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HomeMy WebLinkAboutOrd 667-2014 Rezoning Property at South Side of FM 455 Adjacent to Throckmorton CreekCITY OF ANNA, TEXAS (Property rezoned under this ordinance is generally located on the south side of FM 455 and bordering Throckmorton Creek) ORDINANCE NO. 667-2014 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 and Exhibit B ("Property") attached hereto and incorporated herein for all purposes as if set forth in full; and WHEREAS, said Property generally located on the south side of FM 455 adjacent to Throckmorton Creek being rezoned from "PD - Single Family Residential" zoning district to "C-1 Restricted Commercial & 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 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 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 PD - Single Family Residential to C-1 Restricted Commercial (Tract A - being approximately 21.3± gross acres) & PD - Planned Development (Tract B - being approximately 29.7± gross acres) zoning. The Planned Development (PD) area zoning regulations limit the uses of the Property or any part thereof to those permitted in Single Family Residential District (SF - 60), Single Family Residential District — (SF -Z), Single Family Residential District (SF-TH) and Multi Family Residential (MF -1) with a maximum of 250 units within Tract B. Ord. 667-2014 Zoning Change — Property South side of FM 455 bordering Throckraorton Crk 08-26-14 Permitted Uses in the Planned Development: Single Family Homes are to be developed under the standards of the SF -60 standards except for the changes as follows: 1. SINGLE FAMILY RESIDENTIAL- SF -60 (6,000 Square Feet Min. Lot Size) i. Setbacks: Minimum side yard — 5 feet; however, 15 feet shall be required on a corner lot adjacent to a side street. ii. Lot Dimensions: The minimum dimensions for residential lots will be as follows: Minimum lot area — 6,000 square feet, with a 6,500 square foot minimum average; at least 25% of the lots in the PD shall be a minimum of 7,500 square feet. Minimum lot width — 50 feet at building line Minimum lot depth —120 feet iii. Minimum Dwelling Area: Minimum 1,300 square feet air conditioned living space iv. Maximum Heigh Two and one-half (2 1/2) stories or thirty-five (35) feet, whichever is greater (excluding chimneys and vent stacks, cupolas, entry features, skylights, and other architectural features not intended for occupancy or storage). v. Maximum Lot Coverage: Maximum lot coverage will be forty five percent (45%). "Coverage" means the percentage of lot area covered by a roof or other structure (including accessory structures). 2. SINGLE FAMILY RESIDENTIAL ZERO LOT LINE – SF -Z Zero Lot Line homes are to be developed under the standards of the the SF -Z standards except for the changes as follows: i. Maximum Height: Two and one-half (2 1/2) stories or thirty-five (35) feet, whichever is greater (excluding chimneys and vent stacks, cupolas, entry features, skylights, and other architectural features not intended for occupancy or storage). Ord. 667-2014 Zoning Change — Property South side of FM 455 bordering Throckmorton Crk 08-26-14 3. SINGLE FAMILY RESIDENT IAL TOWNHOUSE — SF-TH Townhouses are to be developed under the standards of the the SF-TH standards except for the changes as follows: i. Off -Street Parking: A minimum of two (2) spaces are required with one (1) of the spaces enclosed. (spaces must be located on the same lot as the dwelling unit). 