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Home My WebLink AboutOrd 881-2020 Rezoning Property at Rosamond and Ferguson Parkways (The Woods at Lindsey Place) CORRECTEDCITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located at the northwest corner and southwest corner of future Rosamond Parkway & future Ferguson Parkway) ORDINANCE NO. 881-2020 (CORRECTED) 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 rezoning on Property described in Exhibit 1 ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said zoning for Property generally located at the northwest corner and southwest corner of future Rosamond Parkway & future Ferguson Parkway is being rezoned from Agricultural District (AG) to Planned Development-MultkUse (PD-MU) which will include the following zoning districts with modified development standards; C-1 Restricted Commercial (C-1), C-2 General Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-60 Single -Family Residence District, (SF-60), SF-Z Single -Family Residence District - Zero lot line homes (SF-Z), and SF-TH Townhome District (SF-TH) on 275.0± acres; 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 changing the zoning to create a new zoning, as depicted in the Concept Plan on the attached Exhibit 2. 1 1. Purpose. The purpose of this Planned Development District is to facilitate the development of high - quality development along future Rosamond Parkway & future Ferguson Parkway. Within this District are permitted certain retail, service, office, and residential uses. 2. Definitions. Except as otherwise provided herein, the definitions in Appendix 3 of the City's Zoning Ordinance shall apply. 3. Development Standards. 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 C-1 Restricted Commercial (C-1), C-2 General Commercial District (C-2), MF-2 Multiple -Family Residential - High Density (MF-2), SF-72 Single -Family Residence District (SF-72), SF-60 Single -Family Residence District (SF-60), SF-Z Single -Family Residence District - Zero lot line homes (SF-Z), SF-TH Townhome District (SF-TH), and the Planning and Development Regulations except as otherwise specified herein. a. C-1 Restricted Commercial: 1. Additional Permitted Uses by -right: A. Child-care center B. Nursery school, kindergarten 2. Additional Prohibited Uses: A. Auto repair, minor B. Automobile service station C. Car wash D. Construction yard E. Electrical substation F. Gas Metering station G. Motorcycle sales and service H. Quick oil change facility Quick tune-up facility J. Tire Dealer b. MF-2 Multiple -Family Residential -High Density 1. Maximum height: 50 feet (3-story) 2. Maximum number of units: 600 3. Buffer: A 60-foot wide vegetative buffer shall be provided on the east and north sides of the district where adjacent to a single-family residential district. The natural tree line shall be preserved as a buffer and in areas where no trees exist, trees with a 3" minimum caliber shall be planted staggered at 25400t centers with an undulating berm a minimum of three (3) feet in height up to six (6) feet in height. The 60400t vegetative buffer shall count as the required "60400t setback from the adjacent property line for buildings in excess of one story in height". 4. Height: The height of any multifamily building sited on a lot adjacent to an area zoned for single-family shall be limited 2-story (35 feet) within 100 feet of the zoning district boundary or the lot on which the single-family dwelling is located. 5. Screening Fence: A. Fencing between single family lots and multi -family development shall consist of a 6' cedar fence with masonry columns at no less than 100-foot intervals. The fence shall be owned and maintained by the single-family development HOA. B. Border screening on any perimeter not abutting asingle-family lot shall be owned and maintained by the multi -family development and shall consist of either of the following: Masonry border fence of not less than six feet in height; and/or An ornamental metal fence, such as wrought iron or tubular steel, with stone columns at 50-foot intervals along with a vegetative screen comprised of minimum 3" caliber trees planted staggered at 25-foot centers. The vegetative screen may be planted within any required landscape buffer. 6. Refuse facilities: Two (2) 30 cubic yard compactors will be provided for the development, one each for trash and recycle. Each refuse facility shall be screened from view on three sides from persons standing at ground level on the site or immediately adjoining property, by a wall of masonry not less than seven feet nor more than eight feet in height or by an enclosure within a building. Solid metal gates of an equal height to the enclosure height must be provided on the truck collection side of the enclosure. Refuse containers shall be provided and maintained in a manner to satisfy public health and sanitary regulations. Each refuse facility shall be located so as to provide safe and convenient pickup by refuse collection guidelines. 7. A minimum 8' hike &bike trail shall be provided around the perimeter of the multi- family development in general conformance and as shown on Exhibit A (Concept Plan). 