HomeMy WebLinkAboutOrd 922-2021 Zone Property to Single-Family Residential (SF-72) (Future Leonard Avenue)CITY OF ANNA, TEXAS
(Property rezoned under this ordinance is generally located at the southwest intersection
of CR 427 and CR 425 (Future Leonard Ave))
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 for zoning from Tex Properties Group, LLC 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 at the southwest intersection of CR 427 and CR 425
(Future Leonard Ave) 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.
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 27th day of July 2021.
ATTESTED: ,.��k'''"'fit PROVED: '
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L Easement created In Instrument executed by Don Braley to Grayson Collin Electric Cooperatim,
Inc. dated June 21. 2000, filed March 27. 20OZ recorded In Volume 5135. Page 164. Real Property
Rocorda. Collin County, Texas, and as shown and noted on survey by Matthew Busby. R.P.L.S. No.
5751. dated September 25. 2018, revised September 2& 2018. BLANKET EASEMENT OVER TRACT
F. Easement created In Instrument executed by Donald 9. Braley and Now N. Braley to County of
Collin, dated January 17. 2002, tied January 24, 2002, recorded In Volume SM. Page 4825. Real
Property Records. Caft County. Texas, and as shown and noted on survey by Matthew Busby,
R.P.L.S. No. 5751. dated September 25. 20M revised September 28. 2D18. SHOWW ON DRAWING
G. Easement created In Instrument executed by Donald B. Braley and Nova N. Braley to County of
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Collin, dated April 3, 2000. Bed April 10. 2006, recorded In Clark's No. 2DOGG410000463870. Real
Property Records, Collin County, Texas: revised and replaced by Instrument recorded In Clerk's No.
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200607120095454D. Red Property Records, Coffin County. Texas, and as shown and noted on
survey by Matthew Busby, R.P.L.S. No. 5751. dated September 25. 2010. revised September 26.
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dated August B. 1927. fled November 17. 1927 recorded In Volume 269, Pogo 73. Real Property
Records, Collin County, Texas, as noted on survey by Matthew Busby. R.P.L.S. No. 5751dated
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September 25. 2018, revised September 28. 2018 BLANKET EASEMENT OVER PROPERTY
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Corporation. dated Momh 3D, 197K Bad July 20. 1978, recorded In CCj 19780D00237, Volume
1122. Page 202. Real Property Records. Collin County, Texas. Blanket Easement as noted on Survey
by Joel Wilhite. R.P.L.S. No. 5190. dated 10/29/2014. DOCUMENT CREATES A 15'
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PROPERTY LINE
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OVERHEAD ELECTRIC LINE
LEGAL DESCPJP770M
39.747A6RES
Sffuated fn the Cotmty of Cott►, State of Texas. befrig a feast afthe .L t: Braettley Survey,
Abdmd IVo:114, ar d-baltig aU ofthe same trad of land desatbod as 1.7.268 ecru conveyed to
TexPmPert/a8GfouP, LLC,:by dead -recorded In Catlin Cotmly Number202002t130WIS6180,
.Deed Records,'CoWn County, Texan and batng allot the same tract ofland dews bad as
22 432actes colveyedlo TexPmperWs,0muA UC, by.deedmoord 41-Cohn County
Number 20181004W f244950, Deed Recards, Co9/n County. Texas and haing mote particu OO
doscdbad by metes and booted$ aslbilorvs: -
•890ninget o fo W &rafeollW bohq the Southeast saucerora 5.00 oo& tract cfiand
conWyad 1a Jame tslrod by dead reWrdW In Coft County Numbor,2018100400t244930
Deed Recards, •COW County, Tom also bebtg the Northeast coowof said 22432 acre tract
also befog -in a.comilyAxlet
Thence South 010=41"1ltl{est leaving the county road aW c6+nt living alongihe West line
of County'Rotttt No. 4259 tWil nceaf 1011.50 feat too found tSWSMOII root:
T tenWjV*0 89'o3341Wast paWng v found 117 steel rod at :f100 feet and Coat MAV
fbrs.totel iWance•of 799.24 feNto irfQtond 1R'stad tt4
thence North W09W West a 4Wanae,of 74-C OO foot to a set Waleakrod being -the
Scu/thlerest caner df8aid t,T.2tt1 iiGf9 tract;
Tbence4iforth o2'S97D2",Wost•a dratartaetlf 733�91'frx►t to slfence cgr7ierpost marking an
atoo point In thoWed line ofsaid t7.268,acmhud.
5hence0wW35129W*,,E8slardWbm*,of771.75feettoeset f2"ste6radfaftSouth
tine ofCciolyRoad No. 427.
