? mta. 7a are. Meat. i/S.l! Sae rdttt tha 7 asrs tract to art iron pia lourtd st the souciMtaat owner at acid 'rrl=gCR ltorth a! +3sq, li sir:. S2 •eC. Tisatr 1l1.2� tset rith the acts trace to tet iron parr tattrsd at eha Sauthaart corner of said :tarca-8os�eh t dsq. 22 aria. t7 rse. Bast. 7sa.ss tact -with tt►a R aciy tract W art 3raq pia ta<md at ilia � eases o! sal, said Routh 7t.0.ri. liner T7fRR!'� Borth 99 drg. 3i atiu. 77 Me. Bust. i9o7.ii lsat �drst ar is�an girt aael '�C't ltortlt fi dag. li uiu. 13 are. Rant, 2?T.15 fast with ui p:.i1C= err D :1td oo�iAi� Sa3.i73 aasaa of land. corn Q i �, �'�`� ... arrC I3rss of said 0.7oa . � lat aad at tht 3asrtlweat rt. Bat. Doe. f?-Oat33iL� iauth Iiae a! a>�Sid IR, 30D f 35,30o aq. IIt. iat aa4 3a �! !e. 17-00?700I - at iiaa or said 1.5oa .900 srra tsaett atith line of raid 2.3or .sa0 aesa exaztr tt liar of said i.SOa l:Sa� .err tract ana is l tiouth R.O.>t. liaa to tlsa Leas. �:.:. .;<. 10. Public Hearing: The City of Anna will hold the second of two public hearings regarding annexation of the following tractllocation. A 59.574 acre tract in the G. Stark Survey, Abstract No. 798, owner being Ann Warren Hayslett, located on the south side of E. White Street (FM 455), south of Wildwood Estates subdivision and east of Town Center area. This tract •is located immediately east of and adjacent to the proposed New Town Center project. The property is under contract to a developer who is proposing single family residential development on the tract. The area is on the City's Land Use Plan as low/moderate density residential. �,:�-a-'�-T}?"ti:=:�Y�•�n�:'�'�""";=L+Sx�'�:�..��_ _ .�,sv:'rs.:;, �,:r.ssr•. __�^�..._ - ,s.1.ro.., .._,y..__ .i,;_.�•��_ F' 0 v u 3 3 I�RR-25-�� 0�.1� �or#�g Canpan� t`F��14. 5� � P `9�3 �� -a: ., ils. ti; a., - a+ t ..� - a sJ,tupted Sn tea Cvurnig ni dulliA. 4`tatr of Tema_ bcin8 3 t+srt ri yes', GrandaraQn Stark �+K,T. Rbatraet Na. F98• elect being a a+.rt of tba lZi.jB�i atcc9 tract of iaat! dC@Ci'tnCd =s Trrt'E Ita. o in �,seasa� 'si2rreni� Deed tlaied Scilg �7. ty� %m Naacx Ative tieaaarst to Riot Eliaebatb �sx�: Ins'ti'1JnaF1't 8'�, 9SO444��'. v'oliin Cotmty [mod Recatzi�_ 3nQ Daiag aorE i.�artira�lar3y dercribci ae Sollatm tp-wi v: - : a► .. -� - ri �t�, _ - - - .a r - - 'L7D;tiCE N8stk. a dia#aztCB Ct 925.�2 St. to & j inak 4tea1 trod o2t Sn t17e North liao aS sefd i�j' .j8ry �� {�� • T�tCg Horth 89 dZg. 56 ain_ its ssie.- b:w'r. uitt2 *.he N�Yttf L•.rre: ctf sei3 z2�.,380 acres tract. a diBtenne oS fi4?-63 1;'t, to a ::ti,ei rod. i'4URC ;cl n Pan�:r 9alA �'� one' �II-�3.ZC I3Cfnt i.tt Lh9 Siofrth L1nE cF :scisi 7�.j�iQ PoiB tix'erts t&ENG� in ,� Southeaeterl� �isrectinn. tditt s ? Q:tGd GEiniaininr� �.+ir 8ort.k lice ut naid 'ie�_,�SE} acre izaet- ttte fal2cxia8 cat2s � di,sth[icas: 8onth 6� elegy. �7 m:n. 52 sac.. sea+. n dsats:lce vF 3i9.31 tt- �a 8 atee? ro�3 t`suod; Sasreh 92 de(i, � rr3n. sfs �. r«au{- � dlBGueoe et i`b3 23 is :v es .teseF,j sbfl Pound: 3auth T2 deg. � ain. u? HBc. Eeat. � dia#ancu ai �-;;; t's. x a n'tee1. rod fe:uraat t - �� - aa ,.e - :e � � -- - •� a _ I. Jerry P. lsora{�.Y�.. �g_�;prfld �eT:C�ss_orsn] Lfrx' 3�re;:ar !s�ra4y ;=ert=�"{ tha'� 't.�te ttbtive field naive :+��•t pret�.u-eli from s �rzr-y mr,le �n tha �:=Quad �s !fie Y6 th d�ia O! 1ltsy Y9�& .s:u+ srq tr+l� sa.