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HomeMy WebLinkAboutOrd 537-2011 Rezoning Property at mantua(property rezoned under this ordinance i s generaUy located east and west or U.S. 7S and between C.R. 370 and C.R 372) CITY OF ANNA, TEXAS ORDINANCE NO. 537-2011 AN ORDINANCE OF THE CITY OF ANNA, TEXAS AMENDING THE CITY'S C OMPREHENSIVE 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 PENALTV CLAUSE NOT TO EXCEED $2,000 OR THE mGHEST PENALTY AMOUNT ALLOWED BY LAW, wmCHEVER 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 east and w est of U.S. 75 and between C.R. 370 and C .R. 372 is being rezoned from Agricultural (AG) zoning to Planned Development (PD) zoning, and WHEREAS, the Pjanning 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 recitaJs are incorporated herein by reference for all purposes. Section 2. Zoning Change The Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part Ill-C of The Anna City Code of Ordinances are hereby amended by changing the zoning o f the Property described in Exhibit A from Agricultural (AG) to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those standards set forth in Exhibit D through D-15. 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 an~ 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 thi s ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance o f 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 forc e when the provisions of this ordinance become effective that are inconsistent or in contlict 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 b y the City Council, approv al by the Mayor, and posting andlor publication, if required by law, of its caption. The C ity Secretary is hereby authorized and directed to implement such posting andlor publication. PASSED by the City Council of the City of Anna, Texas this 8th day of February 2 011. ATTESTED: APPROVED: EXHIBIT "A" PLANNED DEVELOPMENT DISTRICT "Lega l Descriptio n" Tract ! Situated in the County of Collin, State of Texas, and being a part of the J. Whitaker Survey, Abstract No. 981, the J. C. Burge, Survey, Abstract No. 106, H. Smith Survey No. 822 and the and being more particularly described by metes and bounds as follows: BEGINNING at a point in the centerline Collin County Road No. 372 with the West right-of-way line ofU. S . Highway No. 75; THENCE Southerly, with the West right-of-way line of said U. S. Highway No . 75 , the following calls and distances: South 01 deg. 22 min. 30 sec. West, a distance of 2 4.40 ft.; South 44 deg. 11 min. 30 sec. East, a distance of 4 1.99 ft.; South 01 deg. 22 min. 30 sec. West, a distance of106.12 ft.; South 07 deg. 05 min. 08 sec. West, a distance of200.95 ft.; South 09 deg . 54 min. 2 1 sec. West, a distance of 202 .18 ft.; South 0 7 deg. 09 min. 20 sec. East, a distance of202.18 ft.; South 04 deg. 14 min. 15 sec. West, a distance of 400.39 ft.; South 27 deg. 51 min. 36 sec. West, a distance of 428.42 ft North 87 deg. 12 min. 30 sec. West, a distance of26.99 ft.; South 02 deg. 47 min. 30 sec. West, a distance of99.97 ft; South 87 deg. 12 min. 30 sec. East, a distance of76.98 ft.; South 18 deg. 26 min. 30 sec. East, a distance of334.99 ft.; South 04 deg. 20 min.. 08 sec. East, a distance of 200. 95 ft.; South 07 deg. 09 min. 20 sec. East, a distance of202.18 it; South 02 deg. 19 min. 27 sec. East, a distance of464.85 ft.; South 03 deg. 11 min. 45 sec. West, a distance of716.58 ft.; South 06 deg, 50 min. 15 sec. West, a distance of716.60 ft.; South 09 deg. 51 min. 13 sec. West, a distance of479.28 ft.; South 08 deg. 39 min. 30 sec. West, a distance of199.95 ft.; South 05 deg. 47 min. 46 sec .West, a distance of200.20 ft.; South. 