4. MF -1 MULTIPLE FAMILY RESIDENTIAL — LOW DENSITY Multi -family Units: Multi -family units shall be only be allowed within Tract B. Any Multi family area shall be developed in accordance with the "MF -1 — Multiple Family Residential" regulations of the City of Anna Zoning Ordinance as presently exist or as they may be amended. A maximum of eighteen (18) units per gross acre of land and a total of no more than 250 units within Tract B shall be permitted. Additionally, multifamily units shall be developed in accordance with the following criteria: i. Lot Area: The minimum area of any lot shall be .shall be 8 acres if property is developed as Multi - Family. ii. Required Parking: Parking requirements for multifamily development areas shall be one and one- half (1.5) spaces per one -bedroom and efficiency units, two (2) spaces per two or more bedroom units. iii. Minimum Dwelling: The minimum floor area for multifamily units with one bedroom shall be six hundred (600) square feet, exclusive of garages, open breezeways and porticos. Any additional bedrooms shall be a minimum of 150 square feet. iv. Lot Coverage and Open Space: In no case shall more than fifty (50) percent of the total lot area by covered by the combined area of the main buildings and accessory buildings. a. All MF units must be located within six hundred feet (600') of a usable open space area. The Planning & Zoning Commission may approve this distance to be increased to up to one thousand two hundred feet (1,200') if the shape of the MF development is irregular or if existing trees/vegetation on the site can be preserved by increasing the distance. b. Within useable open space areas, there shall be at least one (1) tree for every one thousand (1,000) square feet of space. New trees planted to meet this requirement shall be a minimum of three inches (Y) in caliper. Individual usable open space areas shall be at least twenty thousand (20,000) square feet in size. Useable open space must be a minimum of fifty feet (50') wide, and must have no slope greater than ten percent (10%). At the time of Site Plan approval, the Planning & Zoning Commission may approve, full or partial credit for open areas that exceed the 20% maximum slope if it is determined Ord. 667-2014 Zoning Change — Property South side of FM 455 bordering Throckmorton Crk 08-26-14 that such areas are environmentally or aesthetically significant and that their existence enhances the development or the surrounding area. d. Pools, tennis courts, walkways, patios and similar outdoor amenities may be located within areas designated as useable open space. Areas occupied by enclosed buildings (except for gazebos and pavilions), driveways, parking lots, overhead electrical transmission lines and easements, drainage channels and antennas may not be included in calculating useable open space. V. Lot Width: The minimum width of any lot shall not be less than fifty (50) feet. vi. Lot Depth: The minimum depth of any lot shall not be less than one hundred twenty (120) feet. vi. Front Yard: The minimum depth of the front yard shall be twenty-five (25) feet. vii. Side Yard: The minimum side yard on each side of the lot shall be ten (10) feet. A side yard adjacent to a street shall be a minimum of twenty-five (25) feet. A building separation of fifteen (15) feet shall be provided between multi -family structures. If a side yard is adjacent to a single family residential district, there shall be a twenty-five (25) foot setback and a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height. viii. Rear Yard: The minimum depth of the rear yard shall be twenty-five (25) feet. If a rear yard is adjacent to a single family residential district, there shall be a sixty (60) foot setback from the adjacent property line for buildings in excess of one story in height ix. Maximum Height: Buildings shall be a maximum of three (3) stories, not to exceed forty five (45) feet in height. Chimneys, antennae and other architectural projections not used for human occupancy may extend five (5) feet above this height limit. X. Screening Requirements: Border fencing of masonry construction (approved by the City) of not less than eight feet in height shall be installed by the builder at the time of construction of any Multi -family