�+ ,=:.r`t'�:G 1.v ':,e L�at �' � tmorrirdBc and belioi, ITEM 11. Consider action on preliminary plat for West Crossing. The proposed preliminary plat includes approximately 1240 lots on 30$.0168 acres. The tract is located on the west side of Slayter Creek, running from W. White Street on the south to the north edge of the ISD property on the north. The Planning and Zoning Commission recommended approval of the plat with some revisions from original submission. The primary revisions include: • Making the east -west collector street (extension of Hackberry Street) a continuous roadway, rather than an offset roadway. • Making the east -west and north -south collector streets 80' right-of-way, rather than 60" right -of --way. • Eliminating residential driveways on collector streets. The developer has met all PZC requests and we recommend approval of the plat based on the PZC recommendation. CITY OF ANNA, TEXAS AN ORDINANCE AMENDING ORDINANCE NO. 2001-01 (SIGN REGULATIONS); PROVIDING FOR A SAVINGS CLAUSE; SETTING AN EFFECTIVE DATE; AND PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR VIOLATION OF THIS ORDINANCE. WHEREAS, the City Council of the City of Anna has determined that the regulation of signs is necessary to the orderly growth, aesthetic appearance, and welfare of the community; and WHEREAS, the City of Anna currently has no regulations relating to signs; now therefore BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. OFF -SITE SIGNS Section 46 of Ordinance No. 2001-01 is amended by adding the following: Off -site outdoor signs are prohibited�ThW term "off -site outdoor signs" shall include igns pai snted on structures and fences. SECTION 2. TEMPORARY PROMOTIONAL SIGNS Section 49 shall be added to read: Temporary promotional signs for residential subdivision developments shall be restricted to subdivisions located inside the corporate limits of the City of Anna. The Code Enforcement Officer is authorized to remove signs that are in violation of this provision. SECTION 3. DIRECTIONAL SIGNS Section 50 shall be added to read: A. Approval and Construction ?Cci/1 h 1 . All signs shall be constructed by the City. 2. A developer shall be required to pay a fee for inclusion on the sign at a rate that is 10% higher than the percent of spaces on the sign allocated to the developer. (For example, a developer placing data on a six -panel sign would pay 1/6 of the construction cost of the entire sign, plus 10% for administrative costs.) 3. Private development signs shall expire after twelve months; however, a developer may apply for administrative approval of extensions not to exceed six months each. If approved, the developer shall pay a fee equal to one-third of the original price for placement on the sign. Extensions shall not be allowed for any subdivision that has sold more than 75% of the lots in the subdivision. 4. Signs shall be ordered and constructed upon a subscription basis, such that all fees must be paid in advance. Further, should an insufficient number of participants pay fees, a sign shall not be constructed and fees paid shall be refunded, less a 10% administrative fee. B Design Requirements Design of signs shall be determined by the City; sign design shall be generally uniform throughout the city. C. Location of Signs 1. The City shall determine the locations at which signs may be placed. 