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HomeMy WebLinkAboutOrd 507-2010 Zoning Gray-Wildwood Ranch - 111.75 acres.pdf(Property rezoned under this ordinance is generally located west of West Crossing Blvd. and south of County Road Number 370) CITY OF ANNA, TEXAS ORDINANCE NO. 507-2010 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 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 west of West Crossing Blvd. and south of County Road Number 370 is being rezoned from Single Family Estate (SFE) zoning to Planned Development (PD) zoning, 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 ofthe 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 Comprehensive Plan of the City and City of Anna Ordinance No. 116-2003 as amended and codified as Part III-C of The Anna City Code of Ordinances are hereby amended by changing the zoning of the Property described in Exhibit A from Single Family Estate (SFE) to Planned Development (PD) zoning. The Planned Development (PD) zoning regulations limit the use of the Property or any part thereof to those permitted in the Single Family Residence District (SF-72) and the Neighborhood Commercial District (NC) except as otherwise set forth in these Development Standards, the regulations shall conform to the standards set forth in the City's Zoning Ordinance as it currently exists or may be amended). Ord. 507 -2010 Zoning GraylTwo-J Partners -111.75 acres.doc 08-24-10 1. PLANNED DEVELOPMENT -PDSF-72 Residential: 1.1 General Description: The Property identified on the attached Exhibit "A" is intended to accommodate residential and neighborhood convenience development in the City of Anna. The residential uses for the land identified on the Concept Plan shall be developed in accordance with the "SF-72 -Single Family District" regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. 1.2 PDSF -72 Development Standards: a. Permitted Uses: • The permitted uses in the property shall be the same as those permitted in the "SF-72 Single Family Residential" zoning district. • Parks, playgrounds and neighborhood recreation facilities including, but not limited to swimming pools, clubhouse facilities and tennis courts. • Churches/rectories. • Public, parochial, and private schools and colleges offering courses of general instruction and including convents, monasteries, dormitories, and other related living structures when located on the same site as the school or college. • Utility distribution lines and facilities. • Fire stations and public safety facilities. • Real estate sales office during the development and marketing of the residential areas. • Electronic security facilities including gatehouse and control counter. • Construction Trailers associated with development or residential, retail, or commercial uses. Accessory and Incidental Uses Accessory building to main use (C) Construction yard (temporary) (C) Field or sales office, temporary (C) Garage, private Swimming pool, private (C) (S) Home occupations b. Building and Area Reguirements: The following development standards shall pertain to residential uses, as outlined above, developed within the PDSF-72 areas: 1. Minimum Floor Area -The minimum floor area per dwelling unit shall be one thousand eight hundred (1,800) square feet. it Lot Area -The minimum area of any lot shall be seventy-two hundred (7,200) square feet. 111. Overall Average Lot Area The overall lot area average for the residential lots within the Property as defined on Exhibit "A" shall be a minimum of eighty-four hundred (8,400) feet. Ord. 507 -2010 Zoning GrayfTwo-J Partners -111.75 acres.doc 2 08-24-10 IV. Lot Coverage -In no case shall more than sixty (60) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. Swimming pools, spas, decks, patios, driveways, walks and other paved areas shall not be included in determining maximum lot coverage. v. Lot Width -The minimum width of any lot shall be sixty (60) feet measured at the front building line, except for lots at the terminus of a cul-de-sac, on a comer or along a curve may have a width of fifty-five (55) feet at the front building line; provided all other requirements of this section are fulfilled. vi. Lot Depth The minimum depth of any lot shall be one hundred twenty (120) feet, except for lots at the terminus of a cul-de-sac, on a comer or along a curve may have a minimum lot depth, measured at mid-points on front and rear lot lines, of ninety-five (95) feet; provided all other requirements ofthis section are fulfilled. vii. Front Yard The minimum depth of the front yard shall be twenty-five (25) feet. Covered drives, garages and porte-cocheres that are architecturally designed as an integral element of the main structure may extend up to five (5) feet from the established front building line into the front yard area. V1l1. Side Yard -The minimum side yard shall be seven and one-half (7.5) feet. The side yard adjacent to a street shall be fifteen (15) feet. IX. Rear Yard -The minimum depth of the rear yard shall be twenty-five (25) feet. x. Front Entry Setback -The minimum garage setback for front entry driveways shall be twenty (20) feet. xi. Maximum Building Height -Buildings shall be a maximum of two and one-half (2.5) stories, not to exceed thirty-six (35) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend above this height limit. XlI. Minimum Open Space Requirements -none. c. "NC" -Neighborhood Convenience District -NC is intended to provide a limited range of service and light retail land uses to serve the immediately adjacent residential neighborhood area. NC shall be allowed anywhere within the Property as defined on Exhibit "A". These areas shall be developed in accordance with the "NC Neighborhood Convenience" District regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. 