The URL can be used to link to this page

Home My WebLink AboutPZpkt2014-05-12AGENDA PLANNING AND ZONING COMMISSION SPECIAL MEETING xtooW HOMETOWN May 12, 2014 The Planning and Zoning Commission of the City of Anna will hold a Special meeting on May 12, 2014, at 7:00 p.m., at the Community Room of the Anna City Hall Administration Building located at I I I North Powell Parkway (Hwy 5), to consider the following items. Call to order and establishment of quorum. 2. Invocation and Pledge of Allegiance. 3. Consider/Discuss/Act on recommendation regarding "Colburn" development plat. 4. Consider/Discuss/Act on recommendation regarding "West Crossing PH 4 final plat. 5. (a) Public Hearing: To consider public comments on a request by owner(s) of property, to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A 114. (b) Consider/Discuss/Act on recommendation regarding request by owner(s) of property, to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A 114. 6. (a) Public Hearing: To consider public comments regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.04 5 (Masonry Content). (b) Consider/Discuss/Act on recommendation regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.04 5 (Masonry Content). 7. Adjourn This is to certify that I, Maurice Schwanke, Director of Planning and Development, verify that this agenda was posted at a place readily accessible to the public at the Anna City Hall and on the City Hall bulletin board at or before 7:00 p.m. May 9th, 2014. Maurice Schwanke Director of Planning and Development Persons with a disability who want to attend this meeting who may need assistance should contact the City Secretary, at 972-924-3325 two working days prior to the meeting so that appropriate arrangements can be made. P&Z Special Agenda 05-12-14.doc Page 1 of 1 Posted 05-09-14 Invocation and Pledge of Allegiance 3. Consider/Discuss/Act on recommendation regarding "Colburn" development plat. The development plat submitted for your review is located within the extraterritorial jurisdiction of the City. The tract is in the Mark R Roberts Survey, Abstract No. 742 and contains approximately 10.981 acres of land. The property is located at 13399 Briar Cove Road. The owner(s) is proposing to build a new 30' x 50' structure on the tract. The plat meets the City of Anna development plat requirements. The Staff recommends approval of the development plat. p �n m V pp C.C. ROAD 376 u O « 1P W lJ Z 'U SUBJECT U S' p C.C. ROAD 427 Q K� F.M. 2862 ti V VICRYITY MAP (NOT TO SCALE) ra.a J (PRIVATE) I �4 ` BRIARCOVE ROAD / N 91'140 4v W q051 IV I M awEV.. E TTOt MD A T. nnxi.c.P. DEaEw. vno�vFRry rse� � rAAnirvi cour+m.�E s e.+rova: "e ta" «twa3 nu,. tt AMP TS =, rmt 6b+mtr'b rnP.' ar°r'�.i, at'a �;«..aa n �°'ec, �wa P..aa. d wig a3', fte L ad9va m , h a la" 45bnd W bWtl PxaG d Cain Cw.ary,,,, " bF VVV� bd duo �"la Co.nPy lame oa b a; � w lmwe M r.i,to eua tat a r alrz. wt-°, r°e a w �te"e." u h� a w od r r w.n a<,aro°« m.«..ae n Va m w °'v, d m w 9NF°MY N4i°NV I� Nlo di«atlNWnl<w y Chks t W 1f°aW d.a rz..aa, Pwam q�d uet�°f Pgv�c°'i� p LW rsti W eat d N.Im r«t d>n w �cx.M3,a n mod« co .«ad, �t a xr.� rat aa,> w a.uy vaearrv, LW. ba{ b =°�, wa'°ti a v'°.'+mv vwe r+a tta. �i a � vxu r»t aoa w TbYetsdF o1 dgas. 511v�mgY W w rat, a d4b d WI.M fftl umt d'� Co°�inm 4al° B6.t11+ b w _ Gd b .ktn m naa Vd 6� Pom 3 t a W Vmd sa n 66 e,o.a W ~a u w 3 t (ow w m a,P.,. 11 a,n,w �aw„esi�r:lin.° 6't"°d.� u`. wi owe 6 u:°a)..u.�atww.K' a a wwem new b c w E. rs na, rl o,e ar« _w°, naw Wry n]a, rtva 916, d W DSJ Paa.4, a raea�md a wwN ra.tbarab i3�wr.E wua aaa+ s rb'°e final ii`h-kn t wd,vaa r«t nav w `t4p� A6 much Y1 reJs Nat, a ew1°ra d Mo rut .au d no W awl wmM1 b a h W-h tin rod d w mmt aaWa ll'�w dipwA td°Mii ma lidt�? 4" WN Vw mM rw 13es u ro orn.�rzE ca a,rw e✓. ou aa3. a, w va.a, a,e. as d..tm ed Mroa q w ,to.. �xl�d bN. �-SOiFL�C �SEwRVAT IXJC4 e I x Arne svACT a�v a w nw w u,�+ b ° rrrwt b ,a`ia a t a a wR.-tr xa : aa. aet Iw arvn a Wv- ,.pa»nnn, ca w wwatr ml o• r.,l ad %�:" FER C ECALE xorrs. 6, MO 15 P�P W�I6�neTn.