8. Parking: 1.5 off-street parking spaces shall be provided per unit. Required parking may not be provided within the required front yard. Other off-street parking space regulations are set forth in section 9.04.037. c. SF-72 Single -Family Residence: 1. Minimum side yard, interior: 5 feet 2. Minimum rear yard setback: 20 feet 3. Maximum lot coverage: 55% 4. Minimum number of lots: 105 5. Fences: A. The rear yard fencing of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel with the exception of areas identified on the approved Concept Plan (Exhibit A) as IV Masonry Wall Adjacent to Single Family". Fencing is to be owned and maintained by the individual lot owners whereas masonry walls are to be owned and maintained by the single-family development H.O.A. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section c.5.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. d. SF-60 Single -Family Residence: 1. Minimum rear yard setback: 20 feet 2. Maximum lot coverage: 50% 3. Fences: A. The rear yard fencing of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel with the exception of areas identified on the approved Concept Plan (Exhibit A) as "6' Masonry Wall Adjacent to Single Family". Fencing is to be owned and maintained by the individual lot owners whereas masonry walls are to be owned and maintained by the single-family development H.O.A. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section b.3.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. e. SF-Z Single -Family Residence: 1. Minimum side yard, interior: 5 feet 2. Minimum rear yard setback: 20 feet 3. Maximum number of lots: 375 4. Fences: A. The rear yard fences of any residential lot abutting and/or adjacent to an open space/common area lot must be ornamental metal fences, such as wrought iron or tubular steel. Said fencing to be owned and maintained by the individual lot owners. Side yard fences abutting and/or adjacent to open space/common area lots may be wood per Section d.3.13 below and are to be owned and maintained by the individual lot owners. B. Fences constructed between residences can be wood. All wood fencing shall be at least six feet in height. Wood fencing shall be stained and sealed. Plastic and chain link fencing is prohibited. f. SF-TH Townhome District 1. Maximum height: 45 feet (3-story) 2. Front yard: 20 feet / 10 feet if alley served 3. Minimum rear yard setback: 20 feet 4. Lot area: 1,760 per unit 5. Min. lot width: 22 feet 6. Min. lot depth: 80 feet 7. Maximum lot coverage: 65°/o 8. Maximum number of lots: 95 lots 9. Fences: Prohibited g. To prohibit indiscriminate clear cutting the applicant has agreed to preserve the existing tree line located on portions of the eastern and southern Planned Development boundaries. The existing tree lines shall be located within a 10' Tree Preservation Easement as identified on the Concept Plan (Exhibit A) and designated as a non. disturbance area in which no construction or tree removal will occur. Removal of any trees in these areas are subject to restriction under Sec.9.07.003 (Permit required; exceptions) of Article 9.07 (Tree Preservation) within the City of Anna Code of Ordinances. h. The developer shall meet with the City of Anna planning staff to identify vegetation/underlying brush not subject to preservation to be removed prior to recordation of the final plat for any area containing a tree preservation easement. 4. Park Land and Public/Private Facility Dedication/Construction a. As part of the zoning request the applicant has agreed to the following as shown on the Concept Plan (Exhibit 2): 1. Dedication of two tracts of land for the purpose of Neighborhood Parks subject to review by the city's parks advisory board and approval by the City Council prior to Preliminary Plat approval. 2. The construction of an 8' hike and bike trail. a. The City of Anna will be responsible for maintain only those portions of the 8' hike and bike trail that are located within or within proximity to the R.O.W. of both Ferguson Parkway and Rosemond Parkway. 3. The construction of a 6' sidewalk connecting the SF-Z district to the Neighborhood Park to be constructed within the R.O.W. 4. Private amenity center to include a pool with splash pad in general conformance with the conceptual rendering shown on Exhibit 3. 5. Prior to final plat approval the applicant may enter into a Roadway, Water and Sewer Impact Fee Credit Agreement with the City of Anna.. The impact fees from the development shall be used to fund capital improvements shown on the city's capital improvement plan needed to serve the development and surrounding areas. 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 10th day of November 2020. ATTESTED: APPROVED: l Mayor EXHIBIT 1 - page 1 of 3 FIELD DESCRIPTION: BEING a tract of land situated in the Town of Anna, Collin County, Texas, a part of Eli Witt Survey, Abstract No. 997, being all of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424600, Official Public Records, Collin County, Texas (O.P.R.C.C.T), being part of a called 159.819 acre tract of land described in a Special Warranty Deed to LHJH Properties, Ltd., recorded in Instrument No. 20061003001424640, (O.P.R.C.C.T) and being more particularly described as follows: BEGINNING at afive-eighths inch iron rod with yellow plastic cap that is illegible found at the southeast corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northeast corner of a called 226.62 acre tract of land described in a Warranty Deed to QJR Partnership, Ltd. recorded in Volume 5106, Page 2380, O.P.R.C.C.T and said iron rod being in the west line of a called 50.00 acre tract of land described in a Special Warranty Deed to Kayasa Holdings, LLC, recorded in Instrument No. 201908007000946750, (O.P.R.C.C.T); THENCE South 89 degrees 28 minutes 48 seconds West, a distance of 2,984.87 feet along the