2. Signs shall be placed outside any adopted visibility triangle. SECTION 4. PENALTY Any person, firm, corporation, or association violating any provision of this ordinance shall be deemed guilty of a misdemeanor and shall upon conviction thereof be fined in the sum of not more than two thousand dollars ($2,000.00), and each day a violation of this ordinance continues shall constitute a separate offense. SECTION 5. SAVING If any section, article, sentence, or part of this ordinance is in conflict with any State law of the State of Texas or is hereafter adjudged invalid or unconstitutional by a court of competent jurisdiction, such conflict or adjudication shall not affect the validity of this ordinance as a whole, or any such section, article, sentence, or part hereof not so adjudged in conflict, invalid, or unconstitutional. SECTION 0. CONFLICTING ORDINANCES AND REGULATIONS REPEALED All ordinances and/or parts of all ordinances in conflict with the provisions of the sign regulations herein are hereby repealed. SECTION 7. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage, approval, and required publication. PASSED on this the day of May, 2004. ATTEST: CITY SECRETARY ITEM 16. Discuss and give direction to Administrator regarding drainage and roadway improvements along north edge of Anna ISD — High School property and south edge of Rudman Partnership 159.240 acre tract. We have recently met with ISD officials and consultants. The discussions thus far have not been very fruitful. The basic facts are these: • There is significant existing sheet -flow of water across the school property. There is some channeling of that flow to the west of the high school building but there is also substantial water flow across other areas of the property. • There will be an approximately 75% increase in the flow when the property to the north of the school develops. The amount of increase will depend on the type of development that occurs. • Channeling the water flow (for a fully built out drainage area under 100 year storm conditions) across the ISD property in the general area where it currently flows will cost approximately $100,000 and create a channel approximately 50 feet wide at top and 6-8 feet wide at bottom. It would be concrete at bottom. • The ISD does not want an open ditch across its property. • The option to an open ditch is a 6' — 8' diameter pipe in same location, at a cost of approximately $900,000 - $1,000,000. We cannot build the roadway across the north side of the ISD property or the south side of the adjacent Rudman tract until this issue is resolved. This roadway is our access road to the new park site. The ISD's preferred option is for the City to build the roadway, collect all water from the north at the north side of the roadway, divert the water in a large ditch (large in this case means a ditch that at the west end will be 10-15 feet or more in depth and approximately 70-80 feet wide) along the north side of the road (on Rudman), then take the water south through an even larger ditch in the existing Slayter Creek drainageway. As best we can determine, this is not a feasible alternative for the City. We need some direction from the council on this matter. ,� � �� ,canwaa Inc �as� . .� ii ,�,p�►,r�as ate; -a�� sa. �� /1� �- IVt �'dl'n�� Y�V'a ��ls'i -- 1� a. � • 3�. �� A C... �• a►• _ ' :�91--8ic'' . .�, • .:. � � .�' �a�'�N Jam'<: �� qb� pttozgq ,'"�. �, Ilt�'S . orry uwnss AliB--�'� 09Q A0.1 l5 AC3 _� .. .- _. .• IMM1�N •AIIK ANTI. T �, O n .� 5 �"i' 1 � 1�.�. gU'�NE•MQl�I!ltt�N• SURYEY C C Item 17. Discuss and give direction to Administrator regarding drainage and road improvements on CR 371. The ISD will be starting construction shortly on an elementary school to be located on the tract indicated on the attached map. The foadway connecting the school site to both N. Powell Parkway (SH 5) and US 75 is a gravel road. The City has no short term plans to make improvements to this road. Unless otherwise directed, we will handle the improvements to this roadway in the same way as for any other development