(W WK . exec.. M. eu, uxcc.r. (a woE rwsmEm w.nte TO rwr/. E ; . a. M. . g �a ;G6r�FTMsE� � WpMTQF mR � MST K THE �� tF THE ;¢ I I ( TM, 6 E Nm xE IN � M ARE NOT V we. �o�rvr�v DEVELOPMENT PLAT BEING 10,981 ACRES OUT OF THE MARK R. ROBERTS SURVEY, ABSTRACT NO, 742, COLLINCOUNTY, TEXAS AN ADDITION IN THE ETJ OF ANNA, COLLIN COUNTY, TEXAS SMMOR PRECISE LAND SURVEYING, INC. OWNERS Ii 751<9 JOSEPH E. COLBURN AND (97)5e14WZ FXN(W)M-1273 PAMELA S. COLBURN 13MBRIAvcovexo.+o, A.\ug3Et S T t FILF..FAWHLFA M1 A31<JH03Hl3NG 4. Consider/Discuss/Act on recommendation regarding "West Crossing PH 4 final plat. A final plat has been received on approximately 14.14 acres of land that is located north of Hackberry Blvd. and west of Slayter Creek. A preliminary plat was approved for the property by the City Council September of 2013. The owner/developer is proposing 70 residential lots on the tract. The civil construction plans are nearing completion. The staff is recommending approval of the final plat. 02013 eest% ad Pefessial Sadces, Inc LENEEL ARIES D sa s_ A a i1 "t C(IRNERS SET ARE 7 cl LNIMPS�. - lory MET ATM 21 TO ,saw. ea. �n.T MRTra, STUB I RTOK w v . < _ _ GRI�dt scaE = nl . _ r � _ _ a CITV OF ANNA T Phase lu 41 Phase IV Z CC#20101005001066790 IAA rear i. ande] nA TIME - - O.P R C C.T Or erro ue U) ° °. doled .°, J U) _ --- __--.._ _ _ SIT Net saB 21759E N ,. R 5000 - _ c ,•iI__ OCR2l°(725"f - _L-111.37 _ -- ----- CL=21225'' C0=S 2600375E - - - ---- _ _ '__/ ----- - d` ' CL=89.73E ---- N89°C659"W /� S tb°53'01' W 68? 85' _ -' _- _- _ _ 50.00E yM y. ..s - SOD5301'w BAMBOROUCf — — ` a•Alai -- T"— - -- - 110.00E — -_. _ _. _ _ _.. B r.,<,.r, .l DRIVE 0 0005301" W � � /mac j� u . VICINITY MAP z 3l s<n 6l h ale) \. a —~�... '.r°," I� Jbsf d 47°u`0'38° O 0 21 I 2 T3 2iI 25 I I I _ 9876 T' '� R 60000E EGOGY/ 66„0sf 6p JsI I6J f 16 2l 8 19 ,3( JI 31 33 .'4 °190s.1 1 501.02E E0.'q .I 4 ' _ 116G0 1 c _ k 1 7200s. L 67 0 . f s1 67 0 f 60v^ �' 695 / E609 / E000i - AMUR A 612Cis -.�� a g CO S 66°57'43" W I 19 .o z O 5 LizNr - '' CL 486 i 6066.E I S S I s. 1 i� SJit r � I 1 f — 59' r r v 16 _ ., �1 of al = i_ e - _ �ti, o OOD COURT 1'1 - ' \ NURSTW IT 60965{ h - € O ... _ J s*4, . 'ti Ex F 7E0'hl r EGGC 669"s 1'_ 6✓^Ji I , - 6]70 „ 6720 1 6090 6960s.f„I E50Jsf 9 8 J \D k To`i l80J l ]1GQs.i ` 6 5 4 3 8 T ! ..N - SI r _,50YJ f _FEED l 5E699tI MORE 676 f b598sI "9547zf 1911E=f 1 J1Es.I\\:s O /7 _ 4 - I' Cl WEST CROSSING PHASE2 � q R_ I T z _ r _ o 2 `ss 1T` VOL 2013, PT.307 a W N f'. f sa4... - - _ P.Rle.e.. i 9 z a o `" /6 _ _ — :: EASTBROOK , r DRNE - u��QU 4 EE00./ C m� m a � � r 1 tFI� �NOo� y 6E:G0 L € - , -- €I " I WELT PHASE 1 3 � O -- ' I�22 't 23 24 c• 25 6 27 28 19 30 r 31 c J2 a JJ 34 35 c J5 37 3B J9 40 4I 41 of 2006. I'G. 22 DN # 7200 I ` 6M" 699J EWJs. cI E000 s E9' o ECb9 E000. 6EfA f 6EN /a 7201E 0 78WZI 78903A 17200 I o 7109,A, 6EOOzI EEOOtfa 7200 f 720rJsL ]800 I 768Gv� '�� v U 6009 A Q Try P.R. (3DO 0 _ z E a L 7e c� r w f. Payjiv —rear � DRAYTON DRIVE If 89°C659" W r \ 0/ r-N i 05301E E i130.50' `0r 0• 7Cit 12 CA e/ 120.00E I I O e c Ps ea ill _. _ yD� I c 13 WEST CROSSING PHASE3 8 1 2 r 6flhf 20 19 16 1] 16 15 1 14 1 s POINT OF L. _ Voazolsc alz 6 Q 1 a BEGINNING 'I L si cmF 5AXUaF S 0005301E W N 0005301" E KELKNOTON DRIVE - 120.00E - 'r ° 11000E (a 50'R0140 "' 1! 89 0659E W ._ _ - c 1236E ' '. I - i Z 9 i S ( I - T Q 23 I 24 25 26 2] 28 29 I 30 31 i 32 I 33 34 35 36 37 3B 39 40 41 42 FINALPLAT eccrvn WEST CROSSING PHASE 4 S IRGN ROD N1TX PLASTIC CAP SET _ I I (•-SUE MARKED AOAus suavEYr �!G :510 s- C•RT IRON RE FOUND W.111 PLASTIC CAP ¢ Ps' 70 x ASTAMPED tTOAEsrn'ALD a TEXAS _"R'.1 oa.c.c.T As, ea COUNTY, TEXAS Street ROW l s ere rates RE 0 GE EASERIENT Street (o Street intersection IO' x lD' S:de AOrY and Typical Public. Utility Easements - VENT LOT CURVE TABLE CURVE RADIUS OfI TA ANGLE LENGTH CD BEARRIG CD LENGTH Tongcnt CI 22500• 1203776E 49.56' S 05025:77` E 4946E 24.88 C2 Z5D00' 12047'09" 5579E N 0503033" f. 55,67' 28.01 C3 275.00E I103456" 55.59' AT 0500l'43" W 55.50E 2789 IN THE HENRYBRANTLEYSURVEY, ABSTRACTN0.71 JOHN C. FARHIS SURVEY ABSTRACT NO. 331 CITY OFANNn COL L N COUNTY TExAs 14.14 ACRES - 70 LOTS OwNNER Highway1050 E. Iaa an ta Phone: 817-416-1572 Suite 210 Utility