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HomeMy WebLinkAboutOrd 662-2014 Rezoning Property at CR 427(Property rezoned under this ordinance is generally located west of County Road 427. and south of County Road 376) CITY OF ANNA, TEXAS ORDINANCE NO. 662-2014 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 County Road 427 and south of County Road Number 376 is being rezoned from Single Family Estate (SFE) and Planned Development zoning to Planned Development (PD) Single Family Residential 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 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 Zoning Ordinance of the City, 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) and Planned Development (PD) 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) Development Standards or more restrictive as set forth below and all unspecified regulations shall Ord. 662-2014 Zoning Change — EDC Property — W of CR 427 & S of CR 376 1 07-08-14 conform to the standards set forth in the City's Zoning Ordinance as it currently exists or may be amended). PLANNED DEVELOPMENT — PD -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 PD -72 Development Standards: a. Building and Area Requirements: The following development standards shall pertain to residential uses, as outlined above, developed within the PD -72 areas: i. Minimum Floor Area — The minimum floor area per dwelling unit shall be one thousand eight hundred (1,800) square feet. ii. Lot Area — The minimum area of any lot shall be seventy-two hundred (7,200) square feet. iii. 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. 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 corner 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 corner or along a curve may have a minimum lot depth, measured at mid -points on front and rear lot lines, of one hundred (100) feet; provided all other requirements of this section are fulfilled. vii. Front Yard — The minimum depth of the front yard shall be twenty-five (25) feet. Covered drives (no carports), 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. viii. 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. Ord. 662-2014 Zoning Change — EDC Property — W of CR 427 & S of CR 376 2 07-08-14 ix. Rear Yard — The minimum depth of the rear yard shall be twenty-five (25) feet. 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. 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 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 8th day of July 2014. Ord. 662-2014 Zoning Change — EDC Property — W of CR 427 & S of CR 376 3 07-08-14 ATTESTED: w0d Nat a Wilkison, City Secretary Ord. 662-2014 Zoning Change — EDC Property — W of CR 427 & S of CR 376 4 07-08-14 Exhibit A BEING all of that certain 48.004 acre tract of land situated in Collin County, Texas, in the J.C. Brantley Survey, Abstract No. 114, and being a re -survey of a called 47.98 acre but of land described in a Special Warranty Deed recorded at County Clerk File No. 96-0062799 in the Collin County Deed Records, and being more particularly described by metes and bounds as follows: BEGINNING at a 112 inch iron rod found at a bend in County Road 427 at the most Northerly corner of said 47.98 acre tract, being the Southeast corner of a called 65.543 acre tract of land described as Tract 7 in a Quitclaim Deed recorded at County Clerk File No. 96-0110244, said point also being the Southwest comer of a called 25.024 acre tract of land described in a General Warranty Deed recorded in Volume 4942, Page 511 of said deed records, from which a PK nail set at the centerline intersection of County Road 427 and County Road 376 bears North 00 deg. 00 min. 37 sec. West, 874.54 feet, said found 112 inch iron rod being the most Northerly comer hereof, THENCE South 59 deg. 24 min. 09 sec. East generally along the center of County Road 427, the Northeasterly line of said 47.98 acre tract and the Southwesterly line of said 25,024 acre tract a distance of 577.27 feet to a 112 inch iron rod found in the center of County Road 427 at the common East corner thereof, from which a 112 inch iron rod found in concrete on the North side of County Road 427 bears North 33 deg. 06 min. 00 sec. East,19.67 feet, said found 112 inch iron rod in the center of County Road 427 being the most Easterly corner hereof, THENCE South 33 deg. 59 min. 07 sec. West along a Southeasterly line of said 47.98 acre tract, at 24.66 feet pass over a 112 inch iron rod found at a fence comer post and continuing generally along or near a fence on a Southeasterly line of said 47.98 acre tract and a Northwesterly line of a called 24.722 acre tract of 1130d described in a Warranty Deed recorded at County Clerk File No. 95-0083721 a distance of 892.84 feet to a 1/2 inch iron rod found at a fence corner post at a common corner thereof, THENCE South 61 deg. 56 min. 28 sec. West generally along or near a fence on a Southeasterly line of said47.98 acre tract and a Northwesterly line of said 24.722 acre tract a distance of 1558.68 feet to a 112 inch iron rod found at a fence corner post at the common West comer thereof, said point being in the East line of the Dallas Area Transit (DART) rail right-of-way (50 feet from centerline) said found 112 inch iron rod being the most Southerly comer hereof', THENCE North 24 deg. 00 min. 42 see. West generally along or near a fence on the East Cine of said DART rail right-of- way (50 feet from centerline) a distance of 1278.03 feet to a 112 inch iron rod found therein at the Southwest comer of said 65.543 acre tract, said found 1/2 inch iron rod being the Northwest corner hereof, THENCE North 76 deg. 53 min. 40 sec. East along the South line of said 65.543 acre tract, at 1.30 feet pass over a 112 inch iron rod found at the Northwest comer of said 47.98 acre tract, and continuing along the South line of said 65.543 acre tract and the North line of said 47.98 acre tract a distance of 1822.79 feet toa 1/2 inch iron rod found at a common Easterly comer thereof, said found 1/2 inch iron rod being a Northerly corner hereof, THENCE North 33 deg. 16 min. 07 sec. East along the Northwest line of said 47.98 acre tract and the Southeast line of said 65.543 acre tract a distance of 223.15 feet to the Place of Beginning and being caleLl fated to Contain 48.004 acres of land, more or less. �DC OF ANNA, TEXAS RESOLUTION OF V Q SONS, -noun inw, Q qv"M gyp"! l, w 1— W, LEE M§01f; ANI, MQ - N f Ev"' Q_" -Eq§ X"Ojg 01r; gjV who is do j"q-VP Wag -of w , "WHO Q; I illy" jvhhy� !"S Q gQ, WG .- '&—I of U—S­" W§ No Cots jvyvjg�f QEh f %2;"If lEg"M 1UM PRN Miz out! gas'pQ S22 noKTIZ j2SPSIV Qf � HE 'owns 0RT", " , KHI.91 s"ViOzhl 1TF1O.2 NI 1 MA I HiS val iI too OWN 1= b br� 'a P tow b -MA Hot WIN, MPH, 008S ss c 1 "coo dAl W A iI too OWN 1= b br� 'a P tow b -MA Hot WIN, MPH, 008S W A cap IRg "All C) K Ami iI too OWN 1= b br� 'a P tow b -MA Hot WIN, MPH, 008S