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.
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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.
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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:
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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"
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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