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HomeMy WebLinkAboutOrd 933-2021 Rezoning Property at Anna RanchCITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located generally located at the northeast, southeast, and southwest corners of future Leonard Avenue (CR 422) and E Foster Crossing (CR 421)) 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 amendment to a Planned Development (Ordinance No. 323-2007) on Property described in Exhibit A ("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 northeast, southeast, and southwest corners of future Leonard Avenue (CR 422) and E Foster Crossing (CR 421) is being rezoned from Planned Development -Single -Family Residence (SF-60)/Restricted Commercial (C-1) to Planned Development -Single -Family Residence (SF-60)/Townhome District (SF-TH)/Multiple- Family Residential — High Density (MF-2)/Restricted Commercial (C-2)/Light Industrial District (I- 1) with modified standards on 205.0± 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. 1 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. Purpose. The purpose of this Planned Development District is to facate the development of high - quality development east of State Highway 5 along the northside of the Collin County outer loop to accommodate those uses that are of city-wide and regional significance. Within this District are permitted industrial, retail, service, office uses, 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 1-1 Light Industrial (1-1), 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-TH Townhome District (SF-TH), and the Planning and Development Regulations except as otherwise specified herein. a. I-1 Light Industrial District: Maximum land area: 86.0± acres in general conformance with the location as shown on the approved concept plan b. C-2 General Commercial District Property. Maximum land area: 19.4± acres in general conformance with the location as shown on the approved concept plan c. MF-2 Multiple -Family Residential -High Density Maximum land area: 31.8± acres in general conformance with the location as shown on the approved concept plan. Landscape Buffer: A 60400t-wide vegetative buffer shall be provided on the north side of the district where adjacent to asingle-family residential district. Trees with a 3" minimum caliber shall be planted staggered at 25- foot centers. The 60400t vegetative buffer shall count as the required "60- foot setback from the adjacent property line for buildings in excess of one story in height". d. SF-TH Townhome District Minimum lot size: 2,125 square feet 2 ii. Lot area (feet): 2,125 per unit Minimum lot depth: 85 feet iv. Maximum number of lots: 123 lots v. Front entry off-street parking shall be permitted for SF-TH development e. Additional Residential Standards: The following items shall be implemented as part of the Single Family Residential and Multiple -Family Residential land area; Park land and public/private facility dedication/construction: In an effort to meet a portion of the required park land dedication requirement; dedication of two tracts of land, as shown on the approved Concept Plan, forthe 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. Said dedication shall be credited toward the overall dedication requirement of one acre per 50 proposed dwelling units. ii. Amenity Centers)/Pocket Parks: 1. Two private amenity center facilities shall be provided within the proposed single-family communities. The proposed location and amenities shall be in general conformance with the approved Concept Plan to include but not limited to land area, pools, bathroom facilities, guest parking, and associated improvements. 2. Within the SF-60 single-family residential development a 0.7± acre pocket park. iii. Landscape setbacks/buffer: 1. For all single-family zoned properties (SF-60 and SF-TH), a minimum 30-foot-wide common area lot shall be required adjacent to all sides of Major Collectors (greater than 604eet ROW). The common area lots are to be owned and maintained by the homeowners' associated 2. 