complex, along the property line on any perimeter not abutting a creek, public street or right-of-way. This fence shall be maintained throughout the existence of the multi -family complex by the owner of the complex. xi. Staggered Wall Line: Front elevation walls must have a minimum four (4) foot offset between the relative front walls (exclusive of exterior balconies) of two adjacent units in the same building. xii. Masonry Requirements: All principal multi -family buildings and structures shall have at least ninety percent (90%) of the total exterior walls above grade level, excluding doors and windows, and recessed balcony areas constructed of acceptable masonry wall construction, in accordance with the city's building code and fire prevention code. xiii. A minimum of 10 percent of the parking spaces must be covered. Garages serving no less than thirty six (36%) of the units shall be the same or similar to the fagade materials of the main structures, Ord. 667-2014 Zoning Change — Property South side of FM 455 bordering Throekmorton Crk 08-26-14 xiv. The building must have roof articulation approved by the Planning Director. The main roof plane shall not occupy more than 70 percent of the plane. xv. The Club House must be constructed during the construction of the first phase of the planned development to receive a certificate of occupancy. xvi. The water and sewer service for this property must be approved by the City. xvii. The property must be platted prior to the issuance of a building permit. xvii. Any structure over 6,000 square feet shall be sprinkled. Additionally, firewalls required by code or recommendations from the Fire Chief will be addressed during plan review. e. 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. Non -substantial changes of detail on the final development plan(s) that differ from the Conceptual Development plan may be authorized by the City Council with the approval of the final development plan(s) and without public hearing. 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. Ord. 667-2014 Zoning Change — Property South side of FM 455 bordering Throckmorton Crk 08-26-14 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 26th day of August 2014. ATTESTED: at a Wilkison, City Secretary `�Stt1 '1119111, OF y iii r • r r Ai/t/t1JJl tlN1w�"1� Ord. 667-2014 Zoning Change — Property South side of FM 455 bordering Throckmorton Crk 08-26-14 HGR14005-Park Place Anna, TX Zoning Exhibit Legal Description Tract "A" Being a part of a called 50.769 acre tract of land situated in the City of Anna, Collin County, Texas, in the Thomas Rattan Survey Abstract No. 782 described in Document Number 20100122000070530 in the records of the Collin County Deed Records, said tract being more particularly described by metes and bounds as follows: BEGINNING at a point in the South Right -of -Way line of F.M. Highway No. 455 at the Northeast corner of Anna Retail Addition, an addition to the said City of Anna, Collin County, Texas recorded in County Clerk File No. 20070620010002150, said point being the beginning of a curve to the left; THENCE following the South Right -of -Way line of F.M. Highway No. 455 along said curve for a distance of 212.82 feet through a central angle of 30° 3744" having a radius of 398.10 feet and a chord bearing S 620 26' 8" E, 210.29 feet; THENCE continuing along the South Right -of -Way line of F.M. Highway No. 455, S 770 45'00" E, 171.20 feet to the beginning of a curve to the left; THENCE continuing along the South Right -of -Way line of F.M. Highway No. 455, along said curve for a distance of 282.65 feet through a central angle of 210 25'00" having a radius of 756.20 feet and a chord bearing S 880 27'30" E, 281.02 feet; THENCE continuing along the South Right -of -Way line of F.M. Highway No. 455, N 800 50'00" E, 321.50; THENCE S 000 03'41" E, 926.53 feet; THENCE S 890 52'58" W, 641.17 