Easement (Tfpical) (sYheTe designated on plat) SSAEwnU: < cR/su v .. _ swauE AND u s�uERT n,G nc a Eros Kalil More- ue easements are parallel and �: TIPTON ENGINEERING 11� "' °0 arweslwood pelpendicuar to street right o! rr aars rs a1•s r.. R: r- iss Saar Trm k: I ORI an of roes unless otherarise Reform. THIS PLAT TILED IN CABINET SHELF _. P.R.C.C.T. MAY 8, 2014 Sheet: 1 OF 2 C N C Q � o � (J a � 5. (a) Public Hearing: To consider public comments on a request by owner(s) of property, to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114. This 48 acre tract is owned by the Anna Economic Development Corporation. The Corporation is interested in rezoning the property in line with future residential densities that are defined in the "Anna Comprehensive Plan" (Plan) so that when a potential purchaser buys the property they will know what kind of densities and standards we would anticipate on the tract of land and they would not need to go through another rezoning request. This would allow a prospective purchaser know what they are buying and they can make their decisions accordingly. A statement out of the Land Use Section of the Plan states the following: "Taking the foregoing factors into account, the average lot size for future single family may average close to 9,000 to 10,000 square feet." This request is for 7,200 square feet minimum lot size with an average of 8,400 square feet. The ordinance address several other factors as shown in the attached ordinance for your consideration. The staff recommends approval of this ordinance. (b) Consider/Discuss/Act on recommendation regarding request by owner(s) of property, to change from Single Family Estate (SF-E) and existing Planned Development Zoning to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of CR 376. The tract is approximately 48.004 acres of land in the J C Brantley Survey, A114. ANNA ECONOMIC DEVELOPMENT CORPORATION RESOLUTION NO. a0/4-05--Dl CEpG) A RESOLUTION OF THE ANNA ECONOMIC DEVELOPMENT CORPORATION AUTHORIZING AND APPROVING A REZONING APPLICATION FOR 48 ACRE TRACK OF REAL PROPERTY WHEREAS, the Anna Economic Development Corporation (the "EDC") intends to submit an application to rezone the EDC-owned property seeking a zoning classification change from SF - E and PD district to PD - 7200 district; and WHEREAS, the EDC has determined that rezoning of said property is in the best interests of the EDC and that the Chief Administrative Officer should move forward with the submittal of the application seeking a zoning classification change from SF - E and PD district to PD - 7200 district. NOW THEREFORE, BE IT RESOLVED BY THE ANNA ECONOMIC DEVELOPMENT CORPORATION, THAT: Section 1. Recitals Incorporated The recitals set forth above are incorporated herein for all purposes as if set forth in full. Section 2. Authority to Submit Rezoning Application The Board of Directors of the EDC (the "Board") hereby authorizes the Chief Administrative Officer ("CAO") to submit a rezoning application seeking a zoning classification change from SF-E and PD district to PD- 7200 district, on the EDC's behalf, for real property, which is approximately 48 acres and is described in more detail in the attached EXHIBIT A, incorporated herein for all purposes. S-f- PASSED AND APPROVED by the Anna Economic Development Corporation this day of , 2014. PPP ►+� Aonn- - . PresidentEDC - - EDC OF ANNA, TEXAS RESOLUTION NO.Wq -a--01 (t&-) PAGE 1 OF 2 CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located west of County Road 427. and south of County Road 376) ORDINANCE NO. 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 zoning change on Property described in Exhibit A ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located west of County Road 427 and south of County Road Number 376 is being rezoned from Single Family Estate (SFE) and Planned Development zoning to Planned Development (PD) Single Family Residential zoning, 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 Zoning Ordinance of the City, City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Single Family Estate (SFE) and Planned Development (PD) to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Single Family Residence District (SF-72) Development Standards or more restrictive as set forth below and all unspecified regulations shall 1 conform to the standards set forth in the City's Zoning Ordinance as it currently exists or may be amended). 