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HomeMy WebLinkAboutOrd 2000-15 Zoning Oak Hollow.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 2000- 15 AN ORDINANCE OF THE CITY OF ANNA, TEXAS, AMENDING THE OFFICIAL ZONING MAP OF THE CITY TO REFLECT A REZONING OF CERTAIN PROPERTY TO A PLANNED DEVELOPMENT ZONING DISTRICT FOR SINGLE FAMILY AND COMMERCIAL USES; PROVIDING A REPEALER CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the owner of the approximately 138.476 -acre tract described on Exhibit A attached hereto and made an integral part hereof (which property is commonly known as the "Oak Hollow" subdivision) has requested the creation of a planned development zoning district for single family and commercial uses; and WHEREAS, the City Council of the City of Anna, Texas (the "City") has given the requisite notices and afforded a fall and fair hearing to all property owners generally and to all persons interested in and situated in the affected area and in the vicinity thereof and has concluded that the Comprehensive Zoning Ordinance of the City (the "Comprehensive Zoning Ordinance") should be amended as set forth in this ordinance (this "PD Ordinance"): r; • NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS AS FOLLOWS: n LJ Section 1. The Comprehensive Zoning Ordinance of the City is hereby amended by zoning the approximately 138.476 -acre tract described on Exhibit A attached to and made an integral part of this PD Ordinance as a mixed use planned development zoning district for single family and commercial uses as follows: A. The approximately 132.859 -acre tract described on Exhibit B attached to and made an integral part of this PD Ordinance (which tract is illustrated on Exhibit F attached to and made an integral part of this PD Ordinance) shall be limited to single family residential uses in accordance with the development requirements set forth on Exhibit C attached to and made an integral part of this PD Ordinance. B. The approximately 5.617 -acre tract described on Exhibit D attached to and made an integral part of this PD Ordinance (which tract is illustrated on Exhibit F attached to and made an integral part of this PD Ordinance) shall be limited to commercial uses in accordance with the development requirements set forth on Exhibit E attached to and made an integral part of this PD Ordinance. Section 2. The official Zoning Map of the City shall be corrected to reflect the change in zoning established by this PD Ordinance. Page 1 0 10 13 2.00069:552931.03 • b Section 3. All ordinances of the City in conflict with the provisions of this PD Ordinance are repealed to the extent of that conflict. Section 4. This PD Ordinance shall take effect immediately fiom and after its passage and the publication of the caption of said ordinance as the law in such case provides. PASSED on this the 14th day of November 2000, by the following vote of the City Council of the City of Anna, Texas. AYES: 4 NAYS: 0 ABSTAIN: 1 APPROVhD: ) ATTEST: Mayor City Secretary Page 2 Exhibit A • Oak Hollow PD Zoning Ordinance Leeal Description 138.476 -Acre Tract SITUATED in Collin County, Texas, in the Henry Smith Survey, Abstract No. 823 and the Thomas Rattan Survey, Abstract No. 782, being a resurvey of part of the 40 acre FIRST TRACT and a part of the 100-1/2 acre SECOND TRACT as described in a deed from BECK JAMES, aka LORA D. JAMES, EXECUTRIX, to BECK JAMES dated Sept. 1992 Recorded in Document No. 92-0066572 of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at all iron pin found at the southeast corner of said 100-1/2 acre tract and the northeast corner of the Daniel H. Smallwood 20.474 acre tract, Ref. V. 454, P. 426 and in the west line of the Charles L. White 7.48 acre tract and, in the center of County Road No. 367; Thence south 89°45'53" west, 789.96 feet with a fence and with the south line of said 100-1/2 acre tract and with the north line of said 20.474 acre tract to an iron pin found in the south line of said 100-1/2 acre tract, at the northwest corner of said 20.474 acre tract and the northeast corner of the R. M. Ginsberg, Trustee 96.085 acres, Ref. V. 1860, P. 243; Thence westerly with the south line of said 100-1/2 acre tract and with the north line of said 96.085 -acre tract and with a fence as follows: Thence north 88°17' west, 288.47 feet; Thence south 89°22'41 " west, 178.22 feet; Thence north 88°38'46" west, 524.7 feet tci,and iron pin found in the east line of said 40 - acre tract and the southwest corner of said 100-1/2 acre tract; Thence south 1°27'15" west, 29.27 feet to an iron pin found beside a corner post at the