{thence along the South0te of, County Road No. 427 The fottotivmg cabs and tsfarices:
South B8'S8Wftst a ctisterweof 104.82 feet to a found &84efeeltoo
South 80 48'5Y East a d+s amo of .117.601&0 tole set 1i2wsteelIva
South B2'4079Eada dUaoca of t€3:52 feet to a set 1R"sieetrod;
South 62.58W52' East a disience of 4M 23feet tea found t5d8'steel rod
South 78"59'5VEast a distance of f21, 20 foot to ado red &rsfed mat
North 87.2i 77" East a t5sta m of 3ft10 feet tolhe Point cf Bool oln9 and mtf&bV
39.747mma cflatid.'
OWNER/DEVELOPER:
DATE Of PREPARATION: JUNE 28, 2021
TEX PROPERTIES GROUP, LLC
1008 COWBOYS PARKWAY
ZONING EXHIBIT
IRVING. TEXAS 7W63
OF
TEL (972)971-4959
CR 427 TRACT
SURVEYOR:
PAPE-DAWSON ENGINEERS, INC. BEING
6810 TENNYSON PARKWAY. SURE 425 SURVEY.
A 39.747 ACRES SITUATED 1N THE J. C. BRANTLEY
ABSTRACT NUMBER 114. DJ COLLIN COUNTY, TEXAS
PLANO. TEXAS 75024
TEL: (214) 420-8494
T8PLS FIRM NO.10194390
ZONE: SF-72
CONTACT: LANCE STEWART. P.E.
PLAT N0. -
JOB Im 70100-00
DATE JUKE 20M
DESDAR Slit
OEM(ED AS DRAWS101
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DRAFTING & SURVEYING, INC.
LEGAL DESCRIPTION
39.747 ACRES
Situated in the County of Collin, State of Texas, being a part of the J. C. Brantley Survey,
Abstract No. 114, and being all of the same tract of land described as 17.268 acres conveyed to
Tex Properties Group, LLC, by deed recorded in Collin County Number 20200205000166180,
Deed Records, Collin County, Texas, and being all of the same tract of land described as
22.432 acres conveyed to Tex Properties Group, LLC, by deed recorded in Collin County
Number 20181004001244950, Deed Records, Collin County, Texas and being more particularly
described by metes and bounds as follows:
Beginning at a found 518" steel rod being the Southeast corner of a 5.00 acre tract of land
conveyed to James Elrod by deed recorded in Collin County Number 20181004001244950
Deed Records, Collin County, Texas also being the Northeast corner of said 22.432 acre tract
also being in a county road;
Thence South 01 °39'41" West leaving the county road and continuing along the West line
of County Road No. 425 a distance of 1011.50 feet to a found 518" steel rod;
Thence North 89003'34" West passing a found 112" steel rod at 15.00 feet and continuing
for a total distance of 799.24 feet to a found 112" steel rod;
Thence North 89°09'39" West a distance of 744.06 feet to a set 112" steel rod being the
Southwest corner of said 17.268 acre tract;
Thence North 02°59'02" West a distance of 733.91 feet to a fence corner post marking an
angle point in the West line of said 17.268 acre tract;
Thence North 3502933" East a distance of 771.75 feet to a set 112" steel rod in the South
line of County Road No. 427;
Thence along the South line of County Road No. 427 the following calls and distances:
South 58°38'00" East a distance of 104.82 feet to a found 518" steel rod;
South 60°48'55" East a distance of 117.60 feet to a set 112" steel rod;
South 62°49'57" East a distance of 53.82 feet to a set 112" steel rod;
South 6205652" East a distance of 499.23 feet to a found 518" steel rod;
South 76059'50" East a distance of 121.20 feet to a found 518" steel rod;
North 87021'37" East a distance of 360.19 feet to the Point of Beginning and containing
39.747 acres of land.
1, Douglas W. Underwood, Registered Professional Land Surveyor, hereby certify that a
survey was made on the ground on the property legally described herein, and that the plat
herewith is a true, correct and accurate representation of the property legally described
hereinabove.
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Douglas 14 1 nderwood
ooucins ,w:.l}NDERWO�6 Registered Professional
4709 ��; `Q Land Surveyor No. 4709
S. U Rv�y4 Firm No. 10006300
3404 INTERURBAN ROAD . D6N, TEXAS 75021 . 903-465-2151 . FAX 903-465-2152
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BOUNDARY LINE
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PROPERTY LINE
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OVERHEAD ELECTRIC LINE
SEE ATTACHED
LEGAL DESCRIPTION
- BASIS OF BEARINGS
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GRID NORM, NAD 83
TEXAS STATE PLANE COORDINATE SYSTEM
NORTH CENTRAL ZONE
REPLAT
8.00 AC
1, Douglas W. Underwood, Registered Professional Land Surveyor,
SWEETWATER CROSSING PHASE ff I
CC# 2006122 07829440
hereby certify that a survey was made on the ground on the property
MAP RECORD R, PAGE 197
0.R.Cs T.
legally described herein, and that the plat herewith Is a true, correct
accurate representation of the property legally described
Iand
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W. UNDERW001 Douglas W. Underwood
Registered Professional
4709 :'� Land Surveyor No. 4709
<'9itiQR��E55\ FfrmO 1000630021
F,�O .