08 deg. 39 min. 30 sec. West, a distance of357.82 ft.; North 88 deg. 16 min. 26 sec. West, a distance of63.63 ft.; South 01 deg. 55 min. 30 sec. West, a distance of287.46 ft.; North 89 deg. 33 min, 30 sec. West, a distance of67.70 ft.; South 00 deg. 26 min. 30 sec. West, a distance of69.98 ft.; South 89 deg. 33 min. 30 sec. East, a distance of39.99 ft.; South 44 deg. 07 min. 30 sec .East, a distance of 58.87 ft.; South 08 deg. 39 min. 30 sec. West, a distance of2,558.67 ft.; South 49 deg. 30 min. 30 sec. West, a distance of45.38 ft.; South 08 deg. 39 min. 30 sec. West, aclistance of 15.84 ft. THENCE North 89 deg. 48 min. 50 sec. West, a distance of641.87 ft. to an angle point; THENCE South 89deg. 39 min. 22 sec. West, a distance of375.1 7 ft to an angle point; THENCE North 00 deg. 11 min. 27 sec . West, a distance o f2,021.62 ft. to a point for corner llIENCE South 81 deg. 47 min 32 sec. West, a distance of21 2 .49 ft. to a point for comer; THENCE South 81 deg. 59 min. 05 sec. West, a distance 0[2 1239 ft to a point for comer, TIffiNCE South 80 deg. 54 min. 23 sec. West, a distance of 215.41 ft . to a point for comer; TIffiNCE South 81 deg. 15 min. 20 sec. West, a distance of212.27 ft. to a point for comer; TIIENCE South 81 deg. 25 min. 52 sec. West, a distance of219.67 ft. to a point for corner; TIIENCE North 00 deg. 19 min. 42 sec. East, a distance of95 .63 ft. to a point for comer; TIIENCE North 01 deg. 59 min. 02 sec. East, a distance of242.11 ft. to a point for corner THENCE North 01 deg. 26 min. 32 sec. East, a distance of 264.53 ft. to a point for comer; TIffiNCE North 02 deg. 07 min. 27 sec. East, a distance of 76 .53 ft. to a point for comer; T HENCE N orth 05 deg. 53 min. 45 sec. East, a distance of99.39 ft; to a point for comer; THENCE North 89 deg. 09 min. 36 sec. West, a distance of 50.81 ft. to a point at a comer of the Grayson/Collin Recreation property; THENC E Northerly, Westerly, then Southerly, in a general counter-clockwise direction, with the boundary of said Grayson/Collin Recreation property, the following calls and distances North 18 deg. 4 0 min. 53 sec. East, a distance of 782.69 ft. to an angle point; North 24 deg. 01 min . 40 sec. East, a distance of 425.00 ft. to an angle point; North 21 deg. 12 min. 27 sec. West, a distance of763.11 :ft. to an angle point; North 11 deg. 25 min. 16 sec. West, a distance of689.57 ft. to an angle point; N orth 36 deg. 46 min. 51. sec. East, a distance of 668.72 ft:, to an angle point; North 04 deg. 15 min. 15 sec. East, a distance of278.77 ft:, to an angle point; South 59 deg. 28 min. 23 sec. East, a distance of753.01 ft. to an angle point; South 37 deg. 0.1 min. 31 sec. East, a distance of 416.57 ft. to an angle point; S outh 26 deg. 08 min. 22 sec. East, a distance of 391.77 ft. to an angle point; N orth 72 deg. 04 min. 24 sec. East, a distance of 174.68 ft. to an angle point; North 69 deg. 06 min. 40 sec. East, a distance of280.00 ft. to an angle point; North 17 deg. 17 min. 12 sec. East, a distance of 627.74 ft. to an angle point; North 42 deg. 52 min. 5 8 sec. West, a distance of 1,121.60 ft. to an angle point; North 65 deg. 20 min. 30 sec. West, a distance of 1,103.38 ft. to an angle point; THENCE North 24 deg. 39 min. 30 sec. East a distance of 432.96 ft. to an angle point; THENCE North 33 deg. 49 min. 35 sec. East a distance of230.32 ft. to an angle point; THENCE North ]4 deg. 22 min. 25 sec. West a distance of266.89 ft. to an angle point; THENCE North 20 deg. 48 min. 28 sec. East a distance of267.97 ft. to an angle point; THENCE North 56 deg. 00 min. 07 sec . East a distance of281.57 ft. to a point for comer in the center line of County Road Number 372; THENCE Easterly with the center line of said County Road Number 372, the following calls and distances; South 60 deg. 49 min. 08 sec. East, a distance of25.99 ft.; South 68 deg. 03 min. 52 sec. East, a distance of 396.07 ft.; South 83 deg.28min.02sec.East,a distance of 100. 