southeast corner of said 40 -acre tract; Thence westerly with the south line of said 40 -acre tract and with the north line of said 96.085 -acre tract and with a fence as follows: South 88°09'42" West, 101.9 feet; North 89°50'17" west, 606.15 feet to and iron pin set at the southwest corner of said 40 acre tract and the southeast corner of the Leroy Purser 15.0 acres, Ref. V. 1675, P. 709; Thence north 00°02'33" west, 2,465.65 feet with the west line of said 40 acre bract and the east line of the 15.0 acre tract to an iron pin set in the west line of said 40 acre tract and the curved south R.O.W. line of F. M. 455 and the northeast corner of said 15.0 acre tract, from which the radius center lies South 3°22'18" East, 1869,86 feet; Thence easterly with said curved south R.O.W. line and to the right, an arc of 109.93 feet around a central angle of 3°22'07" an a radius of 1869.86 feet to an iron pin set at the P.T. of said curve; Thence easterly with said south R.O.W. line as follows: South 89°50' east, 481.62 feet to an iron pin set; South 88°03' east, 1010.44 feet to an iron pin set; South 87°40' east, 875.03 feet to an iron pin set in the east line of said 100-1/2 acre tract, in said south R.O.W. Line and at the northwest corner of the John H. Rattan 36 acres, Ref. Doc. 96-0024888; Thence south 00°23'03" east, with the east line of said 100-1/2 acre tract and the west line of said 36 acre tract passing an iron pin found at the southwest corner of said 36 acre tract and Page 3 • E the northwest corner of the Steven G. Hodge 17.612 acres, Ref. Doc. 95.0054203 at 1315.33 feet and continuing with the center of County Road No. 367 and with the east line of said 100-1/2 acre tract and the west line of said 17.612 acre tract and the west line of said 7.48 acre tract to the PLACE OF BEGINNING and containing 138.476 acres of land. CERTIFICATION TO: Lora D. 'Beck" James, Anna 138, JV, And/of Assigns and to American Title Company. I, hereby certify that I made the survey on the ground on Oct. 23, 2000 of the herein described tract shown hereon and set corner stakes as reflected on the plat and that only visible improvements on the ground are as shown on the survey; to my knowledge, there are no encroachments, overlapping of improvements or conflicts except as shown on the survey plat; that the survey is guaranteed to its completeness. G. M. GEER, REGISTERED PROFESSIONAL LAND SURVEYOR TEX. REG. NO. 3258 1512 West University, Suite 300 McKinney, Texas 75069 Phone (972)562-3959 Page 4 N Exhibit B Oak Hollow PD Zoning Ordinance Legal Description 132.859 -Acre Single Family Tract SITUATED in Collin County, Texas, in the Henry Smith Survey, Abstract No. 823 and the Thomas Rattan Survey, Abstract No. 782, being a resurvey of part of the 40 acre FIRST TRACT and a part of the 100-1/2 acre SECOND TRACT as described in a deed from BECK JAMES, aka LORA D. JAMES, EXECUTRIX, to BECK .TAMES dated Sept. 1992 Recorded in Document No. 92-0066572 of the Collin County Land Records, being described by metes and bounds as follows: BEGINNING at an iron pin found at the southeast corner of said 100-1/2 acre tract and the northeast corner of the Daniel H. Smallwood 20.474 acre tract, Ref. V. 454, P. 426 and in the west line of the Charles L. White 7.48 acre tract and, in the center of County Road No. 367; Thence south 89°45'53" west, 789.96 feet with a fence and with the south line of said 100-1/2 acre tract and with the north line of said 20.474 acre tract to an iron pin found in the south line of said 100-1/2 acre tract, at the northwest corner of said 20.474 acre tract and the northeast comer of the R. M. Ginsberg, Trustee 96.085 acres, Ref. V. 1860, P. 243; Thence westerly with the south line of said 100-1/2 acre tract and with the north line of said 96.085 -acre tract and with a fence as follows: Thence north 88°17' west, 288.47 feet; Thence south 89°22'41" west, 178.22 feet; Thence north 88°38'46" west, 524.7 feet tct and iron pin found in the east line of said 40 - acre tract and the southwest corner of said 100-1/2 acre tract; Thence south 1°27'15" west, 29.27 feet to an iron pin found beside a corner post at the southeast comer of said 40 -acre tract; Thence westerly with the south line of said 40 -acre tract and with the north line of said 96.085 -acre tract and with a fence as follows: South 88°09'42" West, 101.9 feet; North 89°50'17" West, 606.15 feet to an iron pin set at the southwest corner of said 40 acre tract and the southeast comer of the Leroy Purser 15.0 acres, Ref. V. 1675, P. 709; Thence north 00°02'33" west, 2046.06 feet with the west line of said 40 acre tract and the east