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HomeMy WebLinkAboutOrd 949-2021 Zone Property to Single-Family Residential District (SF-72) (Cedar Ridge Estates, Ph 2)CITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the south side of County Road 427, 130± feet east of Purdue Road.) •-� • ' : rV 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 request for zoning from NICID Limited Partnership 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 427, 130±feet east of Purdue Road 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 Severaty 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 $2,000 for each incidence of violation. Each day a violation exists is considered a separate offense and will be punished separately. Section 6. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 26th day of October 2021. VAAANV11 �``��\� ®. �QIY�.OVED: ATTESTED: • psI Carrie L. Land, City Secretary f � Niate Pike, Mayor !///111 N 111111N\\\\ EXHIBIT A PAGE 1 OF 2 I I I I I I c I I I I = I I ./ e o. oio t "6 (ton=.tu J \ O6 Ass •\ d ..O � It bSW1NEY ABSTRACTNO. 114 �s3rban4 0 ,s.. ,n,•.a •,.�. wrm. Ir'' -i77 yAgwl l_•Iv I_•i �.IM. �-1'= �ii1� � i �7:sa I n I 3 I 4 I s I 6 1 0 1 e 1 s 1 =e m us sa mslwa• I n I n EXHIBIT A PAGE 2 OF 2 LEO�L OESCOIPTION OF PPOPEOTY toga$ IM wtv tut ago Vogt At TAM U do I An him Seoul, core 24.0 Sto VMS of IW mergers AT too axis uvdt�a cut" or SWAP itett grant Urn &It bale; wo � uA PIS at~ �ta LAST lulu" Moral At All Was put 0 " $7.2111 U&I Suit Of MAP as 0wrind IS U& kin AT vat ;«_M`A�:::" nowards Ago Vatican tooat `A,,"..T...P,.,.,. AT re..... comfort flostal NOTES an nTLE couurtuEur TUE uo, s,.soesss scxeouLE •e• rtLN ,o. ..t A m Marvin an ...o...P..,T. a" 0 laita L,�. a V=tr, TRIALS. M atticm':u..r�m. otTatill. law Iowa ft. war a�Y�a Angular TAM Pro) `a 3 Tn....T..n se.e 0 SAM Acmulliftod. 2OF2 Na ,:uslo BEING a 2.4.82 acre tract of an situated within the Josiah C. Brantley Survey, Abstract No. 114, City of Anna Extraterritorial Jurisdiction, Collin County, Texas and being the same tract of land as described in the deed to The NICD Limited Partnership recorded in Volume 5878, Page 4689 of the Deed Records of Collin County, Texas (hereafter referred to as the NICD Tract). Said 24.82 acre tract of land surveyed on the ground in August of 2021 under the direction and supervision of Robert A. Hansen, Registered Professional Land Surveyor No. 6439 (the Basis of Bearings is Grid North as established by GPS observation utilizing the Texas Coordinate System of 1983, North Central Zone) and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2-inch iron rod found at the northeast corner of said NICD Tract, from which a found 1/2-inch iron pipe bears SOUTH 42 degrees 25 minutes 13 seconds WEST, 7.97 feet, and a 1/2-inch capped iron rod stamped "PRECISE LAND SURV." found at an angle point in the north line of a called 17.268 acre tract of land as described in the deed to TEX PROPERTIES GROUP, LLC recorded under Document No. 20200205000166180 of the Official Public Records of Collin County, Texas bears SOUTH 58 degrees 44 minutes 50 seconds EAST, 104.54 feet, and being on the southwest right of way line of County Road 427, a generally recognized variable width public right of way, no recording document found; THENCE SOUTH 35 degrees 31 minutes 39 seconds WEST, 771.65 feet with the common line of said NICD Tract and said called 17.268 acre tract of land to a 3-inch steel fence corner post found at a re-entrant corner of said NICD Tract and common with a salient corner of said 17.268 acre tract of land; THENCE SOUTH 02 degrees 58 minutes 10 seconds EAST, 734.21 feet with the common line of said NICD Tract and said called 17.268 acre tract of land to a 1/2-inch capped iron rod stamped "1519 SURVEYING" set at the south common