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HomeMy WebLinkAboutRes 2021-01-847 Initiating a Zoning Amendment to Planned Development 08-2002CITY OF ANNA, TEXAS RESOLUTION NO. ( 0 1 � 0 1 lj.j A RESOLUTION INITIATING A ZONING AMENDMENT TO PLANNED DEVELOPMENT NO, 08-2002 AND SETTING PUBLIC HEARINGS UNDER SECTION 9.04.043 OF THE ANNA CITY CODE OF ORDINANCES FOR PUBLIC COMMENT AND CONSIDERATION OF SAID ZONING AMENDMENT TO ALLOW REGISTERED FAMILY HOME WHEREAS, the City of Anna, Texas (the "C�"), is authorized under Chapter 211 of the Texas Local Government Code, to zone property within the City's corporate limits and the City has zoned certain property in Lakeview Estates as Planned Development No. 08-2002 ("PD 08-2002"); and WHEREAS, the City is authorized to amend zoning classifications and such an amendment may be initiated by motion of the City Council of the City of Anna ("City Council") under the Anna City Code of Ordinances ("Anna Code") Sec. 9.04.043; and WHEREAS, on January 26, 2021, the City Council voted to approve a motion to adopt this resolution to initiate a zoning amendment to PD 08-2002 in order to allow the following additional land use: Registered Family Home, being a child-care facility that regularly provides care in the caretaker's own residence for not more than six children under 14 years of age, excluding the caretaker's own children, and that provides care after school hours for not more than six additional elementary school siblings of the other children given care, but the total number of children, including the caretaker's own, does not exceed 12 at any given time; and WHEREAS, the Ciry's Planning and Zoning Commission and the City Council will hold public hearings in accordance with Sec. 9.04.043 of the Anna Code on the dates and at the times and places set forth in this resolution; and WHEREAS, it is hereby officially found and determined that the meeting at which this resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code; and WHEREAS, in order to hold the public hearings notice must be given in the manner required under Sec. 9.04.043 of the Anna Code; and WHEREAS, this resolution is merely reflective of the City Council's desire to consider whether or not it should approve the above -referenced proposed zoning amendment and it is not an expression of support or opposition with respect to said proposed amendment; and WHEREAS, the City Council finds that the passage of this resolution is in the best interest of the citizens of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: Resolution _qt L_-� Page 1 of 2 Section l: All of the above recitals are hereby found to be true and correct factual determinations of the City and are hereby approved and incorporated by reference as though fully set forth herein. Section 2: City Staff is directed to submit a petition to the Planning and Zoning Commission setting forth the substance of the proposed zoning amendment to PD 08-2002 and to publish and mail notice of the public hearings for the dates set forth below in the manner required under Sec. 9.04.043 of the Anna Code, Section 3: That a public hearing is hereby called for Marclz 01, 2021, at 7: 00 p.m. at a suitable location, to be conducted by the Planning and Zoning Commission for the purpose of hearing public testimony with respect to the advisability of the proposed zoning amendment to be followed by proceedings in accordance with Sec. 9.04.043 of the Anna Code. Section 4: That a public hearing is hereby called for Marc1� 23, 2021, at 6: 30 p.na. at a suitable location, to be conducted by the City Council for the purpose of hearing public testimony with respect to the advisability of the proposed zoning amendment to be followed by proceedings in accordance with Sec. 9.04.043 of the Anna Code. Section 5: If any portion of this resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the City Council hereby determines that it would have adopted this resolution without the invalid provision. Section 6: This resolution shall be in full force and effect from and after its passage, and it is accordingly so resolved. PASSED AND APPROVED ON THIS 26TH DAY OF JANUARY 202I. ATTEST: F�,,, APPROVED: ,f-' 00 °•e Carrie L. &R+A, City Secretary : Nafe Pike, Mayor rE�X,P��`��� Resolution ��"� Page 2 of 2 CITY OF ANNA, TEXAS ORDINANCE NO. 2002-34 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: 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, as Planned Development No. 0&2002 (PD # 0&2002). The Planned Development shall include the following elements: Permitted Uses: The permitted uses in the Planned Development will be the same as those permitted in the "R-1 — Single Family Residential" zoning district. Density: Overall density of the residential zoned portion of the tract shall have an overall density of not more than 3.9 units per acre on the gross acreage of the total tract. Setbacks: Minimum front yard — 25 feet; however, covered porches and bay windows may encroach up to five (5) feet into the required setback. Minimum side yard — 5 feet, however, 15 feet shall be required on a corner lot adjacent to a side street. Minimum rear yard — 15 feet. **Typical Lot Dimensions: Zoning Width Depth House Size *% Masonry % of Tract PD - 6,000 safe 50' 100' 1,400 safe 70% 45% PD — 62000 safe 54' 100, 1,400 s.f. 70% 11 % PD — 6,000 s.f. 55' 100, 1,400 s.f. 70% 17% PD — 7,200 s.f. 60' 100, 1,400 s.f. 70% 27% C:IDocumenfs and SettingsL411 Usersl0ocumenfsl4nna MgtlOrdinances-Resolufionsl0rdinances1200212002-34 