1.3 Conceptual Development Plan: Prior to application for a preliminary site plan for any NC District tract of land within a given area in the Property, a Conceptual Development plan shall be submitted, receive a recommendation from the P&Z Commission and approved by the Anna City Council. This Conceptual Development Plan shall only be required for the general Ord. 507 -2010 Zoning GrayfTwo-J Partners -111.75 acres.doc 3 08-24-10 area within which development is to occur. This general area shall be bounded by major thoroughfares, ownership lines, creekways or other physical barriers that define a geographic boundary that separates the area of interest from other parcels within the Property. Plats and/or site plans submitted for the development of the PD shall conform to the data presented and approved on the Conceptual Development plan. Changes of detail on these final development plan( s) that differ from the Conceptual Development plan may be authorized by the Planning & Zoning Commission, with their approval of the final development plan(s) and without public hearing, if the proposed changes do not: 1. alter the basic relationship of the proposed development to adjacent property, 2. alter the uses permitted, 3. increase the density, 4. increase the building height, 5. increase the coverage of the site, 6. reduce the off-street parking ratio, 7. reduce the building lines provided at the boundary of the site, or 8. significantly alter any open space plans. If the Director of Development Services or the Planning & Zoning Commission determines that the proposed change(s) violates one (1) or more of the above eight (8) criteria, then a public hearing must be held to adequately amend the Conceptual Development Plan that is attached to the PD, prior to the Planning & Zoning Commission's approval of the final development plan(s). 1.4 A Conceptual Development Plan will expire after two (2) years of approval. 2. GENERAL CONDITIONS: 2.1 Amendment to the Planned Development District: 2.1.1 At such time a request to amend the PD is submitted, only the person initiating the request shall be named as the "Applicant". All owners of property within the boundaries of the PD are not required to be applicants for amendments to the PD, unless the requested amendments directly affect their property. 2.1.2 The notification area shall be two hundred (200) feet from the subject property listed on the application as defined by a separate boundary surveyor exhibit. The notification area shall meet state law as exists or may be amended. 2.2 Conformance to all applicable articles of the Anna Zoning Ordinance: Except as amended herein, this PD shall conform to any and all applicable articles and sections of the Anna Zoning Ordinance as it presently exist or may be amended. 2.3 General Compliance: Except as amended by this Ordinance, development of property within this PD must comply with the requirements of all ordinances, rules and regulations of the City of Anna as they exist or may be amended. Oro. 507 -2010 Zoning Grayrrwo-J Partners -111.75 acres.doc 4 08-24-10 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 ofthis 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 201 O. ATTESTED: Ord. 507 -2010 Zoning Grayrrwo-J Partners -111.75 acres. doc 5 08-24-10 EXHIBIT "A" Anna Gray 111 PLANNED DEVELOPMENT DISTRICT "Legal Description" BEING a tract of land located in the F.T. DUFFAU SURVEY, ABSTRACT NO. 288, Collin County, Texas and being the same tracts of land described in Deeds to TWO-J Partnership, recorded in Document Numbers 20080509000562490 and 20080509000562500, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a point on the South line of County Road No. 370 at the Northeast corner of said TWO-J tract recorded in Document No. 20080509000562490; THENCE South 00 degrees 33 minutes 37 seconds East, a distance of 2,688.16 feet to the Southeast corner of said TWO-J tract recorded in Document No. 20080509000562490; THENCE South 89 degrees 49 minutes 58 seconds West, a distance of 988.89 feet to the Southwest corner of said TWO-J tract recorded in Document No. 20080509000562490 and the Southeast corner of said TWO-J tract recorded in Document No. 20080509000562500; THENCE North 89 degrees 52 minutes 15 seconds West, a distance of 851.70 feet to the Southwest corner of said TWO-J tract recorded in Document No. 20080509000562500; THENCE North 00 degrees 29 minutes 00 seconds West, a distance of 2,640.00 feet to The Northwest corner of said TWO-J tract recorded in Document No. 20080509000562500; THENCE Easterly, along the north lines of said TWO-J tracts recorded in Document Numbers 20080509000532500 and 20080509000562490 respectively, the following five (5) courses and distances: East, a distance of 33.66 feet to a pOint for corner; South, a distance of 36.30 feet to a point for corner; North 86 degrees 50 minutes 08 seconds East, a distance of 813.25 feet to a point for corner; North 89 degrees 29 minutes 24 seconds East, a distance of 336.59 feet to a point for corner; North 86 degrees 43 minutes 11 seconds East, a distance of 655.40 feet to the POINT OF BEGINNING and containing 111.745 acres of land, more or less. NOTE: THIS DOCUMENT WAS PREPARED UNDER 22 TAC S663.21, AND DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. THE COURSES AND DISTANCES WERE DERIVED FROM THE DEEDS TO TWO-J PARTNERS, LLLP RECORDED IN DOCUMENT NUMBERS 20080509000562490 AND 20080509000562500. On:!. 507 -2010 Zoning GrayfTwo-J Partners -111.75 acres. doc 6 08-24-10 EXHIBIT "B" ANNA GRAY 50 PLANNED DEVELOPMENT DISTRICT "Concept Plan" ~ r SvxaL <YNNV H8NYa GOOMG'lIM DNINOZ H W '" ::> ~~ ~~ ~~ zz ~~ OW ~iIil .. ~ ~ ~I I: g I~ I I o~ . ~i!! ! t:~ ~ ~i5!!;!~ ~~ § 8~ H~§~o ~ ~i I; 8 ~ i II ...; I 2u. Ord. 507 -2010 Zoning GrayfTwo-J Partners -111.75 acres.doc 7 08-24-10 EXHIBIT "C" ANNA GRAY 111 PLANNED DEVELOPMENT DISTRICT DEVELOPMENT SCHEDULE It is anticipated that the development of Anna Gray 111 will begin within 5 to 1 0 years after approval and signing of the zoning ordinance. During this time 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 completed within 1 0 to 15 years of zoning approval. Ord. 507 -2010 Zoning Grayrrwo-J Partners -111.75 acres.doc 8 08-24-10