line of the 15.0 acre tract and with a fence to an iron pin set in said west line and fence; Thence north 89°57'27" east, 580.0 feet to an iron pin set for a corner; Thence north 0°02'33" west, 421.03 feet to an iron pin set in the south R.O.W. line of Farm Road No. 455; Thence easterly with said south R.O.W. line to iron pins set as follows: South 89°50' east, 11.48 feet; South 88°03' east, 1010.44 feet; South 87°40' east, 875.03 feet to an iron pin set in the east line of said 100-1/2 acre tract, in said south R.O.W. Line and at the northwest corner of the John H. Rattan 36 acres, Ref. Doe. 96-0024888; Thence south 00°23'03" east, with the east line of said 100-1/2 acre tract and the west line of said 36 acre tract passing an iron pin found at the southwest corner of said 36 acre tract and the northwest corner of the Steven G. Hodge 17.612 acres, Ref. Doc. 95.0054203 at 1315.33 feet Page 5 w s N and continuing with the center of County Road No. 367 and with the east line of said 100-1/2 acre tract and the west line of said 17.612 acre tract and the west line of said 7.48 acre tract to the PLACE OF BEGINNING and containing 132.859 acres of land. CERTIFICATION TO: Anna 138, JV, And/or Assigns, Collins Commercial Realty, Inc. and/or Assigns and to American Title Company. 1, hereby certify that I made the survey on the ground on Oct. 23, 2000 of the herein described tract shown hereon and set corner stakes as reflected on the plat and that only visible improvements on the ground are as shown on the survey; to my knowledge, there are no encroachments, overlapping of improvements or conflicts except as shown on the survey plat; that the survey is guaranteed to its completeness. G. M. GEER, REGISTERED PROFESSIONAL LAND SURVEYOR TEX. REG. NO, 3258 1512 West University, Suite 300 McKinney, Texas 75069 Phone (972)562-3959 Page 6 I N Exhibit C Oak Hollow PD Zoning Ordinance Development Requirements for 132.859 -Acre Sinele Family Tract ] . Development and Use. The approximately 132.859 -acre tract more particularly described on Exhibit B attached to and made an integral part of this PD Ordinance will be developed and used in accordance with the single-family requirements set forth in this Exhibit C and in accordance with the development requirements, processes and procedures of the Comprehensive Zoning Ordinance: (a) applicable to the "R-1 Single - Family Residential" zoning district and (b) in effect on the date this PD Ordinance is passed by the City Council of the City. In the event of any conflict or inconsistency between this PD Ordinance and the Comprehensive Zoning Ordinance, the provisions and intent of this PD Ordinance shall control. The Comprehensive Zoning Ordinance requirement for a Concept Plan is waived because this PD Ordinance contains detailed development requirements and because the City Council of the City has approved a preliminary plat for the Oak Hollow Estates Subdivision dated June 2000 prepared by Carter & Burgess (the "Approved Preliminary Plat"); however, the Approved Preliminary Plat will only be construed as an illustration of the development concepts and not pail of this PD Ordinance or an exact representation of all specific development details. The Comprehensive Zoning Ordinance requirements for a development site plan (as provided by Section 20C and 20D of the Comprehensive Zoning Ordinance) and for a site plan (as provided by Section 28M of the Comprehc{ sive Zoning Ordinance) are deemed satisfied by the Approved Preliminary Plat, and (as provided by the referenced Section 20D) application may be made for the permits and certificates necessary for construction. No additional development site plans or site plans shall be required to develop any property covered by the Approved Preliminary Plat. Amendments to the Approved Preliminary Plat (or to any final plat of any portion of the property covered by the Approved Preliminary Plat) will be handled in accordance with the applicable provisions of the City's subdivision ordinance and will not be considered a zoning change. 2. Permitted Uses. The permitted uses will be the same as those permitted in the above - referenced "R-1" zoning district. 