DRAFTING & SURVEYING
DATE F
SVR
3404 INTERURBAN
ROAD DENISON, TEXAS 75021 (903)465-2151
CITY OF ANNA
PLANNING & ZONING COMMISSION
July 6, 2021
Public Hearing: Zoning — CR 427 Tract
Applicant: Tex Properties Group LLC
DESCRIPTION:
Request to zone 39.7± located at the southwest intersection of CR 427 and CR 425
(Future Leonard Ave) 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.
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. A Zoning Exhibit (Exhibit A) accompanies
this request.
The applicant is not requesting to vary from any of the City of Anna adopted regulations.
Surrounding Land Uses and Zoning
North
Undeveloped property zoned SF-72 Sweet Cow Addition, Ord. No. 899-2021
East
Single-family residences located in the Extraterritorial Jurisdiction ETJ .
South
Single-family residences zoned Agricultural and Planned Development-SF-72
Sweetwater Crossing, Ord. No. 127-2004
West
Vacant land located in the Extraterritorial Jurisdiction ETJ .
Conformance with the City of Anna Strategic Plan and Comprehensive Plan
Anna Vision 2036
a. Principle 3: Beautiful Community
i. Well -maintained, attractive neighborhoods and single-family
homes complying with City codes and ordinances
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 2026
a. Sustainable Anna Community Through Planned, Managed Growth
Manage residential growth
Have a diverse range of housing choices available in Anna
Future Land Use Plan — The Future
Land Use Plan designates this property
as Ranching & Agriculture (RA). This
category is only generally defined within
the current Comprehensive Plan.
Character & Intent: Agricultural areas are
characterized by very large tracts of
undeveloped land utilized for agricultural
production, wildlife management or
ranching, including the raising of
livestock. There are opportunities for
additional uses that support the
character and economic viability of
agriculture.
COUNTY ROAD 376
02 .
N
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4'N C�REEK�
nna Middle
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COUNTY ROAD 427
Land Use Considerations: Single-family detached homes and supporting structures,
agriculture related tourism, local food production and distributed energy generation.
Cluster Residential may be permitted within a larger Ranching and Agriculture property if
an amount of open space equal to the platted lots is preserved and water and wastewater
requirements can be met.
The Anna 2050 Future Land Use Plan identifies areas that require significant
infrastructure improvements as Ranching & Agricultural. The proposed development is
the same with the zoning of surrounding subdivisions and will dedicate right-of-way for
two major roads identified on the Thoroughfare Plan.
SUMMARY:
Request to zone 39.7± located at the southwest intersection of CR 427 and CR 425
(Future Leonard Ave) 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.
The request is in conformance with the Future Land Use Plan and elements of the City of
Anna Strategic Plan and Anna 2050 Comprehensive Plan. For these reasons, staff is in
support of the zoning request.
ZONING - CR 427 TRACT PAGE 2 OF 3
RECOMMENDATION:
Recommended for approval subject to City Council approval of annexation.
Single -Family Residence (SF-72) Standards:
Maximum height (feet)
135
Side yard, interior (feet)
5 feet or 10% of the lot width, whichever is greater.
Side yard, corner lot, street
side (feet)
15
Rear yard (feet) (d)
25
Front yard (feet)
25
Lot area (feet)
73200
Min. lot width (feet)
60
Min. lot depth (feet)
120
Max. lot coverage (%)
40%
Building size (square feet)
1800
(d) The required rear yard shall be open and unobstructed to the sky from a point 30
inches above the average elevation of the graded rear yard, except for accessory
buildings as permitted herein. Eaves, covered porches, and roof extensions without
structural support in the rear yard may extend into the rear yard a distance not to exceed
four feet. Balconies shall not project into the required rear yard.
ZONING - CR 427 TRACT PAGE 3 OF 3
THE CITY OF
kNuna
Please circle one.
In favor of request Neutral to request
comments:
J
posed to request
G,
By signing this letter, I declare I am the owner or authorized agent of the property at the address
written below.
Name P seal e PnX
/L2
rg ture
Address
Date
Please return form to:
USPS Mail:
City of Anna
Planning and Development i reP2,t'ient
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 LMECKEC�a xaCR 427 Tract
Subject: Zoning Response
27 Tract Zoning 07/06/2021
0
THE CITY OF
manna
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.kf�n n'(2A h')1' /�
CJ
Name (Please Print)
Signature
C2 `ID D /a dA 13rook , c k'aye_ j,-7X 750 za
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(aD-annatexas.gov
Subject: Zoning Response — CR 427 Tract
CR 427 Tract Zoning 07/06/2021
THE CITY OF
Aftha
d
Please circle one: l / W
In favor of request Neutral to requ st 4"��Pposed
�to request
Comments:
ri how
By signing this letter, I declare I am the owner or authorized agent of the property at the address
written below.
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(c.annatexas aov
Subject: Zoning Response — CR 427 Tract
CR 427 Tract Zoning 07/06/2021
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