1. PLANNED DEVELOPMENT — PD-72 Residential: 1.1 General Description: The Property identified on the attached Exhibit "A" is intended to accommodate residential and neighborhood convenience development in the City of Anna. The residential uses for the land identified on the Concept Plan shall be developed in accordance with the "SF-72 — Single Family District" regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. 1.2 PD-72 Development Standards: a. Building and Area Requirements: The following development standards shall pertain to residential uses, as outlined above, developed within the PD-72 areas: i. Minimum Floor Area — The minimum floor area per dwelling unit shall be one thousand eight hundred (1,800) square feet. ii. Lot Area — The minimum area of any lot shall be seventy-two hundred (7,200) square feet. iii. Overall Average Lot Area — The overall lot area average for the residential lots within the Property as defined on Exhibit "A" shall be a minimum of eighty-four hundred (8,400) feet. iv. Lot Coverage — In no case shall more than sixty (60) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. V. Lot Width — The minimum width of any lot shall be sixty (60) feet measured at the front building line, except for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a width of fifty-five (55) feet at the front building line; provided all other requirements of this section are fulfilled. vi. Lot Depth — The minimum depth of any lot shall be one hundred twenty (120) feet, except for lots at the terminus of a cul-de-sac, on a corner or along a curve may have a minimum lot depth, measured at mid -points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. vii. Front Yard — The minimum depth of the front yard shall be twenty-five (25) feet. Covered drives (no carports), garages and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five (5) feet from the established front building line into the front yard area. 2 viii. Side Yard —The minimum side yard shall be seven and one-half (7.5) feet. The side yard adjacent to a street shall be fifteen (15) feet. ix. Rear Yard — The minimum depth of the rear yard shall be twenty-five (25) feet. 2.2 Conformance to all applicable articles of the Anna Zoning Ordinance: Except as amended herein, this PD shall conform to any and all applicable articles and sections of the Anna Zoning Ordinance as it presently exist or may be amended. 2.3 General Compliance: Except as amended by this Ordinance, development of property within this PD must comply with the requirements of all ordinances, rules and regulations of the City of Anna as they exist or may be amended. 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 3 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 day of 2014. ATTESTED: APPROVED: Natha Wilkison, City Secretary Mike Crist, Mayor EXHIBIT "A" PLANNED DEVELOPMENT DISTRICT 4 Exhibit A BEING all of that certain 48.004 acre tract of land situated in Collin County, Texas, in the J.C. Brantley Survey, Abstract No. 114, and being a re -survey of a called 47.98 acre tract of land described in a Special Warranty Deed recorded at County Clerk File No. 96-0062799 in the Collin County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod found at a bend in County Road 427 at the most Northerly corner of said 47.98 acre tract, being the Southeast corner of a called 65.543 acre tract of land described as Tract 7 in a Quitclaim Deed recorded at County Clerk File No. 96-0110244, said point also being the Southwest comer of a called 25.024 acre tract of land described in a General Warranty Deed recorded in Volume 4942, Page 511 of said deed records, from which a PK nail set at the centerline intersection of County Road 427 and County Road 376 bears North 00 deg. 00 min. 37 sec. West, 874.54 feet, said found 112 inch iron rod being the most Northerly comer hereof, THENCE South 59 