HomeMy WebLinkAboutOrd 899-2021 Zone Property to Single-Family Residential (SF-72) (Sweet Cow Addition)CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located on the south side of County
Road 376, 3,910± feet east of N Powell Parkway (State Highway 5))
ORDINANCE NO. 2j n j L�Oa.�
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 for zoning from Kenneth O'Neal and Kathyene
Boring on Property described in Exhibit A and Exhibit B ("Property") attached hereto and
incorporated herein for all purposes as if set forth in full; and
WHEREAS, said Property generally located on the south side of County Road 376, 3,910± feet
east of N Powell Parkway (State Highway 5) to Single -Family Residential District (SF-72); 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 are hereby amended by establishing the zoning of the Property
described in Exhibit A and Exhibit B to Single -Family Residential District (SF-72) zoning.
1
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.
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 23rd day of March 2021.
ATTESTED: APPROVED:
' V J
Carrie L. Land, City Secretary
to Pike, Mayor
Being a tract of land, situated in the J. C. Brantley Survey, Abstract No. 1145 in Collin
County, Texas, and being all of that tract of land, described by deed to Kenneth W. O'Neal,
as recorded in Volume 2874, Page 62, of the Deed Records, Collin County, Texas
(D.R.C.C.T.), and also being the remainder of that tract of land, described by deed to
Kathyene Rae Boring, as recorded in Volume 4716, Page 2511, D.R.C.C.T., said tract being
more particularly described as follows:
BEGINNING at a 1/2" iron rod found in the westerly line of said Boring tract, same being
the northeasterly corner of a tract of land, described by deed to Stonehollow Homes, LLC,
as recorded under Document No. 20180125000096980, of the Official Public Records, Collin
County, Texas (O.P.R.C.C.T), said corner being in the southerly monumented line of
County Road No. 376,
THENCE South 88°16'23" East, along the southerly monumented line of County Road No.
376, same being over and across said Boring tract, a distance of 754.53' to a 1/2" iron rod
with a yellow plastic cap stamped "RPLS 5686" set (herein after referred to as a capped
iron rod set) for the northeasterly corner of the herein described tract, same being in the
easterly line of said Boring tract, from which a 1/2" iron rod found bears, North 01°38'20"
East, a distance of 40.50';
THENCE South 01°38'20" West, along the easterly line of said Boring and O'Neal tracts, a
distance of 792.00' to a point for corner, being the northeasterly corner of a tract of land,
described by deed to James Elrod, as recorded under Document No. 20190422000426450,
O.P.R.C.C.T., from which a 1/2" iron rod found bears, North 88°22'37" West, a distance of
0.48';
THENCE North 88022137" West, along the northerly line of said Elrod tract, a distance of
280.63' to a 1/2" iron rod found for the northwesterly corner of said Elrod tract;
THENCE South Ol037102" West, along the westerly line of said Elrod tract, a distance of
787.78 to a 1/2" iron rod found for the southwesterly corner of said Elrod tract, same being
in the northerly monumented line of County Road No. 427;
THENCE along the northerly and northeasterly monumented line of said County Road No.
427, the following 5 (five) courses and distances:
South 87017'00" West, a distance of 76.14' to a capped iron rod set for an angle point;
North 76°57'00"" West, a distance of 109.39' to a capped iron rod set for an angle point;
North 62149'0" West, a distance of 542.20' to a 1/2" iron rod found for an angle point;
North 60°38'00" West, a distance of 116.00' to a 1/2" iron rod found for corner;
North 58138'00" West, a distance of 375.81' to a capped iron rod set for the most westerly
corner of the herein described tract, same being in the most southerly southeast line of the
aforementioned Stonehollow Homes, LLC tract, from which a 1/2" iron rod found bears,
South 36102'39" East, a distance of 20.36';
THENCE along the common line between said Stonehollow Homes, LLC, O'Neal and
Boring tracts, the following 3 (three) courses and distances:
North 36°0239 East, a distance of 350.43to a 1/2" iron rod found for corner,
South 89°3725 East, a distance of 427.20' to a 1/2" iron rod found for corner;
North O1°47°19" East, passing the southwesterly corner of said Boring tract, at a distance
of 337.54', and continuing in all, a total distance of 792.49' to the POINT OF BEGINNING
and containing 27.806 acres of land, more or less.