14ft.; North 55 deg. 13 min. 57 sec. East, a distance of 89.7 2 ft.~ North 37 deg. 10 min. 57 sec. East, a distance of 265.16 ft.; North 33 deg. 28 min. 27 sec. East a distance of 305.00 ft.; North 48 deg. 48 min. 29 sec. East, a distance of93.49 ft.; South 86 deg. 57 min. 36 sec. East, a distance of96.84 ft.; South 69 deg. 12 min. 09 sec. East, a distance of 184.29 ft.; South 66 deg. 03 min. 55 sec. East, a distance of 186.27 ft.; South 74 deg. 09 min. 11 sec. East, a distance of 54.65 ft.; South 87 deg. 30 min. 14 sec. East, a distance of 53.25 ft.; North 86 deg. 10 min. 45 sec. East, a distance of 143.79 ft.; North 89 deg. 42 min. 59 sec. East, a distance of353.70 ft. to the POINT OF BEGINNING and containing 374.03 acres ofland more or less . Tract 2 SITUATED in the County of Collin, State ofTe~and being apart of the 1. C. Burge Smvey, Abstrnct No. 106, being a part ofthe Eli Witt Smvey, Abstract No . m , and being a part ofthe 363.943 ac . tract ofland (Tract 2) conveyed to Vin Viola by W. Mark David by Special Warranty Deed dated July 30, 2001 and recorded in Volume 4987 , Page 697, Deed Rec< Collin COlmty, Texas, and being more particularly described as one tract ofland by metes and bounds as follows, to-wi BEGINNING at a point in the center of a publi c road, in the East right-<lf-way line of U. S. Highway No. 75 , a: Southwest comer of said Viola Tract 2, at the Northwest comer of the property conveyed to Stephen Gaggero in Voh 2929. Page 414 , said Collin C ounty Deed Records ; THENCE Northerly, with the East right-<lf-way line of said U. S. Highway No. 75 , the following calls and distan North. 08 deg . 39 min. 30 sec . East, a distance of 14.44 ft to an angle point; North 40 deg. 29 min. 30 sec. West, a distance of392 3 ft. to an angle point; North 08 deg. 39 min. 30 sec . East, a distance of66.9 7 ft. to an angle point; North 11 deg. 31 min. 15 sec. East, a distance of20020 ft ., to an angle point; North 05 deg. 4 7 min. 46 sec . East, a distance of200.20 ft. to an angle point; North 08 deg. 39 min. 30 sec. East, a distance of 999.74 ft. to an angle point; North 05 deg. 47 min. 46 sec . East, a distance of 400.40 ft. to an angle point; North 08 deg. 39 min. 30 sec. East, a distance of799.79 ft. to an angle point; North 10 deg. 48 min-22 sec. East, a distance of8oo.35 ft. to an angle point; North 08 deg. 39 min. 30 sec. East, a distance of 679.13 ft. to an angle point; North 06 deg. 50 min. 30 sec. East, a distance of740.09 ft. to an angle point; North 01 deg. 38 min. 37 sec. East, arustance of 73 9.74 ft. to an angle point; North 07 deg. 51 min. 29 sec. East, a distance of265.63 ft. to an angle point; North 04 deg . 14 min. 15 sec . East, a distance of400.40 ft . to an angle point; North 15 deg . 24 min. 41 sec. East, a distance of206. 1 0 ft. to an angle point; North 40 deg . 02 min . 06 sec. East, a distance of256.06 ft. to an angle point; North 0 2 deg. 41 min. 4 7 sec. East, a distance of 39.59 ft. to an angle point; N orth.42 deg. 51 min. 3 0 sec. West, a distance of 42.42 ft. to an angle point; North 0 5 deg . 43 .min .. 3 0 se c. West, a distanc e of 166.76 ft. to an angle point; N orth 33 deg. 37 min. 01 sec. W e st, a distance of 244.07 ft. to an angle point; North 05 deg . 45 .min. 00 sec. West, a distance of 403.01 ft. to an angle point; North 09 d eg. 56 min. 05 sec. West, a distance of 2 03.91 ft. to an angle point; North 0 1 deg . .22 min..3 0 sec. East, a distance of 513 .55 .ft. to an angle point; North 4 5 d eg. 48 min. 30 sec . East, a distance of 42 .85 ft. to an angle point; North 01 deg. 22 min. 30 sec. East, a distance of 26.10 ft ., to a point at the intersection of the E ast right-of-way line of said U. S'..Highway .N o . 