3. Setbacks. The minimum residential setbacks will be as follows: a. Minimum front yard —20 feet; however, covered porches and bay windows may encroach up to five feet into the required setback. b. Minimum side yard — five feet; however (i) 10 feet shall be required on a corner lot adjacent to a side street and (ii) garages that face a side street must maintain a minimum setback of 20 feet. C. Minimum rear yard —15 feet. • Page 7 4. Lot Dimensions. The minimum dimensions for residential lots will be as follows: d. Minimum lot area — 6,000 square feet. C. Minimum lot width — 50 feet. f Minimum lot depth — 90 feet. 5. Minimum Dwelling Area. The minimum single-family dwelling unit area shall be 1,200 square feet. 6. Maximum Height. Except as provided below, the maximum building height for any residential structure shall be 2%2 stories or 35 feet, whichever is greater (excluding chimneys and vent stacks, cupolas, entry features, skylights, and other architectural features not intended for occupancy or storage). Notwithstanding the foregoing, however, all residential structures located on a lot with a rear yard that abuts F.M. 455 or C.R. 367 shall be limited to a maximum height of one story. 7. Maximum Lot Coverage. The maximum residential lot coverage shall be 50%. "Coverage" means the percentage of lot area covered by a roof or other structure (including accessory structures); however, roof caves and other ordinary building projections are excluded. 8. Off -Street Parking. A minimum of two riff -street parking spaces will be provided for each dwelling unit (which spaces must be located on the same lot as the dwelling unit). 9. Masonry Requirements. Exterior building materials for residential structures shall be at least 60% masonry. "Masonry" means brick, stone, pre -cast store, stucco, cement fiber siding, and any other similar veneer material attached to an outside wall. 10. Garages. Garages may be front facing, and there is no requirement for "swing" driveways. 11. Sidewalks. Sidewalks will be installed along the street frontage of all residential lots prior to the issuance of a final certificate of occupancy for each house constructed thereon. 12. Perimeter Fencing. Fences located along the outside perimeter of the subdivision (as defined by the Approved Preliminary Plat), if constructed of wood, shall be treated with a preservative to extend the life of, and enhance the appearance of, the fence. The maintenance of such perimeter fences shall be the responsibility of a private homeowner association. 13. Irrigated Landscape Buffer. An irrigated landscape buffer at least 10 feet wide shall be constructed beginning at the southwest corner of the existing Lair Cemetery and ending at the southeast corner of the 132.859 -acre tract described on Exhibit B. The landscape buffer shall be constructed only on land (a) owned by the applicant and located between the outside boundaries of the platted lots established by the Approved Preliminary Plat or Page 8 010132.00069:552931.03 0 N (b) that is within public right of way (provided such buffer may legally constructed with such right of way). The applicant shall have no responsibility to construct the buffer on private land owned by third parties. The buffer shall contain a variable height earthen bean (maximum slope of 3:1) planted with grass and with trees having a minimum caliper of 3 inches and a minimum separation of 50 feet. The buffer shall be completed in phases within 60 days of the recordation of each final plat of property to which the buffer requirement applies. Page 9 1rr 010132.00069:552931.03 Exhibit D • Oak Hollow PD Zoning Ordinance Legal Description 5.617 -Acre Commercial Tract SITUATED in Collin County, Texas, in the Thomas Rattan Survey, Abstract No. 782, being a resurvey of part of the 40 acre FIRST TRACT as described in a deed from BECK ..IAMES, aka LORA D. JAMES, EXECUTRIX, to BECK JAMES dated Sept. 1992 Recorded in Document No. 92-0066572 of the Collin County Land Records, being described by metes and bounds as follows: COMMENCING at an iron pin set beside a comer post at the southwest comer of said 40 acre tract and the southeast comer of the Leroy Purser 15.0 acres, Ref. V. 1675, P. 709; Thence north 0°02'33" west, 2046.06 feet with the west line of said 40 acre tract and the east line of the 15.0 acre tract and with a fence to an iron pin set in said west line and fence for a PLACE OF BEGINNING; Thence north 0°02'33" west, 419.59 feet with the west line of said 40 acre tract and the east line of the 15.0 acre tract and with a fence to an iron pin set in the west line of said 40 acre tract and the curved south R.O.W. line of F. M. 455 and the northeast comer of said 15.0 acre tract, from which the radius center of said curve lies South 3°22'18" East, 1869.86 feet; Thence easterly with said curved south R.O.W. line and to the right, an arc of 109.93 feet around a central angle of 3°22'07" on a radius of 1869.86 feet to an iron pin set at the P.T. of said curve; Thence easterly with said south R.O.W. link, as follows: South 89°50' east, 