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CITY OF ANNA
PLANNING & ZONING COMMISSION
March 15, 2020
Public Hearing: Zoning —Sweet Cow Addition
Applicant: Kenneth O'Neal & Kathyene Boring
DESCRIPTION:
Request to zone 27.8± acres located on the south side of County Road 376, 3,910± feet
east of N. Powell Parkway (State Highway 5) to Single -Family Residential District (SF-
72). The property is currently located in the extraterritorial jurisdiction (ETJ) and the
applicant has submitted an annexation petition.
REMARKS:
The applicant is requesting to zone the subject property in order to allow for single-family
residences. The Single -Family Residential District (SF-72) is designed to accommodate
single-family residential development on relatively ample lots. The district can be
appropriately located in proximity to agricultural and single-family residential uses.
The subject property is currently undeveloped.
The applicant is not requesting to vary from any of the City of Anna adopted regulations.
Surrounding Land Uses and Zoning
North
Self -storage and single-family residences located in the Extraterritorial
Jurisdiction kizTJ .
East
Single-family residences and vacant land located in the Extraterritorial
Jurisdiction ETJ .
South
Religious facility and vacant land located in the Extraterritorial Jurisdiction
ETJ .
West
Single-family residences zoned Planned Development-677-2015 (Camden
Parc, Phase 3/SF-72
Conformance with the City of Anna Strategic Plan and Comprehensive Plan
Anna Vision 2035
a. Principle 3: Beautiful Community
i. Well -maintained, attractive neighborhoods and single-family
homes complying with City codes and ordinances
ii. Attractive and high standards for neighborhood entrances
b. Principle 5: Great Housing Opportunities
Strong code compliance protecting and enhancing the appearance,
protecting property values and supporting neighborhood integrity.
City of Anna Goals for 2025
a. Sustainable Anna Community Through Planned, Managed Growth
i. Having new buildings and homes that are attractive and using the
appropriate building materials and meeting City's architectural
standards.
ii. Having a range of housing choice available in Anna.
Future Land Use Plan —The Future Land
Use Plan designates this property as Single -
Family. This category is only generally defined
within the current Comprehensive Plan,
Residential: Landon which there exists one or
more dwelling units, including accessory
buildings; the primary use being for sheltering
individuals, families, or groups of persons.
Single-family includes those permanent
structures, which were originally designed to
provide housing for one family unit. Multi-
family housing structures include those which
were originally designed to house two or more
family units, such as duplexes, apartment houses, and group quarters.
SUMMARY:
Request to zone 27.8± acres located on the south side of County Road 376, 3,910± feet
east of N Powell Parkway (State Highway 5). The property is currently located in the
extraterritorial jurisdiction (ETJ) and the applicant has submitted an annexation petition.
The request is in conformance with the Future Land Use Plan and elements of the City of
Anna Strategic Plan and Comprehensive Plan. For these reasons, staff is in support of
the zoning request.
RECOMMENDATION:
Recommended for approval subject to City Council approval of annexation.
ZONING -SWEET COW PAGE 2 OF 2
Response #1
THE CITY OF
Atna
In favor of request
Comments:
Please circle one:
Neutral to request
Opposed to request
By signing this letter, I declare I am the owner or authorized agent of the property at the address
written below.
Name (Please Print)
Address
7.
Date
Please return form to:
USPS Mail:
City of Anna
Planning and Development Department
P.O. Box 776
Anna, TX 75409
Hand Delivery:
Planning and Development Department
3223 N. Powell Parkway
Anna, TX 75409
Or by e-mail to LMECKEPannatexas.gov
Subject: Zoning Response —Villages of Waters Creek
Svreet Co�� Zoning 03/15/2021
Response #2
THE CITY OF
Anna
In favor of request
Comments:
Please circle one:
Neutral to request
Opposed to request
By signing this letter, I declare I am the owner or authorized agent of the property at the address
written below.
Name (Please Print)
S
Address
Date
Please return form to:
USPS Mail:
City of Anna
Planning and Development Department
P.O. Box 776
Anna, TX 75409
Hand Delivery:
Planning and Development Department
3223 N. Powell Parkway
Anna, TX 75409
Or by e-mail to LMECKE(aannatexas.gov
Subject: Zoning Response —Villages of Waters Creek
S�ieet Cow Zoning 03/15/2021