15400t-wide common area lots shall be required adjacent to the north/south ROW that traverses the SF-60 single-family residential development as shown on the approved Concept Plan. The common area shall be planted with one large tree (minimum of three-inch caliper and seven feet high at the time of planting) per 40 linear feet, or portion thereof, of street frontage. The common area lots are to be owned and maintained by the homeowners' associated i] iv. Fencing: 1. Rear and/or side yards of single-family residential lots adjacent to the 30400t common area lot along Leonard Avenue and CR 421 (future Foster Crossing Road) shall have fencing consisting of an 8-foot-tall cedar fence of uniform design with masonry columns at no less than 50400t intervals. The fence shall be owned and maintained by the single-family development HOA. 2. Common area lots adjacent to the 30-foot common area lot shall have ornamental metal fence, such as wrought iron or tubular steel, with masonry columns at no less than 50400t intervals. The fence shall be owned and maintained by the single-family development HOA. 3. Wood fencing of a uniform design shall be constructed along the side lot lines of homes adjacent to the 15-foot-wide common area lots located adjacent to the north/south ROW that traverses through the SF-60 single-family residential development as shown on the approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 4. Wood fencing of a uniform design shall be constructed along the side lot lines of home located along the Leonard Avenue entrance into the SF-60 single-family residential development as shown on the approved Concept Plan. The fence shall be owned and maintained by the single-family development HOA. 5. Ornamental metal fences, such as wrought iron or tubular steel shall be constructed along the rear and/or side yard of any residential lot abutting and/or adjacent to open space/common area lot not referenced above. The fencing shall be owned and maintained by the single-family development HOA. 6. All other fencing 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. v. Sidewalks: 1. Construction of an 8-foot hike and bike trail along the entire frontage of Leonard Avenue and County Road 421 (future Foster Crossing). 2. Construction of a 6-foot-wide sidewalks traversing north/south through the SF-60 single family residential zoned property as shown on the approved Concept Plan. C! 3. The City of Anna will be responsible for maintain only those portions of the hike and bike trail or sidewalks that are located within or within close proximity to the ROW. 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 24th day of August 2021. ATTESTED:\\\,,++++titilltilt/,,,�I4fPPROVED: a Oak Carrie L. Land, City Secretary k Hatq:�:Pike, Mayor °° go rEX rA ++ 5 ZONING DESCRIPTION 205,450 ACRES BEING A 205.450 ACRE TRACT OF LAND SITUATED IN THE GRANDERSON STARK SURVEY, ABSTRACT NO. 798 AND THE DAVID E.W. BABB SURVEY ABSTRACT NO, 335 CITY OF ANNA, COLLIN COUNTY, TEXAS, AND BEING PART OF A 360.545 ACRE TRACT OF LAND, CONVEYED TO HARLAN PROPERTIES, INC. BY DEED RECORDED IN COUNTY CLERK'S FILE NO. 20121228001650300 OFFICIAL PUBLIC RECORDS, COLLIN, TEXAS, SAID 205.450 ACRE TRACT, WITH BEARING BASIS BEING THE MONUMNETED NORTH LINE OF SAID 360.545 ACRE TRACT, BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA SURVEYING" SET FOR THE SOUTHEAST CORNER OF A 69.551 ACRE TRACT OF LAND CONVEYED TO GEHAN HOMES, LTD., AS RECORDED IN COUNTY CLERK'S FILE NO. 20201012001765080, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS, SAID POINT BEING ON THE EAST LINE OF SAID 360,545 ACRE TRACT; THENCE, ALONG THE EAST LINE OF SAID 360.545 ACRE TRACT THE FOLLOWING COURSES AND DISTANCES: SOUTH 00 DEGREES 30 MINUTES 17 SECONDS WEST, A DISTANCE OF 711.12 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; SOUTH 89 DEGREES 52 MINUTES 49 SECONDS WEST, A DISTANCE OF 233.51 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; SOUTH 00 DEGREES 00 MINUTES 57 SECONDS EAST, A DISTANCE OF 