deg. 24 min. 09 sec. East generally along the center of County Road 427, the Northeasterly line of said 47.98 acre tract and the Southwesterly line of said 25,024 acre tract a distance of 577.27 feet to a 112 inch iron rod found in the center of County Road 427 at the common East corner thereof, from which a 112 inch iron rod found in concrete on the North side of County Road 427 bears North 33 deg. 06 min. 00 sec. East, 19.67 feet, said found 112 inch iron rod in the center of County Road 427 being the most Easterly corner hereof, THENCE South 33 deg. 59 min. 07 sec. West along a Southeasterly line of said 47.98 acre tract, at 24.66 feet pass over a 112 inch iron rod found at a fence comer post and continuing generally along or near a fence on a Southeasterly line of said 47.98 acre had and a Northwesterly line of a called 24.722 acre tract of 1130d described in a Warranty Deed recorded at County Clerk File No. 95-0083721 a distance of 892.84 feet to a 1/2 inch iron rod found at a fence comer post at a common corner thereof; THENCE South 61 deg. 56 min. 28 sec. West generally along or near a fence on a Southeasterly line of said47.98 acre tract and a Northwesterly line of said 24.722 acre tract a distance of 1558.68 feet to a 112 inch iron rod found at a fence comer post at the common West comer thereof, said point being in the East line of the Dallas Area Transit (DART) rail right-of-way (50 feet from centerline) said found 1/2 inch iron rod being the most Southerly corner hereof; THENCE North 24 deg. 00 min. 42 sec. West generally along or near a fence on the East line of said DART rail right-of- way (50 feet from centerline) a distance of 1278.03 feet to a 112 inch iron rod found therein at the Southwest corner of said 65.543 acre tract, said found 1/2 inch iron rod being the Northwest comer hereof; THENCE North 76 deg. 53 min. 40 sec. East along the South line of said 65.543 acre tract, at 1.30 feet pass over a 112 inch iron rod found at the Northwest corner of said 47.98 acre tract, and continuing along the South line of said 65.543 acre tract and the North line of said 47.98 acre tract a distance of 1822.79 feet toa 1/2 inch iron rod found at a common Easterly comer thereof, said found 1/2 inch iron rod being a Northerly corner hereof; THENCE North 33 deg. 16 min. 07 sec. East along the Northwest line of said 47.98 acre tract and the Southeast line of said 65.543 acre tract a distance of 223.15 feet to the Place of Beginning and being calcl-1 sated to Contain 48.004 acres of land, more or less. EDC OF ANNA, TEXAS RESOLUTION NO. PAGE 2 OF 2 NOTICE OF PUBLIC HEARING The owner(s) of the tracts described in the attached exhibit has/have petitioned the City of Anna to grant the following changes in zoning for said tract: The property is currently zoned as Single Family Estate (SF-E) and existing Planned Development. The tract is approximately 48.004 acres of land in the J C Brantley Survey, Al 14. The owner(s) are requesting a zoning change to Planned Development (PD) Single Family Zoning. The subject property is located west of CR 427 and south of 376. A map and other documents are enclosed regarding the zoning request. As an owner of property located within two hundred (200) feet of the boundaries of the tract described in the attached exhibits you are hereby notified of the request for the zoning change. A public hearing on the request will be held by the Planning and Zoning Commission of the City of Anna at the Community Room of the Anna City Hall Administration Building, located at 111 North Powell Parkway (Hwy 5), Anna, Texas, at 7:00 p.m., Monday, May 12, 2014. Your attendance and comments on the request are welcomed. Should you desire to make a written response, a form has been attached for your convenience. For such response to be considered by the Planning and Zoning Commission the form must be returned to the address indicated before the time and date indicated on the form or brought to the public hearing. 