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HomeMy WebLinkAboutOrd 705-2015 Rezoning Property at Foster CrossingCITY OF ANNA, TEXAS ORDINANCE NO. 2015-705 (Re -zoning Foster Crossing, LTD) 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 is generally located east of Pecan Hollow and north of Foster Crossing Blvd. is being rezoned from Planned Development District (PD) zoning to Planned Development (PD) Single Family Residential zoning, 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 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 conform to the standards set forth in the City's Zoning Ordinance as it currently exists or may be amended). 1. PLANNED DEVELOPMENT — PD-72 Residential: 1.1 General Description: The Property identified on the attached Exhibit "A" is intended to accommodate residential 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: Minimum Floor Area — The minimum floor area per dwelling unit shall be one thousand six hundred (1,600) square feet with up to 10% of the lots being one thousand four hundred (1,400) square feet. ii. Lot Area — The minimum area of the lots shall be seventy-two hundred (7,200) square feet with fifteen (15) lots allowed at a minimum six thousand six hundred (6,600) square feet. iii The Overall Average Lot Area — The overall average lot area of all the residential lots within the request as defined on Exhibit "A" shall be a minimum of eighty four hundred (8,400) square feet including the sixty six hundred (6,600) square feet lots. iv. Lot Coverage — In no case shall more than fifty five (55) 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 containing seventy-two (7200) hundred square feet or more shall be a minimum of sixty (60) feet wide. The minimum width of any lot containing less than seventy-two (7,200 hundred square feet shall be a minimum of fifty five (55) feet measured at the front building line, except for lots at the terminus of a cul-de-sac, may have a width of forty-five (45) 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 (100) feet, except for lots at the terminus of a cul-de-sac, on a corner or along a curve ORDINANCE NO. 2015-705 2 (Re -zoning Foster Crossing, LTD) may have a minimum lot depth, measured at mid -points on front and rear lot lines, of ninety (90) feet; provided all other requirements of this section are fulfilled. vii. Front Yard — The minimum depth of the front yard shall be twenty (20) 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 five (5) feet. The side yard adjacent to a street shall be ten (10) feet. ix. Rear Yard — The minimum depth of the rear yard shall be fifteen (15) 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 ORDINANCE NO. 2015-705 3 (Re -zoning Foster Crossing, LTD) 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 27th day of October 2015. ATTESTED: Carrie L. Smith, City Secretary ORDINANCE NO. 2015-705 4 (Re -zoning Foster Creek) EXHIBIT A Metes & Bounds Description SITUATED in the State of Texas, County of Collin, and City of Anna, being part of the R.C. Ingraham Survey, Abstract No. 464 and part of the James Slater Survey, Abstract No. 868, and being all of a called 30.00 acre tract of land as described under Document No. 20070413000501940 of the Collin County Land Records and being the same tract of land described as Tract 3 in Deed of Trust as recorded under Document No. 20140731000808030 of the Collin County Land Records, part of a called 32.00 acre tract as recorded in Volume 5404, Page 22 of the Collin County Land Records and being the same tract of land described as Tract 1- Parcel B in Deed of Trust as recorded under Document No. 20140731000808030 of the Collin County Land Records, and being all of the remainder of a called 15.00 acre tract (Tract 2) as recorded under Document No. 20070413000501940 of the Collin County Land Records, and being the same tract of land described as Tract 2 in Deed of Trust as recorded under Document No. 20140731000808030 of the Collin County Land Records with said premises being more particularly described as follows: BEGINNING at a PK nail found in the approximate center of County Road 366 marking the southeast corner of said 30.00 acre tract, the southeast corner of said premises, and being the southwest corner of the remainder of a called 154.31 acre tract as recorded under Document No. 20091120001412560 of the Collin County Land Records; THENCE with the approximate center of County Road 366, the south line of said 30.00 acre tract, and the south line of said premises, South 89°54'07" West, 891.38 feet to a PK nail found marking the southwest corner of said 30.00 acre tract, the southwest corner of said premises, and the southeast corner of a called 1.00 acre tract as recorded under County Clerk File No. 94-0112706 of the Collin County Land Records; THENCE with the west line of said 30.00 acre tract, the west line of said premises, the east line of said 1.00 acre tract, the east line of Joan Luscombe's tract as recorded under Document No. 20150318000293470 of the Collin County Land Records, the east line of a called 11.00 acre tract as recorded in Volume 5431, Page 5242 of the Collin County Land Records, and partway with the approximate center of Private Road 5302, North 01°18'43" West, 1,207.91 feet to a Glas capped iron rod found marking the northwest corner of said 30.00 acre tract, the northeast corner of said 11.00 acre tract, and being in the south line of a called 10.00 acre tract as recorded under Document No. 20091120001412550 of the Collin County Land Records; THENCE with a north line of said 30.00 acre tract, a north line of said premises, and the south line of said 10.00 acre tract, North 88°28'14" East, 465.63 feet to an Owens capped iron rod found marking an interior ell -corner of said 30.00 acre tract, an