1038.95 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; SOUTH 00 DEGREES 10 MINUTES 54 SECONDS EAST, A DISTANCE OF 742.74 FEET TO A "X" CUT IN CONCRETE FOUND FOR CORNER ON THE NORTH LINE OF THE COLLIN COUNTY TOLL ROAD, (A VARIABLE WIDTH RIGHT-OF-WAY); THENCE, ALONG THE SOUTH LINE OF SAID 360.545 ACRE TRACT AND THE NORTH LINE OF SAID COLLIN COUNTY TOLL ROAD, THE FOLLOWING COURSES AND DISTANCES: NORTH 89 DEGREES 28 MINUTES 57 SECONDS WEST, A DISTANCE OF 1380.35 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 89 DEGREES 39 MINUTES 07 SECONDS WEST, A DISTANCE OF 2076.95 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; NORTH 89 DEGREES 04 MINUTES 37 SECONDS WEST, A DISTANCE OF 224.40 FEET TO A POINT FOR THE SOUTHEAST CORNER OF AN 85.571 ACRE TRACT OF LAND CONVEYED BY DEED TO ANNA ECONOMIC DEVELOPMENT CORPORATION RECORDED IN COUNTY CLERK'S FILE NO, 2017013000004800, OFFICIAL PUBLIC RECORDS, COLLIN COUNTY, TEXAS; THENCE, OVER AND ACROSS SAID 360.545 ACRE TRACT AND ALONG THE EAST LINE OF SAID 85.571 ACRES, THE FOLLOWING COURSES AND DISTANCES: S:\NTX-LAND\0020\200 SURVEY\230 Legal Descriptions\0020ZN01 205 ACRES.docx NORTH 00 DEGREES 55 MINUTES 23 SECONDS EAST, A DISTANCE OF 224.40 FEET TO A POINT FOR CORNER, NORTH 55 DEGREES 24 MINUTES 03 SECONDS WEST, A DISTANCE OF 316.51 FEET TO A POINT FOR CORNER, NORTH 00 DEGREES 48 MINUTES 29 SECONDS EAST, A DISTANCE OF 1346.23 FEET TO A POINT FOR CORNER, NORTH 11 DEGREES 33 MINUTES 53 SECONDS WEST, A DISTANCE OF 61.85 FEET TO A POINT FOR THE NORTHEAST CORNER OF SAID 85.271 ACRE TRACT AND BEING ON THE NORTH LINE OF SAID 360.545 ACRE TRACT; THENCE, SOUTH 89 DEGREES 11 MINUTES 32 SECONDS EAST, ALONG SAID NORTH LINE OF SAID 360,545 ACRE TRACT, A DISTANCE OF 346.26 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; THENCE, SOUTH 89 DEGREES O1 MINUTES 26 SECONDS EAST, CONTINUING ALONG SAID NORTH LINE OF SAID 360,545 ACRE TRACT, A DISTANCE OF 1933.03 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; THENCE, NORTH 00 DEGREES 31 MINUTES 59 SECONDS EAST, ALONG THE WEST LINE OF SAID 360,545 ACRE TRACT, A DISTANCE OF 811.24 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; THENCE, NORTH 00 DEGREES 29 MINUTES 40 SECONDS EAST, CONTINUING ALONG SAID WEST LINE, A DISTANCE OF 330.28 FEET TO AN "X" CUT IN CONCRETE FOR THE SOUTHWEST CORNER OF AFORESAID 69.511 ACRE TRACT; THENCE, OVER AND ACROSS SAID 360.545 ACRE TRACT AND ALONG THE SOUTH LINE OF SAID 69.511 ACRE TRACT, THE FOLLOWING COURSES AND DISTANCES: SOUTH 89 DEGREES 30 MINUTES 20 SECONDS EAST, A DISTANCE OF 70.00 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA" SET FOR CORNER; SOUTH 88 DEGREES 37 MINUTES 13 SECONDS EAST, A DISTANCE OF 931.67 FEET TO A POINT FOR CORNER; SOUTH 75 DEGREES 21 MINUTES 13 SECONDS EAST, A DISTANCE OF 60.15 FEET TO A POINT FOR CORNER; SOUTH 73 DEGREES 33 MINUTES 23 SECONDS EAST, A DISTANCE OF 162.66 FEET TO A POINT FOR CORNER; SOUTH 74 DEGREES 06 MINUTES 47 SECONDS EAST, A DISTANCE OF 57.51 FEET TO A POINT FOR CORNER; SOUTH 76 DEGREES 06 MINUTES 42 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; S:\NTX-LAND\0020\200 SURVEY\230 Legal Descriptions\0020ZN01 205 ACRES.docx SOUTH 78 DEGREES 11 MINUTES 56 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; SOUTH 80 DEGREES 17 MINUTES 09 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; SOUTH 82 DEGREES 22 MINUTES 22 SECONDS EAST, A DISTANCE OF 58.46 FEET TO A POINT FOR CORNER; SOUTH 84 DEGREES 12 MINUTES 16 SECONDS EAST, A DISTANCE OF 58.47 FEET TO A POINT FOR CORNER, SOUTH 85 DEGREES 49 MINUTES 43 SECONDS EAST, A DISTANCE OF 18.21 FEET TO A POINT FOR CORNER; SOUTH 35 DEGREES 27 MINUTES 23 SECONDS EAST, A DISTANCE OF 127.76 FEET TO A POINT FOR CORNER; SOUTH 00 DEGREES 30 MINUTES 17 SECONDS WEST, A DISTANCE OF 192.93 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "LJA" SET FOR CORNER; SOUTH 89 DEGREES 29 MINUTES 43 SECONDS EAST, A DISTANCE OF 230.49 FEET THE POINT OF BEGINNING AND CONTAINING 205.450 ACRES LAND, MORE OR LESS. 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