corner of said NICD Tract and said called 17.268 acre tract of land, being on the north line of Block B of Sweetwater Crossing, Phase II recorded under Document No. 20200512010001640 of said Official Public Records, from which a 1/2-inch capped iron rod stamped "SGL PLS 3664" found at the north common corner of Lots 22R and 21R of said Block B bears SOUTH 89 degrees 11 minutes 00 seconds EAST, 3.09 feet; THENCE NORTH 89 degrees 11 minutes 00 seconds WEST, 1,695.63 feet with the south line of said NICD Tract, common with the north line of said Block B and the north line of Block F of Sweetwater Crossing recorded under Document No. 20051208001724030 of said Official Public Records to a 1/2-inch iron rod found on the east right of way line of the Dallas Area Rapid Transit, a 100-foot right of way, as described in the deed recorded in Volume 5443, Page 5532 of said Deed Records; THENCE NORTH 22 degrees 08 minutes 45 seconds WEST, 93.89 feet with the east right of way line of said Dallas Area Rapid Transit to a 3/8-inch iron rod found at the west common corner of said NICD Tract and a called 48.004 acre tract of land as described in the deed to COOPERZADEH II, LLC recorded under Document No. 20170214000201010 of said Official Public Records; THENCE NORTH 63 degrees 45 minutes 09 seconds EAST, 1,558.85 feet with the northwest line of said NICD Tract, common with the southeast line of said called 48.004 acre tract of land to a 1/2- inch iron rod found at a re-entrant corner of said NICD Tract, common with a salient corner of said called 48.004 acre tract of land; THENCE NORTH 35 degrees 47 minutes 48 seconds EAST, 868.35 feet with the northwest line of said NICD Tract, common with the southeast line of said called 48.004 acre tract of land to a inch capped iron rod stamped "1519 SURVEYING" set at the northwest corner of said NICD Tract and being on the southwest right of way line of said County Road 427; THENCE SOUTH 58 degrees 35 minutes 13 seconds EAST, 275.57 feet with the southwest right of way line of said County Road 427 to the POINT OF BEGINNING, containing 24.82 acres (1,081,284± square feet). CITY OF ANNA PLANNING & ZONING COMMISSION October 4, 2021 Public Hearing: Zoning —Cedar Ridge Estates, Phase 2 Applicant: NICID Limited Partnership DESCRIPTION: Request to zone 24.8± acres located on the south side of County Road 427, 130± east of Purdue Road 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 applicant is not requesting to vary from any of the City of Anna adopted regulations. The subject property is currently undeveloped. A Zoning Exhibit (Exhibit A) accompanies this request. Surrounding Land Uses and Zoning North Undevelo ed ro ert zoned SF-72 Sweet Cow Addition, Ord. No. 899-2021 East Single—familySingle-lamiiy residences kCamuen Parc, Ord. No. 662-2014 South Single-family residences zoned Agricultural and Planned Development-SF-72 Sweetwater Crossing, Ord. No. 127-2004 West Undeveloped 2021 property zoned SF-72 (Cedar Ridge Estates, Ord. No. 922- 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 i. 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 ii. 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. 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 requesting the same zoning as surrounding subdivisions and will dedicate right-of-way for two major roads identified on the Thoroughfare Plan, SUMMARY: Request to zone 24.8± 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. RECOMMENDATION: Recommended for approval subject to City Council approval of annexation. ZONING -CEDAR RIDGE ESTATES PH 2 PAGE 2 OF 3 Single -Family Residence (SF-72) Standards: Maximum height (feet) 35 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) 71200 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 -CEDAR RIDGE ESTATES PH 2 PAGE 3 OF 3