6. (a) Public Hearing: To consider public comments regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.04 5 (Masonry Content). The front elevations of residential structures masonry content is already controlled by our zoning ordinance. However, on double frontage lots or in areas that visually abut thoroughfares rear elevations need to be addressed. Making rear elevations match the front elevations in these instances will improve the overall appearance of our City when traversing through the City along thoroughfares. (b) Consider/Discuss/Act on recommendation regarding an ordinance amending the Anna Code of Ordinances by amending Part III-C (Zoning Ordinance), Section 35 by adding Section 35.04 5 (Masonry Content). CITY OF ANNA, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE ANNA CITY CODE OF ORDINANCES BY AMENDING PART III — C (ZONING ORDINANCE), SECTION 35 BY ADDING SECTION 35.04(f)(5) MASONRY CONTENT); AND PROVIDING FOR A PENALTY FOR ANY VIOLATION OF THIS ORDINANCE NOT TO EXCEED $2,000; PROVIDING FOR SAVINGS, SEVERABILITY, AND REPEALING CLAUSES; PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Anna, Texas ("the City") has previously adopted ordinances, rules and regulations governing the construction of buildings and maintenance; and WHEREAS, the City Council of the City of Anna seeks to protect and provide for the public health, safety, and welfare, including but not limited to the aesthetic development of property within its corporate limits; and WHEREAS, the City Council finds it to be in the best interest of the public to create and maintain a positive community image and identity by requiring architectural treatments that enhance the visual appearance and character of the residential neighborhoods of the City; and WHEREAS, the City Council has determined that the City's Code of Ordinances should provide regulations pertaining to architectural design and maintenance; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS, THAT: Section 1. Recitals Incorporated. The above -referenced recitals are incorporated herein as if set forth in full for all purposes. Section 2. Amendments. 2.01 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, this ordinance amends Part III - C (Zoning Ordinance) of the Anna City Code of Ordinances by adding Section 35.04 (residential architectural standards) as follows: Section 35.04 Residential Architectural Standards (a) House repetition (1) Within residential developments, single family homes with substantially identical exterior elevations can only repeat every four (4) lots when fronting the same right-of-way including both sides of the street. (2) Homes side by side or across the street within one house (directly across the street or "caddy corner" across the street) shall not have EXHIBIT "A" substantially identical exterior elevations. (b) Roofs (1) Except for porch roofs and shed roofs, pitched roofs shall have a minimum slope of 6" x 12" (six inches vertical rise for every 12 inches horizontal run) and shall have an overhang at least 1' (one foot) beyond the building wall; however, the overhang shall not encroach into a setback more than one foot. Porch roofs and shed roofs must have a minimum pitch of 4" x 12" (2) Roofing materials in all residential districts may only consist of architectural asphalt shingles (including laminated dimensional shingles), clay and concrete tile, metal shingles, mineral -surfaced row roofing, slate and slate -type shingles an equivalent or better product as compared with said materials. Should architectural shingles be used as roofing material, said shingles shall be accompanied with a minimum 25 year warranty. Under no circumstance shall three -tab shingles be used as roofing material. (c) Garages. On front entry garages the face of a garage may not: (1) be extended more than ten feet beyond the remainder of the front elevation of the primary living area of a house; or (2) be over 60% of the total frontage width of a house except where swing drives ("J" drives) are used. Porches or columns are not considered part of the front elevation of the primary living area. (d) Building Articulation. At least four fagade articulation techniques are required on each single family home to add architectural variety and interest to a building. The following features shall be acceptable