project. In fact, the situation here is virtually identical to the CR 366 situation at the south end of town. The road is primarily within Collin County jurisdiction. The road is on the County Thoroughfare Plan and the City of Anna Thoroughfare Plan. The county will participate in improvements to the road if the City will secure the right -of --way for the entire roadway (from SH 5 to US 75) and will pay for the materials for the improvement project. If the City wants to remove the four 90- degree turns in the existing roadway, a significant piece of the right -of --way for this roadway is completely new right-of-way and is likely to involve significant costs. We need some direction from the council on this matter. C- _ _ e — � _._- a G � s ^ , - c a � x � -� (,'� - __ _.. -�„_„J .,L -- --- � � �,.� � o �� - - o --------- --- ._ _ o �j p _.-_. � - n � �; .. . .. �,—�! l �. __ — _� C'') -� �� ;-' � C �7 ..__..__-.__ _.... RT"` ._ lV O H d� 7-a' 1 ,L rim _� _- -��. _, _ .. _-. Item 18. Consider action as desired regarding right-of-way acquisition and railroad crossing permits/applications along east side of N. Powell Parkway at south edge of J. C. Brantley Survey (A-114) and north edge of G. Morrison Survey (A-559). r. The City's Thoroughfare Plan includes a rail crossing at the location indicated on the attached map. As part of the agreement with the owner of the Sweetwater Crossing property, there is to be a rail crossing at this location. To get a rail crossing here we must acquire the right -of --way on the west side of the railroad. To this end we have had the area surveyed, with a copy of the survey attached. Unless otherwise directed we will continue actions required to secure the right -of --way required for the roadway. The item is on your agenda so that you can legally discuss the matter and take action(s) if desire. r&m F 4c <m AliJI wl: pie y w Mk •o =so 0 *o lip in a tea' aQ �`, t x' 1. ^: A m rz 2 6 rti0 w 7 O x b� tl i `�� • _ C Cy }ei' � _ i3.rY Insrs�!f 1M71rFfAt'1 •tom. Ic 2 O or�'v 2 cR o it tz n 1q va c 40 11 H o w 4 �Y Hit10N 9[' �► '�Q T N { * act ONO IG Z ' O iQ �1% t� tt a it c• ` - R� aooN a AL Mi s { }•' rw. h, ti n �a�� '� y 3x o •`d' '�a tr c i `3 tt3 - - 6}e 4 �xtu ti yttZt xR� t H t Ktk u'trr ts* T a .' tie o ti .. .is Gtat`,�a;,a�`a..�"`. °V�K �,-Z�:izM1.n4...�. ..fK�c.,;,..i`.....�:,•a., .h�� . �_� N�• 11� s es•� � ---- ai--g---.�_ _. ,. 0.36 ACRES -5..._ SUAVEY`UNE �_ .`_ tMLLiAM GENTLY POWELL, JR. VOL. 2562 PG. 492 COLLIN CO. DEED RECORDS --,,, "eo•trw t� '•..• .,.• • • � � • - • i • " • • • M 11 . .• ..I �p��c N tl m N O G m r ))__ t vJ 0 �' 1 _ _-------�'I N SURv�� No• 5'9 �-�;rr��.� FIELD NOTES , From a survey of 0.38 sores of land In the City of Anna, CoAln County, Texas, out of the Gwyn Morrison Survey, Abstract No. 559, and the Jaslah Brantley Survey, Abstract No. 114, part of a traot of land oonveyed to WilAam Benty PoweA, Jr., by deed recorded in Volume 2562 at Page 492 of the CoAin County Deed Records, and being more particularly descried as follows: BEGINNING in the F.aat right-of-way Nne of State tiighwey 5 at the Nortt►weat comer of a tract of lend conveyed to James L. Underwood and wife, Carolyn Y. Underwood by dead recorded at Clerk's File No. 94-0078882 (Tract One) of the CoWn County deed Records, and being Northerly with a curve to the Taft having a raduia of 3,35B.2 feet,168.9 feet tram an iron rod found at the Southwest comer of the Underwood tract; THENCE Northerly with the East right of-wav Ana of the hiahwav a curve to the left having a radius 3,358.2 feat. passim the Soulh tote