470.13 feet to an iron pin set; Thence south 0°02'33" east, 421.03 feel to an iron pin set for a corner; Thence south 89°57'27" west, 580.0 feet to the PLACE OF BEGINNING and containing 5.617 acres of land. CERTIFICATION: I, hereby certify that I made the survey on the ground on Oct. 23, 2000 on the herein described tract shown hereon and set corner stakes as reflected on the plat and that only visible improvements on the ground are as shown on the survey; to my knowledge, there are no encroachments, overlapping of improvements or conflicts except as shown on the survey plat; that the survey is guaranteed to its completeness. G. M. GEER, REGISTERED PROFESSIONAL LAND SURVEYOR TEX. REG. NO. 3258 1512 West University, Suite 300 McKinney, Texas 75069 Phone (972)562-3959 Page 10 N Exhibit E S Oak Hollow PD Zoning Ordinance Development Requirements for 5.617 -Acre Commercial Tract 1. Development and Use. The approximately 5.617 -acre tract more particularly described on Exhibit D attached to and made an integral part of this PD Ordinance will be developed and used in accordance with the commercial requirements set forth in this Exhibit E and in accordance with the development requirements, processes and procedures of the Comprehensive Zoning Ordinance: (a) applicable to the "C-2 General Commercial" zoning district and (b) in effect on the date this PD Ordinance is passed by the City Council of the City. In the event of any conflict or inconsistency between this PD Ordinance and the Comprehensive Zoning Ordinance, the provisions and intent of this PD Ordinance shall control. The Comprehensive Zoning Ordinance requirement for a Concept Plan is waived because this PD Ordinance contains detailed development requirements. The Comprehensive Zoning Ordinance requirements for a development site plan (as provided by Section 20C and 20D of the Comprehensive Zoning Ordinance) and for a site plan (as provided by Section 28M of the Comprehensive Zoning Ordinance) may be satisfied by an approved preliminary plat, whereupon application may be made for the permits and certificates necessary for construction. .If a preliminary plat is approved by the city council of the City, no additional development site plans or site plans shall be required to develop the properly covered by the approved preliminary plat. Amendments to an approved preliminary 1 Iat (or to any final plat of any portion of the property covered by an approved preliminary plat) will be handled in accordance with the applicable provisions of the city's subdivision ordinance and will not be considered a zoning change. 2. Permitted Uses. The permitted uses will be the same as those permitted in the above - referenced "C-2" zoning district. 3. Setbacks. The minimum setbacks will be the same as those required by the above - referenced "C-2" zoning district. 4. Lot Dimensions. The minimum lot area, lot width and lot depth will be the same as required by the above -referenced "C-2" zoning district. 5. Minimum Building. The minimum building size will be the same as required by the above -referenced "C-2" zoning district. 6. Maximum Density. There is no maximum building or floor area density. 7. Maximum Height. The maximum building height will be the same as required by the above -referenced "C-2" zoning district; excluding, however (a) chimneys and vent stacks, church spires, elevator shafts, penthouses, cupolas, entry features, skylights, and other architectural features not intended for occupancy or storage; (b) flag poles and similar • devices; and (c) heating and air conditioning equipment, solar collectors, and similar Page 11 equipment, fixtures and devices provided such equipment, fixtures, and devices are screened from view from any public street. S. Maximum Lot Coverage. The maximum lot coverage shall be 50%. "Coverage" means the percentage of lot area covered by a roof or other structure (including accessory structures); however, roof eaves and other ordinary building projections are excluded. 9. Off -Street Parking. Off-street parking will be provided as required by the above - referenced "C-2" zoning district. 10. Masonry Requirements. Exterior building materials (a) for the front of all structures shall be at least 35% masonry and (b) for the front and both sides of all structures shall (in the aggregate) be at least 50% masonry. "Masonry" means brick, stone, pre -cast stone, stucco, cement fiber siding, architectural concrete, and any other similar veneer material attached to an outside wall. LI Page 12 0 Pi ®� Exhibit F Oak Hollow PD Zoning Ordinance Illustration of Sinele Family and Commercial Tracts Page 13