techniques of exterior articulation. (1) A base course or plinth course; banding, moldings, or stringcourses; quoins; oriels; cornices; arches; balconies; brackets; shutters; keystones; dormers; louvers as part of the exterior wall construction. (Quoins and banding shall wrap around the corners of the structure for at least two feet.) (2) Horizontal banding continuing the length of the wall that faces a street, or other similar highly visible areas. (3) The use of both stone and brick on the front elevations with a minimum of ten percent coverage of one of the elements. (4) Front porch of at least 50 square feet. 5) The installation of at least two (2) coach lights. (6) Other techniques for Building Articulation can be substituted if administratively approved by the Administrative Official. (e) Fenestration. (1) Windowless exterior walls, excluding garage doors, that face a public right-of-way, or other similar highly visible areas are prohibited. On two story structures, windows are required on the first and second story facing a public right-of-way. (2) Windows shall be in harmony with and proportionate to the rest of the structure. (3) The use of reflective glass on residential structures is prohibited. Reflective glass will be defined as having a visible light reflectance rating of 15% or greater. (f) Masonry Content. (1) Except as noted below, the exterior walls (excluding windows and doors) on the First Floor Front Elevation of any single family home shall be 90 percent masonry and 80 percent on the second floor front elevation. The total cumulative surface area of the remaining exterior walls (excluding windows and doors) shall be 80% masonry. (2) Except as noted below, the exterior walls (excluding windows and doors) on the Front Elevation of any multi -family structure shall be 100 percent masonry. The total surface area of the remaining exterior walls (excluding windows and doors) shall be 90% masonry. (3) Second floor Dutch Gable Roof elements are not required to be masonry if setback at least 3 feet from the first floor front elevation vertical plane. (4) Residential masonry standards do not apply to the SF-1 district. (5) Where elevations of residential structures are visible from public rights - of -way, either through abutting or having a strip of undevelopable land between the residential structure and the rights -of -way, the same masonry standards that apply to applicable residential front elevations shall aoDly to the elevations visible from riahts-of-way. (g) Exceptions to the Residential Architectural Standards in this section may be only occur after application and review by the Planning and Zoning Commission and approval by the City Council by Specific Use Permit. 2.02 In accordance with Part II, Article 1, Section 9 of the Anna City Code of Ordinances, this ordinance amends Part III - C (Zoning Ordinance) of the Anna City Code of Ordinances by amending Appendix 1 of Part III - C as shown in Exhibit "A" attached hereto and incorporated herein as if set forth in full. Section 3. 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 violation is considered a separate offense and will be punished separately. Section 4. Savings, Severability and Repealing Clauses. All ordinances of the City in conflict with the provisions of this ordinance are repealed to the extent of that conflict. If any provision of this ordinance shall be held to be invalid or unconstitutional, the remainder of such ordinance shall continue in full force and effect the same as if such invalid or unconstitutional provision had never been a part hereof. The City declares that it would have passed this ordinance, and each section, subsection, clause, or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. Section 5. Publication of the Caption Hereof and Effective Date. This ordinance shall be in full force and effective from and after its passage and upon the posting and/or publication, if required by law, of its caption and the City Secretary is hereby directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas, this day of 20 ATTESTED: APPROVED: City Secretary, Natha Wilkison Mayor, Mike Crist Adjourn.