interior ell -corner of said premises, and the southeast corner of said 10.00 acre tract; THENCE with a west line of said 30.00 acre tract, a west line of said premises, and the east line of said 10.00 acre tract, North 00°13'20" West, 412.38 feet to an Owens capped iron rod found marking the an interior ell -corner of said premises, the northeast corner of said 10.00 acre tract, and the southeast corner of said remainder of a called 15.00 acre tract; THENCE with the south line of said premises and the north line of said 10.00 acre tract, South 88°28'07" West, 998.31 feet to an Owens capped iron rod found and South 19°07'09" West, passing a %2- inch iron rod found at 432.78 feet and continuing for a total distance of 440.82 feet to a point marking the most a southeast corner of said premises, the southwest corner of said 10.00 acre tract, being in the south line of said 15.00 acre tract, and being in a north line of a called 158.95 acre tract as recorded under Document No. 20110527000548820 of the Collin County Land Records; THENCE with the south line of said 15.00 acre tract, the south line of said premises, and a north line of said 158.95 acre tract, South 88°26'55" West, 576.21 to a 5/8-inch iron rod found marking the southwest corner of said 15.00 acre tract, the most westerly southwest corner of said premises, an interior ell -corner of said 158.95 acre tract, and being in the east line of Pecan Grove Phase 1, an addition to the City of Anna as recorded in Volume Q, Page 555 of the Collin County Map Records; THENCE partway with the west line of said 15.00 acre tract, the west line of said premises, partway with the west line of said 32.00 acre tract, and the east line of said addition, North 00°03'39" East, 235.76 feet to a point in a Hackberry Tree marking the most westerly northwest corner of said 32.00 acre tract, the most westerly northwest corner of said premises, and the southwest corner of a called 15 acre tract (Tract 3) as recorded in Volume 4162, Page 2694 of the Collin County Land Records THENCE with a north line of said 32.00 acre tract, a north line of said premises, and the south line of said 15 acre tract, North 88°46'36" East, 395.65 feet to a wood fence corner post found marking an interior corner of said 32.00 acre tract, an interior corner of said premises, and the southeast corner of said 15 acre tract; THENCE with a west line of said 32.00 acre tract, a west line of said premises, and the east line of said 15 acre tract, North 15'42'13" East, 1,263.76 feet to a 5/8-inch iron rod found marking the most northerly northwest corner of said 32.00 acre tract, the most northerly northwest corner of said premises, and the southwest corner of a called 23.5 acre tract (Tract 1) as recorded in Volume 4162, Page 2694 of the Collin County Land Records; THENCE with the north line of said 32.00 acre tract, the north line of said premises, and the south line of said 23.5 acre tract as follows: South 81°26'58" East, 858.39 feet to a wood fence corner post; South 51'33'18" East, 315.46 feet to a %2-inch iron rod found marking the southeast corner of said 23.5 acre tract and the southwest corner of a called 9.920 acre tract as recorded under Document No. 20061220001790430 of the Collin County Land Records; South 51'25'13" East, 277.54 feet to a Roome capped iron rod found; South 86°07'34" East, 149.05 feet to a point marking the most easterly northeast corner of said premises; THENCE with the east line of said premises as follows: South 03°50'27" West, 179.92 feet; North 86°09'33" West, 49.76 feet; South 03°50'03" West, 87.55 feet; South 00°46'37" East, 112.52 feet to a point for corner marking the northeast corner of said 30.00 acre tract, the northwest corner of the aforementioned remainder of a called 154.31 acre tract, and being in the south line of said 32.00 acre tract; THENCE with the east line of said 30.00 acre tract, the east line of said premises, and the west line of said remainder of a called 154.31 acre tract, South 01°18'43" East, 1,750.40 feet to the point of beginning and containing 63.867 acres of land. G7 Please publish the attached in the legal section of the newspaper at the earliest possible date. Please send tear sheet, publisher's affidavit, and bill to the City of Anna. CITY OF ANNA PUBLIC HEARINGS ON ZONING CHANGES A public hearing will be conducted by the City Council of the City of Anna on Tuesday, October 27th, 2015 at 7:30 p.m. at the Community Room of the Anna City Hall Administration Building located at 111 North Powell Pkwy (Hwy 5) Anna, Texas, to hear public comment regarding amendments to the City's Comprehensive Plan, the City's zoning map, and the City's Zoning Ordinance. The public hearing will respectively concern the City Council's consideration of an ordinance described as follows: 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. The property is currently zoned as PD Planned Development for residential and commercial uses. The owners of the property are requesting changing the commercial portion of the tract to single family residential and to a adjust densities throughout the request. The property is generally located west of Powell Parkway and north of Foster Crossing Blvd. The Planned Development being revised is PD — 2002-27A. Copies of the rezoning request, including a snap of the property generally described above, are available for review during regular office hours at the office of the City Secretary, Anna City Hall, at 111 N. Powell Parkway, Anna, Texas. Written comments on the zoning requests/changes are welcomed and will be accepted until the time of the public hearings and may be presented at the hearings. Speakers at the hearings will be heard according to their order on a listing to be established for such purpose by the City Secretary.