feet to a point lying in the approximate center of Throckmorton Creek; THENCE along the approximate center of Throckmorton Creek for the following courses: THENCE S 180 335" W, 13.41 feet; THENCE along a non -tangent curve to the left for a distance of 63.56 feet through a central angle of 340 49'39" having a radius of 104.56 feet and a chord bearing S 10 8' 16" W, 62.58 feet; THENCE S 060 27' 11" E, 46.52 feet; THENCE S 180 38'26" W, 39.29 feet; THENCE S 610 57'57" 09'05" W, 18.35 feet; THENCE N 760 46'24" 41' 13" W, 49.40 feet; THENCE N 430 37'54" 37' 15" W, 31.72 feet; THENCE N 230 51'37" 19'28" W, 20.16 feet; THENCE along a non -tangent curve to the left for a distance of 98.25 feet through a central angle of 107° 32' 18" having a radius of 52.35 feet and a chord bearing N 770 47' 35" W, 84.45 feet; THENCE S 790 43'00" THENCE S 290 4532" THENCE S 890 W, 19.65 feet; THENCE S 070 3556" THENCE N 830 E, 19.65 feet; THENCE S 340 09'05" E, 152.58 feet; THENCE S 120 41' 13" E, 26.40 feet; THENCE S 130 37' 15" W, 26.40 feet; THENCE S 01 ° 19'28" W, 35.34 feet; THENCE S 490 34'34" E, 35.34 feet; THENCE S 790 43'00" E, 54.84 feet; THENCE S 890 05'49" E, 54.84 feet; THENCE N 830 16' 13" E, 52.84 feet; THENCE N 340 44'25" E, 59.39 feet; THENCE along a non -tangent curve to the right for a distance of 60.31 feet through a central angle of 1120 32'20" having a radius of 30.70 feet and a chord bearing S 780 41' 51 " E , 51.07 feet; THENCE S 140 16' 16" E, 64.42 feet; THENCE S 030 49'39" W, 20.77 feet; THENCE S 300 00'49" W, 57.19 feet; THENCE S 530 15'07" W, 16.50 feet; THENCE N 870 11'48" W, 47.54 feet; THENCE S 530 35'27" W, 31.04 feet; THENCE S 140 55'09" W, 17.33 feet; THENCE S 280 27' 10" E, 49.26 feet; 2 THENCE S 000 37'57" W, 51.76 feet; THENCE S 450 41'49" W, 20.99 feet; THENCE S 770 24' 18" W, 25.94 feet; THENCE N 640 22'29" W, 67.87 feet; THENCE N 870 11' 17" W, 16.06 feet; THENCE S 610 52'00" W, 186.11 feet; THENCE S 160 10' 33" W, 38.45 feet; THENCE S 090 47'30" W, 70.59 feet; THENCE S 540 55'30" W, 32.31 feet; THENCE S 180 56' 12" W, 17.33 feet; THENCE S 060 27'40" E, 32.56 feet; THENCE S 220 3745" E, 32.56 feet; THENCE S 450 31'37" E, 141.30 feet; THENCE S 210 26'00" E, 19.63 feet; THENCE S 040 07'55" W, 69.29 feet; THENCE S 260 20'51" E, 30.39 feet; THENCE S 760 06' 31" E, 22.80 feet; THENCE N 570 33'40" E, 26.36 feet; THENCE N 170 57' 11" E, 64.21 feet; THENCE N 400 15'47" E, 41.33 feet; THENCE N 820 40'40" E, 40.26 feet; THENCE S 340 56' 16" E, 40.26 feet; THENCE S 040 22' 16" E, 85.55 feet; THENCE S 190 25'48" E, 74.39 feet; THENCE S 270 51'41 " W, 29.90 feet; THENCE S 770 17'58" W, 156.21 feet; THENCE S 310 53' 18" W, 36.67 feet; THENCE S 280 57'55" E, 36.67 feet; 3 THENCE S 510 40'01" E, 41.09 feet; THENCE S 130 34'55" E, 27.24 feet; THENCE S 470 08' 16" W, 27.24 feet; THENCE S 740 27'00" W, 86.87 feet; THENCE S 390 51'09" W, 111.20 feet; THENCE N 010 24'49" W, 1,480.72 feet; THENCE N 01 ° 43' 05" W, 1,023.96 feet to the POINT OF BEGINNING, containing 25.701 Acres, more or less. This document was prepared under 22 TAC 663.21, 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. 4 HGR14005-Park Place Anna, TX Zoning Exhibit Legal Description Tract "B" Being a part of a called 50.769 acre tract of land situated in the City of Anna, Collin County, Texas, in the Thomas Rattan Survey Abstract No. 782 described in Document Number 20100122000070530 in the records of the Collin County Deed Records, said tract being more particularly described by metes and bounds as follows: COMMENCING at a point in the South Right of Way line of F.M. Highway No. 455 at the Northeast corner of Anna Retail Addition, an Addition to the said City of Anna, Collin County, Texas recorded in County Clerk File No. 20070620010002150, said point being the beginning of a curve to the left; THENCE following the South Right of Way line of F.M. Highway No. 