Solid Ground Zon Ord. doc Page 1 of 3 *Masonry percentages are calculated as a percentage of the surface excluding windows and doors, and second story or other architectural offsets. **Widths and depths may vary for cul-de-sac lots and 10% of the lots where there is a necessity for variation due to dimensional constraints. Maximum Height: Except as provided below, the maximum building height for any residential structure shall be two and one-half (2 %2) stories or thirty-five (35) feet, whichever is greater (excluding chimneys and vent stacks, cupolas, entry features, skylights, and other architectural features not intended for occupancy or storage). Notwithstanding the foregoing, however, all residential structures located on a lot with a rear yard abutting a street identified on the City of Anna Thoroughfare Plan as a collector or thoroughfare shall be limited to a maximum height of one story. Maximum Lot Coverage: Maximum lot coverage will be fifty five percent (55%). "Coverage" means the percentage of lot area covered by a roof or other structure (including accessory structures); however, roof eaves and other ordinary building projections are excluded. Off -Street Parking A minimum of two (2) enclosed off-street parking spaces will be provided for each dwelling unit (which spaces must be located on the same lot as the dwelling unit). Masonry Requirements: "Masonry" means brick, stone, pre -cast stone, or any other similar veneer material, but excluding cement fiber materials, attached to an outside wall. Garages: Garages may be front facing and there is no requirement for "swing" driveways. Sidewalks: Sidewalks will be installed along the street frontage of all residential lots prior to the issuance of a final certificate of occupancy for each house constructed thereon. A sidewalk will also be installed along the CR 367 perimeter of the tract prior to the acceptance of the infrastructure improvements for the first phase of residential development on the tract. Perimeter Fencing Fences located along the outside perimeter of the subdivision, if constructed of wood, shall be treated with a preservative to extend the life of and enhance the appearance of the fence. The maintenance of such perimeter fences shall be the responsibility of a private homeowner association. A fence or landscaped berm will be constructed along the CR 367 perimeter of the tract. The City shall have discretion regarding the choice of fence or berm, including choice of construction materials, with City approval required prior to final plat approval. Section 2. All provisions of the City of Anna Zoning Ordinance not in conflict with the provisions of this Ordinance shall pertain to the property described in Exhibit "A". Section 3. The official Zoning Map of the City of Anna shall be amended to reflect the change in zoning described herein. C:IDocuments and SettingslAll UserslDocumentslAnna MgtlOrdinances-Resolutionsl0rdinarices1200212002-34 Solid Ground Zon Ord.doc Page 2 of 3 Section 4. All ordinances of the City of Anna in conflict with the provisions of this ordinance are repealed to the extent of that conflict. Section 5. This Ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED on this the 22nd day of October, 2003, by the following vote of the City Council of the City of Anna, Texas, AYES 1�'�• ABSTENTIONS APPROVED: ATTEST: C:1Documents and SettingslAll UserslDocumentstAnna MgtlOrdinances-Resolutionsl0rdinances1200212002-34 Solid Ground Zon Ord.doc Page 3 of 3 EXHIBIT A LEGAL DESCRIPTION BEING a tract of an in the Joseph Schluter Survey, Abstract No. 856 in Collin county, Texas and being a tract of land described in a deed to solid Ground L.P., recored in special warranty Deed 99-0151451 of the Land Records of Collin County, Texas, being more particularly described as follows; BEGINNING at an iron pin set in County Road 367, pin is the Southwest corner of a 10.27 acre tract of land described in a deed to Roy L. Andrews, recorded in 97-0036265 of the Land Records of Collin County, Texas. THENCE S 86035'00" E leaving said county Road 367 and along said south line of a 10.27 acre tract a distance of 1655.00 feet to the centerline of a creek; THENCE with the centerline of said creek as follows: s 75°46'35" E a distance of 80.00 feet to a point for corner; S 12011'08" E a distance of S8.13 feet to a point for corner; S 26039'57" E a distance of 41.76 feet to a point for corner, S 46039'25" W a distance of 254.91 feet to a point for corner; S 15°31'54" E a distance of 142.76 feet to a point for corner; s 46°18'57" W a distance of 44.40 feet to a point for corner, S 30°23'29" E a distance of 96.04 feet to a point for corner; S 13036103" w a distance of 74.14 feet to a point for corner; s 42°40'17" w a distance of 58.66 feet to a point for corner; s 20905'22" E a distance of 111.46 feet to a point for corner, S 64°30'24" E a distance of 115.93 feet to a point for corner, S 03°04'34" E a distance of 136.15 feet to a point for corner; S 58°57'58" E a distance of 145.00 feet to a point for corner; S 22°47'00" W a distance of 289.80 feet to a point for corner; THENCE west leaving said creek centerline and proceding along the south line of the solid Ground L.P. tract a distance of 1735.00 feet to the centerline of said County Road 367 to a point for corner; THENCE North along said centerline of County Road 367 a distance of 1386.11 feet to the Place of Beginning containing 2,252,718 square feet or 51,7153 Acres of land.