75 with the center of a public road from the East, at the .Northwest comer of the herein described tract; THENCE N orth 89 deg. 26 min. 08 sec. E ast, with the center of said public road, a distance of 492 .32 ft . to a point at the most Northerly Northeast comer of the herein described tract, at the most W esterly N orthwest comer of the p roperty conveyed to Leonard Harlow in C ollin County Clerk's File N o. 92-0054819; THENCE South 00 deg. 05 min. 12 sec. West, with a West line of said Harlo w tract, a distance of 1,603 .3 3 ft . to a point at the centerline intersection of said public road with the center of Mantua Road, a public road, at the most Westerly Southwest comer of said Harlow tract; THENCE South 88 deg. 26 min. 29 sec. East, with the center of said Mantua Road and with a South line of said Harlow tract, a distance of 7 5 9. 59 ft. to a point at an Ell comer of said Harlow tract; 11IENCE South 02 deg. 15 min. 2 1 sec. West, with a West line of said Harlow tract, passing the most Southerly Southwest comer of said Harlow tract and the Northwest comer of the property conveyed to R. E . Lindsey in Volwne 986, Page 629, said Collin County Deed Records, and continuing now with the West line of said R E. Lindsey tract for a total distance of2,235 .00 fl to a point in the North line of the property conveyed to Arlie E. Lindsey in Volume 989, Page 400, said Collin Comty Deed Records at the Southwest comer of said R E. Lindsey tract, at the most Easterly Southeast comer of the herein described tract; THENCE North 85 deg. 49 min. 25 sec. West, with the North line of said Arlie E . Lindsey tract, a distance of774.86 ft. to a point at the N orthwest comer of said Artie E. Lindsey tract; THENCE South 00 deg. 29 min. 03 sec. West, with the West line of said Arlie E. Lindsey tract, passing the Southwest comer of said Arlie E. Lindsey tract and the Northwest comer of the property conveyed to Leonard Harlow in Volume 24 08, Page 323, said Collin COlmty Deed Records, and continuing now with the West line of said Harlow tract for a total distance of 4,656.8] ft. to a point at the most Southerly Southeast comer of said Viola Tract 2 and the herein described tract, at the Northeast comer of said Gaggero tract; THENCE North 89 deg . 50 min. 05 sec . West, with the North line of said Gaggero tract, entering the pavement of a public road, and continuing now with the center of said road for a total distance of 748 .4 8 ft. to an angle point; THENCE N orth 89 deg. 27 min. 33 sec. West, continuing with the center of said public road and the North line of said Gaggero tract, a distance of 448.57 ft to the PLACE OF BEGINNING and containing 177.70 ACRES of land . o EXHIBIT "B-1" Mantua PLANNED DEVELOPMENT DISTRICT "Concept Plan" POTENTIAL JOINT VENTURE CR 70 " EXHIBIT "B-2" Mantua PLANNED DEVELOPMENT DISTRICT "District Map" m,. g a: III" :»", C 0 " .... :: :J: -<0 (!; .-­Z z1t ~ 3:n ~ ;;:J a: < u V ILL A GE DIS T RICT VII (') :c c'" A","I'I, SCIIQOI. , \.IIV IIUlJ rt-t--.....--i;1~---INT R E (; nON O F 15 AN D M A NT U A PA R KWAY r I PRO}..-{:fi 0 VI L L AG E VA~l :'l V Nl C'l ~~~~·~..,O""'_--' "DI ST R I CT PROJf"CTn; I V I\ NNA. '':II 't' tI MII en l5l 0:: U V IL LAG E DISTRICT II EXHIBIT "C" PLANNED DEVELOPMENT DISTRICT DEVELOPMENT SCHEDULE It is anticipated that the developmen t of Mantua will begin with in 5 to 1 0 years after approval and signing of the zoning ord inance . Duri n g this ti me period , prior to the initial stages of development, it is foreseen that plans and studies will be prepared for development and marketing of the property . Progress of development improvements will primarily depend on time frames established for construction of thoroughfares , utilities, and market trends/demands for the area. It is antiCipated that the development of Anna Gray 111 , excluding total construction of all structures , will be comp leted within 15 to 25 years of zoning approval.