455 along said curve for a distance of 212.82 feet through a central angle of 300 37' 44" having a radius of 398.10 feet and a chord bearing S 62° 26' 8" E, 210.29 feet; THENCE continuing along the South Right of Way line of F.M. Highway No. 455, S 770 45' 00" E, 171.20 feet to the beginning of a curve to the left; THENCE continuing along the South Right of Way line of F.M. Highway No. 455, along said curve for a distance of 282.65 feet through a central angle of 210 25'00" having a radius of 756.20 feet and a chord bearing S 88° 2730" E, 281.02 feet THENCE continuing along the South Right of Way line of F.M. Highway No. 455, N 800 50' 00" E, 321.50 feet; THENCE S 00 03'41 " E, 926.53 feet to the POINT OF BEGINNING THENCE S 00 03'41" E, 1,508.14 feet; THENCE S 890 37'50" W, 886.77 feet; THENCE N 10 24'49" W, 26.60 feet to a point lying in the approximate center of Throckmorton Creek; THENCE along the approximate center of Throckmorton Creek for the following courses: THENCE N 390 51'09" E, 111.20 feet; THENCE N 740 27'00" E, 86.87 feet; THENCE N 470 08' 16" E, 27.24 feet; THENCE N 130 34'55" W, 27.24 feet; THENCE N 510 40'01" W, 41.09 feet; THENCE N 280 57'55" W, 36.67 feet; THENCE N 310 53' 18" E, 36.67 feet; THENCE N 770 17'58" E, 156.21 feet; THENCE N 270 51'41" E, 29.90 feet; THENCE N 190 25'48" W, 74.39 feet; THENCE N 40 22'16"W, 85.55 feet; THENCE N 340 56' 16" W, 40.26 feet; THENCE S 820 40'40" W, 40.26 feet; THENCE S 400 15'47" W, 41.33 feet; THENCE S 170 57' 11" W, 64.21 feet; THENCE S 570 33'40" W, 26.36 feet; THENCE N 760 06'31" W, 22.80 feet; THENCE N 260 20'51 " W, 30.39 feet; THENCE N 40 07'55" E, 69.29 feet; THENCE N 210 26'00" W, 19.63 feet; THENCE N 450 31'37" W, 141.30 feet; THENCE N 220 37'45" W, 32.56 feet; THENCE N 60 27'40" W, 32.56 feet; THENCE N 180 56'12" E, 17.33 feet; THENCE N 540 55'30" E, 32.31 feet; THENCE N 90 47'30" E, 70.59 feet; THENCE N 160 10'33" E, 38.45 feet; THENCE N 610 52'00" E, 186.11 feet; THENCE S 870 11' 17" E, 16.06 feet; THENCE S 640 22'29" E, 67.87 feet; THENCE N 770 24' 18" E, 25.94 feet; THENCE N 450 41'49" E, 20.99 feet; 2 THENCE N 00 37'57" E, 51.76 feet; THENCE N 280 27' 10" W, 49.26 feet; THENCE N 140 55'09" E, 17.33 feet; THENCE N 530 35'27" E, 31.04 feet; THENCE S 870 11'48" E, 47.54 feet; THENCE N 530 15'07" E, 16.50 feet; THENCE N 300 00'49" E, 57.19 feet; THENCE N 30 4939" E, 20.77 feet; THENCE N 140 16'16" W, 64.42 feet; THENCE along a non -tangent curve to the left for a distance of 60.31 feet through a central angle of 112c32'20" having a radius of 30.70 feet and a chord bearing N 780 41' 51 " W , 51.07 feet THENCE S 340 44'25" W, 59.39 feet; THENCE S 830 16' 13" W, 52.84 feet; THENCE N 890 05'49" W, 54.84 feet; THENCE N 790 43'00" W, 54.84 feet; THENCE N 490 3434" W, 35.34 feet; THENCE N 10 19'28" E, 35.34 feet; THENCE N 130 37' 15" E, 26.40 feet; THENCE N 120 41' 13" W, 26.40 feet; THENCE N 340 09'05" W, 152.58 feet; THENCE N 70 35'56" W, 19.65 feet; THENCE N 290 45'32" E, 19.65 feet; THENCE along a non -tangent curve to the right for a distance of 98.25 feet through a central angle of 1070 32' 18" having a radius of 52.35 feet and a chord bearing S 770 47' 35" E, 84.45 feet THENCE S 230 51'37" E, 20.16 feet; THENCE S 430 37'54" E, 31.72 feet; THENCE S 760 46'24" E, 49.40 feet; 3 THENCE N 610 57'57" E, 18.35 feet; THENCE N 180 38'26" E, 39.29 feet; THENCE N 60 27'11" W, 46.52 feet; THENCE along a non -tangent curve to the right for a distance of 63.56 feet through a central angle of 340 49' 39" having a radius of 104.56 feet and a chord bearing S 1' 8' 16" W, 62.58 feet; THENCE N 180 335" E, 13.41 feet; THENCE departing the approximate center of Throckmorton Creek, N 890 52'58" E, 641.17 to the POINT OF BEGINNING, containing 25.068 Acres, more or less. This document was prepared under 22 TAC 663.21, 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. 4 F -T--\ \\.