south line of said 159.819 acre tract of land (20061003001424600) and along the north line of said 226.62 acre tract of land to a one-half inch iron rod with yellow plastic cap stamped "BOHLER ENG" (hereinafter called "iron rod set") at the southwest corner of said 159.819 acre tract of land (20061003001424600), said iron rod being at the northwest corner of said 226.62 acre tract of land and said iron rod being in the east line of a called 17.863 acre tract of land described in a Special Warranty Deed to Anna 18, LLC, recorded in Instrument No. 20161020001423440, (O.P.R.C.C.T); THENCE North 01 degrees 07 minutes 28 seconds West, a distance of 272.50 feet along the west line of said 159.819 acre tract of land (20061003001424600) and along the east line of said 17.863 acre tract of land to a one-half inch iron rod found at the northeast corner of said 17.863 acre tract of land and said iron rod being at the most southerly southeast corner of a called 555.801 acre tract of land, described as Tract B in a Special Warranty Deed to Risland Mantua, LLC, recorded in Instrument No. 20180625000783630, (O.P.R.C.C.T); THENCE North 00 degrees 33 minutes 39 seconds West, a distance of 4,656.06 feet along the most southerly east line of said 555.801 acre tract of land to a one-half inch iron rod found at the most westerly northwest corner of said 159,819 acre tract of land (20061003001424640); THENCE South 86 degrees 39 minutes 03 seconds East, a distance of 774.75 feet along the most westerly north line of said 159.819 acre tract of land (20061003001424640) and along a south line of said 555,801 acre tract of land to a one-half inch iron rod found for corner, from which a one-half inch iron rod found bears North 01 degrees 19 minutes 02 seconds West, a distance of 2.04 feet; EXHIBIT 1 - page 2 of 3 THENCE South 89 degrees 10 minutes 24 seconds East, a distance of 1,018.92 feet over and across said 159.819 acre tract of land (20061003001424640) to a one-half inch iron rod set in the east line of said 159.819 acre tract of land (20061003001424640), said iron rod being at the southwest corner of a called 83.36 acre tract of land described in a Quit Claim Deed to Alta McClain, recorded in Volume 626, Page 141, (D.R.C.C.T) which is now listed in the Collin County Appraisal District records as being owned by Laura Collins to which no transfer of title either direct or indirect can be found in Collin County Deed Records; THENCE South 89 degrees 16 minutes 53 seconds East, a distance of 111.06 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the south line of said 83.36 acre tract of land to a one-half inch iron rod set at the most easterly northeast corner of said 159.819 acre tract of land (20061003001424640), said iron rod being at the northwest corner of a called 95.468 acre tract of land described in a Warranty Deed to JY & KC, LLC, recorded in Instrument No. 20170608000746940, (O.P.R.C.C.T), from which a mag nail found at the northeast corner of said 95.468 acre tract of land bears South 89 degrees 16 minutes 24 seconds East, a distance of 1,497.23 feet and South 88 degrees 45 minutes 18 seconds East, a distance of 189.34 feet, said iron rod being in or near the centerline of County Road No. 371; THENCE along the east line of said 159.819 acre tract of land (20061003001424640) and along the west line of said 95.468 acre tract of land as follows: South 01 degrees 16 minutes 44 seconds East, a distance of 1,185.56 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 00 degrees 47 minutes 08 seconds East, a distance of 1,100.00 feet to a one-half inch iron rod set at the most westerly southwest corner of said 95.468 acre tract of land; THENCE North 88 degrees 32 minutes 52 seconds East, a distance of 966.83 feet along a north line of said 159.819 acre tract of land (20061003001424640) and along the most westerly south line of said 95.468 acre tract of land to a one-half inch iron rod with yellow cap stamped "JBI" found at the most easterly northeast corner of said 159,819 acre tract of land (20061003001424640); THENCE South 00 degrees 44 minutes 46 seconds East, a distance of 210.76 feet along the most southerly west line of said 95.468 acre tract of land to a one-half inch iron rod found at the southeast corner of said 159.819 acre tract of land (20061003001424640), said iron rod being at the northeast corner of said 159.819 acre tract of land (20061003001424600); THENCE along the east line of said 159.819 acre tract of land (20061003001424600) as follows: EXHIBIT 1 - page 3 of 3 South 00 degrees 31 minutes 53 seconds East, passing at a distance of 555.09 feet a one-half inch iron rod with cap stamped "3700" found at the most southerly southwest corner of said 95.468 acre tract of land, continuing in all a distance of 11241 A 0 feet to a one-half inch iron rod with yellow cap stamped "JBI" found for corner; South 72 degrees 46 minutes 12 seconds East, a distance of 140.70 feet to a one-half inch iron rod with yellow cap that is illegible found at the northwest corner of a called 59.534 acre tract of land described Warranty Deed to Jonic Investments, LLC, recorded in Instrument No. 20150605000666010, (O.P.R.C.C.T); South 01 degrees 14 minutes 22 seconds West, a distance of 1,112.98 feet to the POINT OF BEGINNING and containing 11,978,895 square feet or 275.00 acres. _ -- g; :� �53 �' n�rsaa � s� � 3�� »�, : � u�A h o � 9NOJ33NfJ!i39NLLY1LlN a!IIINJ azW S //b3�H08 ��Y �a��b � (i y e cWi y � y o. 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